Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the OD Coverage website, platform, and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

1. Platform-Only Role

OD Coverage is a technology platform only.

The Service provides tools that allow optometrists and optometry practices to post, discover, and connect regarding fill-in shifts. OD Coverage does not provide medical services, clinical care, employment, credentialing, staffing, recruiting, or placement services.

2. No Medical or Employment Relationship

OD Coverage does not supervise, control, or guarantee any professional services rendered by users of the platform. No employment, partnership, agency, or joint venture relationship is created by use of the Service.

3. No Verification; No Guarantee of Outcomes

Unless OD Coverage explicitly states otherwise in writing, OD Coverage does not independently verify the identity, licensure, credentials, malpractice insurance, background, eligibility to work, or fitness of any user. You are solely responsible for performing any due diligence, credentialing, verification, contracting, and onboarding that you deem appropriate before engaging with another user.

OD Coverage does not guarantee that any listing will receive responses, that any shift will be filled, accepted, completed, or compensated, or that any user will perform services satisfactorily. Any arrangements, compensation terms, and obligations are solely between the parties to the transaction.

4. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into these Terms. If you use the Service on behalf of a clinic or practice, you represent that you have authority to bind that entity.

5. Accounts and Security

You are responsible for safeguarding your account credentials and all activity under your account. OD Coverage is not liable for unauthorized access resulting from your failure to protect your credentials.

6. User Content and Listings

You are solely responsible for all information you submit, including shift listings, rates, dates, contact details, and descriptions (“User Content”). You represent that your User Content is accurate, lawful, and not misleading.

You grant OD Coverage a non-exclusive, worldwide, royalty-free license to host, display, modify (for formatting), and distribute User Content solely to operate the Service.

7. Prohibited Content

You agree not to upload or transmit:

• Patient information, medical records, PHI, or HIPAA-regulated data
• False, fraudulent, or misleading listings
• Spam, harassment, or abusive content
• Unauthorized scraping or automated access
• Content that infringes another party’s rights (including privacy, publicity, or IP rights)

8. Moderation and Removal

OD Coverage reserves the right, but not the obligation, to review, hide, modify, or remove listings or accounts at any time for any reason, including suspected abuse, inaccurate information, user complaints, or policy violations. Administrative decisions are final.

9. Fees, Payments, and Refund Policy

Certain features of the Service require payment, including posting fees. All applicable fees are disclosed before checkout.

• Payments are processed by third-party processors such as Stripe.
• OD Coverage does not store full credit card numbers.
• Fees are charged for access to the platform, not outcomes.
• All fees are non-refundable unless explicitly stated otherwise.
• No refunds are issued for cancellations, no-shows, unfilled shifts, user error, or disputes between users.

Initiating a chargeback or payment dispute without contacting support may result in account suspension or termination.

10. Beta Features and Pricing

The Service may be offered in beta or promotional periods. OD Coverage reserves the right to modify pricing, features, or promotional access at any time.

11. Clinical Responsibility Disclaimer

OD Coverage is not responsible for any clinical decisions, patient care, patient outcomes, malpractice claims, professional discipline, regulatory actions, or other liabilities arising from services provided by users. Users are solely responsible for complying with all applicable laws, regulations, professional standards, licensure requirements, and documentation obligations.

12. Disclaimers

The Service is provided “as is” and “as available.” OD Coverage makes no warranties regarding availability, accuracy, reliability, or suitability of listings or user conduct.

13. Limitation of Liability

To the fullest extent permitted by law, OD Coverage shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost income, lost profits, lost goodwill, business interruption, loss of data, or costs of substitute services, arising out of or related to your use of (or inability to use) the Service, any listings, or any interactions between users, even if OD Coverage has been advised of the possibility of such damages.

OD Coverage’s total liability shall not exceed the fees paid by you to OD Coverage in the six (6) months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless OD Coverage from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your listings, your User Content, your interactions with other users, or your violation of these Terms or applicable law.

15. Termination

OD Coverage may suspend or terminate access to the Service at any time for violations of these Terms or conduct harmful to the platform.

16. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

17. Dispute Resolution and Arbitration

Informal Resolution First. Before filing any formal claim, you agree to first contact OD Coverage at support@odcoverage.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within a reasonable time.

Binding Arbitration. If a dispute cannot be resolved informally, you and OD Coverage agree that any claim, dispute, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved exclusively by binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.

The arbitration shall be conducted on an individual basis (not as a class, collective, or representative action) under the rules of the American Arbitration Association (AAA). The arbitration will take place in California, unless the parties agree otherwise.

No Class Actions. You agree that you may bring claims against OD Coverage only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Governing Law for Arbitration. This arbitration agreement is governed by the Federal Arbitration Act. The laws of the State of California apply to all other aspects of these Terms.

Exceptions. Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized use, abuse, or infringement of intellectual property.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and OD Coverage regarding the Service and supersede any prior or contemporaneous agreements, communications, or understandings.

20. Electronic Communications

By using the Service, you consent to receive communications from OD Coverage electronically, including via email and through the Service. You agree that all agreements, notices, disclosures, and other communications that OD Coverage provides to you electronically satisfy any legal requirement that such communications be in writing.

21. Changes

Continued use of the Service after updates constitutes acceptance of revised Terms.