Terms of Service

Last updated November 9, 2026. Draft: under review before paid plans start.

1. Who we are

These terms are an agreement between you and FrameRate Optical ("we", "us"), 9169 W State St #3265, Garden City, ID 83714, framerateoptical@gmail.com. They cover the Optical Tracker at app.framerateoptical.com and the free Optical Health Check at framerateoptical.com (together, "the service").

If you use the service for a practice or business, you agree to these terms for that business and confirm you're allowed to. In these terms "you" means you and that business. You must be at least 18.

2. No patient information

The service is built for practice totals and codes: counts, dollar amounts, frame SKUs, lab names and reason codes. It is not built to store protected health information (PHI) as defined by HIPAA, or any other information that identifies a patient.

• You agree not to enter patient names, dates of birth, contact details, prescriptions, chart or account numbers, photos, or any other patient identifier, in any field, note or upload.
• We are not your business associate under HIPAA, and we don't sign business associate agreements.
• Some fields reject text that looks like an email, phone number or date. That check is a safety net, not a promise that nothing identifying gets through.
• If we find patient information in your practice, we may delete it and will tell you.

3. Accounts and your team

• You can sign in with an email and password or with Google. Keep your sign-in details to yourself and tell us right away if you think someone else has used your account.
• The person who creates a practice is its owner. Owners and administrators can invite staff and choose what each person can see and change. You're responsible for what people you invite do in your practice.
• Each person needs their own account. Don't share one sign-in between people.

4. Your data

• You own it. The totals, remakes, frames and other entries your practice adds ("practice data") belong to you.
• What you let us do with it. You give us permission to store, copy and process practice data only as needed to run, secure, back up and support the service for you.
• Aggregate benchmarks. We may combine practice data from many practices into totals and averages, with no practice or person identified, to build industry benchmarks and improve the service. We will never publish or share a figure that identifies your practice without your written permission.
• Export. You can download your monthly totals, remakes and frame board as CSV files at any time.
• Our Privacy Policy explains what we collect and how long we keep it.

5. Plans and billing

Prices are per practice location, per month, in US dollars:

• Payments are handled by Stripe. We never see or store your full card number.
• Plans are billed monthly in advance and renew automatically until you cancel. Sales tax is added where the law requires it.
• You can cancel any time from Billing in your practice. Cancelling stops the next charge, and you keep access until the end of the month you've paid for. We don't give refunds for partial months, except where the law requires it.
• If a payment fails, we'll email you and Stripe will retry. If it's still unpaid after 14 days, we may make the practice read-only until it's paid. We won't delete practice data for non-payment without the notice in section 9.
• We may change prices with at least 30 days' email notice. A new price applies from your next billing month after the notice period.

Pilot practices

While we're piloting, some practices are set up for free. A pilot practice is never charged automatically. Before paid plans start, we'll give you at least 30 days' notice, and you'll be charged only if you choose a plan.

Founding practice offer

The first 10 practices that accept the founding offer get the Optical Tracker for $39 a month per location, locked for 24 months from their first paid month, as long as the plan stays active. In return, a founding practice agrees to:

• A short feedback call with us about once a month.
• Let us quote them, by name and practice name, in our marketing. We'll show you the exact quote and how we'll use it before it appears anywhere, and you can tell us to stop using it in anything new at any time.

If the feedback calls stop for three months in a row, we may move the practice to the regular price with 30 days' email notice. After the 24 months, the regular price applies, again with 30 days' notice.

6. Using the service fairly

You agree not to:

• Enter patient information (section 2) or anything unlawful.
• Try to get into another practice's data, test our security without our written permission, or get around access rules or plan limits.
• Overload the service, scrape it, or use bots to sign up.
• Copy, resell or rebuild the service, or reverse engineer it except where the law allows.

7. Benchmarks are estimates

Bands such as Below typical, Typical and Top-practice level are based on published industry estimates, not official statistics, and dollar figures are worked out from the numbers you enter. They're there to help you decide where to look. They aren't financial, legal, tax or clinical advice, and they're only as accurate as what's entered.

8. Availability and changes

We work to keep the service running and your data backed up, but we're a small, new service and don't promise a specific uptime. We may add, change or remove features. If we remove a feature your paid plan depends on, we'll tell you first, and you can cancel.

9. Ending the agreement

• You can stop using the service, cancel your plan or delete your account at any time.
• We may suspend or close an account that breaks these terms, puts other practices at risk or goes unpaid. Unless the problem is serious or the law stops us, we'll email first and give you a chance to fix it.
• After a practice is cancelled or closed, you have 90 days to export its data. After that we delete it. Copies in our backups are deleted as the backups expire, within 14 weeks.
• Sections 2, 4, 10, 11 and 13 still apply after the agreement ends.

10. Warranty disclaimer

The service is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. The free Optical Health Check is provided at no charge and with no warranty of any kind.

11. Limit on liability

To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim about the service is limited to the amount you paid us in the 12 months before the claim, or $100 if that's more. These limits don't apply to your obligations in section 12 or to liability the law doesn't let us limit.

12. If patient information causes a claim

If someone brings a claim against us because your practice entered patient information or other data you didn't have the right to enter, you agree to cover our reasonable costs of that claim, including lawyers' fees.

13. Disputes

These terms are governed by the laws of the State of Ohio, without regard to its conflict-of-law rules. Any dispute will be handled in the state or federal courts in Franklin County, Ohio, and we both agree to those courts. Before going to court, we each agree to try to settle the dispute by email for at least 30 days.

14. Changes to these terms

We may update these terms. If a change matters for how you use the service or what you pay, we'll email the practice owner at least 30 days before it takes effect. Using the service after that means you accept the new terms. If you don't, you can cancel before the change.

15. Everything else

These terms and the Privacy Policy are the whole agreement about the service. If a part is found unenforceable, the rest still applies. Not enforcing a part isn't a waiver of it. You can't transfer this agreement without our permission; we may transfer it if the business is sold, and we'll tell you. Notices to us go to framerateoptical@gmail.com; notices to you go to the practice owner's email.