Terms of Service
Effective Date: April 1, 2025 • Version 2.0
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE GOT2 PLATFORM. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
1. Introduction
These Terms of Service ("Agreement") govern your access to and use of the GOT2 platform (the "Service") provided by KandooIT, LLC ("GOT2", "we", "us", or "our"), including all associated software, applications, APIs, and documentation offered through got2.care, got2.cloud, and related domains.
The Service is a cloud-based practice management, clinical, and billing platform designed for optometric and optical healthcare providers, their staff, and affiliated organizations operating in Canada, the Caribbean, and other supported regions.
If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity. In that case, "you" refers to that entity.
2. Definitions
The following definitions apply throughout this Agreement:
• "Account" means the registered account created by a Subscriber to access the Service.
• "Authorized User" means any individual granted access to the Service under a Subscriber's Account, including practitioners, staff, and administrative personnel.
• "BAA" means a Business Associate Agreement executed between GOT2 and a Covered Entity Subscriber as required under HIPAA.
• "Business Associate" has the meaning given under 45 CFR § 160.103, and refers to GOT2's role in handling PHI on behalf of Covered Entity Subscribers.
• "Covered Entity" has the meaning given under 45 CFR § 160.103, including healthcare providers that transmit health information in electronic form in connection with covered transactions.
• "ePHI" means Electronic Protected Health Information as defined under 45 CFR § 160.103.
• "GOT2 Platform" means the full suite of software, tools, APIs, and features accessible under your subscription plan, including scheduling, electronic health records (EHR), optical dispensing, billing, lab integration, and patient communication modules.
• "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 and all regulations promulgated thereunder, including the Privacy Rule, Security Rule, and Breach Notification Rule.
• "Patient Data" means any personally identifiable health information, clinical records, prescription data, or other protected health information entered into the Service relating to a patient, including PHI and ePHI.
• "PHI" means Protected Health Information as defined under 45 CFR § 160.103.
• "Subscriber" means the practice, clinic, or business entity that has subscribed to the Service under a paid or trial plan.
• "Subscription Plan" means the specific tier of service purchased, as described on the GOT2 pricing page or agreed upon in a separate Order Form.
3. Account Registration and Eligibility
3.1 Eligibility
You must be at least 18 years of age and authorized to conduct healthcare business in your jurisdiction to create an Account or use the Service on behalf of a Subscriber.
3.2 Account Information
You agree to provide accurate, current, and complete information during registration and to keep your Account information updated. GOT2 is not responsible for issues resulting from inaccurate information provided by you.
3.3 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your Account. You must:
• Use strong, unique passwords for all accounts
• Enable multi-factor authentication where available
• Immediately notify GOT2 of any unauthorized access or security breach at support@got2.care
• Not share credentials with individuals who are not Authorized Users
4. The Service
4.1 Service Description
The GOT2 Platform provides optometry and optical practices with integrated tools including, but not limited to:
• Electronic Health Records (EHR) and clinical documentation
• Appointment scheduling and patient recall management
• Optical dispensing, frame and contact lens ordering
• Insurance and benefits billing
• Third-party lab integrations (VisionWeb, RxUniverse, ABB Optical, and others)
• Patient communications via SMS, email, and voice
• Financial reporting, POS, and payment processing
• Multi-location and multi-provider support
4.2 Service Availability
GOT2 will use commercially reasonable efforts to maintain Service availability of 99.5% per calendar month, excluding scheduled maintenance windows, force majeure events, or issues caused by third-party infrastructure. Scheduled maintenance will be communicated with at least 24 hours' advance notice wherever practicable.
4.3 Modifications to the Service
GOT2 reserves the right to modify, enhance, or discontinue any feature of the Service at any time. We will provide reasonable notice for material changes that adversely affect Subscribers. Continued use of the Service following such notice constitutes acceptance of the changes.
5. Subscription, Fees, and Payment
5.1 Subscription Plans
Access to the Service is provided on a subscription basis. Plan details, features, and pricing are described at got2.care/pricing or in your Order Form. Plans are billed monthly or annually as selected at sign-up.
5.2 Fees and Payment
You authorize GOT2 to charge the payment method on file for all applicable subscription fees. Fees are due in advance at the start of each billing cycle. All fees are non-refundable except as expressly stated in this Agreement or required by applicable law.
5.3 Taxes
Fees are exclusive of applicable taxes. You are responsible for all taxes, duties, or similar governmental charges arising from your use of the Service, excluding taxes on GOT2's net income.
5.4 Late Payments and Suspension
If payment is not received within 10 days of the due date, GOT2 may suspend access to the Service. GOT2 will provide written notice before suspension. Accounts suspended for non-payment may be terminated after 30 days of non-payment.
5.5 Fee Changes
GOT2 may change subscription fees upon 30 days' written notice. Continued use of the Service after the effective date constitutes your acceptance of the new fees. If you do not accept the new fees, you may terminate your subscription before the effective date.
6. Acceptable Use Policy
6.1 Permitted Use
The Service is licensed for use by healthcare providers for legitimate clinical, administrative, and business operations of an optometric or optical practice.
6.2 Prohibited Activities
You agree not to, and will not permit Authorized Users to:
• Use the Service for any unlawful purpose or in violation of applicable health regulations
• Access, tamper with, or disrupt the Service's infrastructure, servers, or network systems
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the platform
• Share, resell, sublicense, or otherwise transfer access to the Service to unauthorized third parties
• Upload or transmit malicious code, viruses, or any content intended to disrupt the Service
• Use automated tools, bots, or scrapers to extract data from the Service without express written consent
• Circumvent, disable, or interfere with security-related features of the Service
• Submit false, misleading, or fraudulent information, including fraudulent insurance claims
• Use the Service in a manner that violates any patient's privacy rights under applicable law
7. Data, Privacy, and Security
7.1 Subscriber Data Ownership
You retain all ownership rights to Patient Data and other data you input into the Service ("Subscriber Data"). GOT2 does not claim ownership of Subscriber Data. You grant GOT2 a limited, non-exclusive, worldwide license to process, store, and transmit Subscriber Data solely to provide the Service.
7.2 GOT2's Privacy Obligations
GOT2 acts as a Business Associate under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations, including the HIPAA Privacy Rule (45 CFR Part 164 Subpart E), Security Rule (45 CFR Part 164 Subpart C), and Breach Notification Rule (45 CFR Part 164 Subpart D). GOT2 will:
• Enter into a Business Associate Agreement ("BAA") with each Covered Entity Subscriber prior to handling Protected Health Information ("PHI")
• Use and disclose PHI only as permitted by the BAA and applicable law
• Implement administrative, physical, and technical safeguards required under the HIPAA Security Rule to protect Electronic Protected Health Information ("ePHI")
• Maintain policies and procedures in compliance with the HIPAA Privacy Rule
• Report any Breach of Unsecured PHI to the Covered Entity without unreasonable delay and no later than 60 days after discovery, in accordance with 45 CFR § 164.410
• Make its internal practices, books, and records available to the U.S. Department of Health and Human Services (HHS) as required by law
• At termination, return or destroy all PHI received from or on behalf of the Covered Entity, where feasible
For Subscribers outside the United States, GOT2 also complies with applicable privacy legislation including PIPEDA and applicable provincial health privacy statutes (e.g., PHIPA in Ontario, PIPA in Alberta). Where both HIPAA and Canadian privacy law apply, the stricter standard governs.
7.3 Your Privacy Responsibilities
As a Covered Entity under HIPAA, you are responsible for:
• Executing a BAA with GOT2 prior to entering any PHI into the Service — use of the Service without an executed BAA is a material breach of this Agreement
• Obtaining all required patient authorizations and consents under HIPAA, applicable state law, and any other applicable privacy regulations
• Ensuring your Notice of Privacy Practices (NPP) accurately reflects the use of electronic health record and practice management systems
• Training all Authorized Users on HIPAA Privacy and Security Rule requirements applicable to their role
• Promptly notifying GOT2 of any suspected or confirmed security incident involving PHI at security@got2.care
• Implementing and enforcing your own workforce security policies as required under the HIPAA Security Rule
• Not entering PHI into free-text fields, email subject lines, or other areas of the Service not designated for PHI
7.4 Business Associate Agreement
A standard BAA is made available to all Covered Entity Subscribers and must be executed before PHI may be entered into the Service. The BAA is incorporated by reference into this Agreement and governs the handling of PHI. In the event of a conflict between the BAA and these Terms as they relate to PHI, the BAA controls.
To request a BAA or for HIPAA compliance inquiries, contact: legal@got2.care
7.5 HIPAA Security Safeguards
GOT2 maintains a comprehensive HIPAA Security program that includes:
• Encryption of ePHI at rest (AES-256) and in transit (TLS 1.2 or higher)
• Role-based access controls and audit logging for all PHI access
• Regular risk assessments and vulnerability management
• Workforce training and sanction policies
• Disaster recovery and contingency planning
• Physical and environmental safeguards for hosting infrastructure
GOT2 will make its Security Rule policies and procedures available to Covered Entities upon written request for purposes of compliance audits.
7.6 Data Retention and Deletion
GOT2 retains Subscriber Data for the duration of the subscription and for a period of 90 days following termination, during which you may request an export. After 90 days, data will be purged from active systems. Backups are retained for up to 12 months before permanent deletion.
7.7 Data Export
You may request a full export of your Subscriber Data at any time by contacting support@got2.care. Exports are provided in industry-standard formats. GOT2 will fulfill export requests within 10 business days.
8. Intellectual Property
8.1 GOT2 Platform
The GOT2 Platform, including all underlying software, algorithms, user interfaces, designs, trademarks, service marks, and documentation, is the exclusive property of KandooIT, LLC and its licensors. Nothing in this Agreement transfers ownership of any GOT2 intellectual property to you.
8.2 Subscriber Data
As stated in Section 7.1, you retain all rights to Subscriber Data. GOT2 acquires no intellectual property rights in Patient Data or business data submitted by you.
8.3 Feedback
If you provide GOT2 with suggestions, ideas, enhancement requests, or other feedback about the Service ("Feedback"), you grant GOT2 a perpetual, royalty-free, irrevocable license to use and incorporate such Feedback into the Service without compensation or attribution to you.
8.4 Third-Party Components
The Service may incorporate third-party software components governed by their respective licenses. A list of material third-party components is available upon request.
9. Third-Party Integrations
The Service may offer integrations with third-party services including optical labs, insurance networks, payment processors, telecommunications providers, and government health programs (collectively, "Third-Party Services"). These integrations are provided for your convenience and:
• GOT2 does not endorse, warrant, or assume liability for Third-Party Services
• Your use of Third-Party Services is governed by the respective third party's terms and privacy policies
• GOT2 is not responsible for downtime, data errors, or changes made by third-party providers
• Integration availability may change based on third-party API changes outside GOT2's control
Where third-party integrations process Patient Data, GOT2 will ensure appropriate data processing agreements are in place where required.
10. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with this Agreement ("Confidential Information"), including but not limited to: business operations, pricing, Patient Data, technical documentation, and strategic plans.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law or court order, provided the disclosing party is given prompt written notice.
Obligations of confidentiality survive termination of this Agreement for a period of five (5) years.
11. Warranties and Disclaimers
11.1 GOT2 Warranties
GOT2 warrants that: (a) it has the legal right and authority to enter into this Agreement; (b) it will provide the Service in a professional and workmanlike manner consistent with industry standards; and (c) it will implement and maintain reasonable security measures to protect Subscriber Data.
11.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN SECTION 11.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. GOT2 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
GOT2 DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. HEALTHCARE PROVIDERS ARE SOLELY RESPONSIBLE FOR CLINICAL DECISIONS AND PATIENT CARE. THE SERVICE IS A MANAGEMENT TOOL AND DOES NOT PROVIDE CLINICAL ADVICE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOT2 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF GOT2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOT2'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO GOT2 IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
Some jurisdictions do not permit the exclusion or limitation of certain warranties or liability, so the above limitations may not apply to you in full.
13. Indemnification
You agree to defend, indemnify, and hold harmless KandooIT, LLC, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:
• Your use of the Service in violation of this Agreement
• Patient Data you provide, including any claim that such data infringes third-party rights
• Your violation of applicable laws, regulations, or healthcare compliance obligations
• Unauthorized use of the Service by your Authorized Users
• Your breach of any representation or warranty in this Agreement
14. Term and Termination
14.1 Term
This Agreement commences on the date you first accept it (whether by clicking "I Agree", completing registration, or using the Service) and continues for the duration of your Subscription Plan unless earlier terminated.
14.2 Termination by Subscriber
You may terminate your subscription at any time by providing 30 days' written notice to billing@got2.care or through the Account Settings panel. Termination takes effect at the end of the current billing period. No refunds are provided for unused portions of prepaid subscription terms.
14.3 Termination by GOT2
GOT2 may terminate or suspend your Account and access to the Service immediately upon written notice if:
• You materially breach this Agreement and fail to cure such breach within 15 days of notice
• You engage in fraudulent, abusive, or illegal activity in connection with the Service
• Continued provision of Service would violate applicable law
• You fail to pay fees due for more than 30 days
14.4 Effect of Termination
Upon termination: (a) all rights granted to you under this Agreement will immediately cease; (b) you must discontinue all use of the Service; (c) you may request a data export within 90 days of termination as described in Section 7.6; (d) GOT2 will handle PHI upon termination in accordance with the BAA; and (e) provisions that by their nature should survive termination (including Sections 7, 8, 10, 11, 12, 13, 15, and 16) will survive.
15. Governing Law and Dispute Resolution
15.1 Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.2 Dispute Resolution
Any dispute arising out of or in connection with this Agreement that cannot be resolved through good-faith negotiation within 30 days will be submitted to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Miami, Florida. The language of arbitration shall be English. The arbitrator's decision shall be final and binding.
15.3 Equitable Relief
Nothing in this Section limits either party's right to seek injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm, including in cases involving breach of confidentiality or intellectual property rights.
16. General Provisions
16.1 Entire Agreement
This Agreement, together with any Order Form, the Privacy Policy, and the Business Associate Agreement (if applicable), constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements, representations, and understandings.
16.2 Amendments
GOT2 may update these Terms from time to time. Material changes will be communicated by email to the registered Account address or by notice within the platform at least 30 days before the effective date. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
16.3 Assignment
You may not assign or transfer this Agreement or any rights or obligations hereunder without GOT2's prior written consent. GOT2 may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets, with notice to you.
16.4 Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
16.5 Waiver
Failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that provision or any other provision.
16.6 Force Majeure
Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, pandemics, government actions, internet or infrastructure outages, or other force majeure events. The affected party will promptly notify the other and use reasonable efforts to mitigate the impact.
16.7 Notices
All legal notices under this Agreement must be in writing and sent to:
KandooIT, LLC — legal@got2.care | support@got2.care
Notices sent to the Subscriber will be sent to the email address on file with the Account.
Contact Us
If you have any questions about these Terms of Service, please contact:
KandooIT, LLC
Website: got2.care | Platform: got2.cloud
Address: 2157 Lakeside Avenue, Davenport, FL 33837
General: support@got2.care
Billing: billing@got2.care
Legal / Privacy: legal@got2.care
Last Updated: April 1, 2025 • Version 2.0