Terms of Service

1. Agreement to Terms

By accessing or using Optimal Range ("the Platform"), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access the Platform.

2. Description of Service

Optimal Range is a health management platform that enables healthcare practitioners to manage client health data, including blood work results, supplement protocols, nutrition plans, and lifestyle recommendations. The Platform provides tools for practitioners to track client progress and communicate health plans.

3. User Accounts

3.1 Practitioner Accounts

Practitioners must be licensed or certified health professionals in their respective jurisdictions. By creating a practitioner account, you represent that you have the appropriate qualifications and licenses to provide health guidance to clients.

3.2 Client Accounts

Client accounts are created by practitioners on behalf of their clients. Clients must be at least 18 years of age or have parental/guardian consent to use the Platform.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

4. Practitioner Responsibilities

As a practitioner using the Platform, you agree to:

• Maintain appropriate professional licenses and certifications
• Obtain proper informed consent from clients before entering their health data
• Ensure all health recommendations are within your scope of practice
• Protect client data and maintain confidentiality
• Comply with all applicable healthcare regulations in your jurisdiction
• Not use the Platform as a substitute for proper medical diagnosis or emergency care

5. Health Information Disclaimer

The Platform is not intended to provide medical advice, diagnosis, or treatment. All health information, supplement recommendations, and wellness protocols provided through the Platform are for informational and educational purposes only. Users should always consult with qualified healthcare providers for medical advice.

The Platform does not replace the relationship between you and your healthcare provider. In case of medical emergency, contact emergency services immediately.

6. Data, Privacy and Health Information Consent

Your use of the Platform is also governed by our Privacy Policy. By using the Platform, you consent to the collection and use of information as described therein.

6.1 Consent to Health Information Processing

By using the Platform:

• Practitioners consent to collecting and processing client health information in accordance with applicable data protection and privacy laws in their jurisdiction
• Clients consent to their practitioner entering and managing their health data for the purpose of providing health services
• All users understand that health data is sensitive information that will be handled with appropriate security and confidentiality
• Practitioners acknowledge they are responsible for ensuring compliance with healthcare and privacy regulations applicable in their jurisdiction (e.g., Privacy Act 1988 for Australian practitioners, GDPR for EU practitioners, HIPAA for US practitioners)

6.2 Data Ownership

Client health data remains the property of the client. Practitioners are granted a license to access and manage this data solely for the purpose of providing health services. Upon

7. Regulatory Compliance and Healthcare Regulations

7.1 Practitioner Compliance Responsibility

IMPORTANT: Optimal Range is a software tool that enables healthcare practitioners to manage client health information. You, the practitioner, are solely responsible for ensuring your use of the Platform complies with all applicable healthcare regulations, privacy laws, and professional standards in your jurisdiction.

This includes, but is not limited to:

• HIPAA (United States): If you are a covered entity or business associate under HIPAA, you are responsible for ensuring your use of the Platform complies with HIPAA requirements
• Australian Privacy Principles: Australian practitioners must comply with the Privacy Act 1988 and healthcare record retention requirements
• GDPR (European Union/UK): EU and UK practitioners must ensure compliance with GDPR requirements
• Professional Standards: Compliance with your professional licensing board requirements (e.g., AHPRA for Australian practitioners, GMC for UK practitioners)
• Local Regulations: Any other applicable healthcare, privacy, or data protection regulations in your jurisdiction

7.2 HIPAA Disclaimer (United States)

The Platform is not HIPAA-compliant by default. If you are a covered entity or business associate under HIPAA (e.g., licensed healthcare provider, medical practice), you should NOT use the Platform to store Protected Health Information (PHI) unless:

1. You have contacted us to discuss our HIPAA-compliant tier, OR
2. You have obtained written confirmation from us that HIPAA compliance features are enabled for your account, AND
3. You have executed a Business Associate Agreement (BAA) with Optimal Range

Without a BAA, HIPAA-covered practitioners should not use this Platform. Health coaches, nutritionists, and wellness consultants who are NOT covered entities under HIPAA may use the Platform without restriction.

To inquire about HIPAA-compliant service, contact: hipaa@optimalrange.app

7.3 Platform Security Features

While we are not HIPAA-certified, the Platform implements security best practices including:

• End-to-end encryption (TLS/SSL) for data in transit
• Encryption at rest for all stored data
• Role-based access controls (practitioners can only access their own clients)
• Secure authentication and password hashing
• Regular security updates and monitoring
• Audit logging for critical events (data exports, deletions)

These features support compliance with many privacy regulations globally, including the Australian Privacy Act, GDPR, and PIPEDA.

7.4 No Legal or Compliance Advice

We do not provide legal, compliance, or regulatory advice. You should consult with your own legal counsel or compliance advisor to determine:

• Whether you are subject to HIPAA, GDPR, or other regulations
• What specific obligations you have under applicable laws
• Whether the Platform is appropriate for your use case
• What additional safeguards you may need to implement

8. Prohibited Uses

termination of the practitioner-client relationship, clients retain all rights to their health records.

6.3 Data Access and Portability Rights

In accordance with Australian privacy law, clients have the right to:

• Access their complete health records at any time through the Platform
• Request a copy of their data in a portable format (PDF or CSV)
• Request corrections to inaccurate information
• Request deletion of their data (subject to practitioner's legal record-keeping obligations under healthcare regulations)

These rights comply with Australian Privacy Principles 12 and 13.

7. Subscription and Payments

Practitioner accounts require a paid subscription. Subscription fees are billed monthly or annually based on your selected plan. All fees are non-refundable unless otherwise specified. We reserve the right to modify pricing with 30 days notice.

8. Intellectual Property

The Platform, including its original content, features, and functionality, is owned by Optimal Range and is protected by international copyright, trademark, and other intellectual property laws.

9. Limitation of Liability

To the maximum extent permitted by Australian law, Optimal Range shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, resulting from your use or inability to use the Platform.

We are not liable for any health outcomes resulting from the use of information or recommendations provided through the Platform. Practitioners are solely responsible for the advice they provide to their clients.

10. Indemnification

You agree to indemnify and hold harmless Optimal Range, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Platform or violation of these Terms.

11. Termination

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Platform will immediately cease.

11.1 Data Upon Termination

Upon account termination:

• Practitioners: Client data will be available for export for 30 days. After 30 days, data will be deleted or de-identified (subject to legal record-keeping requirements applicable in your jurisdiction, typically 7 years for healthcare records)
• Clients: Health records remain accessible if the practitioner account is still active. If both parties terminate, data follows practitioner retention requirements for legal compliance

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or through the Platform. Your continued use of the Platform after such modifications constitutes acceptance of the updated Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable laws. Practitioners are responsible for ensuring compliance with healthcare and privacy regulations applicable in their jurisdiction, including but not limited to:

• Australia: Privacy Act 1988, Health Records Acts (state-specific)
• European Union: GDPR (General Data Protection Regulation)
• United States: HIPAA (Health Insurance Portability and Accountability Act)
• Canada: PIPEDA (Personal Information Protection and Electronic Documents Act)

13.1 Dispute Resolution Process

In the event of any dispute arising from these Terms or use of the Platform:

1. Parties agree to first attempt resolution through good faith negotiation
2. If unresolved within 30 days, either party may pursue mediation through an agreed mediator
3. If mediation fails, either party may pursue legal proceedings in the courts of the applicable jurisdiction

14. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@optimalrange.app