Last updated: January 15, 2025
These Terms of Service ("Terms") govern your access to and use of the OptimalGap platform ("Service") operated by OptimalGap ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.
If you are entering into these Terms on behalf of a medical practice, clinic, or other entity, you represent that you have the authority to bind that entity to these Terms.
OptimalGap provides a clinical triage and patient education platform for functional medicine practitioners. The Service includes:
Important: OptimalGap is a technology platform, not a medical service. We do not provide medical advice, diagnoses, or treatment recommendations. All clinical content displayed to patients is configured by and the responsibility of the Practitioner.
To use OptimalGap, you must:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.
You are solely responsible for:
Disclaimer: OptimalGap does not verify the clinical accuracy of your configured ranges or content. You warrant that all clinical information you provide is accurate, evidence-based, and within your scope of practice.
You are responsible for ensuring your use of OptimalGap complies with:
OptimalGap facilitates lead generation and patient education, but does not create a doctor-patient relationship between us and your patients. The doctor-patient relationship exists solely between you and your patients.
Current pricing is available on our website. We reserve the right to modify pricing with 30 days' notice to existing subscribers.
90-Day Money-Back Guarantee: If you do not add at least 3 new patients attributable to OptimalGap within 90 days of your go-live date, we will refund 100% of your Clinical Brain Mapping fee and all monthly subscription fees paid during that period. No questions asked.
To request a refund under this guarantee, email support@optimalgap.com within 90 days of your go-live date.
After the initial 90-day guarantee period, your subscription continues on a month-to-month basis until cancelled.
Upon cancellation:
OptimalGap owns all rights to the Service, including but not limited to:
You retain ownership of:
You grant us a limited license to use your content solely to provide the Service.
If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use such feedback without restriction or compensation.
You own all data you input into OptimalGap and all patient lead data collected through your instance.
You may request a full export of your data at any time. We will provide exports in standard formats (JSON, CSV) within 5 business days.
Upon cancellation, you have 30 days to export your data. After this period, all data will be permanently deleted except as required by law.
You agree NOT to:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
We do not warrant that the Service will be uninterrupted, error-free, or completely secure.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
You agree to indemnify, defend, and hold harmless OptimalGap and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time. We will provide 30 days' notice before any material changes that negatively affect your use.
Both parties agree to keep confidential any proprietary information disclosed during the course of this agreement. This includes but is not limited to:
Before filing any formal legal action, you agree to contact us at legal@optimalgap.com to attempt informal resolution. We'll respond within 10 business days.
Any dispute not resolved informally shall be resolved by binding arbitration under the rules of the American Arbitration Association. Arbitration shall take place in [Your State/City]. Each party shall bear their own costs.
You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, consolidated action, or representative action.
These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and OptimalGap regarding the Service.
If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.
Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.
We may provide notices to you via email to the address on your account. You may provide notices to us at legal@optimalgap.com.
We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the new Terms.
For questions about these Terms: