Terms of Service

Effective Date: April 26, 2026  |  Last Updated: May 16, 2026

1. Acceptance of Terms

By creating an account, accessing, or using the EligiVue platform and related services (collectively, the "Service") available at eligivue.com, you ("Customer," "you," "your") agree to be bound by these Terms of Service ("Terms") with EligiVue LLC ("EligiVue," "we," "us," "our"). If you are accepting these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

These Terms, together with our Privacy Policy and any applicable Business Associate Agreement ("BAA"), constitute the entire agreement between you and EligiVue regarding your use of the Service.

2. Description of Service

EligiVue is a web-based vision insurance eligibility verification platform designed for optometry and optical practices. The Service enables Customers to:

  • Submit real-time eligibility verification requests to vision insurance provider and plan administrator portals supported by the Service from time to time (currently including, for example, VSP, EyeMed, Spectera, and MetLife Vision plans accessed via the VSP portal)
  • Receive and review patient benefit and coverage information
  • Manage verification history, batch lookups, and team workflows
  • Access reporting and analytics on verification activity
  • Generate patient-facing PreCheck links that allow patients to submit their own eligibility information for staff review

The Service is web-based and accessed through a standard web browser. No mobile application is currently offered.

EligiVue is a tool to assist practices with eligibility verification. The Service does not provide medical advice, insurance counseling, or claims processing. While EligiVue PreCheck enables patients to submit their own information, verification results are not shared with patients — they are available only to authorized practice staff.

3. Eligibility and Account Registration
3.1 Eligibility

The Service is available exclusively to licensed optometry and optical practices operating in the United States. All account users must be at least 18 years of age. The Service is a business-to-business platform. While patients may interact with certain features (such as EligiVue PreCheck, which allows patients to submit their eligibility information at the direction of their practice), subscription accounts and administrative access are limited to licensed healthcare practices.

3.2 Registration

To use the Service, you must create an account by providing accurate, complete, and current information, including:

  • Practice name and address
  • Contact name and email address
  • National Provider Identifier (NPI) and other applicable identifiers
  • Payment information

You agree to update your account information promptly if it changes.

3.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activity that occurs under your account
  • Ensuring that only authorized individuals within your practice access the Service
  • Notifying us immediately at legal@eligivue.com if you suspect unauthorized access to your account

EligiVue is not liable for any loss or damage arising from unauthorized use of your account where you have failed to maintain adequate credential security.

3.4 Authorized Users

You may grant access to the Service to employees and authorized staff members of your practice ("Authorized Users"). You are responsible for ensuring that all Authorized Users comply with these Terms. Actions taken by your Authorized Users are attributed to your account, and you bear responsibility for their compliance.

4. Subscription and Billing
4.1 Subscription Plans
PlanMonthly PriceAnnual Price
Practice$149/month$1,639/year
Practice Plus$199/month$2,189/year

Annual plans reflect an 11-month rate (one month free) compared to the monthly billing option.

Additional fees may apply for add-on users and locations beyond what is included in your plan. Current add-on pricing is available on your account settings page or by contacting support@eligivue.com.

Plan features and pricing are subject to change. We will provide at least 30 days' notice before any price increase takes effect for existing Customers.

4.2 Billing Cycle

Subscriptions are billed on a month-to-month or annual basis, depending on the plan selected. Billing begins on the date of account activation and recurs on the same date each billing cycle.

4.3 Payment

All payments are processed through Stripe. By subscribing, you authorize EligiVue and Stripe to charge the payment method on file for all applicable fees. You are responsible for maintaining a valid payment method.

4.4 Auto-Renewal

Subscriptions automatically renew at the end of each billing cycle (monthly or annually) at the then-current rate unless canceled in accordance with Section 4.5.

4.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting legal@eligivue.com. Upon cancellation:

  • Your subscription will remain active through the end of the current paid billing period.
  • No partial refunds will be issued for unused time within a billing period.
  • You will retain access to the Service until the end of the paid period.
  • After the paid period ends, your account will be deactivated. See Section 14 (Effect of Termination) for data handling.
4.6 Failed Payments

If a payment fails, we will attempt to process it again and notify you. If payment remains unsuccessful after 10 days, we reserve the right to suspend access to the Service until the balance is resolved. Continued failure to pay may result in termination under Section 13.

4.7 Taxes

Stated prices do not include applicable taxes. You are responsible for all applicable sales, use, or similar taxes arising from your use of the Service, excluding taxes based on EligiVue's net income.

5. Permitted Use

The Service is provided solely for use by licensed healthcare practices to perform vision insurance eligibility verifications in the ordinary course of their clinical and business operations. You agree to use the Service only for its intended purpose and in compliance with all applicable laws and regulations, including HIPAA.

6. Prohibited Use

You agree not to, and will ensure your Authorized Users do not:

  • Misuse credentials: Share, sell, transfer, or disclose your login credentials or carrier portal credentials stored within the Service to any unauthorized third party.
  • Scrape or harvest data: Use automated scripts, bots, crawlers, or any similar technology to extract data from the Service.
  • Reverse engineer: Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Service or any component thereof.
  • Exceed rate limits: Submit verification requests at a volume or frequency that exceeds reasonable use or any rate limits established by EligiVue or the insurance carrier portals.
  • Circumvent security: Attempt to bypass, disable, or interfere with any security features, access controls, or usage limits of the Service.
  • Unauthorized or prohibited use: Use the Service for any purpose that is unlawful, fraudulent, or in violation of any applicable law or regulation.
  • Unauthorized access: Access or attempt to access accounts, data, or systems that you are not authorized to use.
  • Interfere with the Service: Introduce malware, viruses, or any code designed to disrupt, damage, or impair the operation of the Service.
  • Resell the Service: Sublicense, resell, lease, or otherwise commercially distribute access to the Service to third parties without EligiVue's prior written consent.
  • Misrepresent affiliation: Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
  • Submit false information: Knowingly submit inaccurate, misleading, or fabricated patient or practice information.

Violation of any prohibited use may result in immediate suspension or termination of your account without notice.

7. Intellectual Property
7.1 EligiVue's Intellectual Property

The Service, including its software, user interface, design, documentation, logos, trademarks, and all underlying technology, is the exclusive property of EligiVue and is protected by applicable intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your active subscription solely for the purposes described in Section 5.

You may not copy, modify, distribute, create derivative works from, publicly display, or otherwise exploit any part of the Service without EligiVue's prior written consent.

7.2 Feedback

If Customer or any Authorized User provides suggestions, ideas, enhancement requests, recommendations, corrections, workflow proposals, design input, or other feedback relating to the Service ("Feedback"), Customer hereby grants, and will cause its Authorized Users to grant, to EligiVue LLC a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable and transferable right and license to use, reproduce, modify, create derivative works of, distribute, commercialize, and incorporate the Feedback into the Service, EligiVue Materials, or any other products or services, without restriction and without any obligation of attribution, accounting, or compensation to Customer or its Authorized Users. No Feedback will be deemed confidential information of Customer, and Customer waives any moral rights it may have in Feedback to the extent permitted by applicable law.

7.3 Proprietary Rights; Restrictions on Use

The Service, and all software, workflows, user interfaces, designs, documentation, non-public reports, templates, screenshots, training materials, and other non-public materials related to the Service, excluding Customer Data and PHI governed by Section 8, Section 9, and the BAA (collectively, the "EligiVue Materials"), are the proprietary property of EligiVue LLC and are protected by applicable intellectual property and other laws. Customer is granted only the limited license described in Section 7.1 for Customer's own internal practice operations.

In addition to the restrictions in Section 6 (Prohibited Use), Customer will not, and will not permit any Authorized User or third party to:

  • copy, reproduce, modify, translate, or create derivative works of the Service or any EligiVue Materials, except as expressly permitted under Section 7.1;
  • reverse engineer, decompile, disassemble, scrape, monitor, probe, or otherwise attempt to derive or observe the source code, structure, sequence, organization, workflows, models, prompts, heuristics, or underlying methods of the Service (this clause supplements and does not limit the corresponding prohibitions in Section 6);
  • use the Service, any EligiVue Materials, or any non-public Service output, screenshot, documentation, report template, workflow, product design, or other non-public information about the Service, excluding Customer Data and PHI governed by Section 8, Section 9, and the BAA, to build, train, benchmark, evaluate, assist, or improve any product or service that competes with or is substantially similar to the Service;
  • disclose or share any non-public EligiVue Materials with outside developers, vendors, contractors, competitors, or other third parties for the purpose of copying, evaluating, recreating, training, or competing with the Service;
  • access or use the Service for competitive analysis or benchmarking, or for any purpose other than Customer's authorized internal use under these Terms;
  • remove, obscure, or alter any proprietary notices, trademarks, or attributions appearing on or within the Service or EligiVue Materials, or misrepresent the origin or ownership of any EligiVue Materials.

Customer acknowledges that the EligiVue Materials embody substantial proprietary investment and contain trade secrets and confidential information of EligiVue LLC. Any unauthorized use described in this Section is a material breach of these Terms and entitles EligiVue LLC to pursue all available legal remedies, including injunctive relief, in addition to any other rights or remedies available at law or in equity.

Nothing in this Section is intended to operate as a restraint on Customer's general right to engage in any lawful trade, business, or profession; the restrictions in this Section apply solely to Customer's use of the Service and the EligiVue Materials.

7.4 Reservation of Rights

All rights, title, and interest in and to the Service and the EligiVue Materials not expressly granted to Customer under these Terms are reserved by EligiVue LLC. No license or other right is granted by implication, estoppel, or otherwise. EligiVue LLC's rights under these Terms are in addition to, and not in lieu of, any rights it has under applicable copyright, trademark, trade secret, patent, or other laws.

8. Data Ownership and Portability
8.1 Customer Data Ownership

You retain all right, title, and interest in the data you submit to the Service ("Customer Data"), including patient PHI, practice information, and verification records. EligiVue does not claim ownership of Customer Data.

8.2 License to Customer Data

You grant EligiVue a limited license to use, store, process, and transmit Customer Data solely as necessary to provide the Service, comply with applicable law, and fulfill our obligations under the BAA.

8.3 Data Export

You may request an export of your Customer Data at any time by contacting legal@eligivue.com or through any export functionality made available in the Service. We will provide the data in a standard, machine-readable format (such as CSV or JSON) within 30 days of receiving the request, unless a shorter or longer period is required or permitted by applicable law.

8.4 Data Upon Termination

See Section 14 (Effect of Termination) for details on data handling after account termination.

9. HIPAA Compliance
9.1 Business Associate Relationship

EligiVue acknowledges that, in providing the Service, it may create, receive, maintain, or transmit Protected Health Information ("PHI") on behalf of Customers who are Covered Entities or Business Associates under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA").

9.2 Business Associate Agreement

For HIPAA-regulated customer use, EligiVue provides a Business Associate Agreement ("BAA") governing the permitted uses and disclosures of PHI, security obligations, breach notification procedures, and related matters. Customer use of the Service with Protected Health Information is subject to completion of required contracting steps.

9.3 Conflict

To the extent of any conflict between these Terms and an applicable Business Associate Agreement between the parties, the Business Associate Agreement will control solely with respect to Protected Health Information and HIPAA-related obligations.

9.4 Customer Responsibilities

As a Covered Entity (or Business Associate), you are responsible for:

  • Providing any notices and obtaining any consents or authorizations required by applicable law in connection with your use of the Service and submission of Customer Data, including Protected Health Information
  • Ensuring that your use of the Service complies with HIPAA and all applicable state and federal privacy laws
  • Maintaining appropriate internal policies and training for your Authorized Users regarding PHI handling
10. Disclaimers
10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, ELIGIVUE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

10.2 No Guarantee of Accuracy

Eligibility verification results are obtained from third-party insurance carrier portals and are presented to you as received. EligiVue does not guarantee the accuracy, completeness, timeliness, or reliability of any verification results. Carrier systems may contain errors, experience outages, or return outdated information.

10.3 Not a Substitute for Professional Judgment

The Service is a verification tool intended to assist healthcare practices. It is not a substitute for professional judgment, direct communication with insurance carriers, or independent verification of patient eligibility. You are solely responsible for clinical, billing, and business decisions made using information obtained through the Service.

10.4 Availability

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted, error-free, or secure access. The Service may be temporarily unavailable due to scheduled maintenance, carrier system outages, or circumstances beyond our control.

11. Limitation of Liability
11.1 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELIGIVUE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ELIGIVUE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.2 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELIGIVUE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR USE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ELIGIVUE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Exceptions

Nothing in this Section 11 shall limit liability for: (a) EligiVue's obligations under the BAA with respect to PHI breaches, (b) fraud or willful misconduct, or (c) any liability that cannot be excluded or limited under applicable law.

11.4 Essential Basis

The limitations of liability in this Section 11 are a fundamental element of the basis of the bargain between you and EligiVue. The Service would not be provided without such limitations.

12. Indemnification
12.1 Your Indemnification of EligiVue

You agree to indemnify, defend, and hold harmless EligiVue, its officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service in violation of these Terms
  • Your violation of any applicable law or regulation, including HIPAA
  • Your Authorized Users' actions or omissions
  • Any dispute between you and a patient, carrier, or third party arising from your use of verification results
  • Any inaccurate, misleading, or unauthorized data you submit through the Service
12.2 EligiVue's Indemnification of Customer

EligiVue agrees to indemnify, defend, and hold harmless Customer from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • EligiVue's material breach of the BAA
  • EligiVue's gross negligence or willful misconduct in handling Customer Data
  • Any third-party intellectual property infringement claim arising solely from the Customer's permitted use of the Service
12.3 Procedure

The indemnified party shall: (a) promptly notify the indemnifying party of any claim, (b) grant the indemnifying party sole control of the defense and settlement (provided that no settlement may impose obligations on the indemnified party without its consent), and (c) provide reasonable cooperation at the indemnifying party's expense.

13. Termination
13.1 Termination by Customer

You may terminate your account at any time through your account settings or by contacting legal@eligivue.com. Termination will take effect at the end of the current paid billing period.

13.2 Termination by EligiVue

EligiVue may terminate your account:

  • With notice: By providing at least 30 days' written notice for any reason or no reason.
  • Immediately for cause: Without prior notice if you materially breach these Terms, including but not limited to: violation of prohibited uses (Section 6), non-payment (Section 4.6), violation of HIPAA obligations, or any use that threatens the security or integrity of the Service or other Customers' data.

In the event of termination by EligiVue with notice under this Section, EligiVue will provide commercially reasonable cooperation to facilitate Customer's transition, including honoring any pending data export requests submitted before the termination effective date.

13.3 Suspension

EligiVue may suspend your access to the Service immediately if we reasonably believe: (a) your account has been compromised, (b) continued access poses a security risk, or (c) suspension is required by law or a carrier partner. We will notify you promptly and restore access once the issue is resolved.

14. Effect of Termination

Upon termination of your account, regardless of the reason:

14.1 Access

Your access to the Service will be revoked at the end of the termination effective date. All Authorized Users will be logged out and credentials will be deactivated.

14.2 Data Export

You will have 30 days from the termination effective date to request an export of your Customer Data. We will provide the export in a standard, machine-readable format within 30 days of receiving the request.

14.3 Data Deletion

Following the data export period (or immediately upon your written request to waive the export period), we will securely delete your Customer Data from our active systems within 30 days. To the extent deletion is not feasible for data maintained solely within encrypted backup media created in the ordinary course of business, we will continue to protect such information and will delete it in accordance with our standard backup rotation schedule, and will not restore or use such information except as required for disaster recovery, legal obligation, or documented security purposes.

To the extent Customer Data includes Protected Health Information, the parties' Business Associate Agreement controls the retention, return, destruction, use, and disclosure of such information in the event of any conflict with these Terms.

14.4 Surviving Provisions

The following sections survive termination of these Terms: Section 7 (Intellectual Property, including Sections 7.1 through 7.4), Section 8.1 (Customer Data Ownership), Section 9 (HIPAA Compliance, to the extent required by the BAA), Section 10 (Disclaimers), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 15 (Governing Law), Section 16 (Dispute Resolution), and Section 17 (General Provisions).

14.5 Outstanding Payments

Termination does not relieve you of the obligation to pay any fees accrued prior to termination.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal action arising under these Terms that is not subject to arbitration under Section 16 shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction and venue of such courts.

16. Dispute Resolution
16.1 Good Faith Negotiation

Before initiating any formal dispute resolution proceedings, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") through good faith negotiation. Either party may initiate this process by sending written notice describing the Dispute to the other party. The parties shall negotiate in good faith for a period of at least 30 days from receipt of such notice.

16.2 Binding Arbitration

If a Dispute is not resolved through negotiation within 30 days, either party may submit the Dispute to binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator in the State of California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm, including but not limited to claims involving intellectual property infringement, unauthorized access, or breach of confidentiality obligations.

16.4 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AGREE NOT TO BRING OR PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.

16.5 Costs

Each party shall bear its own costs and attorneys' fees in connection with any arbitration, unless the arbitrator determines that the claims of one party were frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

17. General Provisions
17.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17.2 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by the waiving party.

17.3 Entire Agreement

These Terms, together with the Privacy Policy, BAA, and any order forms or addenda executed between the parties, constitute the entire agreement between you and EligiVue regarding the Service and supersede all prior and contemporaneous agreements, proposals, and communications, whether oral or written.

17.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without EligiVue's prior written consent. EligiVue may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and assigns.

17.5 Notices

All legal notices under these Terms must be in writing and sent: (a) to the email address associated with your account, in the case of notices to you; and (b) to legal@eligivue.com and, if required by applicable law or requested by EligiVue, to EligiVue LLC at 1255 Landsburn Circle, Westlake Village, CA 91361, in the case of notices to EligiVue. Notices sent by email will be deemed given when transmitted, provided the sender does not receive an automated notice of delivery failure. Notices sent by courier or certified mail will be deemed given on confirmed delivery.

17.6 Force Majeure

EligiVue shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, carrier system outages, cyberattacks, pandemics, or labor disputes.

17.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and EligiVue. Neither party has the authority to bind the other or to incur obligations on the other's behalf.

17.8 Third-Party Beneficiaries

These Terms do not confer any rights or remedies on any third party, except as expressly stated herein.

17.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

18. Contact Information

For questions about these Terms, your account, or the Service, contact us:

EligiVue LLC
1255 Landsburn Circle, Westlake Village, CA 91361
General inquiries: support@eligivue.com
Legal notices: legal@eligivue.com
Website: eligivue.com

These Terms of Service are effective as of April 26, 2026.

EligiVue LLC — Instant Clarity. Total Benefits.

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