Terms of Use

DEYENAMICS TERMS OF USE

BY USING ANY OF DEYENAMICS SERVICES, YOU ARE AGREEING TO THESE TERMS OF USE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. 

In these terms of use (“Terms of Use”), “DeyeNAMICS”, “we”, “us” and “our” means and refers to DeyeNAMICS, LLC, a Delaware limited liability company doing business as DeyeNAMICS™, and  its related companies, divisions, managers, directors, officers, employees and agents, and “you” or “your” means and refers to (i) you as a visitor at any subdomain of www.deyenamics.com, including but not limited to, www.app.deyenamics.com (collectively, the “Website”) or as a user of any of the other DeyeNAMICS Services or of any web address (URL) that points or provides a link to the Website, and (ii) any person who has notice of these Terms of Use. 

“DeyeNAMICS Services” or “Services” collectively means the Website and all resources, information, content, tools, features, user accounts, portals, e-commerce platforms, payment processing applications, software, software documentation, products, services, and functionality contained in or provided through the Website or the systems, servers, and networks used to make the DeyeNAMICS Services available. 

“Provider” means the business organization (e.g., the business entity consisting of registered healthcare specialists, professionals and providers) using or accessing Deyenamics Services, and “Provider End User” means each individual employee or agent authorized by a specific Provider to access certain Deyenamics Services on the Provider’s behalf.

The Services are presently available solely to Providers that are members of the DeyeNAMICS Alliance (each, a “Member”). However, we reserve the right, in our sole discretion, to authorize a Provider who is not a Member of the DeyeNAMICS Alliance to access or use some or all the Services (a “Non-Member”).

These Terms of Use govern your access to, and use of, the Website and other Services. 

These Terms of Use are in addition to, and do not override, the terms and conditions that apply to your purchase and/or use of any products, services, information, software, or other Services that we offer. Those terms and conditions can be found where the relevant Service is offered on the Website and are incorporated into these Terms of Use by reference.  For the avoidance of doubt, your rights, obligations, and remedies with respect to such purchase or use will be governed by such other terms and conditions, and if there is any conflict between these Terms of Use and such other terms and conditions, such other terms and conditions will apply to your purchase or use of such Service.

These Terms of Use do not override any applicable legal requirements relating to the collection, transfer, and use of your personal or proprietary information, and they are in addition to our Privacy Policy that governs the Website and Other Services. 

These Terms of Use apply to subdomains of www.deyenamics.com. They do not replace or supersede the Terms of Use that apply to www.deyenamics.com.

USE OF THE SERVICES AND ACCEPTANCE OF TERMS:

Please carefully review these Terms of Use and the terms of our Privacy Policy (as described below) that applies to the Services before using the Website or other Services. These Terms of Use contain important information regarding your legal rights, remedies and obligations. They include various limitations and exclusions. By purchasing or using our Services, you agree to be bound by and acknowledge your acceptance of these Terms of Use and the Privacy Policy. 

By accessing, or using the Website, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations.

If you do not agree to these Terms of Use, or if you do not agree with our Privacy Policy, you may not use the Website or any Services offered through the Website. By accessing, browsing, submitting information to, purchasing goods or otherwise using the Website or Services, you acknowledge and agree to be bound to these Terms of Use. 

From time to time, we may update these Terms of Use. For significant changes, we will notify you by posting a prominent notice on our Website indicating at the bottom of the Terms of Use when it was most recently updated. As such, we encourage you to please check the Terms of Use periodically for material changes. You agree to be bound by all the provisions of these Terms of Use that are displayed on the Website on the date you use the Website. Your continued use of the Services indicates your acceptance of all of the provisions of these Terms of Use that are displayed on the Website on the date of such use. 

ADDITIONAL TERMS AND CONDITIONS FOR USE OF SERVICES:

  1. Providers. Access to the Website and other Services is presently limited to Members of the DeyeNAMICS Alliance. A Provider becomes a Member by entering into and executing a DeyeNAMICS services agreement (“Services Agreement”) and maintains membership by complying with the Services Agreement, which includes paying recurring services fees. The purchase or use of certain Services may be conditioned upon the Member’s execution of a subscription agreement that is specific to that Service. If a separate subscription agreement is required, this condition will be stated where the relevant Service is offered on the Website. If we decide to offer a Service to Non-Members, with or without payment of a charge, then we will note the terms and conditions of such Service where the Service is offered on the Website.  The Website and other Services may be used solely for informational purposes in the conduct of the Provider’s own practice and may not be re-sold, re-licensed, or used for any other purpose. 
  2. Provider End Users. Before using and accessing the Website and other Services on behalf of, or at the direction of a Provider, each Provider End User first needs to enter into and execute a Provider End User License Agreement (“Provider EULA”) that governs the Provider Ender User’s use of the Service and binds the Provider End User to covenants of confidentiality and limitations on use.  
  3. Children. The Website and other Services are not intended for children under the age of 18. If you are under 18 years of age, please do not use or access the Website or other Services at any time or in any manner without the consent of a parent or guardian. By using the Website or other Services, you affirm that you are over the age of 18. We do not seek, through the Website or any of the other Services, any personal information from or about persons under the age of 18 without the consent of a parent or guardian.

USER ACCOUNTS AND SECURITY:

To access and use certain Services, a Provider End User must register with us to open an account (“Account”). You shall provide us with accurate, complete, and updated Account information. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your Account. You agree that you will not (i) select or use the email address of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; (iii) use an email address that we, in our sole discretion, deems inappropriate or offensive; or (iv) breach any representation, warranty or promise made by you in these Terms of Use regarding your Account. These Terms of Use and the Privacy Notice apply to your Account and your use of the Website and the other Services.

RESTRICTIONS ON USE:

You acknowledge that the Website, the other Services, any underlying technology used in connection with the Website and/or the Services, and all software, material, information, graphics, audio, video, photos, and other data (the “Content”) available on the Website or through the other Services provided by us, our licensors, or our approved third-party providers are copyrighted works. Except as may otherwise be specifically provided in these Terms of Use you may not use, copy, distribute, republish, upload, post or transmit any Content without our prior written consent. Modification of the Content for any purpose may violate our, our licensor’s, or our third-party provider’s intellectual property rights. The Content on the Website and the other Services is provided for lawful purposes only.

SECURITY MEASURES:

We have taken reasonable and appropriate steps and have employed industry-standard practices and technology to ensure the integrity and confidentiality of personally identifiable information, but because even the most secure computer system can be violated, we cannot guarantee absolute security. Please keep in mind that whenever you voluntarily disclose information about yourself in the public domain, it is likely to be collected and used by third parties. These third parties may use your information to contact you or for unauthorized purposes. Also, please remember that no one can guarantee the absolute security of information that is transmitted electronically.

OBLIGATIONS OF WEBSITE VISITORS AND USERS OF OUR SERVICES:

You agree not to do any of the following while visiting or using the Website or any Services that are provided by or offered on or through the Website: 

  • Restrict or inhibit any other user from using and enjoying the Website or other Services; 
  • Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are our employee or representative; 
  • Post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity; 
  • Post or transmit comments containing harassing or offensive language or engage in disruptive

activities online; 

  • Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component; 
  • Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters” or any other form of solicitation on the Website or through the Website or other Services; 
  • Post, upload or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other intellectual property and/or proprietary rights; 
  • Post or transmit material that encourages or provides instructional information about illegal

activities, in particular hacking, cracking or distribution of counterfeit software;  

  • Solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
  • Violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority; 
  • Access or use password protected, secure or non-public areas of the Website or other Services without authorization; 
  • Frame, repackage, or otherwise redistribute any portion of the Website or other Services; or 
  • Use the Website or any other Services to collect personally identifying information about users of the Website or the Services or conduct any activity in violation of our Privacy Policy. 

Unless otherwise agreed to, we may terminate your access to the Website, your account and/or the Services at any time for any reason or no reason, including, but not limited to, as a result of your violation or threatened violation of any of the obligations described above, in our sole and absolute discretion.  We will not be liable to you or any third party as a result of such termination. The terms and conditions provided in these Terms of Use will survive any such termination.

THIRD PARTY WEBSITES AND INFORMATION:

The Website and certain of the Services may contain links to external sites. We are not responsible for, and have no control over, the content of any such third party owned external sites. You understand that we cannot and do not guarantee or warrant that the services provided through third party websites linked to the Website or other Services will be free of infection, viruses, worms, Trojan horses or other code or defects that contain or incorporate contaminating or destructive properties. Links to other websites do not imply an endorsement of the materials, products, content, or ideas displayed on, or disseminated at or through those websites, nor does the existence of a link to the Website imply that the organization or person publishing at that website endorses any of our materials or ideas. 

PRIVACY POLICY:

Our policies concerning the use of your personal information are set forth in our Privacy Policy available at: https://app.deyenamics.com/privacy. The terms of the Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in the Privacy Policy.  By using the Website or purchasing or using any products or other Services provided through the Website, you agree to waive and release us from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of the Privacy Policy.

INDEMNIFICATION:

You will indemnify and hold us and our managers, members, officers, agents, partners, and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any Content that you submit, post to, email, or otherwise transmit through the Website and/or other Services, including claims of infringement by third parties, your use of the Website and/or the other Services, or your breach of these Terms of Use or any applicable terms and conditions.

TERMINATION:

You may discontinue your participation in and access to the Website or other Services at any time. You acknowledge and agree that unless we otherwise agree in writing, we may terminate or block your use of all or part of the Website and/or the other Services, or your account without prior notice and for any reason or no reason at all.  You agree that upon termination or discontinuance for any reason, that unless we otherwise agree in writing, we may delete all information related to you on the Services and may bar your access to the Website, your account and/or your use of the Services.

INTELLECTUAL PROPERTY:

The Website and other Services and relevant Content of the Website and other Services is protected by copyright, trademark and other laws of the United States. We and/or our licensors exclusively own all right, title and interest in and to the Website, the other Services, all Content, and all associated intellectual property rights. All trademarks, service marks, and logos referenced or appearing on the Website and Services are the property of the respective owners. The Content displayed on the Website and other Services, including but not limited to, all designs, photographs, graphics, videos and other imagery, may not be used, copied, downloaded, republished, reproduced, adapted, modified, distributed, licensed, sold, transferred, transmitted, streamed, broadcasted or otherwise exploited without our prior express written permission. Our names, trademarks, service marks, and logos that appear on the Website and other Services may not be used in any manner or for any purpose without our prior express written permission.                                          

All materials contained on the Website are copyrighted materials of Deyenamics, LLC. © 2026. All rights reserved. 

DMCA AGENT POLICY:

We respect the intellectual property rights of others and require that the people who use the Website and/or other Services do the same. If you believe that your work appears on the Website or any of our other Services and has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. 

Deyenamics, LLC

Attn: Deyenamics DMCA Agent 

Address: PO Box 6066 Louisville, KY 40257

Email:  privacy@deyenamics.com

Phone: 888-240-1165

REPEAT INFRINGER POLICY:

In accordance with the DMCA, trademark and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, any individual users of the Services who are deemed to be repeat infringers. Also, at our sole discretion, we may limit access to or terminate the Services of any individuals who infringe any intellectual property rights of others, whether or not there is any repeated infringement. 

WARRANTY DISCLAIMER:

THE CONTENT AND MATERIAL ON THE WEBSITE AND/OR THE OTHER SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE WEBSITE OR THE SERVICES AT ANY TIME.  THE WEBSITE AND THE OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE OTHER SERVICES WILL ALWAYS BE AVAILABLE FOR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, THE OTHER SERVICE,S AND ALL CONTENT OFFERED THROUGH THE WEBSITE AND THE OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES OR REQUESTS WILL BE DELIVERED OR RECEIVED, OR THAT THE WEBSITE, THE OTHER SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF THE WEBSITE OR THE OTHER SERVICES ON THE WEBSITE RELATED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

LIMITATION OF LIABILITY:

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, STOLEN INFORMATION OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, THE OTHER SERVICES, ANY WEBSITES LINKED TO THE WEBSITE, THE CONTENT OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR THE CONTENT, OR SERVICES OFFERED ON THE WEBSITE OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, THE OTHER SERVICES, OR ANY CONTENT OFFERED THROUGH THE WEBSITE OR THE OTHER SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THE WEBSITE OR THE OTHER SERVICES.
TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
EXCLUDING CLAIMS RELATED TO SPECIFIC SERVICES AS DISCUSSED FURTHER BELOW, OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION RELATED TO THE WEBSITE AND THE OTHER SERVICES, THE CONTENT ON THE WEBSITE OR YOUR ACCESS OR USE OF THE WEBSITE, THE OTHER SERVICES, OR THE CONTENT OFFERED THROUGH THE WEBSITE WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO THE CLAIM, DURING THE TWELVE-MONTH PERIOD PRECEEDING THE EVENT GIVING RISE TO THE CLAIM.

IF THIS LIMITATION OF LIABILITY PROVISION CONFLICTS WITH THE WRITTEN TERMS AND CONDITIONS THAT APPLY TO A SPECIFIC SERVICE, THE WRITTEN TERMS AND CONDITIONS THAT APPLY TO SUCH SPECIFIC SERVICE SHALL CONTROL WITH RESPECT TO SUCH SPECIFIC SERVICE ONLY.

GOVERNING LAW; VENUE; JURISDICTION:

These Terms of Use will be governed and interpreted in accordance with the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law. Notwithstanding the forgoing, if you qualify as a European Consumer and have your habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

If any party institutes a lawsuit or other action or proceeding pertaining to these Terms of Use, any right or obligation of any party hereunder, or any breach of these Terms of Use, then the sole and exclusive venue and jurisdiction for filing and maintaining any such lawsuit or other action or proceeding shall be submitted to the court of competent jurisdiction within the state of Delaware and each party waives the right to institute or maintain any such suit, action or proceeding in any other courts or forums whatsoever. Notwithstanding the forgoing, the forgoing venue provisions may not apply to any Website or Service users that qualify as European Consumers, nor to consumers based in Switzerland, Norway or Iceland.

To the extent allowed by law, by using the Website or any of the other Services, you consent and submit yourself to the personal jurisdiction of the courts of Delaware. You agree that in the event of a breach by you of any provision of these Terms of Use, we shall be entitled to seek and obtain injunctive or other equitable relief, or both, in each case without the requirement to post any bond or other form of security, and without such act constituting an election of remedies or disentitling us to each and every remedy available at law or in equity for a breach of these Terms of Use by you. These Terms of Use, together with any applicable terms and conditions that apply to the purchase or use of a Service and the Privacy Policy constitute the entire agreement between the parties relating to the use of the Website and the other Services.  

SEVERABILITY; WAIVER: 

  1. US Website Guests. If any provision of these Terms of Use is found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law or equity, the remaining provisions of these Terms of Use that can be given effect without such void or unenforceable term or provision, shall be given full effect and binding on the parties. Our failure to enforce strict performance of any provision of these Terms of Use, or to penalize any violation of these Terms of Use, does not constitute a waiver of future violations. 
  2. EU Website Guests. If any provision of these Terms of Use is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms of Use shall not nullify the entire Terms of Use unless the severed provisions are essential to the Terms of Use, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

QUESTIONS:

For questions regarding these Terms of Use – please contact:

Address: PO Box 6066 Louisville, KY 40257

Email: privacy@app.deyenamics.com

LAST UPDATED: February 15, 2026