Terms & Conditions

Effective date:

Jun 23, 2024

TERMS OF SERVICE

Clear Health LLC
Effective Date: January 1, 2025

1. ACCEPTANCE AND MODIFICATIONS

By accessing or using ClearDesk services ("Services"), you agree to these Terms of Service. Clear Health LLC ("Company") reserves the right to modify these terms at any time with 30 days notice posted on our website. Continued use constitutes acceptance of modifications.

2. AI SERVICE DISCLAIMERS AND LIMITATIONS

2.1 AI Performance Limitations ClearDesk's AI receptionists are sophisticated but not infallible. Company makes no warranties regarding:

  • Accuracy of AI responses or call handling decisions

  • Perfect understanding of all caller requests or accents

  • 100% uptime or availability

  • Compatibility with all phone systems or integrations

2.2 Healthcare-Specific Disclaimers AI Services are administrative tools only and do not:

  • Provide medical advice, diagnosis, or treatment

  • Replace human clinical judgment

  • Constitute medical devices or clinical decision support systems

  • Handle emergency medical situations (customers must maintain 911 protocols)

2.3 Website Information Accuracy While we strive for accuracy, information on our website including statistics, case studies, and feature descriptions:

  • May contain estimates or projections based on limited data sets

  • Should not be relied upon as guarantees of specific business outcomes

  • May reflect beta features or planned functionality not yet available

  • Are subject to change without notice

3. DATA HANDLING AND PRIVACY

3.1 Call Recording and Processing

  • All calls processed through Services may be recorded and analyzed by AI systems

  • Recordings are used for service delivery, AI training, and quality improvement

  • Call data is encrypted and stored securely with appropriate retention policies

  • Customers are responsible for complying with applicable call recording laws and obtaining necessary consents

3.2 Data Security and Compliance Company implements industry-standard security measures including:

  • End-to-end encryption for data transmission and storage

  • Regular security audits and monitoring

  • HIPAA-compliant infrastructure for healthcare customers

  • SOC 2 compliance protocols

3.3 Customer Responsibilities Customers must:

  • Inform callers about AI interaction and recording as required by law

  • Comply with applicable privacy regulations (HIPAA, GDPR, CCPA, etc.)

  • Maintain proper consent mechanisms for call recording

  • Ensure they have authority to use our Services with their caller data

4. PROHIBITED USES AND COMPLIANCE

4.1 Restricted Activities Services may not be used for:

  • Emergency medical calls or situations requiring immediate human intervention

  • Providing medical advice or clinical decision-making

  • Illegal activities or violation of applicable laws

  • Harassment, fraud, or malicious communications

  • Unauthorized access attempts or security testing

  • Processing of sensitive financial data without proper safeguards

4.2 Regulatory Compliance Customers are solely responsible for:

  • Compliance with telecommunications regulations (TCPA, robocall laws)

  • Healthcare privacy laws and professional licensing requirements

  • International data protection regulations in their jurisdiction

  • Business licensing and operational compliance

5. INTELLECTUAL PROPERTY

5.1 Company Rights All AI technology, algorithms, software, and proprietary methods remain Company's exclusive property. Customers receive only a limited license to use Services during their subscription.

5.2 Customer Data Customers retain ownership of their business data and call content. Company receives only necessary rights to process data for service delivery and AI improvement using de-identified information.

6. LIABILITY LIMITATIONS

6.1 Service Availability SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.2 Limitation of Damages
IN NO EVENT SHALL COMPANY BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES

  • LOST PROFITS, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM

  • DAMAGES EXCEEDING THE AMOUNT PAID BY CUSTOMER IN THE PRECEDING 12 MONTHS

  • THIRD-PARTY CLAIMS ARISING FROM CUSTOMER'S USE OF SERVICES

6.3 Healthcare Liability Company is not liable for any clinical decisions, patient care issues, or healthcare outcomes. Customers retain full responsibility for all medical and professional services provided to their patients.

7. INDEMNIFICATION

Customer agrees to indemnify and hold harmless Company from claims arising from:

  • Customer's violation of these Terms or applicable laws

  • Breach of professional licensing or healthcare requirements

  • Unauthorized use of Services or data privacy violations

  • Third-party claims related to Customer's business operations

  • Failure to obtain proper consents for call recording or AI interaction

8. FORCE MAJEURE AND SERVICE INTERRUPTIONS

Company is not liable for service interruptions due to:

  • Acts of God, natural disasters, or government actions

  • Third-party telecommunications failures

  • Internet outages or infrastructure issues beyond Company's control

  • Cyberattacks, system failures, or security incidents

  • Customer's own IT infrastructure problems

9. TERMINATION

9.1 Termination Rights Either party may terminate with notice. Company may suspend or terminate Services immediately for:

  • Violation of these Terms or prohibited use

  • Non-compliance with applicable laws

  • Activities that pose security or legal risks

  • Loss of required business licenses

9.2 Data Retention Upon termination, Customer has 90 days to export data before secure deletion. Healthcare customers may request extended retention for compliance purposes.

10. DISPUTE RESOLUTION

10.1 Governing Law These Terms are governed by Delaware law. Disputes must be resolved through binding arbitration under AAA Commercial Rules, with proceedings in New York, NY.

10.2 Class Action Waiver Customer waives rights to participate in class actions or jury trials. Each party bears its own legal costs except for frivolous claims.

11. GENERAL PROVISIONS

11.1 Entire Agreement These Terms constitute the entire agreement between parties regarding Services, superseding all prior agreements.

11.2 Severability If any provision is unenforceable, remaining provisions continue in full effect.

11.3 Assignment Customer may not assign rights without written consent. Company may assign to affiliates or in connection with business transfers.

12. CONTACT INFORMATION

For questions regarding these Terms:

  • Email: legal@cleardesk.app

  • Address: Clear Health LLC, [Business Address]

  • Support: Available through customer dashboard

Last Updated: January 1, 2025

These Terms are binding upon acceptance of Services and remain in effect during Customer's use of ClearDesk platform.