Terms of Service

These Terms of Service ("Terms") govern your use of ClearPractice (the "Service"), a small-business and practice-management application provided by Brian Roettger, an individual doing business as Clear Labs ("we", "us", "our"). By creating an account or continuing to use the Service, you agree to these Terms.

1. Who may use the Service

You must be at least the age of majority in your jurisdiction and legally able to enter into a contract. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.

2. Your account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to keep it up to date. Notify us promptly at support@clearpractice.app if you suspect unauthorized access.

3. Acceptable use

You agree not to:

• use the Service for anything unlawful, fraudulent, or harmful;
• send spam, malware, or infringing content;
• violate anyone's intellectual property or privacy rights;
• interfere with or probe the Service's security, or attempt to access data that is not yours;
• scrape, mirror, or resell the Service without our written permission;
• reverse engineer or circumvent technical limits.

4. Your content

You retain ownership of the client, product, invoice, clinical, and other data you enter ("Your Content"). You grant us a limited, non-exclusive license to host, store, transmit, and process Your Content solely to operate and provide the Service to you.

5. Our intellectual property

The Service, including its software, design, documentation, and branding, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with your plan.

6. Subscriptions, payments, and taxes

Paid plans are sold on a subscription basis (monthly or annual, as selected at checkout). Payments are processed by Braintree, a PayPal service and PCI-compliant payment provider. Card details are entered directly into Braintree's secure fields and are never stored on our servers.

Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You can cancel at any time from the Billing page inside ClearPractice.

Applicable taxes are your responsibility unless we are legally required to collect them. Where we are required to collect tax, it will be added at checkout.

7. Refunds

Refund requests are handled under our Refund Policy.

8. Service availability

We work to keep the Service reliable, but we do not guarantee that it will be uninterrupted, error-free, or secure against every possible threat. Scheduled maintenance and outages may occur.

9. Warranty disclaimer

To the fullest extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of liability

To the fullest extent permitted by law, our aggregate liability arising out of or relating to the Service will not exceed the fees you paid to us in the twelve months preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business interruption. Nothing in these Terms excludes liability that cannot be excluded under applicable law (such as fraud, death, or personal injury caused by negligence).

11. Indemnity

You agree to indemnify and hold us harmless from any claims, damages, and expenses arising out of Your Content, your use of the Service, or your breach of these Terms.

12. Suspension and termination

We may suspend or terminate your access if you materially breach these Terms, if payment fails, if we detect fraud or a security risk, or if we are required to do so by law. You may stop using the Service at any time. After termination we will retain or delete Your Content in accordance with our Privacy Notice; you may request an export within 30 days of termination.

13. Not medical advice

ClearPractice is practice-management software. It does not provide medical, clinical, legal, tax, or financial advice, and it is not a substitute for professional judgement. You are solely responsible for how you use information stored in or produced by the Service in your practice.

14. Changes to the Service or these Terms

We may update the Service and these Terms from time to time. Material changes will be communicated by in-app notice or email. Continued use after changes take effect constitutes acceptance of the updated Terms.

15. Governing law

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-laws principles. You and we agree to the exclusive jurisdiction of the state and federal courts located in California for any dispute arising out of or relating to these Terms.

16. Force majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, labor disputes, or third-party network outages.

17. Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

18. Contact

Brian Roettger, DBA Clear Labs — questions about these Terms: support@clearpractice.app.