Terms of Service

1. Acceptance of Terms

By accessing or using ClinicPulse ("the Service"), available at clinicpulse.app, you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a clinic, practice, or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and the entity.

If you do not agree to these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and ClinicPulse.

2. Description of Service

ClinicPulse is a health and nutrition management platform designed for clinics and healthcare practitioners. The Service provides:

• Patient management and health record tracking tools
• Nutrition plan creation and dietary management
• AI-assisted meal planning and menu generation
• AI medical assistant for clinical research and decision support
• Health metrics tracking and progress visualization
• Digital health tracking and compliance monitoring
• Practitioner and clinic profile management
• Food database and nutritional analysis tools

We may update, modify, or discontinue features of the Service at any time. We will provide reasonable notice for any material changes that significantly affect your use of the Service.

3. Account Registration

To access most features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Keep your login credentials confidential and not share them with unauthorized individuals
• Notify us immediately of any unauthorized use of your account or any security breach
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or remain inactive for an extended period. Clinic administrators are responsible for managing user access within their organization and ensuring that all authorized users comply with these Terms.

4. Subscription Plans and Billing

ClinicPulse offers the following subscription plans:

4.1 Free Trial

Paid plans include a 14-day free trial. No credit card is required to start a trial. At the end of the trial period, you will be prompted to select a paid plan or your account will revert to the Free plan with its associated limitations.

4.2 Billing and Payment

Paid subscriptions are billed monthly in advance. By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis. All fees are quoted in U.S. dollars and are non-refundable except as expressly stated in these Terms or as required by applicable law.

4.3 Plan Changes and Cancellation

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of the billing cycle. Downgrades take effect at the start of the next billing cycle. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period, and you will retain access until that time.

4.4 Price Changes

We reserve the right to change our pricing with at least 30 days' advance written notice. Price changes will apply to the next billing cycle after the notice period. If you do not agree to a price change, you may cancel your subscription before it takes effect.

5. Healthcare Disclaimer

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Enter patient data without proper authorization or consent
• Share login credentials or allow unauthorized access to the platform
• Attempt to gain unauthorized access to any portion of the Service, other accounts, or any systems or networks connected to the Service
• Use automated scripts, bots, or other means to access or scrape the Service without our express written permission
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
• Upload or transmit viruses, malware, or any other malicious code
• Use the AI features to generate content that is misleading, harmful, or intended to deceive patients or other healthcare professionals
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or commercially redistribute access to the Service without our written consent
• Use the Service in any manner that could damage, disable, overburden, or impair the Service

We reserve the right to investigate and take appropriate action against violations, including suspending or terminating your account without notice.

7. Your Data

7.1 Data Ownership

You retain ownership of all data you submit, upload, or create through the Service ("Your Data"). This includes, but is not limited to, patient records, nutrition plans, meal plans, clinic information, and practitioner profiles. By using the Service, you grant ClinicPulse a limited, non-exclusive license to process, store, and display Your Data solely for the purpose of providing the Service to you.

7.2 Patient Data Responsibilities

As a healthcare practitioner or clinic, you are responsible for:

• Obtaining all necessary consents and authorizations before entering patient data into the platform
• Ensuring the accuracy and completeness of patient data you submit
• Managing access to patient data within your organization through the platform's role-based access controls
• Complying with all applicable laws regarding the collection, storage, and use of patient health information
• Responding to patient requests regarding their data (access, correction, deletion) in accordance with applicable law

7.3 Data Export and Portability

You may export Your Data at any time through the platform's data export features. Upon account termination, you will have a 90-day period to export Your Data. After this period, Your Data will be permanently deleted from our systems, subject to any legal retention requirements.

8. HIPAA and Compliance

8.1 Business Associate Agreement

A Business Associate Agreement (BAA) is available for organizations on the Enterprise plan ($499/mo). The BAA defines the specific responsibilities of ClinicPulse as a business associate with respect to Protected Health Information (PHI). If you require a BAA for your use of the Service, you must subscribe to the Enterprise plan and execute the BAA prior to entering any PHI into the platform. Contact support@clinicpulse.app for details.

8.2 Other Regulatory Compliance

Depending on your jurisdiction and practice, you may be subject to additional regulations beyond HIPAA (e.g., state privacy laws, GDPR, or other international data protection regulations). You are responsible for understanding and complying with all regulations applicable to your practice and your use of the Service.

9. Data Security

We implement industry-standard security measures to protect Your Data, including:

• AES-256 encryption for data at rest
• TLS 1.2+ encryption for data in transit
• Role-based access controls (RBAC)
• Comprehensive audit logging
• Regular penetration testing and vulnerability assessments
• Infrastructure hosted on SOC 2 Type II compliant platforms
• Automated backup and disaster recovery procedures

While we employ commercially reasonable measures to protect Your Data, no system is completely secure. We cannot guarantee absolute security and are not liable for any unauthorized access resulting from circumstances beyond our reasonable control, including but not limited to your failure to safeguard your login credentials.

10. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide reasonable advance notice when possible)
• Unscheduled emergency maintenance to address security issues or critical bugs
• Third-party service outages (cloud hosting, payment processors, etc.)
• Force majeure events (natural disasters, widespread internet outages, etc.)

We are not liable for any loss or damage resulting from Service unavailability. You are responsible for maintaining independent backup access to critical patient information and should not rely on the Service as your sole repository for essential health records.

11. AI Features Disclaimer

ClinicPulse offers AI-powered features, including but not limited to the AI medical assistant, AI-assisted meal planning, and nutrition analysis tools. By using these features, you acknowledge and agree that:

• AI outputs are not medical advice: All AI-generated content, including research summaries, meal suggestions, nutritional analyses, and clinical decision support information, is provided for informational purposes only and must be reviewed and validated by a qualified healthcare professional before being applied in clinical practice.
• AI may produce inaccurate results: AI systems can generate incorrect, incomplete, or outdated information. You must independently verify all AI outputs before relying on them for patient care or clinical decisions.
• Professional judgment is required: AI features are designed to assist, not replace, professional healthcare judgment. You remain fully responsible for all clinical decisions.
• AI features may change: We may update, modify, or discontinue AI features at any time to improve accuracy, address safety concerns, or comply with regulatory requirements.
• Data usage: AI queries that reference patient data are processed in accordance with our Privacy Policy. We do not use identifiable patient health data to train general-purpose AI models.

12. Intellectual Property

The Service, including its design, text, graphics, interfaces, code, software, and all other elements ("ClinicPulse Content"), is owned by or licensed to ClinicPulse and is protected by intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any ClinicPulse Content without our prior written consent.

You retain all intellectual property rights in Your Data. We do not claim ownership of any content you create, upload, or manage through the Service.

"ClinicPulse," the ClinicPulse logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ClinicPulse. You may not use these marks without our prior written permission.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLINICPULSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or data corruption
• Loss of goodwill or reputation
• Cost of procurement of substitute goods or services
• Any damages arising from clinical decisions made based on information provided through the Service
• Any damages arising from unauthorized access to or alteration of your data

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CLINICPULSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO CLINICPULSE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLINICPULSE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING AI-GENERATED CONTENT
• WARRANTIES THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS

YOU ACKNOWLEDGE THAT CLINICPULSE IS A MANAGEMENT TOOL AND DOES NOT PROVIDE MEDICAL ADVICE. NO INFORMATION OBTAINED THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

15. Termination

You may terminate your account at any time through your account settings or by contacting support@clinicpulse.app. We may suspend or terminate your access to the Service at any time, with or without cause, upon reasonable notice. We may terminate immediately without notice if:

• You materially breach these Terms
• You fail to pay applicable fees after notice and a reasonable cure period
• We are required to do so by law or regulatory authority
• Your use of the Service poses a security risk to the platform or other users

Upon termination:

• Your right to access and use the Service will cease immediately
• You will have a 90-day period to export Your Data (including patient records and nutrition plans)
• After the 90-day export period, Your Data will be permanently deleted, subject to legal retention requirements
• Any outstanding fees remain due and payable
• Provisions that by their nature should survive termination (such as limitation of liability, disclaimers, and intellectual property) will continue in effect

16. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Post the updated Terms on this page with a revised "Last updated" date
• Notify you by email or through an in-app notification at least 30 days before the changes take effect
• For changes affecting HIPAA-related provisions or data handling, provide at least 60 days' advance notice

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and terminate your account.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of such courts.

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least 30 days. If a resolution cannot be reached, either party may pursue their legal remedies.

18. Contact Us

If you have any questions or concerns about these Terms, please contact us: