Terms of Service

1. Acceptance of Terms

By accessing or using ClinicGuard (“the Service”), operated by ClinicGuard Inc. (“we,” “us,” or “our”), you agree to be bound by these Terms of Service. If you do not agree, you may not use the Service.

2. Description of Service

ClinicGuard is a HIPAA compliance assessment and document-generation tool designed for small US dental, medical, and allied-health practices. The Service provides automated compliance gap analysis, risk scoring, remediation guidance, downloadable HIPAA document templates pre-filled with your clinic's business profile, and a compliance deadline calendar.

Important Disclaimer: ClinicGuard is a software tool and does not constitute legal advice. We are not a law firm, and use of the Service does not create an attorney-client relationship. You should consult a qualified HIPAA attorney for legal guidance specific to your practice.

3. Account Registration

To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Subscription Plans and Payment

• Free Plan: One compliance assessment with score and critical gap list, view-only calendar, and four essential document templates.
• Starter Plan — Monthly ($49/month): Unlimited assessments with step-by-step fix instructions for every gap, all 10 HIPAA document templates, calendar with custom events and email reminders.
• Starter Plan — Annual ($499/year, equivalent to $41/month): Same features as Starter Monthly, billed yearly with an $89 discount (15% off).

Payments are processed by Creem, our merchant of record. By subscribing, you also agree to Creem's terms of service.

Automatic Renewal — Please Read Carefully

By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis (monthly for the Starter Monthly plan, or annually for the Starter Annual plan) at the then-current price for that plan, until you cancel.

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. For annual subscriptions, we will send a renewal-reminder email at least 15 days before each renewal so you have time to review or cancel. If we change the price of your plan, we will notify you by email at least 30 days before the change takes effect.

You may cancel at any time from your account Settings or by emailing support@clinicguard.net. Cancellation takes effect at the end of your current paid period; no further charges will occur after cancellation.

5. Cancellation and Refunds

You may cancel your subscription at any time from your account Settings. Upon cancellation, you retain access to paid features until the end of your current billing period. We do not offer pro-rated refunds for partial billing periods.

Paid subscriptions are non-refundable except for billing errors, duplicate charges, or charges made after cancellation. The Free Plan is available for evaluating the Service before subscribing.

Full details — including how to request a billing-error refund and processing times — are in our Refund Policy.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulations.
• Attempt to gain unauthorized access to any part of the Service or its related systems.
• Share your account credentials with unauthorized individuals.
• Upload malicious code, viruses, or any harmful content.
• Resell, redistribute, or sublicense the Service without prior written consent.

7. Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, and software, are the exclusive property of ClinicGuard Inc. and are protected by copyright, trademark, and other intellectual property laws.

8. Your Content and Data

You retain all ownership rights to the content you provide to the Service, including your clinic profile information, assessment answers, and the Gap Reports and downloaded documents generated for you. ClinicGuard does not claim ownership over your content.

You grant us a limited, non-exclusive, royalty-free license to process your content solely to operate, maintain, and improve the Service. We will not use your content to train AI or machine-learning models, sell it to third parties, or share it with anyone other than the subprocessors listed in our Privacy Policy.

9. Data Backup & Service Availability

While we maintain regular backups of the Service for our own operational continuity, you are responsible for keeping your own copies of any documents you generate or data you input. We recommend downloading your Gap Reports and document templates promptly after generation.

The Service is provided on an “as available” basis. We aim for high uptime but do not provide a formal uptime SLA on the Free or Starter plans. Scheduled maintenance windows will be announced in advance whenever possible.

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. We take the security of your data seriously and implement industry-standard measures to protect it.

11. Limitation of Liability

To the maximum extent permitted by law, ClinicGuard Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the Service.

The Service is provided on an “as is” and “as available” basis. We do not guarantee that compliance assessments will prevent regulatory action, fines, or penalties. You are ultimately responsible for your clinic's HIPAA compliance.

12. Indemnification

You agree to indemnify, defend, and hold harmless ClinicGuard Inc. and its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses arising from your use of the Service or violation of these Terms.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a notice within the Service at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in California.

15. Contact Us

If you have questions about these Terms, please contact us at support@clinicguard.net.