These Terms of Service ("Terms") govern your access to and use of ClinicPulse. ClinicPulseos.com (ClinicPulse) is a DBA of RKS GROUP WA PTY LTD ("ClinicPulse," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms.
By accessing the Service, you agree to be bound by these Terms and our Privacy Policy. If you don't agree, don't use the Service. You must be at least 18 years old and authorized to bind the legal entity (clinic, practice, or business) on whose behalf you're using ClinicPulse.
ClinicPulse provides a SaaS platform that includes: AI-powered receptionist (24/7 call answering, web chat, Facebook Messenger, Instagram DM handling, FB Lead Gen handler), patient growth automation (recall workflows, win-back, review automation, refill coordination), and a Practice OS (unified inbox, scheduling, branded portal, Twilio number). The Service is built for independent specialty medical practices and configured per-vertical (GLP-1, IV, HRT, peptides, chiropractic, acupuncture, aesthetics, functional medicine, concierge).
You must provide accurate information when creating your account. You're responsible for keeping your credentials secure and for all activity under your account. ClinicPulse is intended for licensed healthcare professionals operating legally compliant clinics. We reserve the right to refuse, suspend, or terminate service to any practice we cannot verify or that violates these Terms. You agree to notify us immediately of any unauthorized account access at support@clinicpulseos.com.
ClinicPulse is sold as a per-location monthly subscription across three tiers (Starter, Growth, Scale) plus a one-time setup fee per location. Current pricing is published on our pricing page. We may adjust pricing for new customers at any time with notice; existing customers are grandfathered for the duration of their continuous active subscription per the terms in effect at signup. If you cancel and later resubscribe, the then-current pricing applies.
Some features (AI call minutes, SMS volume, premium voice models, certain integration usage) are metered and billed in addition to the base subscription. Overage thresholds and rates are published in your account dashboard. We email you when you cross 80% of any included quota. You can set hard caps in your account to prevent overages from being incurred.
Billing is monthly in advance via Stripe. Subscriptions automatically renew unless canceled before the next billing cycle. The Setup Fee is collected at signup. All amounts are charged in USD. Subscribers outside the United States are responsible for any applicable taxes, customs, or currency conversion fees imposed by their bank or jurisdiction.
Your first month of subscription service is free after the one-time $497 setup fee per location. If, during the first 30 days, ClinicPulse fails to capture at least $497 in attributable missed-call revenue for your clinic, your Setup Fee is refundable in full upon written request via support@clinicpulseos.com. Refunds are processed via Stripe within 7 business days. Full mechanics in our Refund + Cancellation Policy.
Cancellation is fully self-serve from your account dashboard (Billing → Cancel Subscription) and takes effect at the end of the then-current billing period. We don't pro-rate partial months. There is no required phone call, no retention specialist, no contract term that locks you past the current month, and no cancellation fee.
Refund eligibility, multi-location refund logic, what's not refundable, and the mechanics of failed payments are detailed in our Refund + Cancellation Policy, which is incorporated by reference into these Terms.
If you have a billing concern, you must contact support@clinicpulseos.com first. The 30-day performance guarantee (Section 8) and self-serve cancellation (Section 9) cover every legitimate scenario for refund or termination. Filing a chargeback or payment dispute with your bank or card issuer prior to contacting us is a material breach of these Terms. Filing a chargeback voids any pending performance-guarantee refund claim, makes the disputed amount plus the chargeback processing fee immediately due, and may result in immediate account suspension or termination at our discretion.
You may not use the Service for: unsolicited bulk messaging or spam; illegal activity; impersonation of any person or entity; circumventing security features or rate limits; reverse-engineering, decompiling, or extracting source code from the Service; competitive benchmarking with intent to clone; or any activity that violates the rights, privacy, or property of patients, providers, or third parties. We may suspend or terminate accounts that violate this section without refund of subscription fees for the period of the violation.
If you're a HIPAA-covered entity, you must execute a Business Associate Agreement (BAA) with us before transmitting any PHI through the Service. BAAs are available on request via support@clinicpulseos.com. We provide HIPAA-ready infrastructure (encryption at rest and in transit, audit logs on PHI access, BAAs with all sub-processors that touch PHI). You are responsible for your own clinical compliance, scope of practice, prescribing decisions, telehealth licensing in each state where you operate, and treatment outcomes. ClinicPulse is not a covered medical device and does not provide medical advice, diagnostic services, or clinical decision support.
Where a BAA is in place, we handle PHI as a Business Associate per HIPAA. We encrypt PHI at rest with AES-256 and in transit with TLS 1.3, maintain audit logs of every PHI access, restrict production access to authorized personnel under signed confidentiality agreements, and conduct annual penetration tests. PHI is excluded from any LLM training pipeline (see Section 16). You retain ownership of all patient data and may export it on request. On account termination, you have a 90-day post-cancellation export window before we delete or anonymize per our retention policy.
Our AI Receptionist is configured to comply with the Telephone Consumer Protection Act (TCPA) and equivalent state laws (e.g., Florida Telephone Solicitation Act, Washington COSA). Every AI-initiated outbound call opens with the disclosure required by FCC rules. You are responsible for ensuring you have appropriate consent from each End User to be contacted via the channels you enable (voice, SMS, email, web), for adhering to do-not-call list requirements in your state, and for honoring opt-outs immediately. Sending unsolicited bulk SMS through the Service is grounds for termination under Section 12.
We use a mix of vendor LLMs (e.g., OpenAI, Anthropic) and our own configurations to power AI features. Your patient conversations are not used to train external models. We have enabled enterprise privacy controls with our LLM vendors that exclude your data from their training pipelines. For HIPAA customers, BAAs are in place with all sub-processors handling PHI. The AI Receptionist is configured to triage, qualify, and route, not to diagnose or practice medicine. All clinical decisions remain yours and your providers'. We disclose the use of AI to End Users at the start of every AI-handled interaction.
We engage trusted sub-processors to deliver the Service: Twilio (telephony, SMS), Stripe (payments), AWS (hosting), OpenAI / Anthropic (LLM inference), Google Cloud (analytics, where applicable), and others as listed in our Privacy Policy. All sub-processors that handle PHI have BAAs in place. We may add or change sub-processors with 30 days' notice via email. You're responsible for any third-party integrations you enable (Zapier, your PMS, your email marketing tool); only the data you configure to flow flows.
You own your patient data. We process it on your behalf solely to deliver and improve the Service. We don't sell, rent, or trade your patient data. We don't share it with advertisers. On termination, we provide a machine-readable data export within the 90-day post-cancellation export window; after that, we may delete or anonymize per our retention policy and applicable law. See our Privacy Policy for full detail.
ClinicPulse, including all software, designs, AI configurations, scripts, content, trademarks, and documentation, is owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service during your active subscription. You retain ownership of your patient data, branding, and any content you input into the Service. You grant us a limited license to use your branding and content solely to operate and improve the Service for you.
Each party agrees to protect the other's Confidential Information disclosed in the course of using the Service with at least the same degree of care it uses to protect its own confidential information of a similar nature, and not less than reasonable care. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without confidentiality obligations.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We don't guarantee specific business outcomes, revenue lifts, patient acquisition rates, or retention numbers. See our Earnings Disclaimer for full context. Specific dollar figures cited in marketing materials are illustrative, not guarantees.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS IS LIMITED TO THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM. WE'RE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST PATIENTS, OR LOST DATA, EVEN IF WE WERE ADVISED OF THE POSSIBILITY. Some jurisdictions don't allow the exclusion of certain damages, so some of these limitations may not apply to you.
You agree to indemnify, defend, and hold us, our officers, directors, employees, and sub-processors harmless from claims, damages, losses, and expenses (including reasonable legal fees) arising from: your misuse of the Service; your breach of these Terms; your violation of patient, End User, or third-party rights; your clinical decisions and treatment outcomes; your unsolicited communications via the Service; or any content you submit through the Service.
These Terms are effective on the date you create your account and continue until terminated. You may terminate at any time per Section 9. We may terminate or suspend immediately for: fraudulent activity; payment failure beyond the 7-day grace period; chargebacks (Section 11); violations of acceptable use (Section 12); or material breach of these Terms with 30 days' written notice if not cured. On termination, your access to the Service ceases, but Sections 11, 18, 19, 20, 21, 22, 23, and 27 survive.
We may modify the Service at any time, including adding, removing, or changing features. We may update these Terms from time to time. Material changes will be communicated by email at least 30 days before taking effect. Continued use after changes take effect constitutes acceptance.
Neither party is liable for delays or failures in performance caused by events beyond reasonable control, including acts of nature, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failure, or third-party sub-processor outages. The affected party will use reasonable efforts to resume performance promptly.
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. Disputes will first be addressed through good-faith email negotiation between you and support@clinicpulseos.com. If unresolved within 30 days, disputes will be resolved through binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) under the ACICA Rules, with the seat in Sydney. You may also bring individual small-claims-court actions within your jurisdiction where permitted. You agree to waive any right to a class action or class arbitration.
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. These Terms, together with our Privacy Policy, Refund Policy, Earnings Disclaimer, and any executed BAA, constitute the entire agreement between you and ClinicPulse and supersede prior agreements regarding the Service.
You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations to a successor in interest as part of a merger, acquisition, or sale of substantially all our assets, on notice to you.
Notices to you may be sent via email to the address on your account, or in-app. Notices to us must be sent to support@clinicpulseos.com. Questions about these Terms? Email support@clinicpulseos.com. We respond within one business day.