Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you (“Customer”) and ClinicPulse Pty Ltd (“ClinicPulse,” “we,” “us”), an Australian proprietary limited company. By accessing or using the ClinicPulse platform, completing setup, or using the AI Receptionist and Patient Growth Suite services, you accept these Terms.

If you do not agree, do not use the Service. If you are entering on behalf of a clinic, practice, or other entity, you represent that you have authority to bind that entity.

ClinicPulse is a software-as-a-service platform that provides AI Receptionist (calls, web chat, Facebook Messenger, Instagram DM, FB Lead Gen ad responses), Patient Growth Suite (recall, reactivation, reviews, win-back workflows), and Practice OS (CRM, calendar, conversations, branded portal) tooling configured for independent specialty clinics.

The Service is delivered through our infrastructure and may include third-party providers including but not limited to Stripe (billing), Twilio (telephony + SMS), Vercel (hosting), Supabase (data), and third-party AI providers. We retain the right to modify the Service stack with reasonable notice for material changes.

You must be at least 18 years old and legally able to enter contracts. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

The Service is intended for licensed clinical practitioners, owner- operators of healthcare-adjacent businesses, and their authorized staff. You represent that you hold any licenses, registrations, or permits required to operate your practice in your jurisdiction.

ClinicPulse offers three subscription tiers, each billed per location:

• Starter — USD $497 / month / location
• Growth — USD $897 / month / location
• Scale — USD $1,497 / month / location

A one-time setup fee of USD $497 per location is charged at the time of signup. The setup fee covers your specialty Blueprint configuration, Twilio number provisioning, AI script customization, branded portal setup, and a founder-led onboarding call.

Prices are in US Dollars and exclude applicable sales tax, GST, or VAT, which will be calculated and added at checkout via Stripe Tax.

In addition to the subscription fee, the following usage-based charges apply across all tiers and are billed at near-cost passthrough:

• AI voice calls: USD $0.12 per minute (rounded up to the minute)
• AI text + chat messages: USD $0.02 per message
• SMS (US/Canada inbound + outbound): USD $0.02 per message
• Email: USD $10 per 10,000 emails sent

Usage is metered in our systems and billed monthly. Detailed usage reports are available in your portal.

Subscriptions are billed monthly via Stripe in advance. Usage charges for the prior month are billed in arrears alongside the next monthly subscription charge.

By providing a payment method, you authorize ClinicPulse to charge that method for all amounts due under these Terms. Subscriptions automatically renew each month until canceled.

New customers receive their first month of subscription service free of charge after paying the setup fee. Card information is collected at signup; the first monthly subscription charge occurs on day 31.

30-Day Performance Guarantee: If, during the first 30 days, ClinicPulse has not captured at least USD $497 in missed-call or other recoverable revenue for your clinic — measured by call logs in your portal — you may request a full refund of your setup fee by contacting support@clinicpulseos.com within 30 days of activation. After 30 days, the setup fee is non-refundable.

You may cancel your subscription at any time from your portal, starting at the end of the free first month. Cancellation takes effect at the end of the then-current billing period; we do not pro-rate partial months.

We do not offer refunds for monthly subscription periods already paid, except where required by law or under the 30-Day Performance Guarantee in Section 7.

You agree not to use the Service to:

• Engage in cold outbound to non-existing-patient phone lists in violation of the FCC's one-to-one consent rule or any state-level AI calling laws
• Send unsolicited messages, spam, or phishing content
• Violate the Telephone Consumer Protection Act (TCPA) or analogous state laws including but not limited to California ADM, Florida written-consent rule, Virginia SB 1339, or Texas SB 140
• Practice medicine outside the scope of your license, or use the Service to deliver controlled-substance prescriptions in violation of state or federal law
• Reverse engineer, scrape, or attempt to extract our proprietary AI scripts, workflows, or specialty Blueprints
• Use the Service in any way that interferes with other customers' access

We may suspend or terminate accounts violating this section without refund.

ClinicPulse is built on HIPAA-ready infrastructure but is not automatically a Business Associate of every customer. If your clinic is a HIPAA Covered Entity and protected health information (PHI) will flow through the Service, you must request and execute a Business Associate Agreement (BAA) with ClinicPulse before transmitting PHI.

Without a signed BAA in place, you agree not to use the Service to process PHI as defined under HIPAA.

You are solely responsible for clinical decisions, prescribing, diagnosis, and treatment. The Service's AI components are designed to triage and route, not to provide medical advice. You are responsible for the clinical accuracy of any scripts you authorize us to deploy.

You acknowledge that AI-generated voice communications are considered “artificial” under the Telephone Consumer Protection Act (TCPA) and require prior express consent and upfront AI disclosure on each call.

ClinicPulse's AI Receptionist is configured by default to provide upfront AI disclosure. You agree not to disable or modify this disclosure without independent legal advice. You are responsible for ensuring you have valid consent before any outbound AI call is initiated to a phone number, and for compliance with state-specific AI disclosure laws including California ADM, Florida, Virginia, and Texas requirements.

ClinicPulse owns all rights, title, and interest in the Service, including specialty Blueprints, AI scripts, workflows, source code, design system, and any improvements or feedback you provide. We grant you a non-exclusive, non-transferable, revocable license to use the Service during your subscription term.

You retain all rights to your customer data, patient records, and content you upload. You grant us a limited license to host, process, and display this data solely for the purpose of providing the Service.

We will provide a reasonable export of your customer data — contacts, conversation history, calendar events, call logs — upon written request within 30 days of cancellation. Export formats are CSV or JSON. Data is retained for 90 days post-cancellation, then deleted.

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the AI will respond correctly to every patient inquiry, capture every missed call, or recover any specific revenue amount beyond what is committed under the 30-Day Performance Guarantee in Section 7.

To the maximum extent permitted by law, ClinicPulse's total aggregate liability under these Terms shall not exceed the amounts you paid to ClinicPulse in the 12 months preceding the claim. We shall not be liable for indirect, incidental, consequential, special, or punitive damages, lost profits, or lost data.

You agree to indemnify and hold harmless ClinicPulse, its officers, and employees from claims arising out of: (a) your violation of these Terms; (b) your violation of TCPA, HIPAA, or other applicable law; (c) clinical decisions or medical advice you provide; and (d) third-party claims related to your use of the Service.

You may terminate your subscription at any time per Section 8. We may terminate or suspend your account for material breach of these Terms, non-payment, or violation of acceptable use, with notice via email to your account address.

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of laws principles. For claims by US customers, this governing law clause does not deprive you of any mandatory consumer protections under your state of residence.

Any dispute arising under these Terms shall first be addressed through good-faith negotiation. If unresolved within 30 days, the dispute shall be resolved by binding arbitration administered by an internationally recognized arbitration body, with arbitration seated in Sydney, Australia. Either party may seek injunctive relief in courts of competent jurisdiction for IP infringement or confidentiality breach.

For US-domiciled customers, you may opt out of binding arbitration by notifying us in writing within 30 days of accepting these Terms.

We may update these Terms with at least 30 days' notice via email or in-app notification. Continued use after the effective date constitutes acceptance.

ClinicPulse Pty Ltd
Email: legal@clinicpulseos.com
Support: support@clinicpulseos.com