Terms of Service

1. Agreement to Terms

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

2. Description of Service

ClearMarker is an operational decision-support tool for chiropractic, rehabilitation, and wellness clinics. The Service processes exported clinic data (scheduling, visit, and patient records) to surface operational patterns such as patient drop-off, provider follow-through, cancellation clusters, and compliance gaps.

ClearMarker onboards each clinic directly, from the waitlist.

3. Eligibility

You must be at least 18 years old and authorized to act on behalf of the clinic or business entity you represent. By using the Service, you represent that you have the authority to bind that entity to these Terms.

4. User Responsibilities

You agree to: provide accurate information during onboarding; ensure you have appropriate authorization to share clinic data with the Service; comply with all applicable laws, including healthcare privacy regulations (e.g., HIPAA) as they apply to your use; not attempt to reverse-engineer, copy, or redistribute any part of the Service; and not use the Service for any unlawful purpose.

5. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of data as described in that policy.

You retain ownership of all clinic data you provide to the Service. We process your data solely to deliver the Service and do not sell, rent, or share your data with third parties for marketing purposes. Where your use of the Service involves Protected Health Information, we will enter into a Business Associate Agreement (BAA) with your clinic.

6. Intellectual Property

All content, features, and functionality of the Service — including but not limited to software, text, graphics, and design — are owned by ClearMarker and protected by intellectual property laws. You may not copy, modify, or distribute any part of the Service without our written consent.

7. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

ClearMarker is a decision-support tool, not a medical device. It does not provide clinical advice, diagnoses, or treatment recommendations. All clinical decisions remain the responsibility of licensed practitioners.

8. Limitation of Liability

To the fullest extent permitted by law, ClearMarker shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, even if we have been advised of the possibility of such damages.

9. Changes to Terms

We may update these Terms from time to time. We will notify active customers of material changes via email. Your continued use of the Service after changes constitutes acceptance of the revised Terms.

10. Termination

Either party may terminate the service arrangement at any time. Upon cancellation, we prorate and refund unused prepaid amounts, including during the first three months. Upon termination, your access to the Service will be revoked and we will delete or return your data within 30 days, in accordance with our data retention policy.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles.

12. Contact

For questions about these Terms, contact us at legal@clearmarker.io.