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Last Updated: January 2024

IMPORTANT LEGAL NOTICE

Please read these Terms of Service carefully before using ClearCompliance services. By accessing or

using our services, you agree to be bound by these terms. If you do not agree to these terms, do not

use our services. These terms contain important information about your legal rights, remedies, and

obligations, including mandatory arbitration and class action waiver provisions.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or

"your") and ClearCompliance ("Company," "we," "us," or "our") governing your access to and use of our

website, services, and products (collectively, the "Services").

By:

Accessing or using our website

Creating an account

Purchasing our services

Downloading or using any documents we provide

You acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy

Policy, which is incorporated by reference. If you are using our Services on behalf of an organization, you

represent and warrant that you have the authority to bind that organization to these Terms.

2. Service Description

2.1 What We Provide

ClearCompliance provides automated compliance documentation services for dental practices, including but

not limited to:

HIPAA privacy and security documentation templates

OSHA exposure control plans and safety policies

Infection control and sterilization protocols

Employee acknowledgment forms and training materials

Annual compliance checklists and maintenance updates

State-specific compliance guidance and templates

2.2 What We Do NOT Provide

ClearCompliance is a document generation and automation service. We explicitly DO NOT provide:

Legal Advice: We are not a law firm and do not provide legal advice, legal representation, or legal opinions

Compliance Consulting: We do not provide personalized compliance consulting, auditing, or advisory

services

Regulatory Guidance: We do not interpret regulations or provide regulatory advice specific to your

situation

Guarantees of Compliance: We do not guarantee that our documents will ensure compliance with all

applicable laws and regulations

Professional Services: We do not provide accounting, tax, insurance, or other professional services

Implementation Support: We do not implement policies, train staff, or manage your compliance program

You are solely responsible for reviewing, customizing, implementing, and maintaining all documents and

policies for your practice. You should consult with qualified legal counsel, compliance professionals, and

other advisors regarding your specific compliance obligations.

3. Eligibility and Account Requirements

3.1 Eligibility

To use our Services, you must:

Be at least 18 years of age

Have the legal capacity to enter into binding contracts

Operate a legitimate dental practice or healthcare business

Provide accurate and complete information

Not be prohibited from using our Services under applicable law

3.2 Account Registration

When creating an account, you agree to:

Provide accurate, current, and complete information

Maintain and promptly update your account information

Maintain the security of your account credentials

Notify us immediately of any unauthorized access or security breach

Accept responsibility for all activities under your account

You may not share your account credentials, transfer your account to another party, or create multiple

accounts. We reserve the right to suspend or terminate accounts that violate these requirements.

4. Payment Terms

4.1 Pricing and Fees

Our Services are offered through the following pricing models:

One-Time Setup Fee: A single payment for initial document generation and delivery

Monthly Subscription: Recurring monthly fee for ongoing document maintenance, updates, and support

Additional Services: Optional add-on services priced separately

All prices are displayed in U.S. dollars and are subject to change with 30 days' notice. Price changes will not

affect existing subscriptions until the next renewal period.

4.2 Payment Processing

By providing payment information, you:

Authorize us to charge your payment method for all fees

Represent that you have the legal right to use the payment method

Agree to pay all applicable taxes

Acknowledge that payments are processed by third-party payment processors

We accept major credit cards, debit cards, and other payment methods as indicated on our website. All

payments are non-refundable except as expressly provided in these Terms.

4.3 Subscription Billing

For subscription services:

Billing occurs automatically on a monthly basis

Your payment method will be charged on the same day each month

Subscriptions automatically renew unless cancelled

You must cancel before the next billing date to avoid charges

Failed payments may result in service suspension or termination

4.4 Refund Policy

One-Time Purchases: All one-time setup fees are non-refundable once documents have been generated and

delivered. If you are unsatisfied with the documents within 7 days of delivery, contact us for potential

resolution, but refunds are not guaranteed.

Subscriptions: Subscription fees are non-refundable. If you cancel your subscription, you will retain access

until the end of your current billing period, but no refund will be issued for partial months.

Exceptions: Refunds may be issued at our sole discretion in cases of service failure, technical errors, or other

exceptional circumstances.

4.5 Taxes

You are responsible for all applicable federal, state, and local taxes, duties, and assessments. If we are

required to collect taxes, they will be added to your invoice.

5. User Obligations and Prohibited Conduct

5.1 Your Responsibilities

When using our Services, you agree to:

Provide accurate information about your dental practice

Review all documents carefully before implementation

Customize documents to fit your specific practice needs

Consult with qualified professionals regarding compliance obligations

Implement and maintain policies in accordance with applicable laws

Keep documents current and update them as regulations change

Train staff appropriately on policies and procedures

Maintain proper records and documentation

5.2 Prohibited Uses

You may NOT:

Use our Services for any illegal or unauthorized purpose

Violate any applicable laws, regulations, or third-party rights

Provide false, misleading, or inaccurate information

Resell, redistribute, or sublicense our documents or services

Use our Services to compete with us or create similar products

Reverse engineer, decompile, or disassemble any part of our Services

Remove copyright notices, trademarks, or proprietary markings

Attempt to gain unauthorized access to our systems or networks

Interfere with or disrupt our Services or servers

Use automated tools to access or scrape our website

Transmit viruses, malware, or harmful code

Harass, abuse, or harm other users or our staff

Violation of these prohibitions may result in immediate termination of your account and legal action.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to:

Website design, layout, and user interface

Document templates and forms

Software, code, and algorithms

Text, graphics, logos, and images

Trademarks, service marks, and trade names

Proprietary processes and methodologies

Are owned by ClearCompliance or our licensors and are protected by U.S. and international copyright,

trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted are

reserved.

6.2 Limited License to Use Documents

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-

exclusive, non-transferable, revocable license to:

Download and use documents for your internal business purposes only

Customize and modify documents for your specific practice needs

Print and distribute documents within your organization

This license does NOT permit you to:

Resell, redistribute, or sublicense documents to third parties

Use documents for multiple unrelated businesses without separate licenses

Remove or modify copyright notices or proprietary markings

Create derivative works for commercial purposes

Use our trademarks or branding without written permission

6.3 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about our Services, you grant us a perpetual, irrevocable,

worldwide, royalty-free license to use, modify, and incorporate such feedback without compensation or

attribution.

7. Disclaimers and Warranties

7.1 No Legal or Professional Advice

CRITICAL DISCLAIMER:

ClearCompliance is NOT a law firm, does NOT provide legal advice, and does NOT create an attorney-

client relationship. Our documents are general templates and may not address your specific legal

obligations or circumstances. You MUST consult with qualified legal counsel, compliance

professionals, and other advisors regarding your compliance obligations. We make NO representations

that our documents will ensure compliance with applicable laws and regulations.

7.2 "AS IS" and "AS AVAILABLE" Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability, fitness for a particular purpose, or non-infringement

Warranties that our Services will be uninterrupted, error-free, or secure

Warranties regarding the accuracy, completeness, or reliability of content

Warranties that documents will meet your specific needs or comply with all laws

Warranties regarding third-party content or services

7.3 No Guarantee of Compliance

We do NOT guarantee that using our documents will ensure compliance with HIPAA, OSHA, state regulations,

or any other laws. Compliance requirements vary by jurisdiction, practice type, and specific circumstances.

You are solely responsible for ensuring your practice meets all applicable legal and regulatory requirements.

7.4 Document Accuracy and Currency

While we strive to keep our documents current and accurate, laws and regulations change frequently. We do

NOT guarantee that documents reflect the most current legal requirements. You are responsible for verifying

that documents are appropriate and current for your jurisdiction and circumstances.

7.5 Third-Party Content and Links

Our Services may contain links to third-party websites or reference third-party content. We do NOT endorse,

control, or assume responsibility for third-party content, products, or services. Your use of third-party

services is at your own risk and subject to their terms and policies.

8. Limitation of Liability

8.1 Exclusion of Damages

IMPORTANT LIABILITY LIMITATION:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARCOMPLIANCE, ITS OFFICERS, DIRECTORS,

EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,

SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO

DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION,

REGULATORY FINES, LEGAL FEES, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATED TO

YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

8.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING

FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE

TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $500 USD.

8.3 Basis of the Bargain

You acknowledge that these limitations of liability are fundamental elements of the agreement between you

and ClearCompliance, and that we would not provide the Services without these limitations. These limitations

apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if a

remedy fails of its essential purpose.

8.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such

jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless ClearCompliance, its officers, directors, employees,

agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs,

expenses, or fees (including reasonable attorneys' fees) arising from or related to:

Your use or misuse of our Services

Your violation of these Terms or applicable laws

Your violation of any third-party rights

Your implementation or use of documents provided by us

Any regulatory violations, fines, or penalties related to your practice

Any claims by your employees, patients, or third parties

Any inaccurate or misleading information you provide

Your negligence or willful misconduct

This indemnification obligation survives termination of these Terms and your use of our Services. We reserve

the right to assume exclusive defense and control of any matter subject to indemnification, in which case you

agree to cooperate with our defense.

10. Term and Termination

10.1 Term

These Terms commence when you first access or use our Services and continue until terminated in

accordance with this section.

10.2 Termination by You

You may terminate your account at any time by:

Cancelling your subscription through your account settings

Contacting our support team

Ceasing to use our Services

Termination does not entitle you to a refund of any fees already paid. You will retain access to subscription

services until the end of your current billing period.

10.3 Termination by Us

We may suspend or terminate your account and access to our Services immediately, without notice or liability,

for any reason, including but not limited to:

Violation of these Terms

Fraudulent, abusive, or illegal activity

Non-payment of fees

Providing false or misleading information

Engaging in prohibited conduct

At our sole discretion for any other reason

10.4 Effect of Termination

Upon termination:

Your right to access and use our Services immediately ceases

You remain liable for all fees and charges incurred prior to termination

We may delete your account and data (subject to legal retention requirements)

You must cease using all documents and materials provided by us

Provisions that by their nature should survive (disclaimers, limitations of liability, indemnification, dispute

resolution) remain in effect

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@clearcompliance.com to

attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.

11.2 Binding Arbitration

MANDATORY ARBITRATION CLAUSE:

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms

or our Services shall be resolved by binding arbitration administered by the American Arbitration

Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a

single arbitrator in [Your State/Location]. The arbitrator's decision shall be final and binding, and

judgment may be entered in any court of competent jurisdiction. YOU AGREE TO WAIVE YOUR RIGHT

TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

11.3 Exceptions to Arbitration

The following disputes are NOT subject to arbitration:

Claims for injunctive or equitable relief to protect intellectual property rights

Small claims court actions (if within jurisdictional limits)

Claims that cannot be arbitrated under applicable law

11.4 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT

TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. The arbitrator

may not consolidate claims or conduct class arbitration.

11.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@clearcompliance.com within

30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement

that you wish to opt out of the arbitration agreement.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your State], United States,

without regard to its conflict of law provisions. For any disputes not subject to arbitration, you agree to submit

to the exclusive jurisdiction of the state and federal courts located in [Your County/State].

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the

updated Terms on our website with a new "Last Updated" date and, where appropriate, by sending email

notification. Your continued use of our Services after changes become effective constitutes acceptance of

the modified Terms. If you do not agree to the modified Terms, you must stop using our Services and cancel

your account.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire

agreement between you and ClearCompliance regarding our Services and supersede all prior agreements

and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall

continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to

make it valid and enforceable.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or

provision. Any waiver must be in writing and signed by an authorized representative.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We

may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable

control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government

actions, or internet/telecommunications failures.

14.6 Survival

Provisions that by their nature should survive termination (including disclaimers, limitations of liability,

indemnification, intellectual property rights, and dispute resolution) shall survive termination of these Terms.

14.7 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

14.8 Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict,

the English version prevails.

15. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

ClearCompliance

Legal Department

Email:

legal@clearcompliance.com

Support:

support@clearcompliance.com

Response Time: We will respond to legal inquiries within 5 business days

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE

TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT

USE OUR SERVICES.

ClearCompliance

Automated compliance documentation for dental

practices.

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legal@clearcompliance.com

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