Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of Clearbook, operated by Clearbook ("we," "us," or "our"), accessible at useclearbook.app. By registering for or using Clearbook, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy.

If you are using Clearbook on behalf of a professional practice, you represent that you have authority to bind that entity.

2. Eligibility

Clearbook is a professional tool intended for licensed mental health professionals (therapists, counselors, psychologists, and similar practitioners). By creating an account you represent that:

• You are at least 18 years old
• You hold valid licensure required to practice in your jurisdiction
• You will use Clearbook only for lawful professional purposes

3. Subscription and Fees

Clearbook is offered as a monthly subscription at $35 per month per therapist account. Fees are billed in advance on the first day of each billing cycle.

• Payments are processed securely via Stripe
• Subscriptions automatically renew unless cancelled before the renewal date
• We reserve the right to change pricing with 30 days' advance notice by email
• All fees are in USD and are non-refundable except as required by law or described in Section 4

4. Cancellation and Refunds

You may cancel your Clearbook subscription at any time from your billing settings. Cancellation takes effect at the end of the current billing period; you will retain access through that date. We do not issue prorated refunds for the remaining period.

If Clearbook experiences a service outage lasting more than 24 continuous hours in a billing month, you may request a prorated credit for that period by contacting getclearbook@gmail.com.

5. Stripe Connect and Client Payments

Clearbook integrates with Stripe Connect to allow therapists to accept payments from clients. By connecting a Stripe account, you agree to Stripe's Connected Account Agreement, which includes the Stripe Terms of Service.

Clearbook is not responsible for payment disputes, chargebacks, or refunds between therapists and their clients. Any issues with client payments must be resolved between the therapist and their client, or through Stripe's dispute resolution process.

6. No-Show and Cancellation Fees

Therapists may configure a no-show and late cancellation fee policy within Clearbook. Clearbook provides the technology to display this policy to clients at the time of booking; however, enforcement of the fee is the therapist's sole responsibility. Clearbook does not automatically charge clients for no-shows or late cancellations. We make no representation that any fee structure is enforceable under applicable law and recommend therapists consult with a legal professional.

7. HIPAA Compliance Responsibilities

Therapists using Clearbook are Covered Entities under HIPAA. Clearbook acts as a Business Associate and will enter into a Business Associate Agreement (BAA) upon request (email getclearbook@gmail.com). However, HIPAA compliance remains the therapist's responsibility. You agree to:

• Use Clearbook only in a manner consistent with HIPAA requirements applicable to your practice
• Obtain any required client authorizations for the use or disclosure of PHI
• Not store clinical notes, diagnoses, treatment plans, or any PHI beyond what is necessary for scheduling and practice management
• Notify Clearbook promptly if you discover any potential security incident involving client data

8. Acceptable Use

You may not use Clearbook to:

• Violate any applicable law, regulation, or professional ethical obligation
• Impersonate another person or practice
• Transmit spam, malware, or harmful code
• Attempt to gain unauthorized access to systems or other accounts
• Scrape, reverse-engineer, or create derivative works from the platform
• Use the platform for any purpose other than legitimate mental health practice management

9. Intellectual Property

Clearbook and all associated technology, trademarks, and content are owned by or licensed to us. You retain ownership of any data you input into the platform. You grant us a limited, non-exclusive license to process that data solely to provide the Clearbook service.

10. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance, updates, or emergency fixes that temporarily affect availability. We will provide advance notice for planned maintenance where practicable.

11. Disclaimer of Warranties

Clearbook is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be error-free or that defects will be corrected.

12. Limitation of Liability

To the maximum extent permitted by law, Clearbook's total liability to you for any claim arising from these Terms or use of the service shall not exceed the fees you paid in the 3 months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages, including lost profits, data loss, or business interruption, even if advised of the possibility of such damages.

13. Indemnification

You agree to indemnify and hold Clearbook harmless from any claims, damages, or expenses (including reasonable attorney's fees) arising from your use of the platform, your violation of these Terms, or your violation of applicable law or professional obligations.

14. Termination

Either party may terminate the relationship at any time. We may suspend or terminate your account immediately if we believe you are in material breach of these Terms. Upon termination, we will make your data available for export for 30 days, after which it may be deleted per our retention policy.

15. Governing Law

These Terms are governed by the laws of the United States. Any disputes shall be resolved in good faith first; if unresolved, in binding arbitration under AAA Commercial Arbitration Rules, waiving the right to a jury trial or class action.

16. Changes to Terms

We may update these Terms. Material changes will be communicated by email at least 14 days in advance. Continued use after the effective date constitutes acceptance of the revised Terms.

17. Contact

Questions about these Terms? Email getclearbook@gmail.com.