Terms of Service
Last updated: January 1, 2025
1. Agreement to Terms
By accessing or using the Clarivaut platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use our Services.
2. Description of Services
Clarivaut provides an AI-powered healthcare compliance platform designed to help healthcare providers:
- Validate claims against compliance requirements
- Detect potential billing errors and audit risks
- Monitor compliance with healthcare regulations
- Generate compliance reports and analytics
Our Services are intended to assist with compliance efforts but do not constitute legal, medical, or professional advice.
3. Account Registration
To use our Services, you must create an account. You agree to:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly notify us of any unauthorized access
- Accept responsibility for all activities under your account
4. Acceptable Use
You agree not to use our Services to:
- Violate any applicable federal, state, or local laws or regulations
- Infringe upon intellectual property rights
- Transmit malicious code or interfere with the Services
- Attempt to gain unauthorized access to our systems
- Submit false, misleading, or fraudulent data
- Use the Services for any purpose other than healthcare compliance
5. Healthcare Compliance Disclaimer
While Clarivaut is designed to assist with healthcare compliance, our Services:
- Do not guarantee compliance with any specific regulations
- Should not replace professional compliance officers or legal counsel
- Provide recommendations based on available data and algorithms
- May not address all compliance requirements for your specific situation
You remain solely responsible for ensuring your organization's compliance with applicable healthcare laws and regulations, including but not limited to HIPAA, the False Claims Act, and CMS guidelines.
6. Data and Privacy
Our collection and use of your data is governed by our Privacy Policy. By using our Services, you acknowledge that you have read and understood our Privacy Policy.
For healthcare providers, we will enter into a Business Associate Agreement (BAA) as required by HIPAA to protect Protected Health Information (PHI).
7. Subscription and Payment
Access to our Services requires a paid subscription. By subscribing, you agree to:
- Pay all applicable fees as described in your subscription plan
- Provide accurate billing information
- Authorize automatic renewal unless cancelled
- Accept that fees are non-refundable except as required by law
8. Intellectual Property
All intellectual property rights in the Services, including software, algorithms, designs, and content, belong to Clarivaut or our licensors. Your use of the Services does not grant you any ownership rights.
You retain ownership of the data you submit to our platform. By submitting data, you grant us a limited license to process and analyze it for the purpose of providing our Services.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLARIVAUT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE CAUSE OF ACTION.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless Clarivaut and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.
11. Termination
Either party may terminate the subscription in accordance with the terms of the applicable plan. We may suspend or terminate your access immediately if you breach these Terms or engage in prohibited conduct.
Upon termination, your right to access the Services will cease. We will retain your data in accordance with our data retention policies and applicable legal requirements.
12. Dispute Resolution
Any dispute arising from these Terms or your use of the Services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, conducted in Hidalgo County, Texas.
You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.
13. Changes to Terms
We may modify these Terms at any time. We will provide notice of material changes through the Services or by email. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Hidalgo County, Texas.
15. Contact Information
If you have questions about these Terms, please contact us at:
Clarivaut, Inc.
1606 Kumquat Ave
Pharr, TX 78577
United States
Email: legal@clarivaut.com
Phone: +1 (816) 639-5580
Website: clarivaut.com