Terms of Service

Please read these Terms of Service carefully before using our website. They govern your access to clearpathbillingsolutions.com and outline the rights and responsibilities of both parties. If you continue to use our Site, you agree to these Terms.

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Effective Date

Feb 17, 2026

Last Updated

Feb 17, 2026

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By accessing or using Clear Path Billing Solutions Inc. ("Clear Path") website, including clearpathbillingsolutions.com and related pages, the client portal, or any Clear Path services (collectively, the "Services"), you agree to be bound by these Terms of Service ("ToS"). If you do not agree to these ToS, do not use the Services.

1.2 Scope

These ToS apply to:

  • Clear Path's public website and any associated pages, subdomains, or related properties

  • Client portal access for prospective clients (pre-contract onboarding, intake, contract review, e-signature)

  • Website features, forms, and communication channels (email, SMS, phone, chat)

1.3 Not Applicable

These ToS do not govern:

  • Signed Service Agreements or Business Associate Agreements—those have their own separate terms and controls

  • Protected Health Information (PHI) processing under HIPAA—covered by your signed BAA and HIPAA regulations

  • Use of the portal after a Service Agreement is executed—primarily governed by that Service Agreement and BAA, though these general website ToS continue to apply to public areas

1.4 Changes to Terms

Clear Path may update these ToS at any time. Your continued use of the Services after changes are posted constitutes acceptance of the updated terms. For material changes, we will provide notice via email or prominent notice on the website at least 30 days before the change takes effect.

2. ELIGIBILITY & ACCOUNTS

2.1 Who Can Use the Services

You represent and warrant that:

  • You are at least 18 years old and have the legal capacity to enter into this agreement

  • The Services are intended for business users (healthcare providers, practice managers, prospective clients) and not for personal or consumer use

  • If you are using the Services on behalf of a practice, company, or organization, you are authorized to bind that entity to these ToS

  • You are not prohibited by law from using the Services

2.2 Portal Account Creation

  • Accurate information: You must provide accurate, complete, and current information (name, email, practice details, contact information) to create a portal account

  • Account responsibility: You are responsible for maintaining the confidentiality of your login credentials (username and password)

  • Authorized use only: You agree to use your account only for authorized purposes and only by you or representatives of your practice who are authorized to act on your behalf

  • Notify us of breaches: You must notify Clear Path immediately (info@clearpathbillingsolutions.com) of any suspected unauthorized access or account security breach

2.3 Account Deactivation & Termination

By you:

By Clear Path:

  • We reserve the right to deactivate or terminate your account if:

    • You breach these ToS or our policies

    • You do not complete onboarding or execute a Service Agreement within a reasonable timeframe (typically 90–180 days after portal signup)

    • We have reasonable belief that your account is being used fraudulently or in violation of law

    • You request account closure

    • We determine it is necessary for legal, security, or business reasons

Data retention post-termination:

  • After account termination, we may retain your information according to our Privacy Policy retention periods (typically 2–3 years for non-converted prospects) for business records, potential future engagement, legal compliance, and audit purposes

3. WEBSITE ACCEPTABLE USE POLICY

3.1 Prohibited Conduct

You agree not to use the website or portal in any way that:

Illegal or harmful:

  • Violates any law, regulation, or third-party rights

  • Constitutes fraud, misrepresentation, or deception

  • Harms, harasses, threatens, or defames anyone

  • Violates intellectual property rights

Interferes with service:

  • Disrupts, degrades, or impairs the functionality of the website or portal (attacks, malware, spam, denial-of-service, overloading)

  • Attempts to gain unauthorized access to our systems, other users' accounts, or restricted areas (hacking, password cracking, bypass techniques)

  • Introduces viruses, worms, or other malicious code

Data misuse:

  • Uses automated tools to extract, scrape, or collect data from the site or portal without authorization (bots, scrapers, crawlers, automated access)

  • Attempts to reverse-engineer, decompile, or discover the source code, architecture, or trade secrets of the portal

  • Frames our website within your own site or republishes our content without permission

Harassment and impersonation:

  • Uses the platform to harass, abuse, threaten, or defame Clear Path staff, other users, or third parties

  • Impersonates another person or entity or uses the platform to facilitate impersonation

  • Uses phishing, social engineering, or deceptive tactics to steal information

Prohibited content:

  • You may not upload, transmit, or share content that is illegal, obscene, defamatory, or infringes intellectual property rights

  • You may not upload Protected Health Information (PHI) or patient data to the portal before a Business Associate Agreement is signed

3.2 Monitoring and Enforcement

Clear Path reserves the right to monitor use of the website and portal to enforce these ToS. We may:

  • Temporarily or permanently suspend or terminate access if violations are detected

  • Remove content that violates this policy

  • Cooperate with law enforcement if illegal activity is suspected

  • Take legal action to enforce these ToS or protect our rights

4. CLIENT PORTAL & PRE-CONTRACT ONBOARDING

4.1 Portal Purpose & Use

  • Purpose: The portal allows prospective clients to complete intake questionnaires, review and negotiate contracts, sign agreements electronically, and communicate with Clear Path during the evaluation phase

  • Pre-contract use: Access during the pre-contract evaluation phase (before a Service Agreement and BAA are executed) is limited to onboarding, contract negotiation, and agreement execution

  • Post-contract use: Once a Service Agreement and BAA are signed, your portal use transitions to service delivery (billing services, reporting, support), and your use is primarily governed by those agreements, though these general ToS continue to apply to website features

4.2 Portal Security & Confidentiality

  • Your responsibility: You are responsible for maintaining confidentiality of your login credentials and for all activities under your account

  • Authorized access only: Portal access is for authorized representatives of your practice only; you may not share credentials with unauthorized individuals or allow others to use your account

  • Report breaches: Notify Clear Path immediately (info@clearpathbillingsolutions.com) of any suspected unauthorized access or security concerns

4.3 Information You Provide

  • Accuracy: All information you enter into the portal (practice details, contact information, forms) must be accurate, complete, and current

  • No PHI before BAA: You agree not to enter, upload, transmit, or provide Protected Health Information (PHI), patient data, or clinical information into the portal before a Business Associate Agreement is executed

  • Uploaded documents: Any documents you upload during intake (e.g., sample forms, current contracts, licenses) must not contain patient-identifying information or PHI and must comply with all applicable laws

  • Your representations: You represent that all information you provide is accurate and that you have the right to provide it to Clear Path

4.4 Clear Path's Right to Disable Portal Access

  • Non-completion: If you do not complete onboarding or execute a Service Agreement within a reasonable timeframe (typically 90–180 days from portal signup), we may deactivate your account

  • Termination: If negotiations do not result in a signed agreement, if you cancel your inquiry, or if you initiate account closure, we will deactivate your account

4.5 Data Retention Post-Deactivation

  • Inactive accounts: After your portal account is deactivated, we may retain the information you provided according to our Privacy Policy retention periods (typically 2–3 years for non-converted prospects) for business records, lead scoring, potential future engagement, and legal compliance

  • Deletion requests: You may request deletion of your information as outlined in our Privacy Policy

5. ELECTRONIC SIGNATURES & AGREEMENT EXECUTION

5.1 Electronic Signature Validity (ESIGN Act & UETA)

  • Legal validity: By electronically signing agreements through the portal (using embedded e-signature tools or click-to-accept mechanisms), you consent to conduct business electronically

  • Binding effect: Your electronic signature is legally binding and equivalent to a handwritten signature

  • Enforceable: Electronic signatures on your Service Agreement and Business Associate Agreement create legally binding and enforceable obligations on you and your practice

  • Consent to electronic communication: You consent to receiving electronically signed copies of agreements, notices, and communications via email or portal download

5.2 Agreement Copies

  • Both parties receive copies: Upon execution, both you and Clear Path will receive a signed copy of all agreements via email or portal download

  • Your responsibility: You should retain copies for your records and business files

  • Clear Path retention: Clear Path also maintains copies according to retention policies outlined in our Privacy Policy and BAA

5.3 Correction Before Signature

  • Review period: You have the opportunity to review all contract terms before signing

  • Negotiate: If you wish to negotiate terms, communicate this to Clear Path during the onboarding process before electronically signing

  • Binding once signed: Once you electronically sign an agreement, it is binding on you and your practice unless otherwise agreed to in writing by authorized representatives of both parties

5.4 Signature Authority

By electronically signing, you represent that:

  • You have the authority to sign on behalf of yourself or your organization

  • You have obtained all necessary internal approvals to execute the agreement

  • The agreement will be binding on you and your organization

6. SMS & ELECTRONIC COMMUNICATIONS

6.1 SMS Use & Consent

Types of messages:
Clear Path may send SMS (text) messages to the phone number you provide or enable in your portal for:

  • Onboarding and service setup reminders

  • Account and billing notifications and updates

  • Support and service communications

  • Two-factor authentication (2FA) codes and security verification

  • Service status alerts and important updates

We do NOT use SMS for promotional or marketing messages.

Consent required:
You consent to receive SMS messages by:

  • Checking a consent box on an intake form or portal setting

  • Verbally consenting during an onboarding call (which Clear Path will document in our system)

  • Providing your phone number with the understanding that SMS will be used for service-related communications

Message frequency:

  • Typically 1–5 automated messages per month during onboarding and service phases, depending on your engagement

  • Additional messages may be sent if you communicate directly with Clear Path via SMS

6.2 Message Rates & Opt-Out

Carrier charges:

  • Standard message and data rates apply to SMS messages

  • Check with your wireless carrier for details about SMS plan charges and data rates

Opt-out:
You can opt out of SMS at any time by:

Note on opting out:

  • Opting out of SMS will prevent service-related alerts and notifications

  • This may limit certain portal functionality that depends on SMS notifications

6.3 SMS Keywords

  • STOP: Reply "STOP" to opt out of future SMS messages

  • HELP: Reply "HELP" to request information about SMS usage or to contact Clear Path support

6.4 Other Communications

  • Email: Communications via email (including marketing follow-up to prospects) are governed by our Privacy Policy and include unsubscribe instructions in marketing emails

  • Privacy: For privacy questions regarding SMS or email communications, refer to our Privacy Policy or contact privacy@clearpathbillingsolutions.com

7. INTELLECTUAL PROPERTY & CONTENT OWNERSHIP

7.1 Clear Path's Intellectual Property

  • Website content: All content on the Clear Path website (text, graphics, logos, images, videos, code, design, layout, underlying materials) is the property of Clear Path Billing Solutions Inc. or our content providers

  • Portal software: The client portal, including its design, user interface, functionality, code, and architecture, is Clear Path's proprietary property

  • Trademarks: "Clear Path," "Clear Path Billing Solutions," and related logos, names, and trademarks are the exclusive property of Clear Path and are protected by trademark law

  • All rights reserved: All rights not expressly granted are reserved by Clear Path

7.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to use the website and portal for the intended business purposes:

  • Accessing information about Clear Path services

  • Completing onboarding questionnaires

  • Communicating with Clear Path regarding services

  • Reviewing and executing agreements

You may NOT:

  • Copy, reproduce, or distribute website content or portal code

  • Create derivative works, modifications, or adaptations

  • Use Clear Path's content, design, or branding for your own marketing or business without written permission

  • License, sell, sublicense, or transfer access to the portal

  • Remove, alter, or obscure any copyright, trademark, or proprietary notice

7.3 Your Submissions & Feedback

  • Information you provide: Any information, documents, communications, feedback, or suggestions you submit through forms, portal, email, or phone to Clear Path may be retained and used by Clear Path for:

    • Evaluation, onboarding, and service delivery

    • Quality improvement and business analysis

    • Service development and enhancement

    • Legal compliance and record-keeping

    • De-identified or aggregated analysis

  • Feedback ownership: If you provide feedback or suggestions about our services, Clear Path may use such feedback at its discretion without compensation or attribution to you

7.4 User-Generated Content

If you upload documents or create content through the portal:

  • You retain ownership of your original content

  • You grant Clear Path a limited license to use your submissions for the purposes outlined above

  • You represent that you have the right to submit such content and that it does not infringe on any third-party rights

8. DISCLAIMERS & LIMITATIONS OF LIABILITY

8.1 "As-Is" and "As-Available"

Disclaimer:
The website and portal are provided on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind, express or implied.

What we do NOT guarantee:

  • The website or portal will be error-free, uninterrupted, or fully functional at all times

  • All features will function without technical issues or bugs

  • The site will be available 24/7 (we perform maintenance, updates, and security patches that may cause temporary unavailability)

  • All information provided is complete, accurate, or current

  • The website or portal will meet your specific needs or expectations

8.2 No Professional Advice

  • Disclaimer: Information and content on the Clear Path website is provided for informational purposes only and does not constitute professional legal, medical, financial, tax, billing, compliance, or clinical advice

  • Consult professionals: For specific billing, compliance, legal, HIPAA, or medical questions, you should consult with appropriate professionals (accountant, attorney, healthcare attorney, HIPAA consultant, compliance officer, etc.)

  • Your responsibility: You are responsible for verifying and interpreting all information relevant to your practice and making your own independent decisions

8.3 Third-Party Links & Services

  • No responsibility: Clear Path is not responsible for third-party websites, services, content, or materials linked from our site

  • Your use at your risk: Your use of third-party services is entirely at your own risk

  • Clear Path not liable: We are not liable for any damages, losses, or claims arising from your use of third-party links or services

  • Review third-party terms: We encourage you to review the terms of service, privacy policies, and security practices of any third-party sites before using them or providing your information

8.4 Limitation of Liability

To the maximum extent permitted by law, Clear Path and its officers, employees, agents, and service providers are not liable for:

Indirect or consequential damages, including:

  • Lost profits or lost revenue

  • Lost data, files, or business opportunities

  • Loss of use, service interruption, or downtime

  • Reputational harm or brand damage

  • Business interruption or lost productivity

  • Indirect, incidental, special, consequential, punitive, or exemplary damages

Direct damages cap:

  • Clear Path's total liability for any claim shall not exceed the greater of:

    • The amount you paid to Clear Path in the 12 months preceding the claim, or

    • $100

Exceptions to limitation:

  • This limitation does not apply to:

    • Claims arising from Clear Path's gross negligence or willful misconduct

    • Clear Path's breach of HIPAA or BAA obligations

    • Infringement of your intellectual property rights

    • Any liabilities that cannot be limited by law

8.5 Disclaimer Regarding Website Availability

  • No guarantee: Clear Path does not guarantee uninterrupted access, error-free operation, or uptime of the website or portal

  • Maintenance windows: We may perform maintenance, updates, security patches, or upgrades that temporarily disable or restrict access to the website or portal

  • Notice: We will make reasonable efforts to notify users of planned maintenance, but unplanned outages may occur without notice

  • Force majeure: Clear Path is not liable for outages, delays, or failures caused by circumstances beyond our control, including:

    • Natural disasters, severe weather, or "acts of God"

    • Internet outages or telecommunications failures

    • Payment processor or third-party service failures

    • Cyberattacks or security incidents (not caused by our negligence)

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Clear Path Billing Solutions Inc. and its officers, employees, agents, service providers, and representatives from any and all claims, damages, liabilities, costs, or expenses (including attorneys' fees and court costs) arising from or related to:

  • Your use of the website or portal in violation of these ToS

  • Your breach of any law, regulation, or third-party rights

  • Your submission of inaccurate, incomplete, unauthorized, or fraudulent information

  • Your violation or infringement of intellectual property rights

  • Claims by third parties related to your use of the Services

  • Your failure to properly disclose conflicts of interest or material facts

  • Your violation of the Acceptable Use Policy (Section 3)

You shall defend Clear Path against any such claims at your expense and shall cooperate fully in the defense.

10. TRANSITION TO SERVICE AGREEMENT & BAA

10.1 Upon Execution of Service Agreement & Business Associate Agreement

Once you and Clear Path have executed a signed Service Agreement and Business Associate Agreement (BAA):

  • Continued website ToS: These general Website ToS continue to apply to any public-facing areas of the website and general portal features

  • Service-specific terms: Your use of Clear Path's billing services and access to the client portal for ongoing service delivery are primarily governed by your signed Service Agreement, which may contain different, additional, or superseding terms

  • BAA governance: Any Protected Health Information (PHI) or clinical data you provide is governed by the HIPAA Business Associate Agreement (BAA) and HIPAA regulations, not by this website ToS

  • Conflict resolution: In the event of a conflict between these Website ToS and your Service Agreement or BAA, the Service Agreement and BAA control for service-delivery and PHI-related matters

10.2 Account Transition

  • Portal access update: Your portal account will transition from "prospective client" status to "active client" status with expanded functionality for billing services, claims tracking, reporting, and ongoing account management

  • Terms updates: Clear Path may provide an updated user guide, service addendum, or portal documentation explaining client-specific features; any client-specific terms will be incorporated into your Service Agreement

11. DISPUTE RESOLUTION & GOVERNING LAW

11.1 Governing Law

These ToS, your use of the Services, and any disputes arising therefrom are governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions. The substantive laws of Delaware apply regardless of your location or where you access the Services from.

11.2 Informal Resolution

Before initiating formal proceedings, you and Clear Path agree to attempt to resolve any disputes through good-faith negotiation and informal communication.

Process:

  1. Provide written notice of the dispute to: info@clearpathbillingsolutions.com

  2. Describe the issue, relevant facts, and resolution sought

  3. Allow 30 days for informal resolution discussions

  4. If not resolved informally, proceed to formal resolution below

11.3 Jurisdiction, Venue & Litigation

Exclusive jurisdiction:

  • You consent to the exclusive jurisdiction of the state and federal courts located in Delaware for any legal action or proceeding related to these ToS, your use of the Services, or your relationship with Clear Path

Venue:

  • You irrevocably consent to venue in the Courts of Delaware (Delaware Court of Chancery or U.S. District Court for the District of Delaware)

Waiver of objections:

  • You waive any objection to venue in Delaware courts and any claim that such courts are an inconvenient forum

Jurisdiction conditions:

  • Any action or proceeding must be brought within one (1) year after the cause of action arises, or it will be permanently barred

12. MODIFICATIONS TO TERMS OF SERVICE

12.1 Right to Modify

Clear Path reserves the right to modify these ToS at any time. Changes will be effective upon posting the updated ToS on the website with an updated "Effective Date" and "Last Updated" date.

12.2 Notification of Changes

  • Notice method: For material changes, we will provide notice:

    • Via email to the email address associated with your portal account, or

    • By posting a prominent notice on the website, or

    • By other reasonable notice mechanism

  • Continued use constitutes acceptance: Your continued use of the website or portal after changes are posted constitutes your acceptance of the updated ToS

12.3 Material Changes

If we make material changes that significantly affect your obligations or rights under these ToS, we will make reasonable efforts to provide at least 30 days' notice before the changes take effect. Material changes include:

  • Changes to limitation of liability or indemnification

  • Changes to data retention or privacy practices

  • Changes to your rights or Clear Path's obligations

For material changes: If you do not agree to the updated terms, you may discontinue use of the Services.

13. SEVERABILITY

If any provision of these ToS is found to be invalid, illegal, or unenforceable by a court or arbitrator, that provision will be severed from these ToS, and the remaining provisions will continue in full force and effect to the maximum extent permitted by law.

If a provision is partially invalid, the invalid portion shall be severed while the valid portion remains in effect.

14. ENTIRE AGREEMENT

These ToS, together with your Service Agreement (if executed), Business Associate Agreement (BAA) (if executed), and Privacy Policy, constitute the entire agreement between you and Clear Path regarding your use of the website and Services.

Supersedes prior agreements:

  • These ToS supersede any prior communications, proposals, understandings, negotiations, or agreements not expressly incorporated herein

Order of precedence:

  • In case of conflict, the order of precedence is:

    1. Executed Service Agreement and BAA (if applicable)

    2. These Terms of Service

    3. Privacy Policy

15. CONTACT & QUESTIONS

If you have questions, concerns, or need clarification regarding these Terms of Service, please contact:

General Inquiries:

We will respond to your inquiry within a reasonable timeframe, typically within 5–10 business days.

16. NOTICE TO USERS

16.1 Your Acknowledgment

By accessing and using the Clear Path website or portal, you acknowledge that you:

  • Have read and reviewed these Terms of Service

  • Understand the terms and your obligations

  • Agree to be bound by these ToS

  • Have the authority to enter into this agreement on behalf of yourself or your organization

16.2 Specific Acknowledgments for Healthcare Users

If you are a healthcare provider, practice manager, or covered entity:

  • You acknowledge that Protected Health Information (PHI) is sensitive and requires heightened safeguards

  • You understand that PHI must not be provided to Clear Path before a signed Business Associate Agreement is in place

  • You acknowledge that HIPAA regulations, not these website ToS, govern PHI handling once a BAA is in place

  • You understand that you are responsible for maintaining HIPAA compliance on your end and for ensuring Clear Path's BAA obligations are met

END OF TERMS OF SERVICE