Terms & Conditions
PLEASE READ THESE SERVICE TERMS (“TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY KLEARFORCE, INC. (“KLEARFORCE”). BY INDICATING ACCEPTANCE OF THESE TERMS THROUGH KLEARFORCE'S ONLINE ENROLLMENT PROCESS OR EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS, YOU (“CUSTOMER”) AGREE TO BE BOUND BY THESE TERMS (TOGETHER WITH ALL ORDER FORMS AND THE BUSINESS ASSOCIATE ADDENDUM (THE “BAA”) BETWEEN THE PARTIES (IF ANY), THIS “AGREEMENT”).
If you are using Klearforce Services on behalf of a company or other legal entity, you represent and warrant that you are authorized to bind that entity. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
1. Eligibility and Account Registration
The Services are intended for use by licensed healthcare practices and their authorized personnel. By registering for an account, you represent that: (a) you are at least 18 years of age; (b) you have the authority to bind the healthcare practice or organization you represent to these Terms; and (c) all information you provide during registration is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
2. Description of Service
Klearforce provides a financial operations and insurance automation platform for healthcare practices. Depending on your subscription plan, the Services may include dental insurance eligibility verification and benefits breakdowns, insurance payment reconciliation, ERA 835 processing, EFT enrollment support, payment posting to practice management systems, and bank deposit verification. The specific features available to you depend on your subscription plan and any applicable Order Form.
3. Authorized Access; Use on Customer's Behalf
Customer authorizes Klearforce to access insurance payer portals, practice management systems, bank-linked data sources, clearinghouses, and related third-party systems on Customer's behalf using credentials or access methods provided or approved by Customer. Customer represents and warrants that it has all rights, permissions, and patient consents necessary to grant such access and that such access does not violate any third-party terms or applicable laws.
4. Subscription and Fees
Fees are billed in accordance with the pricing plan selected at enrollment or as stated in an Order Form. A one-time implementation fee may apply as described during onboarding. All fees are non-refundable except as required by applicable law or as expressly stated in a separate written agreement. Customer is responsible for applicable taxes. We reserve the right to modify pricing with thirty (30) days' written notice. Continued use of the Services after the effective date of a pricing change constitutes acceptance of the new pricing.
5. Service Updates
Klearforce may enhance, modify, or discontinue features of the Services at its discretion. Material changes will be communicated in advance when reasonably practicable.
6. Acceptable Use
You agree not to: (a) use the Services for any unlawful purpose or in violation of applicable laws or regulations; (b) attempt to gain unauthorized access to any part of the Services, other accounts, or systems connected to the Services; (c) reverse-engineer, decompile, disassemble, scrape, or otherwise attempt to derive the source code of the Services; (d) transmit any viruses, malware, or other harmful code through the Services; (e) use the Services in a manner that could damage, disable, or impair their operation; or (f) permit unauthorized third-party use of the Services. Customer is responsible for compliance with privacy, data protection, and healthcare regulations applicable to its use of the Services.
7. Data and Privacy
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect information. By using the Services, you consent to the practices described in the Privacy Policy. You retain ownership of all data you submit to the Services (“Customer Data”). You grant Klearforce a limited license to use Customer Data solely to provide, maintain, secure, and improve the Services. We will not share Customer Data with third parties except as described in the Privacy Policy or as required by law. Klearforce may use aggregated, de-identified data to improve the Services.
8. HIPAA Compliance
To the extent that the Services involve the processing of Protected Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act (“HIPAA”), Klearforce will enter into a Business Associate Agreement or Business Associate Addendum (“BAA”) with you. The BAA governs our obligations regarding PHI and supplements these Terms.
9. Intellectual Property
The Services, including all software, algorithms, designs, text, graphics, and other content, are the exclusive property of Klearforce, Inc. and are protected by intellectual property laws. These Terms do not grant you any ownership rights in the Services. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose during the term of your subscription. Customer may provide feedback, which Klearforce may use without restriction or obligation.
10. Confidentiality
Each party will protect the other's Confidential Information using reasonable care. Confidential Information does not include information that is public, independently developed, or lawfully obtained from a third party.
11. Third-Party Integrations
The Services may integrate with third-party systems, including practice management systems, bank accounts (including connections facilitated by Plaid Inc.), clearinghouses, and payer portals. Klearforce is not responsible for the availability, accuracy, or security of third-party services. Your use of third-party integrations is subject to their respective terms and policies, including, where applicable, Plaid's End User Privacy Policy, as further described in our Privacy Policy.
12. Service Availability and Support
We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. Scheduled maintenance windows will be communicated in advance when reasonably practicable. Support is provided in accordance with your subscription plan.
13. No Coverage Guarantee / Not a Payer Determination
The Services are provided for informational and operational support purposes. Klearforce does not guarantee accuracy, completeness, or applicability of insurance information, remittance data, or reconciled payments. Benefits breakdowns and related outputs do not constitute a payer determination or coverage guarantee. Customer remains responsible for verifying coverage, eligibility, and payment outcomes directly with the applicable insurance payer or financial institution as needed.
14. Limitation of Liability
To the maximum extent permitted by law, Klearforce shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to your use of the Services. Our total cumulative liability shall not exceed the fees you paid to Klearforce in the twelve (12) months preceding the claim.
15. Disclaimer of Warranties
The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
16. Indemnification
You agree to indemnify and hold harmless Klearforce, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, Customer Data, your violation of these Terms, or your violation of any rights of a third party. Klearforce will indemnify Customer against third-party claims alleging that the Services infringe intellectual property rights, subject to Customer's prompt notice and reasonable cooperation.
17. Termination
You may cancel your subscription at any time by contacting us. Cancellation takes effect at the end of the current billing period unless otherwise stated in an Order Form. We may suspend or terminate your access to the Services if you breach these Terms, with or without notice depending on the severity of the breach. Either party may also terminate for material breach not cured within thirty (30) days of notice. Upon termination, your right to use the Services ceases immediately. We will retain your data for a reasonable period to allow retrieval, after which it will be securely deleted in accordance with our data retention practices, except as required by law or the BAA.
18. Trial Use
Trial or free Services are provided without warranty, and Klearforce's liability arising from trial or free Services is limited to $1,000.
19. Miscellaneous
This Agreement constitutes the entire agreement between the parties regarding the Services and supersedes prior or contemporaneous agreements on the same subject. It is governed by Delaware law. Disputes will be resolved in courts located in Loudoun County, Virginia. If any provision is found unenforceable, the remaining provisions remain in effect.