Terms of Service

Last Updated: August 29, 2026

ClinikEHR is operated by Bettar Platforms, Inc. ("ClinikEHR", "We" or "Us"), a Delaware corporation with its registered address at 8 The Green, Suite B, Dover, DE 19901, United States. These Terms of Service are a binding contract between You and ClinikEHR. This Agreement shall govern Your use of the Services, and Your rights and obligations with respect to User Data placed in the Services.

1. Definitions

• "Account Owner" means the individual opening an Account on behalf of themselves or the Organization.
• "Business Associate Agreement" or "BAA" means the HIPAA business associate agreement between You and ClinikEHR that governs Our handling of PHI.
• "Client" means a customer of the Organization including a patient of the Organization's healthcare provider.
• "Client Personal Information" means information about a Client that You or Your Team Members place in the Services, including PHI.
• "Data Protection Law" means the privacy and data protection laws that apply to You or to Us in connection with the Services, including HIPAA in the United States, European and United Kingdom data protection law, and the Nigeria Data Protection Act 2023.
• "Protected Health Information" or "PHI" means protected health information as defined by HIPAA's Privacy Rule.
• "Services" means ClinikEHR's technology and software platforms, websites, mobile applications, software, and servers.
• "User Data" means any data or images that You upload to or through the Services, including PHI.
• "Team Member" means You and Your employees, agents, and service providers added to the Account.

2. Verification for ClinikEHR

By accepting this Agreement, you represent that you are at least 18 years of age. You agree to submit to Account verification as required by ClinikEHR. You are responsible for the security of Account verification information, including passwords.

3. Establishing an Account

You must provide accurate, current, and complete information about You and Team Members. You agree to keep your Registration Data accurate and current using the Account management tools provided.

4. Accessing Your Account

ClinikEHR is established in the United States and the Services are hosted primarily in the United States and the European Union. We make the Services available to Organizations in the United States, the European Economic Area, the United Kingdom, Nigeria and other countries. You are responsible for determining whether Your use of the Services is permitted where You practice, and for complying with the professional, licensing and Data Protection Law obligations that apply to You. We do not warrant that every aspect of the Services is appropriate for use in every country.

Where You or Your Clients are in the European Economic Area, the United Kingdom or Nigeria, User Data may be transferred to and processed in the United States. We rely on the European Commission's Standard Contractual Clauses, with the UK Addendum where the United Kingdom is involved, as the safeguard for those transfers. We will provide a copy of the safeguards We use on request. Our Privacy Policy describes this in more detail.

5. Responsibility for Use of Account

You are responsible for all obligations and activities conducted through Your Account, including activities of other Users. You are responsible for all information and User Data that You and other Users input into the Services.

6. Selection and Use of Account Password

You are responsible for maintaining the confidentiality of Your password. You and each person using Your Account must have separate email addresses and passwords. Users may not share passwords.

7. Fees, Billing, and Refund Policy

ClinikEHR provides the Services for the fees set forth on the Website. All prices exclude applicable sales taxes, duties, and levies. We may add new services for additional fees or modify fees upon reasonable notice. You are responsible for all fees incurred under Your Account.

7.1 Billing Cycle and Automatic Renewal. Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected by You). Your subscription will automatically renew for a further period of the same length, at the then-current price for Your plan, unless You cancel prior to the renewal date. Your renewal date and the amount payable are shown in Your Account's billing settings at all times, and We will tell You in advance of any price change under Section 7.6. Cancellation must be completed through Your Account settings or by contacting ClinikEHR support before the next billing date.

7.2 Cancellation. You may cancel Your subscription at any time. Upon cancellation, Your access to paid features will continue until the end of the current billing period for which payment has been made. No partial refunds, credits, or pro-rata adjustments will be issued for the unused portion of any billing period.

7.3 Downgrades. If You downgrade Your subscription plan, the downgrade will take effect at the beginning of the next billing cycle. No refund or credit will be issued for the difference in fees between Your current plan and the downgraded plan for the remainder of the current billing period.

7.4 Failed Payments. If a payment fails, ClinikEHR may retry the charge, suspend access to the Services, or terminate Your Account. You remain liable for all unpaid fees, including any applicable late fees or collection costs.

7.5 Chargebacks and Disputes. If You initiate a chargeback or payment dispute with Your bank or payment provider, ClinikEHR reserves the right to immediately suspend or terminate Your Account and pursue recovery of all amounts owed, including the disputed amount, administrative fees, and any costs incurred in connection with the dispute. You agree to contact ClinikEHR directly at [email protected] to resolve any billing concerns before initiating a chargeback.

7.6 Price Changes. ClinikEHR reserves the right to modify its fees upon thirty (30) days' prior written notice. Continued use of the Services after the effective date of a price change constitutes acceptance of the new fees. If You do not agree to the revised fees, You may cancel Your subscription before the new fees take effect.

7.7 Where You Contract as a Consumer. If You purchase the Services as a consumer rather than on behalf of an Organization, nothing in this Section removes rights You have under the consumer law of the country where You live. In particular, where European Economic Area or United Kingdom law gives You a right to cancel a distance contract within fourteen (14) days of purchase, that right applies and the no-refund policy above does not override it. If You ask Us to begin providing the Services immediately, We may charge You a proportionate amount for the Services You used before You cancelled.

8. Modification of Service

ClinikEHR reserves the right to add, modify, discontinue or eliminate aspects of the Services from time to time for any reason including compliance with laws, security improvements, or error corrections.

9. User Data

9.1 Ownership. You affirm that You own or have all necessary rights to use and authorize ClinikEHR to use User Data in connection with the Services.

9.2 License. By uploading User Data, You grant ClinikEHR a non-exclusive, worldwide, royalty-free license to host, store, transmit and process User Data for the purpose of providing and supporting the Services for You. We do not use PHI or other Client Personal Information to develop or improve Our products, except where that data has been de-identified or aggregated so that it no longer identifies any individual, or where You have instructed Us in writing to do so. This license ends when the data is returned or deleted under Section 24.

9.3 Your Responsibilities. You are responsible for all User Data You input. Unlocking previously locked progress notes may violate professional standards and applicable law. All activity is automatically logged and may be audited.

10. Data Privacy

ClinikEHR will not sell any Personal Information contained in User Data. We will make no use of PHI that is not permitted by this Agreement or prohibited by applicable law, including HIPAA.

It is Your responsibility to comply with all applicable privacy laws and ensure You have obtained all necessary consents. Upon termination, there is an export feature to retrieve Your User Data. It is Your sole responsibility to manage and export User Data to ensure secure preservation pursuant to applicable law. Section 24 sets out what happens to User Data when this Agreement ends.

If a Client contacts Us directly to exercise rights over their own information, We will direct them to You, because You decide how that information is used, and We will help You respond. Section 11 explains the roles the two of Us hold in law, and what We commit to when We process information on Your behalf.

11. Data Protection Roles

Two different kinds of information pass through the Services, and each of Us holds a different role in law for each of them. The distinction matters, because it decides who answers to a patient and who answers to You.

11.1 Information about Your Clients. You are the controller of Client Personal Information. You decide what is collected, why it is collected, how long it is kept and who may see it. ClinikEHR is the processor, and We process that information only to provide and support the Services for You, and only on Your documented instructions. This Agreement, the BAA, and the configuration and instructions You give Us through the Services are those instructions. If We believe an instruction You give Us would breach Data Protection Law, We will tell You rather than carry it out.

11.2 Information about You and Your Team Members. ClinikEHR is the controller of the information We hold about You and Your Team Members as users of Our platform - registration and Account details, billing information, support correspondence, and the authentication and fraud-prevention records described in Our Privacy Policy. Our Privacy Policy explains how We use that information, the bases We rely on, and the rights You have over it.

11.3 Your responsibilities as controller. You confirm that You have a lawful basis for the Client Personal Information You place in the Services, that You have given Your Clients the information about Our role that their law requires, and that Your instructions to Us comply with Data Protection Law.

11.4 Our commitments when We act as processor. In relation to Client Personal Information, We will:

• Process it only on Your documented instructions, including in relation to transfers out of the European Economic Area, the United Kingdom or Nigeria, unless We are required by law to do otherwise - in which case We will tell You first, unless the law forbids Us from telling You.
• Ensure that Our personnel who handle it are bound by a duty of confidentiality.
• Keep technical and organizational security measures appropriate to the risk, as described in Our Privacy Policy and the BAA.
• Engage sub-processors only under written terms imposing obligations equivalent to these, remain responsible to You for what they do, and give You advance notice of a new or replacement sub-processor so that You have an opportunity to object. The BAA sets the notice period and what happens if You object, and We will give You the current list of sub-processors on request.
• Help You respond to a Client exercising their rights, including rights of access, correction, deletion, restriction, objection and portability, and direct any Client who contacts Us to You.
• Notify You after becoming aware of a breach affecting Client Personal Information, within the period set out in the BAA and with the information You need in order to meet Your own notification deadlines - including the seventy-two (72) hour regulator deadline that applies to You in the European Economic Area, the United Kingdom and Nigeria.
• Help You with data protection impact assessments and with consultations with a regulator, so far as the assistance relates to Our processing and is reasonably available to Us.
• Make available the information You reasonably need to show that We meet these commitments, and allow and contribute to an audit or inspection on reasonable notice, no more than once in any twelve (12) month period unless a regulator or a security incident requires otherwise.
• Return or delete Client Personal Information when this Agreement ends, at Your choice, as set out in Section 24.

11.5 Where the detail lives. This Section states the roles and the commitments in summary. The full written terms between controller and processor - including the security measures, the sub-processor process, breach notification periods, audit rights, the return and deletion of data, and the Standard Contractual Clauses and UK Addendum We rely on for international transfers - are set out in the BAA, together with a description of the processing We carry out for You. Nothing in this Section reduces those terms. If a term of the BAA and a term of this Section differ, the BAA governs.

The Data Processing Agreement applies to You automatically. Our Data Processing Agreement forms part of this Agreement and takes effect when You start using the Services. You do not need to sign or request it, and it does not depend on You also signing a Business Associate Agreement - a BAA is a United States instrument that only a HIPAA covered entity would sign, and We will not let the protections required by Your own data protection law depend on a document You may never have reason to execute.

12. Third Party Materials, Service Providers

The Services may incorporate or link to third-party materials not owned by ClinikEHR. We are not responsible for Third Party Materials. Your use of Third Party Materials is at Your own risk.

Where a third-party service provider processes Client Personal Information on Our behalf in order to deliver the Services, We engage them as a sub-processor on the terms set out in Section 11.

13. Payment and Billing Services

To use payment processing services, You must agree to applicable third-party payment processor agreements. ClinikEHR reserves the right to hold back funds, debit chargebacks, suspend accounts for excessive disputes, and withhold payments for suspicious activity.

14. Interruption of Service

You are responsible for obtaining all hardware, software and telecommunications services needed. ClinikEHR may interrupt or suspend the Services for maintenance, security, or legal reasons. We will give You advance notice where it is reasonably practicable to do so, and We will keep any planned interruption as short as We can. Except for liability that cannot be excluded or limited by law (see Sections 20 and 30), ClinikEHR is not liable for any interruption or suspension.

15. ClinikEHR's Intellectual Property Rights

ClinikEHR and its licensors retain all Intellectual Property Rights in the Services. ClinikEHR grants You a non-exclusive, non-transferable, limited, and revocable license to access and use the Services.

License Restrictions. You will not copy, modify, sell, reverse engineer, or attempt to derive source code from the Services. You will not impersonate others, interfere with other Users, or launch automated programs that burden the Services.

16. Content

ClinikEHR grants You a limited license to use Content made accessible to You, solely as part of the Services. All Content must be accurately reproduced and cannot be altered.

17. Service-Specific Terms

17.1 Telehealth Service. ClinikEHR Telehealth allows You to meet with Clients remotely. You must obtain written consent from Clients. You are solely responsible for determining whether You are permitted to deliver virtual services. ClinikEHR is solely providing the technology platform and is not providing medical advice or healthcare services.

17.2 Professional Website Service. ClinikEHR enables You to create and publish a website for Your practice. You grant ClinikEHR a license to reproduce and publish Your content for displaying and promoting Your Professional Website.

17.3 Directory Service. You may opt out of being listed in the Directory Service. You are legally liable for Your Listing Information. ClinikEHR may use Your Listing Information in various ways including making it publicly available.

18. Releases

Except to the extent caused by ClinikEHR's gross negligence or willful misconduct, You agree not to hold ClinikEHR liable for any User Data or the actions of You or other Users.

19. Disclaimer of Express and Implied Warranties

Some countries do not allow implied warranties or statutory guarantees to be excluded. Where the law that applies to You gives You warranty or guarantee rights that cannot be excluded, this Section does not limit them - see Section 30.

20. Limitation of Liability

The one hundred dollar floor exists so that the cap is never nil for an Account that has not yet paid Us anything; where You have paid Us more than that in the preceding twelve months, the amount You paid is the cap. Nothing in this Agreement excludes or limits ClinikEHR's liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited. If You are in the European Economic Area or the United Kingdom, this Section does not limit any right You have to compensation for damage caused by Our processing of personal data in breach of Data Protection Law. The limits above apply only so far as the law that applies to You permits, and where a limit is not permitted it does not apply to You - see Section 30.

21. Indemnification

You agree to defend, indemnify and hold harmless ClinikEHR from all damages, liabilities, claims, and expenses arising from: (i) any breach of this Agreement by You; (ii) allegations that User Data infringes third party rights or is unlawful; (iii) claims by Users; or (iv) Your negligent, willful or illegal conduct.

22. Legal Relationship

Your participation in the Services does not make You a ClinikEHR employee. No agency, partnership, joint venture, or franchise relationship is intended or created by this Agreement.

23. Suspension and Termination

The Account Owner may terminate this Agreement by closing the Account at any time. ClinikEHR may suspend or terminate this Agreement where You are in material breach of it, where fees remain unpaid, where the security or lawful operation of the Services requires it, or where We are required to do so by law. Except where immediate action is needed to protect the Services, other Users, or Client Personal Information, We will give You notice and, where the problem can be put right, a reasonable opportunity to put it right.

A decision to suspend or terminate an Account on suspicion of fraud is always reviewed by a person before it takes effect. It is never made by automated processing alone.

You will not be entitled to compensation or refund for any interruption, suspension or termination, except where the law that applies to You provides otherwise. Section 24 sets out what happens to User Data once this Agreement ends.

24. Termination of Account or Agreement

24.1 Exporting Your data. Upon termination, all licenses granted to You terminate and User Data will remain accessible for export for no more than sixty-four (64) days. The Account Owner is responsible for exporting all data within that window and for ensuring secure preservation of PHI pursuant to applicable law.

24.2 Return or deletion. At Your choice, We will return Client Personal Information to You in a commonly used electronic format, or delete it. Tell Us which You want before the end of the export window; if You tell Us nothing, We delete it. Deletion removes the data from Our active systems, and copies held in routine backups are overwritten as those backups rotate out of retention. The BAA sets out this process in full, and governs where it and this Section differ.

24.3 What We keep, and for how long. A small number of records survive the closure of Your Account, and We would rather say so plainly than surprise You:

• Authentication event records - including the device and network signals described in Our Privacy Policy - are deleted after 180 days.
• Fraud and security assessments are kept for seven (7) years, because a chargeback or a disputed account takeover can surface long after the event and We may need the record to establish or defend a legal claim.
• Audit records of access to clinical systems are kept for seven (7) years, which is the retention period We apply to those records.
• Records We are required by law to keep, and information We need in order to establish or defend a legal claim.

We keep only what those purposes require, and We do not reuse retained records for marketing, analytics or any other purpose. Our Privacy Policy describes these periods in more detail, and Section 11 sets out the commitments We make about Client Personal Information while We hold it.

24.4 Unpaid amounts. You will remain liable for any unpaid amounts owed to ClinikEHR.

25. Government Use and Export Control

The Services are "commercial computer software" subject to U.S. export control and sanctions laws. The Services may not be exported to embargoed countries or prohibited persons. You agree to comply with all United States and foreign laws related to use of the Services.

26. Dispute Resolution

CLASS ACTION WAIVER: YOU AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ACTIONS, CLASS ARBITRATIONS, AND REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND ARE WAIVED BY YOU.

Governing law. This Agreement, and any dispute arising out of it, is governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to the arbitration agreement above, the state and federal courts located in Delaware have jurisdiction, and You and We consent to that jurisdiction.

How arbitration works. Arbitration under this Section is administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Delaware, and conducted in English. The arbitrator decides the dispute under Delaware law. Judgment on the award may be entered in any court with jurisdiction. Either of Us may still ask a court for an injunction to protect intellectual property or confidential information.

If You are outside the United States. The choice of Delaware law and the Delaware forum above, and the arbitration agreement and class action waiver in this Section, apply only so far as the law that applies to You allows them. If You are a consumer or a small business protected by the mandatory law of Your own country, that law continues to protect You and You keep the right to bring proceedings where You live.

Transfers of personal data. The choice of law in this Section does not govern the Standard Contractual Clauses in the Data Processing Agreement. Those are governed by the law of Ireland, as the Clauses themselves require, and nothing here overrides that. If You are in the European Economic Area, the United Kingdom or Nigeria, nothing in this Section requires You to give up a right You cannot waive under Your local law, including the right to bring proceedings in the courts of the country where You live and any right to take part in a collective action. Where a part of this Section cannot be enforced against You, that part does not apply to You and the rest of this Agreement continues to apply - see Section 30.

27. Assignment of Agreement and Account

You may not assign this Agreement or Your Account without Our prior written consent. We may assign this Agreement without restriction.

28. Integration and Severability

This Agreement, together with the BAA and any order You place for the Services, sets forth the entire agreement between You and ClinikEHR. If any term of this Agreement is held to be invalid or unenforceable, that term is severed and the rest of the Agreement continues in force.

Changes to this Agreement. ClinikEHR may modify this Agreement. Where a change materially affects Your rights or obligations, We will give You at least thirty (30) days' notice by email or through the Services before it takes effect, and We will say what has changed. If You do not accept the change, You may terminate this Agreement before it takes effect, and the change will not apply to You in the meantime. Continued use of the Services after the effective date of a change indicates acceptance of it. A change We must make immediately for legal or security reasons takes effect when We tell You about it, and We will explain why.

29. Notices

ClinikEHR may provide notice through the Website, by email, or by written mail. You must submit all notices to ClinikEHR at Bettar Platforms, Inc., 8 The Green, Suite B, Dover, DE 19901, United States, or by email to [email protected].

30. Local Law and Mandatory Rights

ClinikEHR serves Organizations in several countries, and some of the protections in this Agreement cannot be given full effect everywhere.

Nothing in this Agreement takes away a right You have under the law of the country where You live or practice that cannot be waived by agreement. Where a term of this Agreement is unenforceable against You under that law - including a limitation of liability, a disclaimer of warranties, a waiver of collective proceedings, or an agreement to arbitrate - that term does not apply to You, and the remainder of this Agreement continues to apply.

Where You are in the European Economic Area, the United Kingdom or Nigeria, this includes Your rights under Data Protection Law over Your own Personal Information: to ask Us for a copy of it, to have it corrected or deleted, to restrict or object to how We use it, and to receive it in a portable form. Our Privacy Policy explains those rights, how to exercise them, how long We take to answer, and the limited records We are required to keep. Exercising them is free, and We will never make Your access to the Services conditional on giving them up.

31. Consent to Electronic Communications

Service messages. We send You messages We need to send in order to provide the Services - about Your Account, billing, security, verification, and changes to this Agreement. These are part of the Services rather than something You opt into, and they continue for as long as You have an Account.

Marketing is separate, and off unless You turn it on. We do not treat Your use of the Services as agreement to receive marketing. Marketing email - product announcements, tips, surveys and similar - is sent only if You have switched it on, in Account settings or by subscribing somewhere that says so. It is off by default for every new account. You can turn it off again at any time in Account settings or with the unsubscribe link in any marketing message, and doing so has no effect on Your use of the Services or on the service messages above.

32. DMCA Notice

It is ClinikEHR's policy to respond to alleged copyright infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If You believe Your copyrighted work has been copied in a way that constitutes copyright infringement, please notify ClinikEHR's copyright agent.