Terms of Service

Last Updated: May 1, 2026

IMPORTANT NOTICE

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF YOURSELF AND YOUR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR DO NOT HAVE THE AUTHORITY, YOU MAY NOT ACCESS OR USE THE SERVICES.

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.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE (UNLESS YOU OPT OUT) AND A CLASS ACTION WAIVER. PLEASE READ THESE REQUIREMENTS CAREFULLY.

1. Definitions

  • "Account Owner" means the individual opening an Account on behalf of themselves or the Organization.
  • "Client" means a customer of the Organization including a patient of the Organization's healthcare provider.
  • "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

The Services provided by ClinikEHR are United States-based. We make no warranty that any aspect of the Services is appropriate for use outside of the United States. Those who access from other locations are responsible for compliance with applicable local laws.

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.

NO REFUND POLICY

ALL FEES PAID TO CLINIKEHR ARE NON-REFUNDABLE. Once a payment has been processed, it shall be deemed fully earned by ClinikEHR upon receipt, regardless of whether You continue to use the Services for the remainder of the applicable billing period. This no-refund policy applies to, without limitation:

  • Monthly and annual subscription fees
  • Add-on service fees (including but not limited to AI Note Taker, ePrescribe, eLabs, and PDMP integration)
  • One-time setup fees
  • Per-clinician fees and per-transaction fees
  • Fees for promotional or discounted plans
  • Payments made during a free trial that converted to a paid subscription
  • Any other charges incurred in connection with the Services

You shall not be entitled to any refund, credit, or pro-rata reimbursement upon cancellation, termination (whether voluntary or involuntary), downgrade, or discontinuation of use of the Services, for any reason whatsoever, including but not limited to dissatisfaction with the Services, failure to use the Services, change in business circumstances, or termination by ClinikEHR for breach of this Agreement.

By subscribing to or purchasing any Services, You acknowledge and agree that You have had the opportunity to evaluate the Services (including through any available free plan or trial period) prior to making payment, and that all payments are final and non-refundable.

7.1 Billing Cycle. Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected by You). Your subscription will automatically renew at the end of each billing cycle unless You cancel prior to the renewal date. 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.

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 use and process such User Data for providing Services and improving ClinikEHR's products.

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 federal and state law.

11. 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.

12. 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 with or without notice. You agree that 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

CLINIKEHR PROVIDES THE SERVICES STRICTLY ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ClinikEHR does not ensure continuous, error-free, secure or virus-free operation of the Services.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL CLINIKEHR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS. IN NO EVENT WILL CLINIKEHR'S CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED FIFTY DOLLARS (U.S. $150.00).

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 if We determine such action is desirable for any reason. You will not be entitled to compensation or refund for any interruption, suspension or termination.

24. Termination of Account or Agreement

Upon termination, all licenses terminate and User Data will be accessible for no more than sixty-four (64) days. The Account Owner is responsible for exporting all data and ensuring secure preservation of PHI pursuant to federal and state law. 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

IN THE EVENT OF A DISPUTE, OTHER THAN CLAIMS FOR INJUNCTIVE RELIEF AND DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, THE DISPUTE WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT.

OPT OUT: To opt out of arbitration, You must notify ClinikEHR in writing within 30 days of first accessing the Services.

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.

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 sets forth the entire agreement between You and ClinikEHR. ClinikEHR reserves the right to modify this Agreement at any time upon notification. Your continued use of the Services indicates acceptance of any changes.

29. Notices

ClinikEHR may provide notice through the Website, by email, or by written mail. You must submit all notices to ClinikEHR at the address provided on our website.

31. Consent to Electronic Communications

By using the Services, You consent to receive electronic communications from ClinikEHR including billing, account verification, training materials, surveys, marketing, and administrative announcements. You may opt out of marketing communications but not other communication types.

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.

Questions About These Terms?

If you have any questions about our Terms of Service, please contact our legal team at [email protected]