Terms of Service
Effective TBD -- update before launch
1. Acceptance
By creating an account, signing in, or using the SedationLog service (the "Service") provided by Clarity ("we", "us", "our"), you ("Customer", "you") agree to be bound by these Terms of Service. If you do not agree, do not use the Service.
2. The Service
SedationLog is a HIPAA-compliant, cloud-hosted sedation record platform for dental practices. The Service includes a web application that reads monitor vitals directly from a supported browser, an optional desktop Bridge service for environments that require it, and the SedationLog REST API.
3. Accounts and Authorized Users
You must create an account to use the Service. You are responsible for maintaining the confidentiality of credentials issued under your account and for all activity that occurs under it. You will promptly notify us of any unauthorized use.
4. Subscription, Billing, and Cancellation
The Service is offered as a recurring subscription billed monthly in advance. Pricing is as displayed at the time of signup. Customer may cancel at any time effective at the end of the then-current paid period. Failure to pay triggers the suspension process described in our public payment-failure policy: a 2-day grace period with daily reminders, followed by account suspension. Read-only access to the Customer's data is preserved through suspension for thirty (30) days. After thirty (30) days the account moves to expired status and after ninety (90) days it is scheduled for deletion.
5. Customer Data and PHI
All data submitted to the Service by Customer ("Customer Data"), including Protected Health Information ("PHI") as defined under HIPAA, remains the property of Customer. The handling of PHI is governed by the Business Associate Agreement at /legal/baa, which is incorporated into these Terms by reference.
6. Acceptable Use
Customer agrees not to: (a) use the Service for any unlawful purpose; (b) attempt to reverse-engineer, decompile, or otherwise discover the source code of the Service except to the extent required by law; (c) interfere with or disrupt the Service or any other user's use of it; (d) input data the Customer is not authorized to disclose.
7. Service Availability
We target 99.9% monthly uptime for the production Service, excluding scheduled maintenance windows announced at least 24 hours in advance. We do not commit to any specific uptime under these Terms; the SLA commitments live in our separate Enterprise Master Services Agreement available to qualifying customers on request.
8. Termination
Either party may terminate this agreement at any time for any reason by cancelling through the in-product cancellation flow (for Customer) or by written notice (for either party). Upon termination, Customer's right to use the Service ends; data export windows are described in Section 4.
9. Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT AS REQUIRED BY APPLICABLE LAW. SedationLog is a documentation tool. It does not provide medical advice. Customer's licensed clinical staff are solely responsible for clinical decision-making, including the decision to administer sedation, the decision to sign a sedation record, and the response to any flag the Service displays.
10. Limitation of Liability
To the maximum extent permitted by law, our aggregate liability under these Terms in any twelve-month period is limited to the amount paid by Customer for the Service in the preceding twelve months. Neither party is liable for indirect, incidental, special, consequential, or punitive damages.
11. Governing Law
These Terms are governed by the laws of the State of TBD, without regard to its conflict-of-laws principles. Any dispute will be resolved exclusively in the state or federal courts located in TBD.
12. Changes to These Terms
We may update these Terms from time to time. Material changes will be emailed to the Customer's billing contact at least thirty (30) days before they take effect.
13. Contact
Questions about these Terms: legal@sedationlog.com.