# Terms of Service

*Last updated: 30/11/2025*

These Terms of Service (“Terms”) govern the use of Clerkal (“Clerkal”, “the Service”), operated by **Clerkal Ltd** (“we”, “us”, “our”). By creating an account, subscribing to a plan, or using the Service, you agree to be bound by these Terms. If you do not agree, you must discontinue using the Service.

You may enter these Terms on behalf of an organisation (a “Clinic”). If so, you represent and warrant that you have the authority to bind that organisation.

***

## **1. About the Service**

Clerkal provides a platform for clinicians and healthcare organisations to:

* Create and manage clinical documentation templates,
* Generate clinical notes using AI-assisted features,
* Manage personal and clinic-based subscriptions.

**Clerkal is not a medical device and does not provide medical advice, diagnosis, or treatment recommendations.** All AI output and generated notes must be reviewed and validated by a qualified clinician.

***

## **2. Regions Where Clerkal Operates**

Clerkal operates primarily in the **United Kingdom** and is expanding availability to:

* United States
* Canada
* Australia
* New Zealand
* European Union

Your use of the Service must comply with the local laws, privacy regulations, and clinical governance standards that apply in your jurisdiction.

***

## **3. Eligibility**

To use Clerkal, you must:

* Be a licensed clinician, authorised healthcare worker, or authorised representative of a Clinic;
* Use the Service only for professional or organisational purposes; and
* Ensure your use complies with applicable healthcare documentation and privacy laws (e.g., GDPR, UK Data Protection Act, HIPAA, or local equivalents).

***

## **4. Accounts and Security**

You must register for an account to access the Service. You are responsible for:

* Maintaining the confidentiality of your account credentials,
* Ensuring that account information is accurate and up to date,
* All activity occurring under your account.

Clerkal is not responsible for any unauthorised access caused by your actions or omissions.

***

## **5. Subscription Plans and Billing**

### **5.1 Personal Plans**

Personal Plans apply to individual users. You must have an active Personal Plan unless your access is covered by a Clinic Plan.

### **5.2 Clinic Plans**

Clinics may purchase a Clinic Plan to manage multiple users under a single billing arrangement. Clinic administrators may:

* Invite existing Clerkal users, or
* Add new users. In this case, **Clerkal will automatically create an account for the invited user and email them login details.**\
  **Clinic administrators must obtain the user’s explicit permission before adding them** and accept responsibility for having done so.

If a user with an active Personal Plan is added to a Clinic Plan, the unused portion of their Personal Plan will be refunded on a prorated basis.

### **5.3 Cancellations**

You may cancel your subscription at any time.\
The cancellation will take effect at the end of the current billing period.\
No refunds are provided for partial billing periods except where explicitly outlined in these Terms.

### **5.4 Refund and Chargeback Policy**

* Refunds are only issued for prorated Personal Plans when a user transitions to a Clinic Plan.
* Chargebacks initiated without first contacting **<support@clerkal.com>** may result in:
  * Suspension of the account, and
  * Recovery fees where legally permitted.\
    We will make reasonable efforts to resolve billing issues before taking any action.

### **5.5 Changes to Pricing**

Clerkal may modify pricing or plan features at any time. Notice will be provided where required by law.

***

## **6. Use of the Service**

### **6.1 Acceptable Use**

You agree not to:

* Use the Service for unlawful, unsafe, or unauthorised purposes,
* Upload identifiable patient data where avoidable (we strongly discourage doing so),
* Submit malicious code or attempt to disrupt system integrity,
* Reverse-engineer or scrape the platform,
* Use AI features to generate harmful, discriminatory, misleading, or clinically unsafe content.

### **6.2 Responsibility for Clinical Content**

You are solely responsible for:

* The accuracy of clinical notes,
* Ensuring no clinical content violates patient privacy laws,
* Ensuring that AI-generated material is reviewed and validated,
* Obtaining all required consents in your jurisdiction.

***

## **7. Data Handling, Storage, and Privacy**

### **7.1 Identifiable Data**

Clerkal does **not** require identifiable patient information and strongly recommends using non-identifiable data.

However, clinicians may voluntarily include patient-identifiable content in notes or templates. In such cases:

* You accept full responsibility for compliance with GDPR, UK DPA 2018, HIPAA (if applicable), and other relevant regulations,
* You must ensure you have lawful grounds to store and process such information.

### **7.2 Data Storage**

All data is stored on Clerkal servers located in the **United Kingdom**.\
Data is not transferred outside the UK unless required for lawful compliance or explicitly permitted by the user.

### **7.3 Data Processing for AI**

Clerkal may process clinical text using AI models for the purposes of:

* Generating notes or summaries,
* Improving model performance and functionality.

Clerkal does **not** use identifiable patient data to train public AI models.

### **7.4 Data Retention & Deletion**

* User-generated content is retained for as long as your account is active.
* Upon account closure, Clinicians and Clinics may request a data export (where feasible).
* Data will be permanently deleted within **90 days** of account deletion unless required by law to retain it longer.

***

## **8. AI Features and Beta Functionality**

### **8.1 AI Output**

AI-generated content may include errors, omissions, or inaccuracies.\
You must treat AI output as **supporting material only** and not as definitive clinical documentation.

Clerkal makes **no warranties** about the accuracy, safety, or suitability of AI-generated content.

### **8.2 Experimental / Beta Features**

From time to time, Clerkal may provide access to Beta or experimental features.\
These may:

* Change without notice,
* Produce unpredictable behaviour,
* Be withdrawn at any time.

By using Beta features, you acknowledge these risks.

***

## **9. Service Availability**

Clerkal aims to provide reliable access but does not guarantee:

* Uninterrupted service,
* Error-free operation,
* That all data will always be preserved.

Scheduled maintenance and unexpected outages may occur.

***

## **10. Intellectual Property**

Clerkal Ltd owns all platform code, design, trademarks, and service features.\
Users retain ownership of:

* Templates they create,
* Content they upload, subject to these Terms.

You are granted a limited, non-transferable, revocable licence to use the Service.

***

## **11. Restrictions on Clinics Adding or Removing Members**

Clinic administrators may:

* Add and remove members at any time,
* Manage permissions for their clinic workspace.

However:

* Administrators must obtain a user’s consent **before** adding them to a Clinic Plan,
* Administrators are responsible for ensuring they have the authority to add or remove individuals.

Clerkal Ltd is not responsible for disputes arising within Clinics regarding account access or membership.

***

## **12. Termination**

Clerkal may suspend or terminate your account if:

* You violate these Terms,
* Your subscription expires,
* A Clinic administrator removes you from its plan,
* A chargeback or fraudulent activity is detected.

Where possible, we will provide notice before termination.

***

## **13. Medical Liability Disclaimer**

Clerkal:

* Does **not** provide medical advice, diagnosis, or treatment,
* Does **not** replace clinical judgement,
* Does **not** assume responsibility for the accuracy, legality, or clinical appropriateness of user-created content.

You acknowledge that **you**, not Clerkal, are responsible for:

* All documentation created using the Service,
* All AI-generated material used for clinical purposes,
* Ensuring compliance with clinical, ethical, and legal standards.

To the fullest extent permitted by law, Clerkal Ltd disclaims liability for:

* Clinical decisions made based on the Service,
* Errors contained in AI-generated content,
* Loss, damage, or injury arising from use of Clerkal.

***

## **14. Limitation of Liability**

To the extent permitted by applicable law:

* Clerkal Ltd is not liable for indirect, incidental, special, or consequential damages,
* Liability for direct damages is limited to the amount paid to Clerkal in the 12 months preceding the claim.

Nothing in these Terms excludes liability where prohibited by law.

***

## **15. Governing Law**

These Terms are governed by the laws of **England and Wales**, except where overridden by mandatory local laws applicable to the user.

***

## **16. Changes to These Terms**

Clerkal may update these Terms from time to time.\
Continued use of the Service constitutes acceptance of the updated Terms.

***

## **17. Contact**

For questions about these Terms, please contact:\
📧 **<support@clerkal.com>**\
📍 Clerkal Ltd


---

# Agent Instructions: Querying This Documentation

If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question.

Perform an HTTP GET request on the current page URL with the `ask` query parameter:

```
GET https://clerkal.gitbook.io/docs/legal/terms-of-service.md?ask=<question>
```

The question should be specific, self-contained, and written in natural language.
The response will contain a direct answer to the question and relevant excerpts and sources from the documentation.

Use this mechanism when the answer is not explicitly present in the current page, you need clarification or additional context, or you want to retrieve related documentation sections.
