ClearPath Health, Inc. Terms of Use

1. Agreement to These Terms

These Terms of Use (“Terms”) govern your use of the website at clearpathpreop.com and any related pages, secured intake pages, and text message services operated by ClearPath Health, Inc., a Delaware corporation (“ClearPath,” “we,” “us,” or “our”) (collectively, the “Services”).

By accessing the Services, completing an intake form, or consenting to receive text messages from us, you agree to these Terms. If you do not agree, do not use the Services.

These Terms are a legal agreement between you and ClearPath. They do not change any agreement you have with your physician, surgeon, anesthesia provider, surgery center, or other health care provider.

2. What ClearPath Does—and What ClearPath Does Not Do

2.1 Our Role

ClearPath provides pre-procedure patient communication and preparation services to health care practices, surgery centers, and anesthesia providers (each, a “Practice”). We work on behalf of and under the direction of your Practice. When you receive a message from us, we are delivering preparation instructions that your Practice has reviewed and approved.

2.2 We Are Not Your Health Care Provider

ClearPath does not practice medicine, nursing, or anesthesia. We do not diagnose conditions, prescribe or adjust medications, order or interpret tests, or provide treatment.

Using the Services does not create a provider-patient relationship between you and ClearPath and does not create a relationship of any kind between you and any individual employed by or working with ClearPath.

2.3 The Services Are Not Medical Advice

Information provided through the Services is general preparation information supplied by or approved by your Practice. It is not medical advice and is not a substitute for the judgment of your treating clinicians.

Always follow the instructions your Practice gives you directly. If anything in a message from us conflicts with what your Practice told you, or if you are unsure, contact your Practice before acting.

2.4 Medication Decisions

Never start, stop, hold, or change the dose of any medication based only on a message from us. Confirm every medication decision with the clinician who prescribed it or with your Practice.

2.5 Emergencies

The Services are not monitored for emergencies and are not for urgent medical needs.

If you are experiencing a medical emergency, call 911 or go to the nearest emergency room. Do not use text messages or an intake form to report a medical emergency, a new or worsening symptom, or an urgent question. Contact your Practice directly.

2.6 No Guarantee of Delivery or Response

Patient replies are delivered to the participating Practice’s internal ClearPath messaging screen and are monitored during normal operations. ClearPath does not guarantee an immediate response. Do not use the Services for emergencies or urgent medical needs, and do not rely on them as your only source of preparation instructions.

3. Who May Use the Services

The secured intake pages and text message services are intended for patients of a participating Practice who have been invited by that Practice, and for a parent, legal guardian, or authorized representative acting on a patient’s behalf.

If you complete an intake form for another person, you represent that you are legally authorized to provide that person’s information and to receive messages on that person’s behalf.

The Services are intended for use in the United States. Do not use the Services if you are under 18 unless a parent or legal guardian is completing the intake and receiving messages for you.

4. Text Message Terms

4.1 Program Description

The ClearPath pre-procedure messaging service sends appointment and procedure reminders, preparation instructions, requests for confirmation, secure-message notifications, intake-form reminders, transportation reminders, and related follow-up communications on behalf of your Practice.

This is not a marketing or promotional program. We do not send advertisements through this service.

4.2 Enrollment and Consent

You are enrolled only after you affirmatively consent to receive ClearPath text messages.

Consent is provided by completing the ClearPath SMS consent page accessed through a QR code displayed by a participating Practice.

The SMS consent option is presented separately, is not selected in advance, and is not a condition of receiving care. ClearPath does not send enrollment or pre-operative text messages before consent is provided.

4.3 Message Frequency

Message frequency varies based on your procedure, how far in advance it is scheduled, whether you reply to a message, and whether additional follow-up is required.

4.4 Cost

ClearPath does not charge you for these messages. Message and data rates may apply based on your plan with your wireless carrier.

4.5 How to Stop Messages

Reply STOP to any message at any time to stop receiving ClearPath text messages.

You may also use another supported opt-out keyword, including CANCEL, END, OPTOUT, QUIT, REVOKE, STOPALL, or UNSUBSCRIBE.

You will receive one confirmation that messages have ended. You may also withdraw consent by contacting your Practice or emailing ClearPath at ceo@clearpathpreop.com.

Stopping messages does not affect your appointment. Agreeing to receive messages is not a condition of receiving care.

4.6 Re-enrollment After Opting Out

Initial enrollment in the ClearPath SMS program requires completion of the applicable ClearPath SMS consent form. If you previously provided consent and later opted out, you may restore your prior enrollment by replying START or UNSTOP. These keywords restore a previous enrollment and are not a substitute for initial consent. Message frequency varies. Message and data rates may apply. Reply HELP for help or STOP to opt out.

4.7 How to Get Help

Reply HELP to any message for help.

You may also contact your Practice using contact information provided directly by your Practice. For questions about the ClearPath messaging service itself, email ceo@clearpathpreop.com.

4.8 Supported Carriers and Delivery

The service is available through major United States wireless carriers. Carrier participation may change, and the service may not be available through all carriers or service plans.

Wireless carriers are not liable for delayed or undelivered messages.

Message delivery depends on wireless carriers, network conditions, and compatible devices and therefore cannot be guaranteed.

4.9 Mobile Information and Consent Data

ClearPath does not sell or rent your mobile telephone number or SMS consent information.

ClearPath does not share your mobile telephone number, SMS opt-in data, or consent to receive messages with third parties or affiliates for their own marketing or promotional purposes.

ClearPath may disclose mobile information to service providers acting on its behalf only as reasonably necessary to provide the requested messaging service, maintain security, prevent fraud, or comply with applicable law. These providers are contractually restricted from using SMS opt-in information for their own marketing or promotional purposes.

ClearPath uses Twilio as a messaging delivery provider and shares information with Twilio only as necessary to deliver and manage messages.

4.10 Changing Your Number

If your mobile number changes, notify your Practice. You agree not to provide a mobile number that is not yours or that you are no longer authorized to use.

5. Information You Provide

You agree to provide accurate and complete information through the intake pages and to correct it if it changes.

Preparation instructions depend on the accuracy of the information you provide. Incomplete or inaccurate information—particularly information about medications, allergies, and health conditions—may result in incorrect or incomplete preparation instructions.

Information you provide through the Services is handled as described in our Privacy Policy, available at https://www.clearpathpreop.com/privacy-policy.

6. Acceptable Use

You agree not to:

• Access or attempt to access any account, record, or intake page belonging to another person without authorization;

• Submit false, misleading, or fraudulent information;

• Interfere with or degrade the Services or attempt to circumvent any security or access control;

• Probe, scan, or test the vulnerability of the Services or attempt to gain unauthorized access to any system or data;

• Use any automated means to access, collect information from, or interact with the Services;

• Copy, reproduce, modify, reverse engineer, or create derivative works from the Services or their content; or

• Use the Services for any unlawful purpose or in violation of these Terms.

We may suspend or terminate access to the Services at any time, with or without notice, for conduct we reasonably believe violates these Terms or creates risk to patients, Practices, or ClearPath.

7. Intellectual Property

The Services, including all software, content, message templates, text, graphics, and the ClearPath name and marks, are owned by ClearPath or its licensors and are protected by intellectual property laws.

Except for the limited right to use the Services for their intended purpose, no rights are granted to you.

Preparation content approved by your Practice remains subject to that Practice’s rights. Nothing in these Terms grants you the right to use ClearPath’s name, logo, or marks.

8. Third-Party Services

The Services rely on third-party providers, including Twilio for messaging delivery, as well as hosting and website analytics providers. Those providers are described in our Privacy Policy. We are not responsible for the acts or omissions of wireless carriers.

The Services may link to third-party websites. We do not control and are not responsible for their content or practices.

9. Disclaimers

The Services are provided “as is” and “as available.”

To the fullest extent permitted by law, ClearPath disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranty that the Services will be uninterrupted, error-free, secure, or that any message will be delivered.

Nothing in this section limits any obligation ClearPath owes to a Practice under a written agreement between ClearPath and that Practice, or any obligation ClearPath has under applicable health information privacy and security law.

10. Limitation of Liability

To the fullest extent permitted by law, ClearPath will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, arising out of or relating to your use of the Services, even if we have been advised of the possibility of those damages.

To the fullest extent permitted by law, ClearPath’s total liability arising out of or relating to the Services will not exceed one hundred dollars ($100.00).

Some jurisdictions do not allow certain limitations of liability, and in those jurisdictions our liability is limited to the greatest extent permitted by law.

Nothing in these Terms limits liability that cannot be limited by law, and nothing in these Terms is intended to limit any right or remedy you may have against your own health care providers.

11. Indemnification

You agree to indemnify and hold harmless ClearPath and its officers, directors, and personnel from any claim arising out of your breach of these Terms, your submission of information you were not authorized to provide, or your use of the Services in violation of law.

12. Changes to the Services and These Terms

We may modify or discontinue the Services at any time.

We may update these Terms, and the updated version takes effect when posted with a revised Effective Date. Material changes affecting the text message service will be described on the consent page.

Your continued use of the Services after an update means you accept the updated Terms.

13. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the jurisdiction and venue of those courts.

14. Severability and Entire Agreement

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder of these Terms will remain in effect.

These Terms are the entire agreement between you and ClearPath regarding the Services.

15. Contact Us

ClearPath Health, Inc.
539 W. Commerce Street, #386
Dallas, Texas 75208
ceo@clearpathpreop.com

For questions about your procedure, medications, or care, contact your Practice directly.

For a medical emergency, call 911.