Legal

Terms of Service

Effective Date: March 26, 2026

Last Updated: March 26, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you and ClinicTitan, Inc., a Delaware corporation ("ClinicTitan," "Company," "we," "us," or "our"). These Terms govern your access to and use of the ClinicTitan platform, website located at clinictitan.com (the "Website"), and all related services (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1. Overview of the Platform

ClinicTitan provides a multi-tenant telehealth infrastructure platform that enables telehealth operators ("Tenant Operators") to configure, manage, and operate telehealth practices. The Platform integrates patient intake, provider consultations, e-prescribing, pharmacy fulfillment, payment processing, and related operational capabilities.

These Terms apply to all users of the Platform, including:

  • Tenant Operators: Businesses that contract with ClinicTitan to operate telehealth practices on the Platform

  • Providers: Licensed healthcare professionals who deliver services through the Platform on behalf of a Tenant Operator

  • Staff: Administrative and operational personnel authorized by a Tenant Operator to access the Platform

  • Patients: Individuals who receive healthcare services through a Tenant Operator's practice on the Platform

  • Website Visitors: Individuals who visit the ClinicTitan Website

Certain Services may be subject to additional terms, policies, or agreements (including, without limitation, a Master Service Agreement ("MSA") or Management Services Organization agreement ("MSO Agreement") between ClinicTitan and a Tenant Operator, and a Business Associate Agreement ("BAA") between ClinicTitan and a Tenant Operator or between ClinicTitan and a subcontractor). In the event of a conflict between these Terms and a separate written MSA, MSO Agreement, or BAA between you and ClinicTitan, the separate written agreement shall control to the extent of the conflict. For the avoidance of doubt: (a) BAA obligations required by HIPAA shall take precedence over any conflicting provision in these Terms; and (b) the MSA or MSO Agreement governs the commercial relationship between ClinicTitan and the Tenant Operator, and these Terms apply to matters not specifically addressed in that agreement.

2. Eligibility

You must be at least 18 years of age to use the Services independently. Individuals under 18 may access healthcare services through the Platform only under the supervision and with the consent of a parent or legal guardian, and only as directed by the applicable Tenant Operator.

You represent and warrant that:

  • You have the legal capacity to enter into these Terms

  • You are not prohibited from using the Services under any applicable law or regulation

  • All information you provide is accurate, current, and complete

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Platform, you must create an account. You agree to:

  • Provide accurate, current, and complete registration information

  • Maintain and promptly update your account information

  • Maintain the security and confidentiality of your login credentials

  • Accept responsibility for all activities that occur under your account

  • Notify ClinicTitan immediately of any unauthorized use of your account

3.2 Multi-Factor Authentication

For accounts with access to protected health information (PHI) or administrative functions, multi-factor authentication (MFA) is mandatory. You agree to configure and maintain MFA as required by the Platform.

3.3 Account Termination

We reserve the right to suspend or terminate your account if we reasonably believe that you have violated these Terms, any applicable law, or any applicable Tenant Operator policy, or that your continued use poses a risk to the security or integrity of the Platform.

4. Use of the Platform

4.1 License Grant

Subject to your compliance with these Terms, ClinicTitan grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes.

4.2 Restrictions

You agree not to:

  • Use the Services for any purpose other than their intended use

  • Access or attempt to access accounts, systems, or data that you are not authorized to access

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform

  • Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Platform or any part thereof

  • Remove, alter, or obscure any proprietary notices, labels, or marks on the Platform

  • Use the Services to transmit viruses, malware, or other harmful code

  • Use the Services to send unsolicited communications (spam)

  • Use automated systems (bots, scrapers, crawlers) to access the Platform without our prior written consent

  • Interfere with or disrupt the integrity or performance of the Platform

  • Circumvent or attempt to circumvent any security measures, access controls, or usage limits

  • Use the Services in violation of any applicable law or regulation

  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity

4.3 Acceptable Use

All users must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference.

5. Tenant Operator Responsibilities

Tenant Operators bear significant responsibilities for the operation of their telehealth practices. By using the Platform as a Tenant Operator, you acknowledge and agree that:

5.1 Regulatory Compliance

  • You are solely responsible for ensuring that your use of the Platform complies with all applicable federal, state, and local laws and regulations, including but not limited to HIPAA, state telehealth laws, state medical practice acts, the Corporate Practice of Medicine (CPOM) doctrine, the Ryan Haight Act, DEA regulations, and FTC regulations.

  • You are responsible for obtaining and maintaining all necessary licenses, permits, and certifications required to operate your telehealth practice in each state where you provide services.

  • You are responsible for ensuring that all healthcare providers operating through your practice are appropriately licensed in the states where they provide services.

5.2 HIPAA Compliance

  • You acknowledge that, to the extent you are a Covered Entity or Business Associate under HIPAA, ClinicTitan acts as your Business Associate as defined in 45 CFR § 160.103. You agree to enter into a Business Associate Agreement (BAA) with ClinicTitan prior to transmitting, storing, or processing any PHI through the Platform. No PHI may be transmitted to or through the Platform until a BAA is fully executed. The BAA shall comply with the requirements of 45 CFR § 164.504(e).

  • You are responsible for providing your own Notice of Privacy Practices to your patients in compliance with 45 CFR § 164.520. ClinicTitan's supplemental HIPAA Business Associate Privacy Statement (available at clinictitan.com/hipaa) does not substitute for your obligations as a Covered Entity.

  • You are responsible for obtaining necessary patient consents and authorizations, including HIPAA-compliant authorizations for uses and disclosures not permitted without authorization under 45 CFR § 164.508.

  • You are responsible for responding to patient rights requests (access, amendment, accounting of disclosures, restriction requests, confidential communications, etc.) with ClinicTitan's assistance as provided under the BAA. ClinicTitan will make PHI available to you within the timeframes specified in the BAA to enable your compliance with HIPAA's patient rights provisions (45 CFR §§ 164.524, 164.526, 164.528).

  • You are responsible for determining the minimum necessary PHI required for each use and disclosure in accordance with 45 CFR § 164.502(b).

  • You are responsible for reporting to ClinicTitan any restrictions on use or disclosure of PHI that you have agreed to, so that ClinicTitan can comply with such restrictions within the Platform.

5.3 Clinical Responsibility

  • ClinicTitan does not provide medical advice, diagnosis, or treatment. The Platform is an infrastructure tool. All clinical decisions, treatment plans, prescriptions, and medical advice are the sole responsibility of the Tenant Operator and its licensed healthcare providers.

  • You are solely responsible for the quality, safety, and appropriateness of healthcare services delivered through the Platform.

  • You are solely responsible for credentialing and supervising healthcare providers.

  • You are solely responsible for establishing and maintaining clinical protocols, emergency procedures, and quality assurance programs.

5.4 Data Accuracy

  • You are responsible for the accuracy and completeness of all data entered into the Platform by you, your staff, and your patients.

  • You are responsible for maintaining current and accurate provider information, including NPI numbers, DEA registrations, and state licenses.

5.5 Payment and Billing

  • Tenant Operators agree to pay all fees as specified in their Master Service Agreement with ClinicTitan, which may include implementation fees, monthly platform fees, and per-transaction fees.

  • All fees are non-refundable except as expressly stated in the Master Service Agreement.

  • ClinicTitan reserves the right to suspend access to the Platform for past-due accounts after providing reasonable notice.

6. Patient Terms

6.1 Healthcare Services

  • Healthcare services accessed through the Platform are provided by the Tenant Operator and its licensed healthcare providers --- not by ClinicTitan.

  • ClinicTitan is a technology provider and does not engage in the practice of medicine, provide medical advice, or make clinical decisions.

  • You should not rely on the Platform as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with questions regarding a medical condition.

6.2 Telehealth Consent

  • By using telehealth services through the Platform, you acknowledge that you have reviewed and agreed to the applicable Telehealth Informed Consent.

  • You understand that telehealth has inherent limitations, including the inability to perform physical examinations, potential technology failures, and the possibility that the provider may determine that telehealth is not appropriate for your condition.

6.3 Prescription Services

  • Prescriptions, if any, are issued solely at the discretion of the treating healthcare provider. Neither ClinicTitan nor the Tenant Operator guarantees that a prescription will be issued.

  • You represent and warrant that all medical information you provide is accurate and complete. Providing false or misleading medical information may be harmful to your health and may constitute a violation of law.

6.4 Payments and Refunds

  • Payment terms for healthcare services are established by the Tenant Operator. ClinicTitan processes payments on behalf of Tenant Operators through PCI-compliant payment processing systems.

  • Refund policies are established by each Tenant Operator. Refund requests should be directed to the Tenant Operator from whom you received services.

  • Your payment information is tokenized and processed securely. ClinicTitan does not store your full credit card number.

6.5 SMS and Text Message Consent

By providing your mobile phone number through the Platform and opting in to receive text messages, you expressly consent to receive autodialed and/or prerecorded text messages from ClinicTitan and the applicable Tenant Operator at the mobile phone number you provide, as permitted by the Telephone Consumer Protection Act, 47 U.S.C. § 227, and applicable FCC regulations. Messages may include appointment reminders, prescription and order status updates, shipping notifications, account security alerts, refill reminders, follow-up care notifications, and other communications related to services you receive through the Platform.

Consent is not required as a condition of purchase. You are not required to consent to receive text messages in order to purchase any goods or services through the Platform.

Message frequency varies based on your healthcare activity and the Tenant Operator's communication settings. Message and data rates may apply.

Opt-out: You may opt out of non-essential text messages at any time by replying STOP to any message or by adjusting your communication preferences in your account settings. After you opt out, you may receive a single confirmation message. Opting out of transactional messages related to active healthcare services (such as prescription status notifications or security alerts) may require account deactivation. See our Privacy Policy for additional details.

Help: Reply HELP to any message for assistance.

6.6 No Emergency Services

  • The Platform is not designed for medical emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately.

  • The Platform is not a substitute for emergency medical services, and neither ClinicTitan nor any Tenant Operator guarantees the availability of services at any particular time.

7. Intellectual Property

7.1 ClinicTitan IP

The Platform, including its software, algorithms, user interface, design, documentation, trade names, trademarks, service marks, logos, and all related intellectual property rights, are and shall remain the exclusive property of ClinicTitan or its licensors. Nothing in these Terms grants you any right, title, or interest in the Platform's intellectual property, except for the limited license granted in Section 4.1.

7.2 Tenant Operator Data

Tenant Operators retain all right, title, and interest in and to the data they and their patients submit to the Platform ("Tenant Data"). ClinicTitan does not claim ownership of Tenant Data. ClinicTitan's use of Tenant Data is limited to providing the Services, as further described in the Privacy Policy and any applicable BAA.

7.3 Feedback

If you provide suggestions, ideas, or feedback regarding the Services ("Feedback"), you grant ClinicTitan a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, modify, and incorporate such Feedback into the Services without obligation to you.

7.4 DMCA / Copyright Complaints

If you believe that content on the Platform infringes your copyright, please send a written notice to our designated agent at support@clinictitan.com including:

  • A description of the copyrighted work you claim has been infringed

  • A description of the location of the infringing material on the Platform

  • Your contact information

  • A statement that you have a good-faith belief that the use is not authorized

  • A statement, under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf

  • Your physical or electronic signature

8. Third-Party Services

The Platform integrates with third-party services, including healthcare provider networks, pharmacy fulfillment partners, payment processors, and analytics providers. Your use of third-party services is subject to the terms and policies of those third parties. ClinicTitan is not responsible for the practices, content, or availability of third-party services.

9. Disclaimers

9.1 "As-Is" Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Medical Warranty

CLINICTITAN DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MEDICAL INFORMATION, CLINICAL DECISION SUPPORT, OR HEALTHCARE SERVICES AVAILABLE THROUGH THE PLATFORM. CLINICTITAN IS NOT RESPONSIBLE FOR ANY HEALTH DECISIONS MADE BASED ON INFORMATION PROVIDED THROUGH THE PLATFORM.

9.3 Availability

CLINICTITAN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SERVICE LEVELS FOR TENANT OPERATORS ARE GOVERNED BY THE APPLICABLE SERVICE LEVEL AGREEMENT, IF ANY.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

10.1 Exclusion of Consequential Damages

IN NO EVENT SHALL CLINICTITAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF CLINICTITAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

CLINICTITAN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO CLINICTITAN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

10.3 Exceptions

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) CLINICTITAN'S OBLIGATIONS UNDER ITS BUSINESS ASSOCIATE AGREEMENTS, INCLUDING BUT NOT LIMITED TO OBLIGATIONS REGARDING BREACHES OF UNSECURED PHI AND NOTIFICATION REQUIREMENTS UNDER 45 CFR §§ 164.400--164.414; (B) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 11; (C) LIABILITY ARISING FROM WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD; (D) CLINICTITAN'S OBLIGATIONS UNDER HIPAA, THE HITECH ACT, OR APPLICABLE STATE HEALTH INFORMATION PRIVACY LAWS; (E) LIABILITY FOR VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. § 227); OR (F) ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

10.4 Basis of the Bargain

YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND CLINICTITAN AND THAT CLINICTITAN WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.

11. Indemnification

11.1 Tenant Operator Indemnification

If you are a Tenant Operator, you agree to indemnify, defend, and hold harmless ClinicTitan and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Platform, including the delivery of healthcare services through the Platform

  • Your violation of these Terms, any applicable law, or any third-party right

  • Any claim by a Patient or third party related to the healthcare services you provide

  • Your failure to comply with HIPAA or other applicable healthcare regulations

  • Any claim arising from the acts or omissions of healthcare providers or staff you authorize to use the Platform

  • Any misrepresentation or breach of any representation or warranty you make under these Terms

11.2 Patient Indemnification

If you are a Patient, you agree to indemnify and hold harmless ClinicTitan from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising directly from your knowing provision of materially false or misleading medical information through the Platform that results in a third-party claim against ClinicTitan. This indemnification obligation does not apply to: (a) claims arising from ClinicTitan's own negligence, willful misconduct, or breach of these Terms; (b) claims arising from the actions or omissions of Tenant Operators or their healthcare providers; (c) claims arising from defects or errors in the Platform; or (d) claims relating to the quality or outcome of healthcare services. Nothing in this Section creates an obligation for Patients to indemnify ClinicTitan for claims arising from the delivery of healthcare services, clinical decisions, or treatment outcomes.

12. Termination

12.1 By You

You may stop using the Services at any time. Tenant Operators may terminate their service agreement in accordance with the terms of their Master Service Agreement.

12.2 By ClinicTitan

ClinicTitan may suspend or terminate your access to the Services at any time, with or without cause, upon notice to you. We will endeavor to provide reasonable notice except where immediate action is necessary to protect the security or integrity of the Platform, comply with legal requirements, or prevent harm to other users.

12.3 Effect of Termination

Upon termination:

  • Your right to use the Services ceases immediately

  • ClinicTitan will retain data as required by applicable law and regulation (see Privacy Policy, Section 6 --- Data Retention)

  • For Tenant Operators, data export provisions are governed by the Master Service Agreement and the BAA. ClinicTitan will return or destroy PHI in accordance with the BAA and 45 CFR § 164.504(e)(2)(ii)(J), subject to any exceptions permitting retention

  • Sections 5.2 (HIPAA Compliance), 7 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Dispute Resolution), and 14 (General Provisions) of these Terms survive termination, along with any other provisions that by their nature are intended to survive

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

13.2 Informal Resolution

Before initiating formal proceedings, you agree to contact ClinicTitan at support@clinictitan.com and attempt to resolve any dispute informally for at least thirty (30) days.

13.3 Jurisdiction and Venue

Any dispute not resolved informally shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware. You consent to the personal jurisdiction of such courts and waive any objection to venue.

13.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND CLINICTITAN EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Exceptions: This class action waiver and jury trial waiver do not apply to: (a) claims brought by Patients related to the delivery of healthcare services, to the extent such waiver is prohibited by applicable law; (b) claims for injunctive or other equitable relief related to the unauthorized disclosure of PHI or a breach of a Business Associate Agreement; (c) claims arising under state consumer protection statutes that prohibit class action waivers; or (d) any claims where a class action waiver or jury trial waiver is prohibited by applicable federal or state law, including but not limited to claims arising under HIPAA, state health information privacy laws, or state patient protection statutes. If a court of competent jurisdiction determines that any portion of this class action waiver is unenforceable as to a particular claim, that claim (and only that claim) shall be severed and may proceed in court, while the remaining claims shall continue to be subject to this Section.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, Cookie Policy, HIPAA Business Associate Privacy Statement, and any applicable Master Service Agreement, MSO Agreement, or Business Associate Agreement, constitute the entire agreement between you and ClinicTitan regarding the Services and supersede all prior agreements and understandings. Each of these documents is incorporated herein by reference.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

The failure of ClinicTitan to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without ClinicTitan's prior written consent. ClinicTitan may assign these Terms without restriction.

14.5 Notices

Notices to ClinicTitan should be sent to support@clinictitan.com. Notices to you will be sent to the email address associated with your account or, for Website visitors, posted on the Website.

14.6 Force Majeure

ClinicTitan shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet or telecommunications failures, or third-party service outages.

14.7 Modifications to Terms

ClinicTitan reserves the right to modify these Terms at any time. Material changes will be communicated with at least thirty (30) days' notice by posting the updated Terms on the Website and, for Tenant Operators, by email notification. Your continued use of the Services after the effective date of modified Terms constitutes acceptance of the modifications.

14.8 Modifications to Services

ClinicTitan reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will endeavor to provide Tenant Operators with reasonable advance notice of material changes to the Platform.

15. Contact Us

If you have questions about these Terms, please contact us:

ClinicTitan, Inc.

Legal Department

12900 Metcalf Avenue, Suite 140

Overland Park, KS 66213

Email: support@clinictitan.com

Website: clinictitan.com/contact