PLEASE READ THESE TERMS CAREFULLY. THEY GOVERN YOUR USE OF THE CLEAR CONSENT WEBSITE AND SERVICES.
These Terms and Conditions (“Terms”) govern your use of the Clear Consent Limited (“Clear Consent”, “we”, “us”, or “our”) website and associated software services. Clear Consent Limited is a company registered in England and Wales (Company No. 16233659) with its registered address at 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF.
By using our website, services, or software (“Services”), you agree to comply with and be bound by these Terms. If you do not agree, you must not use our Services.
These Terms, together with any related Order Forms, subscription details, Privacy Policy, Data Processing Agreement (where applicable), or other written agreements between the parties, form a binding legal contract between Clear Consent and you, the Customer. If you use the platform on behalf of an organisation, you confirm that you have authority to enter into this contract on its behalf.
Account: Your registered user profile on our platform.
Application: Our software accessible via the Website or app-enabled Device.
Authorised User: Any individual granted access to use the Services under a Customer’s account.
Content: Information uploaded, input, submitted, stored, transmitted or generated through the Services, including text, images, videos, audio and patient data.
Customer: The individual or organisation that enters into a subscription or order agreement with Clear Consent.
Customer Data: Any data, including personal data, submitted by or on behalf of the Customer or its Authorised Users through the Services.
Data Processing Agreement or DPA: The Data Processing Agreement forming part of the contractual arrangements between the parties and governing the processing of personal data by Clear Consent on behalf of the Customer.
Device: A tablet, phone, computer or other internet-enabled hardware capable of accessing our Services.
Order Form: Any order, proposal, quotation, subscription confirmation or similar document setting out the commercial terms on which the Services are provided.
Services: The Clear Consent website, software platform and associated services made available by us from time to time.
Third-Party AI Services: Artificial intelligence services, models or tools integrated into or made available through our platform, including services provided by third parties such as OpenAI and Synthesia.
User / you / your: The individual or organisation using the Services.
Website: Our main online platform at www.clearconsent.co.uk.
Subject to these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence during the subscription term to access and use the Services for your internal business purposes.
You must not, and must not permit any third party to:
You are responsible for all use of the Services under your Account, including use by your Authorised Users, and for ensuring that all Authorised Users comply with these Terms.
You may be required to create an Account to access the Services. You agree to:
We may suspend or restrict access to any Account where we reasonably believe there is suspicious activity, unauthorised use, breach of these Terms, non-payment, security risk, or risk of harm to the Services, other users, or third parties.
Customers are responsible for informing their Authorised Users of all policies and settings that affect their use of the platform, including how consent data, avatars, scripts and content are created, stored, processed and managed.
Use of the Services requires a paid subscription unless expressly stated otherwise.
Subscription plans may be offered on a monthly, annual, multi-seat or bespoke basis. Pricing details are published on our Website or set out in an applicable Order Form and are exclusive of VAT unless stated otherwise.
Payments are processed via a secure third-party payment provider. Clear Consent does not store your full card details.
For auto-renewing subscriptions, you authorise us to collect payment at the billing interval stated at the time of purchase. If payment is not successfully collected, we may suspend access to the Services until payment is made. Failed payments may incur a £10 administrative fee where reasonably incurred.
Monthly subscription users may cancel at any time. Cancellation will take effect at the end of the current billing period, and no further recurring charges will be taken after that date.
Annual subscriptions are a fixed 12-month commitment. If cancelled during the annual term, the subscription will continue until the end of that term and no refund will be given unless expressly stated otherwise. Payment obligations are non-cancellable and fees paid are non-refundable, except where required by law or expressly agreed by us in writing.
Where Services are provided under an Order Form, multi-seat arrangement or bespoke commercial agreement, the terms of that arrangement will apply in addition to these Terms. In the event of conflict, the Order Form or bespoke written agreement will prevail to the extent of the inconsistency.
We may change subscription pricing on notice. Any price change will apply from the next renewal term unless otherwise stated.
6.1 Monthly and Annual Plans
Monthly users may cancel at any time, with cancellation taking effect at the end of the current billing cycle. Annual subscriptions remain committed for the full 12-month term and are non-refundable during that period.
6.2 Access After Cancellation
Following expiry or cancellation of a subscription, we may, at our discretion, allow limited read-only access to historical consent records or account information for a limited period. New patient interactions, new workflows, new content generation and active use of the Services may be restricted or disabled unless the subscription is reactivated.
We do not guarantee indefinite retention of Customer Data following termination or expiry. Customers are responsible for exporting or retrieving any data they require before the end of any access period.
You warrant, represent and undertake that:
You retain ownership of your Customer Data. You grant Clear Consent a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process, display and otherwise use Customer Data only to the extent necessary to provide, maintain, secure, support and improve the Services, and to comply with legal obligations.
We may remove, disable or restrict access to any Content or Customer Data, or suspend access to the Services, where we reasonably believe there is misuse, legal non-compliance, infringement of rights, risk to the platform, risk to patients, risk to users, or risk to third parties.
For the purposes of applicable data protection law, including the UK GDPR and the Data Protection Act 2018:
The Customer is responsible for ensuring that it has all necessary lawful bases, privacy notices, consents and permissions required for the processing of personal data through the Services.
Clear Consent will process personal data on the documented instructions of the Customer, subject to applicable law, these Terms, and the DPA.
Where Clear Consent processes personal data on behalf of the Customer, the parties agree that the Data Processing Agreement forms part of these Terms and is incorporated by reference. By accepting these Terms, the Customer also agrees to the Data Processing Agreement.
The Customer acknowledges and agrees that Clear Consent may use sub-processors, including hosting, infrastructure, analytics, communications and AI service providers, where reasonably required to provide the Services, subject to appropriate contractual protections.
Clear Consent and its licensors own and retain all intellectual property rights in and to the Services, Website, software, source code, object code, user interface, platform design, branding, logos, templates, training materials, documentation, functionality, features, and all related improvements, enhancements, adaptations and derivative works, excluding Customer Data.
Nothing in these Terms transfers ownership of any intellectual property rights from one party to the other except as expressly stated.
You retain ownership of your Customer Data and any materials uploaded by you. However, you grant us the rights set out in these Terms to use such materials for the purpose of providing the Services.
You must not reproduce, modify, adapt, distribute, publish, sell, license, or exploit any part of the Services except as expressly permitted by these Terms or with our prior written consent.
We implement reasonable and appropriate technical and organisational measures designed to protect the security, confidentiality and integrity of data processed through the Services, including measures such as access controls, encryption where appropriate, and service monitoring.
However, no platform, transmission method, storage system or internet-based service is completely secure or uninterrupted. You acknowledge that use of the Services involves these inherent risks.
You are responsible for:
While we may operate backup and recovery procedures, we do not guarantee that Customer Data will be free from loss, corruption, destruction, interception, unauthorised access or delay.
Our handling of personal data is described in our Privacy Policy, available at www.clearconsent.co.uk/privacy-policy. By using the Services, you acknowledge that personal data will be processed in accordance with that policy, these Terms, and where applicable the DPA.
Clear Consent provides administrative, communication and workflow tools only. Clear Consent does not provide medical or dental advice, diagnosis, treatment planning, or clinical recommendations.
The Customer and its clinicians retain full responsibility at all times for:
Where the Services integrate Third-Party AI Services:
Clear Consent does not warrant or guarantee the accuracy, completeness, legality, clinical suitability or regulatory compliance of any AI-generated output or third-party AI functionality.
Nothing in these Terms excludes or limits liability for:
Subject to the above, and to the fullest extent permitted by law:
Subject to the above exclusions and limitations, our total aggregate liability arising out of or in connection with the Services or these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total subscription fees actually paid by the Customer to Clear Consent in the 12 months immediately preceding the event giving rise to the claim.
We may suspend, restrict or terminate your access to the Services:
On termination or expiry:
You agree to indemnify and keep indemnified Clear Consent, its officers, employees, contractors and affiliates from and against all losses, liabilities, damages, costs, expenses and claims (including reasonable legal fees) arising out of or in connection with:
We may update these Terms from time to time. Where changes are material, we will take reasonable steps to notify you, including by email, in-platform notification or publication on the Website.
The updated Terms will take effect from the date stated in the notice or, if no date is stated, from the date of publication. Your continued use of the Services after that date constitutes acceptance of the updated Terms.
These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.
These Terms, together with any applicable Order Form, subscription confirmation, Privacy Policy and Data Processing Agreement, constitute the entire agreement between the parties and supersede any prior discussions, proposals or understandings relating to the Services.
For support or queries, contact us at: admin@clearconsent.co.uk