The act of using our platform indicates that users are in agreement with and bound by the entirety of our terms of service.
This Subscription Agreement (the "Agreement") constitutes a legally binding contract between you, whether you are acting on your own behalf or on behalf of an entity ("you" or "User"), and Savvy Nerds Enterprise doing business as Clinic Comrade - Business Profit Engine ("Clinic Comrade," "we," "us," or "our"). This Agreement governs your access to and utilization of the Clinic Comrade - Business Profit Engine software (the "Software"). By signing up to use our Software, you acknowledge that you have read, comprehended, and consent to be bound by these terms and conditions. If you disagree with these terms, please do not proceed with the Software sign-up process.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.
Clinic Comrade reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.
We reserve the right, at our sole discretion, to modify or update these terms and conditions at any time and for any reason. You will be informed of any changes through updates to the "Last Updated" date. It is your responsibility to review this Agreement regularly. Your continued utilization of the Software following any revisions indicates your acceptance of the updated terms.
The Software is designed for users who are at least 18 years old. Individuals under 18 are not allowed to use or register for the Software. If you are accessing the Software from a jurisdiction where such access violates local laws or regulations, it is your responsibility to comply with applicable legal requirements.
Fees. Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.
No Refunds or Credits:
No Refunds or Credits Except as described below, all Fees assessed by Clinic Comrade are non-refundable. You are solely responsible for any excess Fees incurred by you as a result of an error or omission made by you or a third party. Clinic Comrade does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, Clinic Comrade reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and Clinic Comrade's determination of if and when to issue or deny a refund or credit is final.
Overdue Amounts:
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
All rights to the Software and its content, including text, images, software, and trademarks, are owned by Savvy Nerds Enterprise doing business as Clinic Comrade - Business Profit Engine and are protected by copyright and trademark laws. Except as expressly permitted in this Agreement, no part of the Software or its content may be utilized, reproduced, or distributed without our prior written consent.
By using the Software, you affirm and warrant that:
You have the legal capacity to enter into this Agreement and agree to abide by its terms.
You are of legal age in your jurisdiction.
You will not use automated or non-human methods to access the Software.
You will not employ the Software for illegal or unauthorized purposes.
Your use of the Software will not violate any applicable laws.
You agree that we may suspend or terminate your account if you provide false, inaccurate, or incomplete information.
Prohibited Uses The following actions are considered Prohibited Uses of the Platform. Engaging in any Prohibited Use constitutes a material breach of this Agreement, for which Clinic Comrade Business Profit Engine may immediately suspend or terminate your Platform Account in accordance with these Terms:
Use of the Platform in any manner that violates any applicable law or regulation.
Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
Use of the Platform to transmit or procure the sending of any unlawful advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
Impersonating or attempting to impersonate Clinic Comrade Business Profit Engine, a Clinic Comrade Business Profit Engine employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.
Engaging in any conduct that, as determined by Clinic Comrade Business Profit Engine, may harm Platform users or Clinic Comrade Business Profit Engine, or expose either to liability.
Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real-time activities through the Platform.
Use of any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Clinic Comrade Business Profit Engine's prior written consent.
Use of any device, software, or routine that interferes with the proper working of the Platform.
Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.
Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempting to interfere with the proper working of the Platform.
The Platform may incorporate various communication features, including SMS, MMS, email, voice call capabilities, and other communication methods. By utilizing these features, you acknowledge and agree that you bear sole responsibility for all communications sent using the Platform. This responsibility includes ensuring compliance with all applicable laws governing such communications, such as the Telephone Consumer Protection Act ("TCPA") and the CAN-SPAM Act. You further represent and warrant that you have an understanding of these laws and will adhere to them.
Clinic Comrade is not accountable for your compliance with these laws and does not assert that your use of the Platform will automatically align with legal requirements. Clinic Comrade operates solely as a technology platform and communication service application provider. It neither originates nor sends communications via SMS, MMS, email, or any other communication method to recipients. You maintain control over message content, timing, sending, fraud prevention, and call blocking.
Any information or feedback you provide regarding the Software becomes our exclusive property. We have the right to utilize and distribute such submissions for any lawful purpose without the need for acknowledgment or compensation to you.
We reserve the right to monitor and manage the Software, including the removal or restriction of access to content, as necessary to protect our rights and maintain the Software's functionality.
Your use of the Software is subject to our Privacy Policy, which is available for review at [https://www.cliniccomrade.com/privacy-policy](https://www.cliniccomrade.com/privacy-policy). By accessing the Software, you consent to the collection and processing of your data as outlined in our Privacy Policy.
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These Terms of Use remain in effect while you use the Software. No formal contract is established, and you have the right to cancel your account at any time. However, you are responsible for third-party app fees associated with your account, including Twilio phone system fees, Mailgun email usage fees, and advertising spend budgets on platforms such as Facebook and Google. Installation fees are non-refundable. You agree to pay all fees before canceling your account. We also reserve the right to pause or cancel your account due to non-payment. In the event of non-payment, we may suspend your access to the Software until outstanding fees are settled.
We may alter, modify, or discontinue the Software at any time, without prior notice. We are not liable for any interruptions, delays, or errors resulting from maintenance or technical issues.
These Terms of Use and your use of the Software are governed by the laws of the State of Indiana, excluding any conflict of law principles.
Any legal action initiated by either party shall be pursued in the state and federal courts of Indiana, and both parties consent to such jurisdiction. Claims related to the Software must be filed within one year of the cause of action arising.
We are not responsible for typographical errors or inaccuracies within the Software. We reserve the right to correct such errors and update information without prior notice.
The Software is provided "as is" and "as available." We want to make it clear that we do not provide any warranties, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a specific purpose, and non-infringement. It's important to note that we cannot be held responsible for any errors or inaccuracies within the Software, nor can we guarantee the accuracy or quality of the content it may access or utilize. Your use of the Software is at your own risk, and we recommend exercising caution and due diligence when using and relying on its functionalities.
The results we promote are unique to each business and their marketing budget. We do not guarantee any specific results, and we will not be held liable for any lack of results arising from the user's low budget or their marketing efforts. Your business's success depends on various factors, including market conditions, competition, and the effectiveness of your marketing strategies.
We are not liable for direct, indirect, consequential, or incidental damages, including lost profits or data, arising from your use of the Software. Our liability is limited to the amount paid by you to us during the three-month period before the cause of action.
You agree to defend, indemnify, and hold us and our affiliates harmless from any claims, including legal fees, resulting from your use of the Software or violation of these Terms of Use.
You are responsible for the data you transmit through the Software. While we perform regular backups, we are not liable for data loss or corruption. You waive any claims against us for such loss or corruption.
We are not responsible for any breach of data or compromise. Users agree not to share passwords or compromise their system security. It is essential to take measures to safeguard your login credentials and maintain the security of your system.
User Liability for Adding Users: Users are liable for any actions taken when they add users to their system. We will not be held liable for the actions or consequences of users added by the account holder. It is the account holder's responsibility to ensure that added users comply with these Terms of Use and any applicable policies.
By using the Software, you agree to electronic communications and signatures for agreements, notices, and other transactions initiated through the Software.
These Terms of Use and associated policies constitute the entire agreement between you and us. Our failure to enforce any provision does not waive our rights. If any provision is deemed unenforceable, it does not affect the remaining provisions. There is no joint venture, partnership, or agency relationship between you and us.
All notices to a party shall be in writing and shall be made via email. Notices to Clinic Comrade must be sent to help@cliniccomrade.com. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective upon receipt.
Clinic Comrade may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Clinic Comrade, you can click on the "unsubscribe link" provided in such communications or contact us at compliance@cliniccomrade.com.
When you create a Platform account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. Clinic Comrade will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Clinic Comrade, do not respond to the email and notify Clinic Comrade by emailing us at help@cliniccomrade.com.
For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at help@cliniccomrade.com or by mail at:
Savvy Nerds Enterprise - (DBA Clinic Comrade Business Profit Engine)
ATTN: Legal Department
2701 Willowcreek Rd, Suite #1212 Portage, IN 46368