Terms & Conditions

1. Acceptance of Terms

By accessing or using The Clark Technique platform ("Service"), you agree to be bound by these Terms & Conditions ("Terms") and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you may not access or use the Service. Your continued use of the Service following any changes to these Terms constitutes your acceptance of the revised Terms.

2. Account Registration

To use the Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activity that occurs under your account
• Notify us immediately of any unauthorized use of your account

You must be at least 18 years of age to create an account and use the Service.

3. Use of Services

You agree to use the Service only for lawful purposes. You agree not to:

• Misuse or abuse the platform, its features, or other users
• Attempt unauthorized access to any part of the system or another user's account or health data
• Interfere with or disrupt system operations or servers
• Attempt to reverse-engineer or extract proprietary code or data
• Use automated tools to scrape, spam, or exploit the platform
• Upload documents containing health information belonging to another person without that person's explicit consent
• Transmit malicious code, viruses, or harmful content

Violation of these terms may result in immediate account suspension or termination without notice.

4. Health & Wellness Disclaimer

This information:

• Is not intended to diagnose, treat, cure, or prevent any disease or medical condition
• Is not a substitute for professional medical advice, diagnosis, or treatment
• Should not be used to make decisions about medications, medical procedures, or clinical interventions
• May not be accurate for individuals with specific medical conditions, dietary restrictions, or complex health histories
• Reflects general population reference ranges that may not apply to your specific situation

Always consult a qualified healthcare professional before making significant changes to your diet, exercise routine, or health practices — particularly if you have or suspect a medical condition, are pregnant, nursing, or taking prescription medications.

AI-generated nutritional estimates and lab interpretations are approximations only and should not be relied upon for clinical dietary management or medical decision-making.

5. HIPAA & Health Data Terms

a. Your Authorization

By uploading lab reports, logging health metrics, or using AI-powered health analysis features, you expressly authorize The Clark Technique to:

• Store and process your health documents and metric data on secure, encrypted servers
• Share your health data with your assigned coach(es) for the purpose of delivering coaching services
• Use AI analysis tools (subject to a HIPAA Business Associate Agreement) to parse and extract health metrics from uploaded documents
• Maintain audit logs of all access to your health data as required by HIPAA

b. Coach Access to Your Health Data

Coaches assigned to your account will have access to your health metrics, lab results, and uploaded documents for the purpose of providing coaching services. You may revoke a coach's access at any time by contacting support. Coach access is automatically revoked upon termination of the coaching relationship.

c. AI Analysis & BAA Requirement

AI-powered lab report parsing transmits health data to third-party AI providers. This feature is only enabled after a HIPAA Business Associate Agreement (BAA) has been executed with the applicable AI provider. If a BAA is not yet in place, documents will be stored securely and your coach will be notified to review manually.

d. Your HIPAA Rights

You have the right to access, correct, restrict, and receive an accounting of disclosures of your Protected Health Information. To exercise these rights, contact help@theclarktechnique.com. For violations of your health information privacy rights, you may also file a complaint with the U.S. Department of Health & Human Services.

e. Scope of HIPAA Coverage

The Clark Technique is a wellness coaching platform. We are not a covered healthcare provider, health plan, or healthcare clearinghouse. Our handling of PHI is as a Business Associate of our clients, and we treat all health data with HIPAA-compliant standards regardless of formal covered entity status.

6. Lab Reports & AI Analysis

a. Document Uploads

By uploading a lab report, wellness document, or any health record to the platform, you represent that:

• The document belongs to you or you have explicit written authorization from the subject to upload it
• You consent to AI-powered extraction of health metrics from the document
• You understand that AI extraction is automated and may contain errors

b. AI Accuracy Disclaimer

AI-extracted values are approximations. We provide tools for you to review and correct any extracted values. Corrected values are stored separately from the original AI output. You should always verify extracted values against the original document before relying on them for any purpose.

c. Historical Data

When a document contains results from multiple dates, the system will attempt to associate each result with its original collection date. You acknowledge that date attribution by AI may occasionally be incorrect and should be reviewed.

d. Document Retention

Uploaded documents are stored in encrypted cloud storage. You may delete a document at any time; however, health metric values already extracted and added to your health log will remain unless separately deleted. Document deletion does not automatically remove extracted health data from your health timeline.

7. Payments and Credits

• All purchases are final unless otherwise stated in a specific refund policy
• Credits are non-transferable between accounts and have no cash value
• Purchased credits expire after 365 days from the date of purchase
• Promotional and membership credits are subject to shorter expiration periods as disclosed at the time of issuance
• The platform reserves the right to modify pricing at any time with reasonable notice
• Payment processing is handled by secure third-party providers (Braintree/PayPal); we do not store full payment card details
• Chargebacks initiated in bad faith may result in immediate account suspension

8. Communication Consent (SMS & Email – A2P Compliance)

Program Name

Account Notifications & Service Alerts Program

Program Description

By creating an account and providing consent, you agree to receive SMS messages from The Clark Technique related to:

• Account activity and security alerts
• Bookings, check-ins, and schedule changes
• Billing events and credit transactions
• Lab report upload notifications and coach review alerts
• Important service updates

Consent Statement

Your consent to receive SMS messages is not a condition of purchase or use of the Service. You may opt out at any time without affecting your account access.

Email Communications

You also consent to receive transactional email communications including booking confirmations, billing receipts, lab review notifications, and account notifications. These are service-related and not promotional unless explicitly stated.

9. Intellectual Property

All content, features, and functionality of the Service — including but not limited to software, text, graphics, logos, icons, images, audio clips, and the overall design — are owned by or licensed to The Clark Technique and are protected by United States and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your personal wellness coaching purposes. You may not:

• Copy, reproduce, distribute, or create derivative works based on any part of the Service
• Use the Service for commercial purposes without our written consent
• Remove or alter any proprietary notices or labels on the Service
• Frame or mirror any portion of the Service without our prior written consent

Your health data and documents belong to you. We claim no ownership over health information you submit, upload, or log. You grant us a limited license to process and store this data solely to provide the Service.

10. Service Availability

We strive to provide a reliable, high-quality platform. However, we do not guarantee uninterrupted service and reserve the right to:

• Perform scheduled or emergency maintenance
• Update, modify, or add features at any time
• Modify or discontinue any portion of the Service with reasonable notice

We will make reasonable efforts to notify users of significant changes or planned downtime in advance.

11. Limitation of Liability

To the fullest extent permitted by applicable law, The Clark Technique shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of data, revenue, or business opportunity
• Service interruptions or technical failures outside our reasonable control
• Actions or omissions of third-party service providers
• Health decisions made based on AI-generated interpretations or reference ranges
• Inaccuracies in AI-extracted lab values or health metric estimates
• Errors in historical date attribution for multi-date lab documents

Your use of the Service is at your sole risk. The Service is provided "as is" and "as available" without warranties of any kind, express or implied. Our aggregate liability to you for any claims arising out of or relating to these Terms or the Service shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless The Clark Technique, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of and access to the Service in violation of these Terms
• Your violation of any third-party rights, including health information privacy rights of other individuals
• Uploading health documents belonging to another person without their authorization
• Any content you submit, post, or transmit through the Service
• Your violation of any applicable law or regulation

13. Termination

We reserve the right to suspend or terminate your account at our discretion if you:

• Violate any provision of these Terms
• Engage in fraudulent, abusive, or harmful activity
• Fail to pay for services or initiate chargebacks in bad faith
• Attempt to access another user's health data without authorization

You may request account deletion by contacting us at help@theclarktechnique.com. Deletion is subject to data retention requirements described in our Privacy Policy, including HIPAA-required audit log retention of 6 years.

Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, limitation of liability, indemnification, and dispute resolution.

14. Dispute Resolution & Arbitration

Please read this section carefully. It affects your legal rights.

a. Informal Resolution First

Before initiating any formal dispute, you agree to contact us at help@theclarktechnique.com and provide a written description of the dispute. We will attempt to resolve the dispute informally within 30 days of receiving your notice.

b. Binding Arbitration

If the dispute cannot be resolved informally, you and The Clark Technique agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the Service through binding individual arbitration — not in a class action, and not in court — except as set out below.

Arbitration shall be conducted by a mutually agreed arbitration service under its then-current rules. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

c. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and The Clark Technique individually. To the fullest extent permitted by law, you waive the right to participate in a class action lawsuit or class-wide arbitration.

d. Exceptions

Nothing in this section prevents either party from seeking emergency or temporary injunctive relief from a court of competent jurisdiction where necessary to prevent irreparable harm, or from bringing a claim in small claims court for disputes within that court's jurisdiction.

15. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration under Section 14, you agree to submit to the exclusive jurisdiction of the state and federal courts located in California for resolution of such dispute.

If you are accessing the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

16. Changes to Terms

These Terms may be updated at any time. We will post the revised Terms on this page with an updated effective date. Where changes are material — particularly those affecting health data handling, arbitration, or liability — we will provide notice via email or a platform notification at least 14 days before the changes take effect.

Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.

17. Contact Information