Terms of Service

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and HIPAA Notice. If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity. If you do not agree, you must not use the Service.

Klinoa provides a cloud-based clinic management platform that includes scheduling, patient records, intake forms, AI-assisted clinical note drafting, SMS/email communications, and related administrative tools. The Service is delivered as software-as-a-service and requires an active internet connection.

We may modify, suspend, or discontinue features at any time. Material changes that adversely affect your use will be communicated by email at least thirty (30) days in advance where reasonably practicable.

You must be at least 18 years old and legally capable of forming a binding contract to use the Service. The Service is intended for licensed healthcare providers, administrative staff acting on their behalf, and clinics. By signing up you represent that any clinical use complies with applicable scope-of-practice, licensing, and patient care regulations in your jurisdiction.

You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at support@setucare.com of any unauthorized use. We are not liable for losses caused by unauthorized use that you fail to promptly report.

Each individual user must have their own login. Sharing credentials across providers is prohibited and may result in suspension.

New accounts may receive a fourteen (14) day free trial of a paid plan, no payment method required. At the end of the trial, the Service will require a paid subscription to continue. Data created during the trial remains accessible for thirty (30) days after trial expiration; thereafter it may be deleted.

Subscription fees are listed at klinoa.com/pricing and are billed in advance on a monthly or annual basis through our payment processor, Stripe, Inc. (“Stripe”). SetuCare LLC is the merchant of record. You authorize Stripe and us to charge your payment method for all fees, applicable taxes, and any overage charges. Failed payments may result in suspension of the Service after seven (7) days' notice.

Fees are exclusive of taxes unless stated otherwise. You are responsible for any applicable sales, use, value-added, or similar taxes.

You may upgrade, downgrade, or cancel your subscription at any time from the billing settings or by contacting support@setucare.com. Cancellations take effect at the end of the current billing period; we do not provide pro-rated refunds for partial months. Annual subscriptions are non-refundable except as required by law or where we materially fail to provide the Service.

Certain features (including SOAP note drafts and intake summarization) use third-party large language models, including Anthropic's Claude. AI output is generated programmatically and is provided as a draft only. You are solely responsible for reviewing, editing, and validating any AI-generated content before relying on it for clinical decisions or entering it into a patient record. Klinoa does not warrant accuracy, completeness, or medical appropriateness of AI output and disclaims all liability for clinical decisions made in reliance on it.

We do not use customer-submitted PHI to train AI models. Inputs and outputs are processed under our subprocessors' Business Associate Agreements where applicable.

You will not, and will not permit any user to:

• violate any applicable law, regulation, or third-party right;
• use the Service to transmit malware or interfere with its operation;
• attempt to reverse engineer, decompile, or extract source code from the Service except as expressly permitted by law;
• circumvent rate limits, authentication, or access controls;
• send unsolicited marketing messages (spam), fraudulent communications, or content that violates TCPA, CAN-SPAM, or similar laws;
• resell, rent, or sublicense the Service without our written consent.

The Service, including all software, design, branding, and documentation, is owned by SetuCare LLC and protected by copyright, trademark, and other intellectual property laws. We grant you a non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

You retain all rights to data you submit (“Customer Data”), and you grant us a limited license to host, process, and display Customer Data solely to provide and improve the Service.

You are the data controller of Customer Data, including any Protected Health Information (“PHI”) as defined under HIPAA. We act as your data processor and Business Associate. We will only access, use, or disclose PHI as permitted by these Terms, our Business Associate Agreement, and applicable law.

You may export your Customer Data at any time in CSV or JSON format. Upon termination, you have thirty (30) days to export data, after which it will be deleted from production systems within sixty (60) days and from backups within twelve (12) months.

Klinoa offers a Business Associate Agreement (“BAA”) consistent with 45 CFR Parts 160 and 164 to all paid customers handling PHI. Our BAA is incorporated by reference once executed and prevails over these Terms with respect to PHI. Request a BAA at support@setucare.com or see our HIPAA Notice.

The Service integrates with third-party providers (Supabase, Vercel, Stripe, Twilio, Anthropic, Brevo, Cloudflare, AWS). Your use of those services is governed by their respective terms. We are not responsible for the availability or performance of third-party services beyond our control.

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or free from harmful components.

The Service is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease. All clinical decisions remain the sole responsibility of licensed healthcare providers.

To the maximum extent permitted by law, in no event will SetuCare LLC, its affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the Service. Our aggregate liability for any claim shall not exceed the greater of (a) the fees you paid us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred US dollars ($100).

You agree to defend, indemnify, and hold harmless SetuCare LLC and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Service in violation of these Terms or applicable law; (b) Customer Data or content you submit; or (c) your violation of any third-party right, including any patient's right of privacy.

You may terminate your account at any time. We may suspend or terminate your access for (i) material breach of these Terms; (ii) non-payment after notice; (iii) activity that we reasonably believe creates legal or security risk; or (iv) discontinuation of the Service. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive termination.

We may update these Terms from time to time. Material changes will be communicated by email to the address on file at least thirty (30) days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws principles. The exclusive venue for any legal action not subject to arbitration is the state and federal courts located in Travis County, Texas, and you consent to personal jurisdiction there.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted in Austin, Texas, in English. Either party may seek injunctive relief in a court of competent jurisdiction for intellectual property infringement or unauthorized access to the Service. You and Klinoa each waive the right to a jury trial and to participate in class actions.

These Terms, together with the Privacy Policy, HIPAA Notice, and any executed BAA, constitute the entire agreement between you and Klinoa. If any provision is held unenforceable, the remaining provisions remain in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign without our written consent. Our failure to enforce a right is not a waiver. Notices to Klinoa must be sent to support@setucare.com.

SetuCare LLC dba Klinoa
Austin, Texas, USA
support@setucare.com