Terms of Service
Effective Date: September 21, 2026 | ClearMD Solutions LLC
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of MDM Clarity, a clinical documentation assistance tool operated by ClearMD Solutions LLC ("ClearMD," "we," "us," or "our"). By accessing or using MDM Clarity, you agree to be bound by these Terms. If you do not agree, do not use the service.
You specifically acknowledge and agree to Section 6 (Protected Health Information — Prohibited), Section 11 (Limitation of Liability), and Section 12 (Indemnification). Each submission you make to the service constitutes a renewed agreement to these Terms as then posted.
2. Description of Service
MDM Clarity is an AI-powered documentation assistance tool that analyzes physician and clinician Assessment and Plan notes against CMS 2021+ Medical Decision Making (MDM) guidelines. The service returns documentation analysis, optimization suggestions, and copy-ready clinical language to assist with documentation clarity and billing compliance.
MDM Clarity is currently offered as a free beta service. Features, availability, and terms may change as the product evolves.
3. Not Medical or Legal Advice
MDM Clarity is a documentation assistance tool only. It does not provide medical advice, clinical diagnoses, treatment recommendations, or legal advice. All output generated by MDM Clarity:
- Is intended to assist with documentation clarity only
- Does not constitute a guarantee of billing level, reimbursement, or audit protection
- Must be reviewed and verified by the treating clinician before use
- Does not replace professional judgment, compliance review, or legal counsel
You are solely responsible for all clinical documentation, billing determinations, and compliance decisions made in connection with your use of this service.
4. Eligibility
MDM Clarity is intended for use by licensed healthcare clinicians including physicians, nurse practitioners, physician assistants, and other qualified healthcare providers practicing in the United States. By using the service, you represent that you are a licensed healthcare professional.
5. Account Access
Access to MDM Clarity is granted upon approval of an access request. You are responsible for maintaining the confidentiality of your account credentials, agree not to share them with unauthorized users, and agree to notify us promptly of any unauthorized use of your account. ClearMD reserves the right to suspend or revoke access at any time and for any reason without notice.
6. Protected Health Information — Prohibited
MDM Clarity is not designed, intended, or authorized to receive Protected Health Information ("PHI"). Do not enter PHI into the service. MDM Clarity is built for de-identified Assessment and Plan text only. Prohibited information includes but is not limited to:
- Patient names or initials
- Dates of birth, ages over 89, and any date tied to an individual patient — including dates of service, admission, discharge, or death
- Medical record numbers, account numbers, and health plan or insurance identifiers
- Social Security numbers
- Addresses, phone numbers, email addresses, or geographic detail more specific than a state
- Biometric identifiers, full-face photographs, and device or serial numbers
- Any other information that could reasonably be used, alone or in combination, to identify a specific individual
Your representation and warranty. By accessing or using MDM Clarity, you represent, warrant, and agree that you will submit only de-identified text and that you will not submit PHI or any information that could reasonably be used to identify an individual. This obligation applies to every submission, each and every time you use the service.
No business associate relationship. ClearMD Solutions LLC is not a HIPAA business associate of any user, covered entity, employer, or organization. ClearMD does not execute Business Associate Agreements and has not agreed to create, receive, maintain, or transmit PHI on behalf of any covered entity. No use of the service, course of dealing, or conduct by either party creates a business associate relationship, and nothing in these Terms may be construed as consent to receive PHI.
Sole responsibility. You are solely responsible for your own compliance with HIPAA, the HITECH Act, applicable state privacy law, and the policies of your employer or institution. If you submit PHI in violation of these Terms, you do so entirely at your own risk and are solely responsible for any resulting breach analysis, breach notification, regulatory reporting, investigation, penalty, fine, or claim. ClearMD disclaims all liability arising from or relating to any submission of PHI by you.
Automated screening is a convenience, not a guarantee. MDM Clarity may attempt to detect and flag text that resembles patient-identifying information. Any such screening is best-effort, is provided solely as a convenience, and is not guaranteed to detect all PHI. The absence of a warning is not a determination that your text is de-identified, and you may not rely on it as one. Reviewing and de-identifying your text before submission remains solely your responsibility.
Enforcement. ClearMD may suspend or terminate your access immediately and without notice if we reasonably believe you have submitted PHI or otherwise breached this section.
7. Data and Privacy
Notes and clinical text submitted to MDM Clarity are processed in real time and are never stored, saved, or logged on our servers. For details on how we handle your personal information, please review our Privacy Policy.
8. Intellectual Property
MDM Clarity, including its underlying prompt architecture, clinical reasoning framework, and all associated software, is the intellectual property of ClearMD Solutions LLC. All rights reserved. Patent pending.
You may not copy, reproduce, reverse engineer, or attempt to extract the underlying methodology or prompt architecture of MDM Clarity.
9. Acceptable Use
You agree not to:
- Use MDM Clarity to knowingly submit false or fabricated clinical documentation
- Use the service to intentionally upcode or commit billing fraud
- Attempt to reverse engineer, scrape, or extract the underlying AI prompt architecture
- Share your account credentials with unauthorized users
- Use the service for any unlawful purpose
10. Disclaimer of Warranties
MDM Clarity is provided "as is" and "as available" without warranties of any kind, express or implied. ClearMD does not warrant that the service will be uninterrupted, error-free, or that any particular billing level will be supported or defensible upon audit. Use of the service is at your own risk.
11. Limitation of Liability
To the fullest extent permitted by law, ClearMD Solutions LLC shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to your use of MDM Clarity — including but not limited to billing errors, audit findings, claim denials, regulatory penalties, breach-notification costs, lost revenue, or documentation-related losses — even if ClearMD has been advised of the possibility of such damages.
To the fullest extent permitted by law, ClearMD's total aggregate liability for all claims arising out of or relating to these Terms or your use of MDM Clarity shall not exceed the greater of (a) the total amount you paid ClearMD for the service in the twelve months preceding the event giving rise to the claim, or (b) one hundred United States dollars ($100).
12. Indemnification
You agree to defend, indemnify, and hold harmless ClearMD Solutions LLC and its owners, officers, employees, and agents from and against any and all claims, demands, investigations, enforcement actions, proceedings, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your submission of Protected Health Information or any patient-identifying information to MDM Clarity;
- Your breach of these Terms, including Section 6;
- Your violation of HIPAA, the HITECH Act, or any other applicable law, regulation, or institutional policy; or
- Any clinical, coding, billing, or documentation decision you make in connection with your use of the service.
This indemnification does not apply to claims arising solely from ClearMD's gross negligence or willful misconduct.
13. Changes to Terms
ClearMD reserves the right to modify these Terms at any time. Continued use of the service after changes constitutes acceptance of the updated Terms. We will notify users of material changes via email where possible.
14. Governing Law
These Terms are governed by the laws of the State of Georgia, United States, without regard to conflict of law principles.
15. Survival
Sections 3 (Not Medical or Legal Advice), 6 (Protected Health Information), 8 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law) survive any termination or expiration of these Terms or of your access to MDM Clarity.