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Provider Terms & Conditions

Healthcare Provider Agreement, Eligibility & Legal Terms

Last Modified on August 26, 2021

Owner & Contact

Owner/Operator: Spyface Tech Company, LLC (d/b/a "ClinicBooking")

Address: 30 N Gould St Ste N, Sheridan, WY 82801, USA

1

Acceptance & Relationship

These Provider Terms & Conditions ("Provider Terms") govern your use of ClinicBooking's provider features, including profiles, listings, advertising, messaging, and related tools ("Provider Services"). By creating or claiming a provider account, signing an insertion order, or using Provider Services, you agree to these Provider Terms, our Terms of Service, Privacy Policy, Code of Conduct, and Photo & Video Policy.

Independent parties. ClinicBooking is a marketplace and communications platform—not a medical provider, referral service, or agent. No physician–patient relationship is created by our platform. You are solely responsible for your practice and clinical decisions.

2

Eligibility & Account

  • You (and your practice) are duly licensed, authorized, and insured for all jurisdictions where you offer services; promptly update license status and contact info.
  • Meet and maintain our Professional Participation criteria for relevant categories; keep credentials and board certifications accurate.
  • Protect account access with strong passwords and role-based staff permissions.
3

Scope of Provider Services

We provide profile pages, search visibility, lead routing, messaging, media galleries, review tools, and optional paid placements. Features may change over time.

Feature

Profiles & Listings

What we do

Host structured information, media, and disclosures.

What you do

Provide truthful, up-to-date content and required notices.

Feature

Leads & Messaging

What we do

Route inquiries; provide inbox tools.

What you do

Respond lawfully; obtain required consents; no diagnosis unless permitted.

Feature

Ads & Promotions

What we do

Offer placements per order/IO; label ads.

What you do

Comply with advertising/medical laws; substantiate claims.

Feature

Reviews

What we do

Host UGC; moderate per published rules.

What you do

No gating or incentives; do not manipulate or suppress fair critique.

4

Regulatory & Legal Compliance (Your Duties)

Topic

Anti-Kickback / Fee-Splitting

Provider's Duty

No remuneration for referrals; no fee-splitting with ClinicBooking; you set your own fees.

Platform Duty

We charge marketing/placement fees only; no share of clinical fees.

Topic

Stark & State Variants

Provider's Duty

Comply with physician self-referral and state analogs.

Platform Duty

No clinical referrals structured by platform.

Topic

CPOM

Provider's Duty

Maintain physician control over clinical practice.

Platform Duty

No control of clinical judgment; no practice ownership.

Topic

FDA/FTC Advertising

Provider's Duty

Use lawful claims; substantiate efficacy; disclose material connections.

Platform Duty

We may request proof and remove non-compliant content.

Topic

HIPAA/Health Privacy

Provider's Duty

No PHI uploads unless a BAA is signed; obtain consents for images/media.

Platform Duty

Not a covered entity by default; BAA available for eligible features.

Topic

Telehealth & Licensure

Provider's Duty

Provide only where lawful; verify patient location/licensure; required notices.

Platform Duty

We provide communications tools only; no medical care.

5

Content, IP & Licenses

  • You own or have rights to all submitted content and it does not infringe others' rights.
  • You grant ClinicBooking a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, reproduce, distribute, display, perform, adapt, and create derivatives for operating, improving, and promoting the platform.
  • Patient media must comply with our Photo & Video Policy (authenticity, consent, no deceptive edits).
  • We may remove or label content, or request substantiation, at our discretion.
6

Reviews & Moderation

  • No incentives, gating, or fake reviews.
  • Respond professionally; never disclose PHI when replying.
  • We enforce our Review/Moderation Policy.
7

Ranking, Badges & Advertising

Editorial independence: Search order, ServiceScore™, badges, and labels are at our sole discretion and may change without notice. Paid placements are labeled and do not guarantee outcomes.

8

Billing, Refunds & Chargebacks

Plans & IOs

Billed in advance; auto-renew unless cancelled per order terms.

Fees & Taxes

Non-refundable unless expressly stated; you're responsible for taxes.

Cancellations

Effective at end of current term unless otherwise stated; no pro-rata refunds unless required by law.

Chargebacks

Improper chargebacks may incur fees; services may be suspended pending resolution.

Measurement

Our reporting governs billing unless shown materially inaccurate.

9

Data, Privacy & HIPAA Boundary

  • Use of user data must comply with our Privacy Policy and applicable data laws.
  • Without a signed BAA, do not submit, store, or process PHI via the platform.
  • Delete data if user consent is withdrawn where required by law.
10

Messaging, TCPA/SMS & Email

  • Obtain required consents for calls, texts, and emails; honor opt-outs (TCPA, CAN-SPAM, CASL, etc.).
  • No spam, lead brokering, or unrelated marketing to platform contacts.
11

Security & Vulnerability

Do not probe or disrupt the platform. Report issues per our Vulnerability Disclosure & Safe Harbor. Protect credentials and systems that access ClinicBooking.

12

Prohibited Practices

Referral fees / fee-splitting
Prohibited

AKS / state fee-splitting risk.

Unsubstantiated medical claims
Prohibited

FTC/FDA advertising rules.

Review manipulation
Prohibited

No gating, incentives, or fake reviews.

Off-label consumer promotion
Prohibited

Consumer-facing off-label marketing not allowed.

PHI uploads without BAA
Prohibited

Use de-identified media or execute BAA.

Scraping or automated harvesting
Prohibited

See Acceptable Use & Anti-Scraping.

13

Suspension & Termination

We may suspend or terminate access for violations, risk to users, non-payment, fraud, or legal/regulatory reasons. We may retain records as required by law. You may terminate per your plan/IO terms.

14

Disclaimers & Warranties

Provider Services are provided "AS IS" and "AS AVAILABLE." We disclaim all warranties to the fullest extent permitted by law, including merchantability, fitness for a particular purpose, non-infringement, availability, and error-free operation.

15

Limitation of Liability

To the maximum extent permitted by law, ClinicBooking is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages. Our aggregate liability in any 12-month period shall not exceed the greater of (a) amounts paid by you for Provider Services in the prior six (6) months, or (b) USD $500.

16

Indemnity

You will defend, indemnify, and hold harmless ClinicBooking, its affiliates, and personnel from claims, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your content or promotions, (ii) your practice, care, or billing, (iii) your violation of law or these Provider Terms, or (iv) alleged infringement or misappropriation by your content.

17

Governing Law & Arbitration (U.S.)

  • Law & Venue: Wyoming law (no conflicts rules). FAA governs arbitration.
  • Arbitration: Individual, binding arbitration in Sheridan County, WY, under AAA Commercial Rules. No class or representative actions.
  • Injunctive Relief: Either party may seek temporary injunctive relief in court to protect IP or platform integrity.
  • Time Limit: Claims must be brought within one (1) year of accrual.
18

Changes, Order of Precedence, Assignment

  • We may update these Provider Terms; material changes will be posted. Continued use after the effective date constitutes acceptance.
  • Conflicts: executed order/IO or BAA (for covered features) > these Provider Terms > site policies.
  • No assignment by you without consent; we may assign to an affiliate or successor.
19

Contact

Address

Spyface Tech Company, LLC (ClinicBooking)
30 N Gould St Ste N
Sheridan, WY 82801, USA