Terms of Use
These Terms of Service ("Terms") govern your access to and use of Clearway Aesthetics' services, website at clearwayaesthetics.com, software, technology, infrastructure, and related systems (collectively, the "Service") provided by Clearway Acquisition, trading as Clearway Aesthetics ("we", "our", or "us").
The Service may be provided to practices and organisations located in the United Kingdom, United States, and other jurisdictions.
By engaging our services, creating an account, accessing the Service, or otherwise using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a practice, company, or organisation, you represent that you have authority to bind that organisation to these Terms.
1. Eligibility
The Service is intended primarily for licensed medical, aesthetic, surgical, and healthcare practices.
By engaging us or using the Service, you represent and warrant that:
you hold all licences, registrations, permissions, and insurance required to operate your practice and provide the treatments and services you offer;
all information you provide to us is accurate, complete, and current; and
you will use the Service only for lawful purposes and in accordance with these Terms.
2. The Service
Clearway provides technology, infrastructure, software, and managed services designed to help aesthetic and surgical practices acquire, communicate with, convert, and manage prospective patients and operate their practices more efficiently.
Depending on the Service purchased, this may include:
paid search and digital advertising management;
landing pages and conversion infrastructure;
enquiry and communication systems;
automated and AI-assisted patient communication;
appointment and consultation booking;
payment and deposit collection;
CRM and patient enquiry infrastructure;
reporting and analytics;
business intelligence;
AI-assisted analysis and recommendations;
AI-assisted operational actions and automation;
integrations with third-party systems; and
other software, infrastructure, technology, or managed services introduced by us from time to time.
The specific features and services available to you will depend on your subscription, order form, proposal, or other written agreement with us.
We may introduce, modify, improve, or discontinue features of the Service from time to time. Where reasonably practicable, we will provide notice of material changes that substantially reduce the functionality of a paid Service.
We do not provide medical services, medical advice, diagnosis, treatment, or clinical guidance. All clinical decisions, patient care, consultations, treatments, and professional obligations remain solely your responsibility.
3. Acceptable Use
You agree to:
provide accurate, complete, and timely information necessary for us to provide the Service;
maintain all licences, registrations, permissions, and insurance required to operate your practice;
comply with all laws and regulations applicable to your practice and use of the Service, including applicable data protection, healthcare, advertising, consumer protection, and professional regulations;
comply with applicable requirements under GDPR, UK data protection law, HIPAA where applicable, and relevant US federal and state privacy and healthcare laws;
ensure that claims, before-and-after imagery, testimonials, patient information, and other materials supplied to us are accurate, substantiated, lawfully obtained, and accompanied by any required consent;
review and approve advertising, website, and patient-facing content where required under your agreement;
respond appropriately to patient enquiries and booked consultations;
provide us with reasonable access to the accounts, systems, information, and integrations required to deliver the Service; and
use the Service only for lawful and authorised purposes.
You must not use the Service to:
provide medical advice through automated systems without appropriate clinical oversight;
make unlawful or discriminatory decisions about patients;
upload or process data that you do not have the legal right to provide;
interfere with or attempt to compromise the security or operation of the Service;
reverse engineer, copy, reproduce, or attempt to extract the underlying software or technology except where expressly permitted by law; or
use the Service in a manner that could reasonably expose Clearway or a third party to legal, regulatory, security, or reputational risk.
You remain responsible for the accuracy and legality of information, content, instructions, and materials supplied by you.
4. Results and Performance
We provide infrastructure, technology, marketing, automation, analytics, and related services intended to improve patient acquisition and practice operations.
Performance may vary depending on market conditions, procedures offered, pricing, reputation, competition, patient demand, clinical capacity, advertising platforms, your team's performance, and other factors outside our control.
We do not guarantee any specific number of enquiries, consultations, patients, procedures, revenue, return on advertising spend, or other commercial outcome unless expressly stated in a signed written agreement.
Any forecasts, examples, projections, case studies, or performance figures provided by us are illustrative unless expressly stated otherwise.
You acknowledge that the conversion of enquiries and consultations into treatments or procedures depends on factors including your consultation process, pricing, availability, clinical judgement, and patient decisions.
5. Fees and Billing
Fees are set out in your applicable agreement, order form, proposal, or subscription.
Unless otherwise agreed in writing, fees are payable in advance and the Service will commence once payment has been received.
Advertising expenditure is separate from our fees and is paid by you directly to the relevant advertising platform unless otherwise agreed in writing.
You are responsible for all advertising expenditure incurred through advertising accounts belonging to you or operated on your behalf.
Unless otherwise stated in your agreement, fees are non-refundable once the relevant work or subscription period has commenced, except where required by applicable law.
We may change subscription or service fees by providing at least 30 days' written notice. Changes will not affect fees already paid for a committed period.
6. Payment Processing
Where included in your Service, Clearway may facilitate or integrate payment functionality for consultation fees, deposits, or other patient payments through third-party providers such as Stripe, Apple Pay, Klarna, Clearpay, or similar providers.
Your use of those services is subject to the applicable third party's terms, policies, fees, and eligibility requirements.
Unless otherwise agreed, payments are processed through accounts belonging to you or established for your practice. You remain responsible for refunds, chargebacks, disputes, taxes, and your obligations to patients relating to payments.
Clearway does not itself provide banking, lending, financial, or payment services.
7. Software and Service Access
Where the Service includes software, dashboards, artificial intelligence, analytics, reporting, automation, or other technology, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use those features for your internal business purposes during the applicable subscription or service period.
You do not acquire ownership of the underlying software, source code, models, algorithms, systems, interfaces, infrastructure, or technology.
You must not resell, sublicense, distribute, copy, modify, reverse engineer, or commercially exploit the Service or its underlying technology except with our prior written consent or where expressly permitted by law.
We may use third-party infrastructure, software, APIs, artificial intelligence models, hosting providers, and other technology providers to operate, maintain, secure, or improve the Service.
8. Intellectual Property and Ownership
You retain ownership of:
your patient data;
your practice information;
your advertising accounts;
materials and content supplied by you; and
other assets expressly identified as belonging to you under your agreement.
Subject to your agreement and payment of applicable fees, you may retain and use client-specific deliverables created specifically for your practice.
We retain all rights, title, and interest in our:
software;
platform;
systems;
infrastructure;
templates;
frameworks;
methodologies;
processes;
models;
algorithms;
interfaces;
documentation;
branding;
intellectual property; and
general know-how.
Nothing in these Terms transfers ownership of our underlying technology or intellectual property to you.
We may use information derived from use of the Service for analytics, benchmarking, product development, research, and improvement of the Service only where permitted by applicable law and in a form that does not identify you or an individual patient.
We will not use Protected Health Information ("PHI") for our independent purposes where prohibited by HIPAA or applicable law.
We may reference our work with you in anonymised or named case studies or portfolio materials unless you notify us in writing that you do not consent.
9. Data Protection and Patient Information
We may process personal data, including prospective patient information and other healthcare-related information, in providing the Service.
The parties' respective roles will depend on the nature and purpose of the relevant processing. Where we process personal data solely on your documented instructions, we will generally act as a processor and you will generally act as the controller.
Where Clearway determines the purposes and means of processing for a particular activity, Clearway may act as a controller or independent controller for that processing.
Where required, the parties will enter into a separate Data Processing Agreement ("DPA") and, where applicable, Business Associate Agreement ("BAA").
Such agreements will govern the relevant processing and will prevail over these Terms in the event of conflict.
Where we act as a processor, we will process personal data in accordance with your documented instructions and applicable data protection law and implement appropriate technical and organisational measures appropriate to the risks of processing.
Where we act as a Business Associate under HIPAA, the applicable BAA will establish the permitted and required uses and disclosures of PHI and the applicable safeguards and obligations.
Where Clearway creates, receives, maintains, or transmits PHI on behalf of a HIPAA covered entity, the parties will enter into an appropriate BAA before such processing begins where required by HIPAA. HHS confirms that software providers with access to PHI can fall within the Business Associate definition.
You remain responsible for:
determining the lawful basis for processing patient information;
providing appropriate privacy notices;
obtaining required consents and authorisations;
ensuring that patient information supplied to Clearway may lawfully be processed;
maintaining appropriate clinical and data governance; and
complying with applicable healthcare and privacy regulations.
10. Artificial Intelligence and Automated Systems
The Service may use artificial intelligence and automated technologies to analyse information, generate summaries, identify patterns, provide recommendations, communicate with prospective patients, automate workflows, or perform other authorised operational functions.
AI-generated outputs may contain errors, omissions, inaccuracies, or inappropriate recommendations. You are responsible for reviewing outputs where appropriate and exercising professional, operational, and clinical judgement.
Clearway does not represent that AI-generated outputs are accurate, complete, or suitable for any particular purpose.
AI functionality is not a substitute for medical, legal, financial, regulatory, or professional advice.
Where AI functionality is capable of taking actions within your systems, the scope of those actions will depend on the permissions, integrations, and configuration authorised by you.
You remain responsible for decisions and actions taken by your practice using the Service, except to the extent caused by Clearway's breach of these Terms, negligence, wilful misconduct, or other liability that cannot lawfully be excluded.
Clearway may use third-party AI providers and infrastructure in providing these features, subject to applicable data protection agreements, security requirements, and restrictions.
11. Third-Party Services
The Service may depend upon or integrate with third-party platforms, including advertising networks, hosting providers, CRMs, calendars, communication platforms, payment providers, analytics services, AI providers, and other technology services.
Your use of third-party services may be subject to their own terms, privacy policies, fees, and restrictions.
We are not responsible for the availability, performance, pricing, policy changes, security decisions, account restrictions, suspensions, or termination decisions of third-party providers.
Where a third-party provider changes or withdraws functionality on which the Service depends, we may modify or replace the relevant integration where reasonably practicable.
12. Security and Availability
We will maintain reasonable technical and organisational measures appropriate to the nature of the information processed through the Service and the risks associated with that processing.
Where specific security obligations apply to Clearway under a DPA, BAA, or other written agreement, those obligations will govern to the extent of any conflict.
We aim to provide a reliable Service but do not guarantee uninterrupted or error-free availability.
The Service may be affected by maintenance, upgrades, security measures, third-party outages, platform changes, internet failures, or circumstances outside our reasonable control.
We may perform scheduled maintenance and will provide reasonable notice where practicable.
We may modify, improve, replace, or discontinue components of the Service as part of ongoing product development.
13. Confidentiality
Each party agrees to keep confidential information received from the other party confidential and to use it only for purposes connected with the Service.
This obligation does not apply to information that:
is publicly available through no breach of these Terms;
was already lawfully known to the receiving party;
is independently developed without use of confidential information; or
must be disclosed by law or a competent authority.
These confidentiality obligations survive termination of the Service.
14. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for indirect, incidental, special, consequential, or punitive losses arising from or relating to the Service, including loss of profits, revenue, patients, data, business opportunities, anticipated savings, or goodwill.
Our total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you to us during the three months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or other liability that cannot legally be restricted.
15. Indemnity
You agree to indemnify and hold Clearway harmless from claims, losses, damages, liabilities, costs, and reasonable legal expenses arising from:
your clinical services;
your practice's regulatory obligations;
your breach of applicable law;
content, claims, imagery, or information supplied by you;
your misuse of the Service;
your breach of these Terms; or
claims arising from your relationship with your patients,
except to the extent caused by our own breach, negligence, wilful misconduct, or other liability that cannot lawfully be excluded.
16. Term and Termination
Either party may terminate the Service with 30 days' written notice unless otherwise stated in your applicable agreement.
On termination:
all outstanding fees become immediately payable;
your access to paid software and platform features may cease at the end of the applicable service period;
we will provide or transfer assets that you own under your agreement, subject to any applicable fees or technical limitations;
where applicable, we will provide reasonable assistance in transferring your data or integrations; and
each party will continue to comply with any surviving confidentiality and data protection obligations.
Where applicable law, a DPA, or BAA requires the return or deletion of personal data or PHI following termination, we will handle such data in accordance with those requirements, subject to lawful retention obligations.
We may suspend or terminate access immediately where:
you fail to pay amounts due;
you materially breach these Terms;
your use of the Service creates a material security, legal, regulatory, or reputational risk;
a third-party platform requires us to suspend the relevant integration; or
continued provision of the Service would reasonably expose Clearway to unlawful or material risk.
17. Changes to These Terms
We may update these Terms from time to time.
Where we make material changes that materially affect your rights or obligations, we will provide reasonable notice before the changes take effect, unless the change is required by law, regulation, security requirements, or a third-party platform change that requires more immediate action.
Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the updated Terms.
18. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
The courts of England and Wales shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms, except where applicable law provides otherwise.
19. General
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any right under these Terms does not constitute a waiver of that right.
These Terms, together with your applicable signed agreement, order form, proposal, subscription agreement, DPA, BAA, and other expressly incorporated documents, constitute the entire agreement between the parties concerning the Service.
If there is a conflict between these Terms and a signed agreement, the signed agreement will prevail to the extent of the conflict. A DPA or BAA will prevail over these Terms in relation to data protection or healthcare data obligations.
20. Contact
Questions about these Terms:
Clearway Acquisition
Trading as Clearway Aesthetics
Email: info@clearwayaesthetics.com
Website: clearwayaesthetics.com