Terms of Service
These Terms govern your use of Clarive AI's services. By signing an Order Form or using our services, you agree to be bound by these Terms.
1. Definitions
- →"Clarive", "we", "us", "our" means Clarive AI Ltd, registered in Northern Ireland (NI739625).
- →"Client", "you", "your" means the healthcare practice or organisation that has entered into an Order Form with Clarive.
- →"Services" means the AI-powered call handling, missed call recovery, appointment booking, and related services described in the applicable Order Form.
- →"Order Form" means any ordering document signed or accepted by the Client specifying the services, fees, and configuration.
- →"AI Output" means any response, summary, or communication generated by the AI system during the provision of the Services.
- →"DPA" means the Data Processing Agreement between the parties, which governs the processing of personal data.
2. About Clarive AI
Clarive AI Ltd is a company registered in Northern Ireland. We provide AI-powered administrative call handling systems for healthcare practices, including dental clinics and other private medical and clinical environments.
3. Scope of Services
Subject to these Terms and payment of the applicable fees as set out in the Order Form, Clarive provides the following services:
- →AI-powered inbound call answering and patient handling
- →Automated appointment booking and enquiry capture
- →Missed call recovery and outbound callback workflows
- →High-value lead detection and staff notification
- →Structured call summaries and activity reporting
- →Integration with third-party calendar and booking systems where applicable
All services operate based on call flow configurations defined by the Client during onboarding. Any functionality not expressly described in the Order Form is excluded.
4. Non-Clinical Use — Important Limitation
The Client remains solely and fully responsible for all patient care, clinical decisions, regulatory compliance, and the configuration of appropriate escalation paths for urgent or emergency situations.
Clarive will not be liable for any clinical outcome, patient harm, or treatment decision arising from or in connection with the use of our services. AI responses are administrative in nature and must not be treated as clinical guidance.
5. AI Behaviour, Limitations and Emergency Escalation
5.1 AI Limitations
- →AI outputs may contain errors, omissions, or misunderstandings
- →The system is not guaranteed to be error-free or uninterrupted
- →The AI operates within the call flow boundaries configured by the Client
- →The AI will not and cannot replace clinical judgement under any circumstances
- →AI outputs must not be treated as professional, medical, legal, or financial advice
5.2 Emergency Escalation
The Client is solely responsible for configuring appropriate escalation paths for urgent and emergency situations. Clarive accepts no liability for outcomes arising from a Client's failure to configure adequate escalation paths.
5.3 Outbound Communications
Where the service initiates outbound communications on behalf of the Client, the Client warrants that they have a lawful basis under UK GDPR for contacting the individuals concerned and that all outbound activity complies with applicable direct marketing regulations including PECR.
6. Client Obligations
- →Provide accurate and complete configuration information during onboarding
- →Ensure accuracy of all business hours, services, staff information, and escalation procedures provided to the AI
- →Configure and maintain appropriate emergency escalation rules at all times
- →Ensure all clinic staff are informed that an AI system is in use for call handling
- →Comply with all applicable laws, regulations, and professional standards
- →Notify Clarive promptly of any system issues, patient complaints, or incidents
- →Not use the service for unlawful purposes or in any way that could harm patients or third parties
7. Fair Use
The services are intended for typical use by a healthcare practice operating within normal call volumes. Clarive reserves the right to review usage that is excessive, abnormal, or inconsistent with intended use and will contact the Client to discuss appropriate arrangements before taking any action.
8. Fees and Payment
8.1 Fees
All fees are as set out in the applicable Order Form. Clarive does not publish fixed pricing in these Terms as fees may vary based on the plan, call volume, and configuration agreed with each Client.
8.2 Payment Terms
- →All fees are payable in advance of the service period
- →Fees are exclusive of VAT unless stated otherwise on the invoice
- →Payment is due within 14 days of invoice date
- →Clarive reserves the right to suspend services following 7 days' written notice of non-payment
- →Interest may be charged on overdue amounts at 4% above the Bank of England base rate
8.3 Pricing Changes
Clarive may update pricing with a minimum of 30 days' written notice. Price changes take effect at the start of the next billing cycle following the notice period.
9. Service Availability
Clarive targets 99% uptime, measured monthly, excluding scheduled maintenance, emergency maintenance, third-party infrastructure failures, and events outside Clarive's reasonable control. Clarive does not guarantee uninterrupted service.
10. Intellectual Property
All intellectual property rights in the Clarive platform, software, AI models, call flow logic, documentation, and brand remain the exclusive property of Clarive AI Ltd. The Client is granted a limited, non-exclusive, non-transferable licence to use the service for their internal business purposes during the term of the agreement.
11. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with these Terms. This obligation survives termination for two years.
12. Limitation of Liability
12.1 Exclusions
- →Indirect, consequential, or special losses
- →Loss of profits, revenue, business, or anticipated savings
- →Clinical outcomes, patient harm, or decisions made on the basis of AI responses
- →Losses arising from third-party system failures
- →Losses arising from the Client's failure to configure appropriate escalation paths
12.2 Liability Cap
Clarive's total aggregate liability shall not exceed the total fees paid by the Client in the one month immediately preceding the event giving rise to the claim.
12.3 Exceptions
Nothing in these Terms limits liability for death or personal injury caused by Clarive's negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
13. AI Output Indemnity
The Client shall indemnify Clarive against any claims arising from:
- →AI outputs that reflect or rely upon Client-provided data, instructions, scripts, or configurations
- →The Client's breach of these Terms
- →The Client's unlawful processing of personal data
- →The Client's failure to configure appropriate emergency escalation paths
- →Any claim by a patient or third party arising from the Client's use or configuration of the service
14. Data Protection
The Client is the Data Controller. Clarive AI Ltd is the Data Processor. Processing is governed by a separate Data Processing Agreement (DPA) which must be signed before the service goes live. In any conflict between these Terms and the DPA on matters of data protection, the DPA prevails.
15. Term and Termination
15.1 Term
These Terms commence on the date the Client signs the Order Form and continue on a rolling monthly basis.
15.2 Termination for Convenience
Either party may terminate by providing 30 days' written notice to the other party's registered email address.
15.3 Termination for Cause
Either party may terminate immediately by written notice if the other party commits a material breach not remedied within 14 days of written notice, becomes insolvent, or engages in unlawful conduct.
15.4 Effect of Termination
Access ceases on the termination date. All outstanding fees become immediately due. Data is handled in accordance with the DPA.
16. Force Majeure
Neither party shall be liable for failure or delay caused by circumstances beyond its reasonable control, including acts of God, government action, telecommunications failures, cyberattacks, or pandemic.
17. Governing Law
These Terms are governed by the laws of Northern Ireland. Any dispute shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.
18. General
- →Entire Agreement: These Terms and the DPA constitute the entire agreement between the parties.
- →Amendments: Clarive may update these Terms with 30 days' written notice. Continued use constitutes acceptance.
- →Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
- →Waiver: Failure to enforce any provision does not constitute a waiver of future rights.
- →Notices: All formal notices must be sent to the registered email address of the relevant party.
19. Contact
For questions about these Terms:
- →Email: legal@clariveai.com
- →Company: Clarive AI Ltd, Northern Ireland, NI739625