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Terms of Service

Last updated: June 8, 2026

These Terms of Service ("Terms") govern your access to and use of the Clear Capitation website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Services

Clear Capitation provides ESRD capitation recovery analytics and managed recovery services for Medicare Advantage plans. Our services include identifying ESRD members who may be reimbursed at incorrect CMS rates, quantifying recoverable revenue, managing the correction process, and tracking recoveries through CMS payment cycles.

2. Engagement Terms

All service engagements are governed by a separate Service Agreement executed between Clear Capitation and the client. These Terms apply to website use and general interactions. In the event of conflict between these Terms and a signed Service Agreement, the Service Agreement prevails.

3. Pricing and Payment

Our standard pricing model is contingency-based: a fee of 12% of confirmed recovered revenue. No upfront costs, retainers, or minimum commitments apply unless otherwise specified in a Service Agreement. The initial revenue recovery audit is provided at no cost and carries no obligation.

4. Client Responsibilities

Clients engaging our services agree to:

  • Provide accurate and complete data (claims data, MMR files, and related enrollment information) as reasonably requested
  • Execute a Business Associate Agreement (BAA) prior to transmitting any Protected Health Information
  • Designate an authorized point of contact for the engagement
  • Cooperate in good faith with the recovery process, including facilitating any internal approvals needed

5. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the engagement. Clear Capitation's analytical methods, detection algorithms, and recovery processes are proprietary and confidential. Client data, including all PHI, is treated as confidential and handled in accordance with our Privacy Policy and applicable BAA.

6. Intellectual Property

All content on this website — including text, graphics, logos, design, and code — is the property of Clear Capitation and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on this website without our prior written consent.

Our analytical tools, detection models, and recovery methodologies are proprietary to Clear Capitation. No engagement grants the client any license or right to our underlying technology.

7. Disclaimer of Warranties

Our website and informational content are provided "as is" without warranties of any kind, either express or implied. While we strive for accuracy, we do not guarantee that recovery opportunities exist for any specific plan, or that any particular dollar amount will be recovered. Estimates provided during the audit phase are preliminary and subject to validation.

8. Limitation of Liability

To the maximum extent permitted by law, Clear Capitation's total liability arising from or related to these Terms or your use of our website shall not exceed the fees actually paid by you to Clear Capitation in the twelve (12) months preceding the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

9. Indemnification

You agree to indemnify and hold harmless Clear Capitation, its officers, employees, and agents from any claims, damages, or expenses arising from your breach of these Terms or your misuse of our website or services.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Delaware.

11. Modifications

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of our website or services after any changes constitutes acceptance of the revised Terms.

12. Contact

For questions about these Terms, contact us at:

contact@clearcapitation.com

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