Terms of Service

These Terms of Service ("Terms") govern your access to and use of the ClinicFlow website located at clinicflow.desiredstateit.com and any associated subdomains (the "Site"), operated by Desired State IT LLC ("Desired State IT," "DSIT," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Site.

1. About the Site and Our Services

This Site is a marketing and informational resource for ClinicFlow and the Clinic Insight Manager (CIM) — CRM automation and analytics products developed by Desired State IT LLC for functional medicine, hormone health, and peptide clinics. The Site allows prospective clients to learn about our services, schedule strategy calls, and contact us.

Actual service delivery, data processing, and client-specific terms are governed by separate Master Service Agreements (MSA), Statements of Work (SOW), and Business Associate Agreements (BAA) entered into between Desired State IT and each client. These Terms apply only to your use of this public marketing website.

2. Eligibility

By using this Site, you represent that you are at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or any organization you represent. This Site is intended for business-to-business use by healthcare practice operators, clinic owners, and medical practice managers in the United States and applicable jurisdictions.

3. SMS Messaging Program — Terms and Conditions

3.1 Program Description

Desired State IT LLC operates an SMS messaging program under the brand name ClinicFlow / Desired State IT. By opting in to receive text messages, you may receive communications including but not limited to: follow-up messages related to strategy call requests, service information and updates, onboarding communications, and transactional notifications related to our products and services.

3.2 Eligibility for SMS Program

To participate in our SMS messaging program, you must be the account holder or authorized user of the mobile phone number provided. You must be located in the United States or a jurisdiction where our SMS communications are permitted.

3.3 How to Opt In

You may opt in to receive SMS messages from Desired State IT by checking the SMS consent checkbox on any opt-in form on this Site. The consent checkbox cannot be pre-selected and is never required to submit a form. Your consent to receive SMS messages is entirely voluntary.

3.4 Message Frequency

Message frequency varies. You may receive up to 4 messages per month related to your inquiry or service engagement, unless you have engaged in an active onboarding or service relationship, in which case frequency may be higher and will be disclosed separately.

3.5 Message and Data Rates

Message and data rates may apply. Charges depend on your mobile carrier plan. Desired State IT is not responsible for any charges incurred by your mobile carrier.

3.6 Opt-Out Instructions

To stop receiving SMS messages, reply STOP to any message you receive from us. You will receive one final confirmation message confirming your opt-out. No further messages will be sent after that confirmation. To opt back in, you must provide express consent again through an opt-in form.

3.7 Help

For help, reply HELP to any message or contact us at hello@desiredstateit.com.

3.8 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. Desired State IT is not responsible for any interruption in SMS delivery caused by carrier networks.

3.9 No Sharing of SMS Data

Mobile opt-in data and phone numbers collected through this program will not be shared with, sold to, or transferred to any third party or affiliate for marketing or promotional purposes.

4. Acceptable Use

By using this Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable regulation
• Submit false, misleading, or fraudulent information through any form on the Site
• Attempt to gain unauthorized access to any part of the Site or its underlying infrastructure
• Use automated tools, bots, or scrapers to collect content or data from the Site
• Interfere with or disrupt the integrity or performance of the Site
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Transmit any content that is defamatory, harassing, abusive, fraudulent, or otherwise objectionable

5. Intellectual Property

All content on this Site — including but not limited to text, graphics, logos, icons, images, and the ClinicFlow and Clinic Insight Manager product names and branding — is the property of Desired State IT LLC or its licensors and is protected by applicable intellectual property laws.

You may view and print pages of the Site for your own personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from this Site without our prior written permission.

6. Disclaimers

6.1 No Guarantee of Results

Any revenue estimates, ROI projections, or performance benchmarks presented on this Site — including those in the ROI calculator — are illustrative only and are based on industry estimates and pilot data. They do not constitute a guarantee of results. Actual outcomes will vary based on clinic size, market conditions, operational maturity, and other factors outside our control.

6.2 No Medical or Legal Advice

This Site does not provide medical, legal, financial, or compliance advice. Content related to HIPAA compliance describes our own technical posture and is not a substitute for qualified legal counsel. Clinics should independently verify their own compliance obligations.

6.3 Site Availability

We do not warrant that the Site will be available at all times, error-free, or free from viruses or other harmful components. We reserve the right to modify, suspend, or discontinue the Site at any time without notice.

6.4 "As Is" Basis

THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DESIRED STATE IT LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for any claim arising from your use of this Site shall not exceed one hundred dollars ($100.00).

8. Third-Party Links and Services

This Site may link to third-party websites or services, including scheduling tools, social media platforms, and external resources. These links are provided for convenience only. Desired State IT does not endorse, control, or assume responsibility for the content, privacy practices, or availability of any third-party sites.

9. Privacy

Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the data practices described in the Privacy Policy.

10. HIPAA Notice

This Site is a public marketing resource and does not constitute a covered system under the Health Insurance Portability and Accountability Act (HIPAA). No protected health information (PHI) should be submitted through any form on this Site. Client-specific HIPAA obligations are governed by Business Associate Agreements and Master Service Agreements executed separately between Desired State IT and each client. For more information, see our HIPAA Compliance Statement.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Site shall be resolved through binding arbitration in Clark County, Nevada, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property violations.

12. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Changes become effective upon posting to the Site with a revised "Last Updated" date. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

13. Contact Us

If you have questions about these Terms, please contact us: