ClearCaptions is available in the United States and its territories only. FEDERAL LAW PROHIBITS ANYONE BUT REGISTERED USERS WITH HEARING LOSS FROM USING INTERNET PROTOCOL (IP) CAPTIONED TELEPHONES WITH THE CAPTIONS TURNED ON. IP Captioned Telephone Service may use a live operator. The operator generates captions of what the other party to the call says. These captions are then sent to your phone. There is a cost for each minute of captions generated, paid from a federally administered fund. No costs are passed along to individuals who qualify for the service.
ClearCaptions is available in the United States and its territories only. FEDERAL LAW PROHIBITS ANYONE BUT REGISTERED USERS WITH HEARING LOSS FROM USING INTERNET PROTOCOL (IP) CAPTIONED TELEPHONES WITH THE CAPTIONS TURNED ON. IP Captioned Telephone Service may use a live operator. The operator generates captions of what the other party to the call says. These captions are then sent to your phone. There is a cost for each minute of captions generated, paid from a federally administered fund. No costs are passed along to individuals who qualify for the service.
Last updated November 6, 2025
Summary of Updates to ClearCaptions Terms of Service
ClearCaptions provides this summary of recent changes pursuant to its right to change its Terms of Service. If you do not object to the changes within 30 days, you will be deemed to have accepted the changes.
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE.
BY USING THE CLEARCAPTIONS SERVICES THROUGH ENDPOINTS OR PRODUCTS YOU CERTIFY THAT YOU HAVE HEARING LOSS THAT NECESSITATES THE USE OF CAPTIONED TELEPHONE SERVICES. YOU FURTHER CERTIFY THAT YOU HAVE COMPLETED THE REGISTRATION AND SELF-CERTIFICATION REQUIREMENTS DESCRIBED IN THIS AGREEMENT. ADDITIONALLY, BY COMPLETING YOUR REGISTRATION, OPENING THE PACKAGE AND USING THE CLEARCAPTIONS PHONE, OR DOWNLOADING A CLEARCAPTIONS APPLICATION AND USING THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THE 911 EMERGENCY CALLING LIMITATIONS AS DESCRIBED IN SECTION 6. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE AND IMMEDIATELY CALL CLEARCAPTIONS SUPPORT AT 1 (866) 868-8695 TO RETURN ANY PRODUCT(S) WHICH HAVE BEEN PROVIDED TO YOU, ALONG WITH ALL PACKAGE CONTENTS, PRIOR TO ANY USE OR FURTHER UNPACKAGING, OR UNINSTALL THE DOWNLOADED CLEARCAPTIONS APPLICATION.
Important
This Agreement is between ClearCaptions LLC (referred to herein with its agents affiliates, subsidiaries and licensors as “ClearCaptions”, “we”, “us”, “our”, or the “Company”) and you, the user of the Service (you are referred to herein as either “you”, “your”, or as the “User”). By activating or using the Service or any part thereof in any way, or otherwise indicating your acceptance of this Agreement, you agree to be bound by all of the terms and conditions of this Agreement, including, without limitation, the terms related to 911 emergency services as described in Section 6.
The Company provides IP Captioned Telephone Service. The Service provides near real-time call captions of phone conversations for English and Bilingual (English/Spanish) individuals who have hearing loss that necessitates the use of the IP Captioned Telephone Service. The Service may employ a communications assistant who, with the aid of speech recognition software, converts the other party’s spoken words into captioned text in an otherwise standard voice telephone environment. The Service also may employ speech recognition software alone, without a communications assistant. The basic specifications and functionality of the Service are further described on the Company’s website. The Company offers enabled Endpoints to access Captioning.
Before using the Products or IP Captioned Telephone Services, you must complete a Registration Form and a Self-Certification form on which you certify under penalty of perjury, that (i) You have a hearing loss that necessitates the use of the IP Captioned Telephone Service; (ii) You understand that captioning may be provided by a live communications assistant who listens to the other party on the line and provides the text displayed on your phone or other Endpoints; (iii) You understand that the cost of the ClearCaptions calls is funded by the TRS Fund; and (iv) You will not permit persons who have not registered to use ClearCaptions captioned telephone service to make or receive captioned telephone calls using your registered IP Captioned Telephone Service or Endpoints (“Self-Certification Form”). As of this date, ClearCaptions only offers the Self-Certification Form in English.
1. DEFINITIONS AND DEFINED TERMS.
As used in this Agreement, the following terms shall have the meanings set forth below:
“Agreement” means this Terms of Service Agreement.
“Captioning” has the meaning specified in the introductory paragraph to this Agreement.
“ClearCaptions”, “we”, “us”, “our”, or the “Company” has the meaning specified in the introductory paragraph to this Agreement.
“ClearCaptions Disabling Device” means any software, hardware or other technology, device or means (including any back door, time bomb, time out, drop dead device, software routine or other disabling device) used by ClearCaptions or its designee to disable your, or any of your users, access to or use of the Services automatically with the passage of time or under the positive control of ClearCaptions or its designee.
“ClearCaptions Endpoint” means a ClearCaptions Phone used as an Endpoint.
“ClearCaptions System” means the Firmware, Services, Software, Documentation and ClearCaptions systems and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided or used by ClearCaptions or any contractor in connection with the Services or otherwise comprise or relate to the Services. For the avoidance of doubt, ClearCaptions System includes any information, data or other content derived from ClearCaptions’ monitoring of your access to or use of the Services.
“ClearCaptions Mobile Application” (referred to herein as either “ClearCaptions Mobile Application” or as “Application”) means a downloadable application to install and use on wireless electronic devices owned or controlled by you, such as your smartphone or tablet, and to access and use the Application on such devices strictly in accordance with the terms and conditions contained in this Agreement.
“ClearCaptions Phone” (referred to herein as either “ClearCaptions Phone”, or as “Blue”, or as “Ensemble”) means a ClearCaptions-branded telephone, including a mobile telephone, to access the Service, includes all physical components of which the phone is constructed and all physical modifications, if any, includes all accompanying Firmware and Documentation.
“ClearCaptions Telephone Number” (referred to herein as either “ClearCaptions Telephone Number” or as “Telephone Number”) means a telephone number obtained by the Company from an interconnected VoIP service provider, assigned to a ClearCaptions user by ClearCaptions, and to be used with a ClearCaptions Phone, and/or Mobile Application. (See Section 5 for more details) exclusively in connection with the Services.
“Documentation” means any commercially available, general release version of any textual or graphic information or materials describing the service, the product, the software or its use, whether in print or digital form. Such as, user manuals, installation guides, training manuals, white papers, specifications, designs, configuration guides, reference material, FAQs, and issues documentation.
“Emergency Alert System” or “EAS” is a national public warning system provided by the Federal Emergency Management Agency (FEMA) and delivered through the Services as described in Section 7 of this Agreement.
“Emergency Call Center” is a private call center established for the purpose of routing incoming emergency calls to the geographically appropriate Emergency Response Center.
“Emergency Call Taker” is a person in an Emergency Call Center or an Emergency Response Center who answers incoming emergency calls.
“Emergency Response Center” includes a Public Safety Answering Point, designated statewide default answering point, and appropriate local emergency authority as defined in the FCC rules.
“Endpoints” means a ClearCaptions Phone, ClearCaptions Mobile Application for iPhone, iPad, android and tablet and/or other end-user provided devices used in connection with the Services.
“Firmware” means all source code, object code, interfaces, content, fonts, upgrades, modified versions, firmware updates, additions and any data that came with the ClearCaptions Phone or is provided in association with this License Agreement and the Services or is later released as a firmware update.
“Harmful Code” means any software, hardware or other technology, device or means, including any virus, worm, malware or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, network, or the Services or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby, or (b) prevent you or your users from accessing or using the Services or ClearCaptions Systems as intended by this Agreement. Harmful Code does not include any ClearCaptions Disabling Device.
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“IP Captioned Telephone Service” has the meaning provided for in the introductory paragraph of this Agreement.
“Losses” means any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.
“Permitted Use” means any use of the Services, solely in conjunction with the Endpoints, by you for your benefit solely in or for your personal use for any and all lawful purposes, subject to the limitations imposed on the Services as described in Section 3 of this Agreement and the references incorporated therein and subject to the restrictions further defined in Section 4 of this Agreement.
“Person” means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association or other entity.
“Product” means all of the brands, features, products including, but not limited to, as applicable, Endpoints, ClearCaptions Telephone Number, technologies, apps, Software we offer, including your access to and use of the ClearCaptions’ websites and webpages, as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto and the ClearCaptions’ website.
“Registered 911 Location” shall have the meaning provided for in Section 6.
“Registration Form” means all the information collected as part of the registration process including, but not limited to, your full legal name, date of birth, last four digits of your social security number, address, and telephone number. As of this date, the Registration Form is only available in English.
“Services” means the Products and all services rendered in association therewith, including, but not limited to, as applicable, emergency 911 dialing as described in Section 6, TRS (including Captioning, and/or VCO services), the transcription of the audio into captions and the transmission of the captions to you, and captioned calls, EAS, or any other services ClearCaptions adds in the future.
“Software” means all source code, object code, interfaces, fonts, upgrades, modified versions, software updates, additions and any data that came with the Endpoints or is provided in association with this Agreement, or is later released as a software update, ClearCaptions Mobile Application, and all accompanying Documentation.
“Self-Certification Form” has the meaning specified in the introductory paragraph hereto.
“Telephone Number” has the meaning provided for in the definition of “ClearCaptions Telephone Number.”
“Third Party Materials” means materials and information, in any form or medium, including any open-source or other software, documents, data, content, specifications, products, equipment or components of or relating to the Services that are not proprietary to ClearCaptions.
“TRS” means Telecommunication Relay Services.
“User”, “you” or “your” has the meaning specified in the introductory paragraph hereto.
“VCO” means voice carry over.
“VoIP” means voice over Internet protocol.
2. SELF-CERTIFICATION AND COMPLIANCE WITH FCC REGULATIONS.
The use of the Products and IP Captioned Telephone Services is strictly governed by the Federal Communications Commission (the “FCC”), including, but not limited to, the rules and regulations contained in 47 C.F.R. §§ 64.601 – 64.606 and 64.5101-5111. All regulations can be found at www.fcc.gov. With the exception of certain taxes, fees (government-mandated and elective), charges for a ClearCaptions Phone, and surcharges that we may impose under Sections 5(d) and 5(e), our Services, including TRS, VCO, captioning services and ClearCaptions Telephone Number, are provided at no cost to you as long as you have a medically recognized hearing disability or impairment. You certify that you have hearing loss that necessitates the use of a captioned telephone service. You further certify that you have completed the Registration Form and the Self-Certification Form. Our providing of IP Captioned Telephone Services to you at no cost is contingent upon your status as hearing impaired as just described. Should your status change for any reason, you agree to immediately inform us and discontinue your use of the Products and IP Captioned Telephone Services. Additionally, we reserve the right to terminate or restrict your account access for breach of any terms contained in this Agreement.
3. LICENSE AND PERMITTED USES.
4. COMPLIANCE WITH RELEVANT LAWS.
5. CLEARCAPTIONS TELEPHONE NUMBER.
This Section 5 applies only to Users who download and/or use the ClearCaptions Products in conjunction with the ClearCaptions Telephone Number.
6. EMERGENCY CALLS AND 9-1-1 DIALING.
ALTHOUGH YOU MAY USE THE PRODUCTS OR SERVICES TO DIAL 911, CLEARCAPTIONS RECOMMENDS THAT YOU MAINTAIN AN ALTERNATIVE MEANS OF MAKING AN EMERGENCY CALL TO 911 (FOR EXAMPLE, THROUGH A TRADITIONAL TEXT TELEPHONE OR, IF A TTY IS NOT AVAILABLE, A STANDARD TELEPHONE). DIALING 911 FROM A TTY OR TRADITIONAL PHONE REMAINS THE MOST RELIABLE AND FASTEST METHOD OF REACHING EMERGENCY RESPONSE PERSONNEL.
911 CALLING USING THE SERVICES OR THE CLEARCAPTIONS PRODUCTS DIFFERS IN IMPORTANT WAYS FROM PLACING 911 CALLS FROM TRADITIONAL WIRELINE TELEPHONE OR TTY SERVICES. THIS SECTION PROVIDES IMPORTANT INFORMATION ABOUT SUCH LIMITATIONS:
You acknowledge and agree that ClearCaptions, when providing access to emergency communications services through any of ClearCaptions Products or Services, intends to limit its liability and immunize ClearCaptions from all liability of the same scope and extent that is equivalent to the scope and extent of immunity or other protection from liability afforded any local exchange carriers under federal and applicable state law (whether through statute, judicial decision, tariffs filed or posted by local exchange carriers, or otherwise).
7. TRANSMISSION OF FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) EMERGENCY ALERT SYSTEM
ClearCaptions offers Federal Emergency Management Agency (FEMA) Emergency Alert System (EAS) in certain geographic areas, on emergency alert capable devices, including ClearCaptions Phone and certain Endpoints. You may receive emergency alerts from FEMA and information on how to contact FEMA for more information. It is up to you to decide whether or not to contact FEMA for more information.
When messages are transmitted, your Service may be interrupted and the message may be repeated twice. FEMA and ClearCaptions may also conduct EAS tests that may interrupt Service. If you use ClearCaptions’ single-number feature, the emergency alert may be transmitted on multiple Endpoints simultaneously.
This service is available only in the 50 U.S. states and the District of Columbia. Your User-Provided Registered 911 Location will be used to deliver emergency alerts that are relevant for your geographic location. In the event ClearCaptions does not have a User’s Registered 911 Location, ClearCaptions will use the User’s address provided in their Registration Form. You are responsible for providing ClearCaptions an up-to-date address if it changes from the Registration Form. Emergency alerts may not be available on all devices or in all geographic areas. In areas in which the emergency alerts are transmitted, such alerts may not be received by you even though you have a ClearCaptions Phone or Endpoint capable of receiving them.
There is no additional charge for these emergency alerts. For details on the availability of this service and emergency alert capable devices, please ask a sales representative, or visit FEMA’s EAS web page for more information at https://www.fema.gov/emergency-managers/practitioners/integrated-public-alert-warning-system/public/emergency-alert-system .
In transmitting emergency alerts pursuant to federal law, ClearCaptions, including its contractors and affiliates, and each of its and their respective officers, directors, employees, agents, successors and assigns, shall not be liable to any subscriber to, or user of, ClearCaptions’ Phone or Endpoints for any act or omission related to or any harm resulting from the transmission of, or the failure to transmit, an emergency alert; or the release to a government entity or agency, public safety, fire service, law enforcement official, emergency medical service, or emergency facility of subscriber information used in connection with delivering an emergency alert.
8. GENERAL DISCLAIMER OF WARRANTIES.
ALL SERVICES, CLEARCAPTIONS PRODUCTS AND CLEARCAPTIONS SYSTEMS ARE PROVIDED “AS IS” AND CLEARCAPTIONS HEREBY DISCLAIMS, EXCEPT AS PROVIDED IN SECTION 9 OF THIS AGREEMENT, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND CLEARCAPTIONS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, CLEARCAPTIONS MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, INCLUDING BUT NOT LIMITED TO 911 OR OTHER EMERGENCY CALLING OR CALL-BACK FUNCTIONALITY, OR EAS, OR CLEARCAPTIONS’ MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET USER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN USER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. NO EMPLOYEE, AGENT, DEALER OR DISTRIBUTOR IS AUTHORIZED TO MODIFY THIS LIMITED WARRANTY, OR TO MAKE ANY ADDITIONAL WARRANTIES. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE FULLEST EXTENT ALLOWED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD OF THIRTY (30) DAYS OR SUCH LONGER PERIOD IF REQUIRED BY RELEVANT LAW AND SHALL BE SUBJECT ONLY TO THE LIMITED REMEDIES REQUIRED BY RELEVANT LAW.
THE SERVICES ARE BASED IN THE STATE OF CALIFORNIA IN THE UNITED STATES AND PROVIDED FOR ACCESS AND USE ONLY BY PERSONS LOCATED IN THE UNITED STATES. YOU ACKNOWLEDGE THAT YOU MAY NOT BE ABLE TO ACCESS ALL OR SOME OF THE SERVICES OUTSIDE OF THE UNITED STATES AND THAT ACCESS THERETO MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS.
9. SATISFACTION GUARANTY AND LIMITED WARRANTY.
We have complete confidence in the quality of the ClearCaptions Products and firmly believe that you will be more than delighted. However, we understand that sometimes things may not go as planned. That is why we offer limited remedies for ClearCaptions’ Products. For more information see the Limited Remedies in Section 13.
10. LIMITATION OF LIABILITY:
EXCEPT FOR CLEARCAPTIONS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL CLEARCAPTIONS OR ANY OF ITS AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, OR CONTRACTORS BE LIABLE UNDER OR IN CONNECTION WITH THE PRODUCTS, THE SERVICES, THIS AGREEMENT, OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (d) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF CLEARCAPTIONS AND ITS AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS AND CONTRACTORS, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED SIX (6) MONTHS OF THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
11. INDEMNIFICATION.
You shall indemnify, defend and hold harmless ClearCaptions and its agents, subsidiaries and affiliates, service providers, licensors, suppliers, contractors and each of its and their respective officers, directors, employees, agents, successors and assigns (each, a “ClearCaptions Indemnitee”) from and against any and all Losses arising out of or relating to any claim, suit, action or proceeding incurred by such ClearCaptions Indemnitee (other than an affiliate of a ClearCaptions Indemnitee) that arise out of or relate to any: (a) access to or use of the Products; (b) access to or use of the Services; (c) processing of your data or information in accordance with this Agreement; (d) your non-compliance with any specifications or directions associated with any Endpoints or other equipment made available to you by ClearCaptions; (e) allegation of facts that, if true, would constitute User’s breach of any of its representations, warranties, covenants or obligations under this Agreement; or (f) negligence or more culpable act or omission (including recklessness or willful misconduct) by you, any users, or any third party on behalf of User, in connection with this Agreement.
12. NO ASSIGNMENT.
You may not assign this Agreement to any other Person. Any attempted assignment in violation of this Section is null and void.
13. LIMITED REMEDIES.
The replacement ClearCaptions Phone or replacement part(s) are subject to the remaining warranty term for the original ClearCaptions Phone. The original ClearCaptions Phone, as well as any replacement ClearCaptions Phone or parts, will remain our property. Any repairs attempted or made to the ClearCaptions Phone by someone other than us may void all applicable ClearCaptions Phone warranties.
14. WRITTEN OFFER FOR THIRD PARTY SOURCE CODE.
The Firmware and Software includes code developed by third parties, including software code subject to GNU General Public License (“GPL”) or GNU Lesser Public License (“LGPL”). The GPL and LGPL code, and all other third-party code, used in the ClearCaptions Products and Software is distributed WITHOUT ANY WARRANTY and is subject to the copyrights of one or more authors. For details, see the GPL code and the LGPL code for this product and the terms of the GPL and LGPL, which are available through the written offer described below.
Also, this product includes third party software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)
As applicable, the terms of the GPL, LGPL and OpenSSL, and information about obtaining access to the GPL, LGPL, OpenSSL code used in this product, are available by sending a letter to us.
Where such specific license terms entitle you to the source code of such software, we will provide, upon written request via traditional paper mail, the applicable GPL, LGPL and OpenSSL source code files via CD-ROM for a nominal cost to cover shipping and media charges as allowed under the GPL, LGPL and OpenSSL.
Please direct all inquiries to: ClearCaptions, Attn: ClearCaptions Source Code Request, 3026 Owen Drive, Suite 111, Antioch, TN 37013.
15. GOVERNMENT END USERS.
The ClearCaptions Products and Services are, respectively, “Commercial Items,” “Commercial Computer Software” or “Computer Software Documentation,” as such terms are used in 48 C.F.R. §§2.101, 12.212, 227.7202, and consistent therewith, the foregoing are being licensed to U.S. Government end users only as Commercial Items and only with the same rights granted to all other end users, pursuant to the terms and conditions provided herein. Unpublished rights are reserved under the copyright laws of the United States.
16. PRIVACY.
Our collection, use, disclosure, and retention of information about you, as well as your privacy rights and how to exercise them, are described in our [Privacy Policy]( By using the Services, you acknowledge that you have read our Privacy Policy and understand to how we handle information, including through cookies, SDKs, pixels, and similar technologies, and in connection with providing our ClearCaptions Products and IP Captioned Telephone Services. The Privacy Policy explains, among other things, your choices and rights regarding personal information, such as access, deletion, correction, portability, and opt out choices for targeted advertising and certain disclosures that may be considered a “sale” or “sharing” under applicable United States privacy laws. It also describes our practices regarding sensitive personal information, data retention, international transfers, and how to submit requests, including recognition of supported browser or device privacy signals where required by law.
By accessing and using our Services, you agree to the collection, use, disclosure, and retention of your personal information as described in our Privacy Policy. Furthermore, and without limitation to anything stated in the Privacy Policy, you acknowledge and consent to the following:
Third party services that you access through the Services have their own privacy practices. We are not responsible for their policies or actions, so you should review their privacy notices.
Questions about our privacy practices can be directed to us as set out in the “Contact Information” section of the Privacy Policy.
17. CUSTOMER PROPRIETARY NETWORK INFORMATION.
In the course of providing our IP Captioned Telephone Services to you through an Endpoint, we collect and maintain certain customer proprietary network information (“CPNI”) in accordance with the rules and regulations of the FCC and any applicable requirements of the CCPA/CPRA/DOPPA when necessary. CPNI includes information which relates to the quantity, technical configuration, type, destination, location, and amount of use of the IP CTS services. Your telephone number, name, email address, and address are not CPNI. We value our relationships with our Users and are committed to respecting and protecting your CPNI. Accordingly, we have developed safeguards for the use of your CPNI.
ClearCaptions may use or disclose your CPNI without further authorization from you under the following circumstances:
We may use or disclose your CPNI to third parties to offer you products and services that may be different from the types of services you already use. We ask for your consent to do this during your registration process. At any time you may choose to opt out of this use of your CPNI for marketing purposes. You have the right to deny any TRS provider the right to use, disclose or permit access to your CPNI for certain marketing purposes, and TRS providers have a duty under federal law to honor your right to protect the confidentiality of your CPNI.
If you wish to restrict our use of your CPNI for marketing purposes, you may do the following:
Your approval or denial of our use of your CPNI for marketing purposes will not affect the provision of IP Captioned Telephone Services to you; however, the lack of access to your CPNI may prohibit ClearCaptions and its affiliates or authorized companies from offering you new or different services that may be of interest to you and tailored to your needs. Your approval or denial of our use of your CPNI for marketing purposes will stay in place until you change it.
18. TERM AND TERMINATION.
This Agreement takes effect upon your operation of the ClearCaptions Products or Services and remains effective until termination of the same. You may terminate this Agreement at any time by returning to us the ClearCaptions Phone and destroying all copies of the Firmware and Documentation in your possession (if not returned with the ClearCaptions Phone) or by uninstalling the ClearCaptions Application.
This Agreement will also automatically terminate if you fail to comply with any term or condition of this Agreement, provided that with respect to your Telephone Number, you will receive written notice of such termination and will be provided 14 days’ notice or such period as identified on the notice we send to you. You agree on termination of this Agreement to return the ClearCaptions Phone, including the Firmware and Documentation, to us and to destroy any copies of the Firmware and/or Documentation not returned, and to uninstall the ClearCaptions Application.
19. CONFIDENTIALITY.
ClearCaptions Products, Services, and the intellectual property rights and proprietary know-how with respect thereto, belong to us and it is being made available to you based upon your promise not to reverse engineer or in any other way attempt to discover and/or disclose the ClearCaptions Products’ proprietary information. YOU AGREE NOT TO DISCLOSE ANY PROPRIETARY INFORMATION DERIVED FROM THE CLEARCAPTIONS PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE CONSTRUCTION, COMPONENTS, ALGORITHMS, PROTOCOLS AND INTERFACES OF THE CLEARCAPTIONS PRODUCTS.
20. WAIVER AND SEVERABILITY.
No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
21. FORCE MAJEURE.
In no event will ClearCaptions be liable or responsible to you, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any payment obligation), when and to the extent such failure or delay is caused by any circumstances beyond ClearCaptions’ reasonable control (a “Force Majeure Event”), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.
22. GENERAL PROVISIONS.
ACCEPTABLE USE POLICY
ClearCaptions (“we” or “us”) has prepared this Acceptable Use Policy (this “Policy”) to help you, our User, understand the intended and permissible uses of our Services, and to prevent exploitation, fraud, and abuse of our Services. Capitalized terms used, but not otherwise defined, in this Policy have the meanings given to them in our Terms of Service agreement, as set forth above (“Agreement”).
ClearCaptions’ Telephone Number, ClearCaptions Phone and Mobile Application are intended for use in connection with the Internet Protocol Captioned Telephone Service (“IP CTS”) that ClearCaptions provides, which is a TRS product that provides captioning for telephone calls for individuals with hearing loss. ClearCaptions offers its Telephone Number, ClearCaptions Phone and Mobile Application only to those individuals that are eligible to use ClearCaptions’ IP CTS service and only for use on an individual’s Endpoints. Subject to this Policy, ClearCaptions Telephone Number enables use of a VoIP service that allows unlimited calling to and from landline and mobile telephone numbers in the United States only. For a full list of calling plans, please visit www.clearcaptions.com. ClearCaptions reserves the right to change calling plans available with ClearCaptions Telephone Number at any time. ClearCaptions’ Telephone Number, ClearCaptions Phone and Mobile Application is intended for individual use only in accordance with our Agreement, and is not transferable.
It is not permissible to use ClearCaptions Telephone Number, ClearCaptions Phone or Mobile Application in any way that is inconsistent with individual use, including any of the following:
Other practices may be relevant in determining whether certain uses are permissible. For avoidance of doubt, you are expressly permitted to use ClearCaptions Telephone Number, ClearCaptions Phone, Firmware or Mobile Application, for captioning calls within a workplace setting. ClearCaptions Telephone Number is NOT available outside of the United States and the District of Columbia.
ClearCaptions reserves the right to take any unlawful, prohibited, abnormal, or unusual activity into account in making its determination. For instance, ClearCaptions may consider any of the following, in combination or alone, when excessive:
You may not use ClearCaptions’ Telephone Number, ClearCaptions Phone or Mobile Application in any way that is illegal, fraudulent, improper, or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation, or any third party’s intellectual property.
ClearCaptions may, at its option, review your account and take further action, including action to terminate or suspend your ClearCaptions Telephone Number, ClearCaptions Phone or Mobile Application use if it determines you are using that Service contrary to this Policy or our Agreement. Where reasonable, ClearCaptions will provide you with notice of improper usage before suspension or termination of your service and, if appropriate, ClearCaptions may offer you an alternative Service or Product.
Last Updated: November 6, 2025
Updates to ClearCaptions Privacy Policy
ClearCaptions provides this summary of recent changes pursuant to its right to change its Privacy Policy. If you do not object to the changes within 30 days, you will be deemed to have accepted the changes.
This Privacy Policy (the “Policy”) explains how ClearCaptions LLC and its affiliates, including but not limited to ClearWellness, LLC (together, “ClearCaptions” or “we”/ “our”/ “us”) collect, use, share, and otherwise process the personal information we collect about consumers. This Policy details what information we collect, how we use it, and the choices and rights you have regarding its use. Our aim is to give you the necessary insights to make informed decisions about your interactions with us, including online. By using our websites, mobile applications, or other products and services (“Services”) and providing your personal information to us, you give us permission to process your personal information as described in this Policy. If you do not agree with the data collection practices described in this Policy, do not access or use our Services.
This Policy describes the various contexts and circumstances in which we collect personal information, including through our Services. It applies to data collected via the following:
For questions about the scope of this Policy, please contact us as set forth in the Contact Information section.
We obtain the information we collect about you through various means and sources, including:
We collect and use personal information for several purposes, including to provide our Services and continually improve them. The personal information we collect, and how that information is used, depends on how you interact with us, the choices you make when engaging with us, and the Services you use. Please note, we share personal information for targeted advertising purposes, and we allow users to exercise their privacy rights with respect to this sharing.
This section provides an overview of the types of personal information we may collect about you and the general purposes for which they are used in particular contexts. Please note that the actual information collected, and its use, may vary depending on your interactions with us and the Services you use.
This section describes the personal information we collect about you when you provide it directly to us through our Services, or in an electronic or other communication.
We collect, use, and disclose personal information gathered in connection with your online interactions with us, including your use of our websites and their features. We also collect personal information in connection with electronic communication services like email and electronic messaging, and our social media pages (though not the platforms on which they are maintained). When you use our Services, we collect some information automatically and combine it with other information we collect about you. In many cases we utilize third parties to assist with this collection. In such cases, your personal information is made available to other entities for processing on our behalf or at our direction or to serve you with targeted advertisements.
Some of this information is collected and logged because of your access to our servers, by various technologies such as cookies, web beacons, scripts, tags, and other software code that store and transmit personal and other information (collectively “data collecting technologies”). Some of these data collecting technologies are used by third parties to collect or receive information from our Services and elsewhere on the Internet and use that information to provide measurement services and target ads.
We may use third-party services for various purposes, including but not limited to analytics, advertising, and customer support. Below are some specific third parties that we may use. To learn more about the types of entities who deploy cookies and online tracking technologies on our websites, please review “Disclosure of Personal information.”
To the extent these data gathering technologies are deemed to be a “sale” / “sharing” (which includes targeted advertising, as defined under the applicable laws) under applicable U.S. state laws, you can opt-out of these online tracking technologies by submitting a request using our cookie management tool (for cookies and other data collecting technologies), our privacy request form, or using the contact information provided below. Please note, some features of our websites may not be available to you as a result.
We obtain information from businesses which assist us in providing our business and Services, such as our data analytics providers, marketing or advertising service providers, fraud prevention service providers, vendors that provide services on our behalf, and publicly available sources. We also create information based on our analysis of the information we have collected from you. We use this information for our business operations purposes, including offering and improving our services, providing customer support, measuring the effectiveness of our Services, accounting and transaction purposes, and to enforce our terms and policies. Please see “Disclosure of Your Personal information” to learn more about how we process personal information via our business services providers.
While less frequent, there are other scenarios where we may use or disclose your personal information:
We may disclose the above information to the following types of parties:
We retain your personal information only as long as needed to fulfill the purposes we collected it for, including satisfying legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider (i) the amount, nature, and sensitivity of the personal information; (ii) the potential risk of harm from unauthorized use or disclosure of your personal information; (iii) the purposes for which we process your personal information and whether we can achieve those purposes through other means; and (iv) the applicable legal requirements related to our processing activities. Additionally, we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. If you have any questions about the specific retention periods for different types of your personal information, please feel free to contact us using the Contact Information provided below.
You can control the collection and use of personal information for some of our processing activities. Below are the avenues through which you can manage the types of communications you receive from us:
Depending on your location and applicable laws and regulations, you may also have data privacy rights regarding ClearCaptions’ processing of your personal information. Based on the legal requirements applicable to your jurisdiction, and subject to any legal restrictions or exceptions, you may have the choices and rights described below.
Residents of California may also have additional rights pertaining to their personal information, as described in "California Privacy Rights.”
To exercise any of the rights outlined above, please visit our web form.
To ensure the security and confidentiality of your personal information, we have established verification measures that must be completed prior to fulfilling certain requests to exercise your data rights. These measures may involve confirming your identity through a series of questions or requiring documentation that substantiates your identity or authority to make the request. Should we be unable to verify your identity or authority adequately, we reserve the right to decline the request and will provide an explanation for our decision. Upon receiving a verified request to exercise your data rights, where applicable, we will acknowledge receipt of the request. We will aim to respond substantively to your request within time permitted under the applicable law. If we require more time to process your request, we will inform you of the reason and extend the period by the notified number of days.
Please note that not all requests will be granted. Certain legal exceptions may apply, such as if we are unable to verify your identity, or if there are legal or contractual reasons that prevent us from fulfilling a deletion request. Regardless of the outcome, you will receive a written response that either details the actions we took or explains why no action was possible. If you are dissatisfied with our initial response, you may seek further review.
To initiate an appeal, please contact us within 30 days of receiving our initial response using the method provided in the response. You should include a copy of your original request, our response, and a detailed explanation of why you are seeking reconsideration. You may also attach any additional supporting information and documents that you believe are relevant. We will review your appeal and provide a final determination within 60 days.
We implement recognized physical, technical, and organizational safeguards tailored to protect the confidentiality, integrity, and availability of personal data we collect and process. These safeguards are designed to prevent unauthorized or unlawful access, destruction, loss, alteration, or disclosure of personal data. However, despite our best efforts, no security measures can provide absolute protection against all security threats, and we cannot guarantee that unauthorized access or loss will never occur. We have procedures in place to deal with any suspected data security breach. We will notify the appropriate person and/or any applicable regulator of a suspected data security breach where we are legally required to do so.
Our websites are not directed to children and are intended for use by individuals who have reached the age of majority in their jurisdiction, or the age of digital consent where applicable. We do not knowingly collect personal information from children without the appropriate consent required by law. We may offer certain services that can be used by children. In those cases, a parent or legal guardian must provide any required consent before a child may use the service. We collect, use, and disclose a child’s information only as permitted by applicable law, including any limits on targeted advertising, profiling, and data sharing.
If you are a parent or guardian and believe we have collected personal information from your child without the required consent, contact us at compliance@clearcaptions.com . We will take reasonable steps to verify your request and delete the information unless we are required to retain it for legal, safety, or security reasons.
California residents: we do not sell or share personal information of consumers under 16 years of age without the required opt in. United States residents: when a service is intended for use by children under 13, we obtain verifiable parental consent consistent with the Children’s Online Privacy Protection Act.
We reserve the right to modify this Policy at any time to reflect changes in our practices, services, or legal obligations. Any modifications will be effective upon the date specified in the updated Policy. If we make material changes to this Policy that significantly affect your rights or the way we use your personal information, we will notify you through the most appropriate channels. Generally, this will be done by updating the date at the top of this page. However, other notification methods may include sending an email to the address you have provided, posting a notice on our Services, or other methods as required by law. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.
We will indicate the date of the last revision at the top of this Policy. We encourage you to periodically review this Policy to stay informed about how we are protecting your personal information.
This section is tailored to meet the specific requirements imposed by California law. While this section outlines state-specific rights for California residents, the preceding sections of this Policy also apply to them.
California law requires us to disclose the following additional information with respect to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of the Policy.
|
Description of Information Practices Regarding CCPA-Defined Categories of Personal Information |
|||||||||||
|
Category |
Examples |
Collected |
Disclosed for a Business Purpose |
Shared for Cross-Context Behavioral Advertising |
|||||||
|
Identifiers |
A real name, alias, postal address, unique personal identifier (e.g., employee ID), online identifier, Internet Protocol address, email address, driver's license number, passport number or other similar identifiers. |
✔ |
✔ |
✔ |
|||||||
|
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) |
A name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. |
✔ |
✔ |
|
|||||||
|
Protected classification characteristics under California or federal law |
Age (40 years or older), citizenship, marital status. |
✔ |
✔ |
|
|||||||
|
Commercial information |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
✔ |
✔ |
|
|||||||
|
Biometric information |
|
|
|
|
|||||||
|
Internet or other similar network activity |
Browsing history, information on a consumer's interaction with a website, application, or advertisement. |
✔ |
✔ |
✔ |
|||||||
|
Geolocation data |
Physical location or movement. |
✔ |
✔ |
✔ |
|||||||
|
Sensory data |
Audio, electronic, visual, thermal, olfactory, or similar information. |
✔ |
✔ |
|
|||||||
|
Professional or employment-related information |
Current or past job history or performance evaluations. |
|
|
|
|||||||
|
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)) |
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
|
|
|
|||||||
|
Inferences drawn from other personal information |
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
✔ |
✔ |
✔ |
|||||||
|
Sensitive Information |
Government identifiers (social security, driver's license, state identification card, or passport number); complete account access credentials (usernames, account numbers, or card numbers combined with required access/security code or password); precise geolocation; racial or ethnic origin; mail, email, or text message contents; genetic data; data concerning health, sex life or sexual orientation. |
✔ |
✔ |
|
|||||||
For a comprehensive understanding of the types of personal information we collect, the sources from which we collect it, and the purposes for which we use it, please refer to the “Information Collected and How We Use It” section of this Policy.
California law grants specific rights to California consumers regarding their personal information. Note that these may be duplicative of the rights described above in “Your Privacy Rights”. They are as follows:
To exercise your California privacy rights, please visit this web form or use the contact methods described below. We may request specific information from you to help us confirm your identity and your rights. We will respond to your request within a reasonable period (if properly submitted) and in accordance with applicable law. If we need more time to verify your identity, process and respond to your request, we will notify you of that fact along with the reason for the delay. If we decline to act regarding your request, we will inform you of our decision and the reason for it, and, if applicable, with instructions on how you may appeal our decision.
You have the option to designate an authorized agent to submit requests on your behalf for exercising your data rights. An authorized agent can be either a person or a business entity that you have formally authorized to act on your behalf.
To use an authorized agent:
Please note that we reserve the right to deny requests from agents who do not provide proof of authorization or if we cannot verify the agent’s identity.
If you have any questions or concerns about this Policy or our data practices, you can reach out to us through the following means:
Email: compliance@clearcaptions.com
Mail: ClearCaptions Compliance/Legal Department, 3026 Owen Drive, Suite 111, Antioch, TN 37013
Submit Your Privacy Rights Request: https://clearcaptions.com/data-requests/
