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Am I Eligible?2026-06-03T17:50:28+00:00
Smiling older woman using the ClearCaptions caption phone

How to qualify
for a ClearCaptions Phone

Stay connected with the ClearCaptions Phone, a special caption phone designed to help people with hearing loss read every word of their phone conversations. The ClearCaptions service is funded by a federally managed program, so if you qualify, we can provide the ClearCaptions Phone at no cost to you.

Who qualifies for ClearCaptions?

If the following four questions apply to you, you may qualify for a ClearCaptions Phone at no cost.

Are you hard of hearing?

ClearCaptions is designed for individuals with hearing loss who need captions to use the phone.

Do you live in the United States?

Since a federally managed program funds the ClearCaptions service, ClearCaptions is only available to qualified individuals living in the United States and/or its territories.

Do you have home internet?

The ClearCaptions service requires a reliable internet connection.

Do you communicate in English?

The ClearCaptions service is currently only available in English.

Sign up to receive a ClearCaptions Phone at no cost to you.

Who benefits most from a caption phone?

People who need captions to follow phone calls

If phone conversations have become difficult as a result of your hearing loss, ClearCaptions might be right for you. The ClearCaptions Phone allows you to read and hear what the caller is saying, making it easier to follow along during phone conversations.

People with
age-related hearing loss

Age-related hearing loss is a common challenge, often making phone conversations harder to keep up with. Bring clarity back to your conversations and rediscover the joy of staying connected over the phone.

Veterans with
hearing loss

Many veterans experience hearing loss from exposure to loud noises and machinery during their service. A ClearCaptions Phone helps our honored veterans reconnect with family and friends through captions they can read as they listen.

People with hearing aids who still struggle with phone calls

Hearing aids are effective for many, but they don’t always provide the clarity needed for phone calls. ClearCaptions Phones work alongside hearing aids to ensure you never miss a word in the moments that
matter most.

Caregivers of loved ones with
hearing loss

A ClearCaptions Phone gives caregivers peace of mind knowing their loved one can stay connected, answer calls independently, and never miss an important conversation.

How ClearCaptions works

Qualify

Checking your caption phone eligibility
is simple. If you meet the four
qualifications listed above,
ClearCaptions will guide you through
the rest.

Certify

No medical documentation or doctor’s 
signatures are necessary. We’ll walk you through the self-certification
process step by step.

Connect

Once approved, ClearCaptions will
ship your caption phone and provide
in-person support and training to get you started.

Do I need to provide
medical proof of hearing loss?

No medical certification is required! During setup, one of our trained ClearCaptions specialists will guide you through the self-certification process to verify your eligibility.

Senior woman smiling while looking at her flowers

What happens after I confirm my
caption phone and service eligibility?

Once we confirm your caption phone eligibility, we’ll find the best day and time for a ClearCaptions specialist to come to your home and set up the phone for you at no charge. We’ll take the time to walk you through your new phone and its call captioning service, making sure you’ll always feel confident using it. Your ClearCaptions Phone comes with a lifetime warranty, and if you ever have any questions, we’re always here for you at 866-868-8695.

ClearCaptions is available at no cost to those who qualify thanks to the Americans with Disabilities Act

Would you like to refer someone to the ClearCaptions service?

If you are a health or in-home care provider, you can refer your patients to ClearCaptions using this form. Once we receive their information, a ClearCaptions representative will be in touch with them to discuss how they can obtain a ClearCaptions Phone.

See ClearCaptions in action!

Watch the video to see how ClearCaptions is making connections you can see. 

See how ClearCaptions is
making an impact

senior woman giving her testimonyTeri W. giving her testimonysenior woman giving her testimony
senior giving his testimonyJerry P. giving his testimony
senior woman giving her testimonyGloria M. giving her testimony
senior giving his testimonyLee S. giving his testimony
senior giving his testimonyPauline S. giving her testimony
senior giving his testimonyAvery G. giving his testimony
senior giving his testimonyAustin Z. giving his testimony

Frequently asked questions

Do you have questions about ClearCaptions? We’re here to help. See some of our most frequently asked questions about how to get a caption phone below.

I live with someone hard of hearing, but I’m not. Can I get a phone for them?2026-05-04T10:17:05+00:00

Caption phones are available only to those with certified hearing loss. However, you can help them obtain their phone and set up the service.

Can I qualify if I wear hearing aids or cochlear implants?2026-05-04T10:16:48+00:00

Yes. Wearing hearing aids or cochlear implants will not affect your eligibility to receive a ClearCaptions Phone. Caption phones work well with hearing aids or cochlear implants, and many of our customers enjoy using both technologies at the same time.

Can I adjust the caption size or background color on the ClearCaptions Phone?2026-05-04T10:16:10+00:00

Yes. The caption size and background color are customizable to your preference. When our specialist sets up your phone, they will also show you how to customize your settings. We also have informational videos available for you to watch on our ClearCaptions Support page.

Where to get a caption phone?2025-06-23T21:59:09+00:00

Click here to get in touch with a ClearCaptions specialist about getting your own captioned phone. You can also call 1-833-357-0729 for more information.

Why is ClearCaptions available at no cost?2025-06-23T21:56:49+00:00

Thanks to provisions made under Title IV of the Americans with Disabilities Act (ADA), we can provide ClearCaptions Phones to qualifying U.S. residents at no cost!

How does ClearCaptions protect my privacy?2025-06-23T21:56:10+00:00

Rest assured, your phone conversations and their captions are private and secure. We follow strict Federal Communications Commission (FCC) rules on confidentiality. Your privacy is guaranteed.

Who qualifies for a ClearCaptions Phone?2025-06-23T21:52:13+00:00

To qualify for a ClearCaptions Phone, you must be a U.S. resident with an internet connection who can certify that you are deaf or hard of hearing. Since our caption services are currently only available in English, you’ll also need to be able to communicate in English.

How do captioned telephones help me follow conversations more easily?2023-10-02T15:32:06+00:00

The ClearCaptions Phone displays phone captions on an easy-to-use touchscreen display. Title IV of the Americans with Disabilities Act (ADA) makes this service available at no cost to qualified U.S. residents.

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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 logo
BBB Accredited Business

Overview

Resources

About us

© ClearCaptions, LLC. All rights reserved.

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 logo

Overview

Resources

About us

© ClearCaptions, LLC. All rights reserved.
BBB Accredited Business

Terms of Use

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.

  • ClearCaptions is not liable for missed or deleted caption records.
  • You agree not to store or transmit protected health information on the ClearCaptions System or Endpoints. Further, ClearCaptions System and Endpoints are not intended to be an Electronic Health Records system.
  • If a ClearCaptions Mobile Application customer deletes their Application, all stored voicemails will be lost.
  • ClearCaptions Telephone Number is NOT available outside of the United States and the District of Columbia.
  • YOU NEED TO PROVIDE LOCATION OR OTHER INFORMATION TO CLEARCAPTIONS AND UPDATE THIS INFORMATION WHEN YOU CHANGE LOCATIONS FOR YOUR 911 SERVICE TO FUNCTION PROPERLY.
  • 911 CALLS MAY BE INCORRECTLY CONNECTED TO THE CALL CENTER’S ADMINISTRATIVE LINE, WHICH MAY NOT BE STAFFED AFTER HOURS OR BY TRAINED 911 OPERATORS.
  • 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.
  • In some cases, ClearCaptions also may need to collect and provide copies of one or more of the documents for the purpose of ensuring proper administration of the TRS program: Driver’s License, Birth Certificate, Certificate of Naturalization or U.S. Citizenship, Current Mortgage or Lease Statement, Dated Residency Verification Letter, Divorce Decree/Agreement, Government Assistance Program, Marriage License, Medical Bill, Prior Year’s State, Federal, or Tribal Tax Return, US Government, State, or Military ID, Unexpired Health Insurance Card, Unexpired Passport, Unexpired Permanent Resident Alien Card, or Utility Bill.

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

  • The Internet Protocol Captioned Telephone Service (“IP Captioned Telephone Service” or “Captioning”) is available only to individuals who have a medically recognized hearing loss necessitating their use of the captioning service.
  • The IP Captioned Telephone Service is supported through the Federal Interstate TRS Fund.
  • All calls either made or received from a ClearCaptions Endpoint must include a hearing-impaired person who needs captions to fully utilize the telephone. If a non-hard-of-hearing person uses your ClearCaptions Endpoint or if the user does not need captions to fully utilize the telephone, captioning must be turned off. (See User Guide for directions.)
  • A non-hard-of-hearing person may not use the ClearCaptions Endpoint to make or receive phone calls with Captions on or enabled.
  • Only individuals, including you, who have registered and completed a Self-Certification Form with ClearCaptions may use your ClearCaptions Endpoint with Captions on or enabled.
  • Failure to provide correct information when you register for ClearCaptions or use the IP Captioned Telephone Service can lead to termination of your Service and possible prosecution.

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.

  1. License: Subject to your compliance with this Agreement and the accuracy of your certifications in Section 2 above, we hereby grant you a limited, nonexclusive, non-assignable, revocable license to use the Firmware on a ClearCaptions Phone and/or to use the Software on the applicable Endpoints. This license does not authorize your use of the Firmware on any other brand of phone or captioning device, or to copy the Firmware to any other device, computer or other means of electronic data storage, including, but not limited to, a flash drive, a hard disk and/or CD-ROM. This license likewise does not authorize you to copy the ClearCaptions Mobile Application or Software to any other device, computer or other means of electronic storage, including, but not limited to, a flash drive, a hard disk and/or CD-ROM.
  2. Updates: We will provide you with any Firmware or Software updates, as may be released from time to time. You are granted a limited, nonexclusive, non-assignable, revocable license to automatically receive these updates to the Endpoints, as applicable, licensed to you, subject to the restrictions contained herein. You are not permitted to update or restore Firmware on any other ClearCaptions Phone or to make Firmware available or accessible to any third party. These updates and releases may not provide all of the options and features available on earlier released ClearCaptions Phone models or, as applicable, Endpoints.
  3. Authorization. Subject to and conditioned on User’s payment of the taxes, fees, (government-mandated and elective), charges for a ClearCaptions Phone and surcharges and compliance and performance in accordance with all other terms and conditions of this Agreement and the Privacy Policy, which is available online at [https://clearcaptions.com/privacy/], ClearCaptions hereby authorizes you to access and use the Services and Products and such ClearCaptions Systems as ClearCaptions may supply or make available to you solely for the Permitted Use by and through you in accordance with the conditions and limitations set forth in this Agreement and the Privacy Policy. This authorization is non-exclusive and is non-transferable. ClearCaptions does not authorize you to resell or transfer ownership of any ClearCaptions Service or Product, including the ClearCaptions Phone. The ClearCaptions Phone is proprietary and is only intended for use with the ClearCaptions Service. The ClearCaptions Phone shall only be sold or distributed by ClearCaptions or its authorized dealer and the end user is not authorized to resell or transfer ownership of the phone without ClearCaptions prior approval.
  4. Reservation of Rights: Nothing in this Agreement grants any right, title or interest in or to (including any license under) any Intellectual Property Rights in or relating to, the Services, ClearCaptions System or Third Party Materials, whether expressly, by implication, estoppel or otherwise. All right, title and interest in and to the Services, the ClearCaptions System and the Third Party Materials are and will remain with ClearCaptions and the respective rights holders in the Third Party Materials.
  5. Limitations and Restrictions. You shall not, and shall not permit any other Person to, access or use the Services or ClearCaptions Systems except as expressly permitted by this Agreement and, in the case of Third-Party Materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, you shall not, except as this Agreement expressly permits:
    1. copy, modify or create derivative works or improvements of the Services or ClearCaptions Systems;
    2. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any Services or ClearCaptions Systems or ClearCaptions Endpoints to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
    3. reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Services or ClearCaptions Systems, in whole or in part;
    4. bypass or breach any security device or protection used by the Services or ClearCaptions Systems or access or use the Services or ClearCaptions Systems other than pursuant to the terms of this Agreement;
    5. input, upload, transmit or otherwise provide to or through the Services or ClearCaptions systems, any information or materials that are unlawful or injurious, or contain, transmit or activate any Harmful Code;
    6. damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Services, ClearCaptions systems or ClearCaptions’ provision of services to any third party, in whole or in part;
    7. remove, delete, alter or obscure any trademarks, Documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services or ClearCaptions Systems, including any copy thereof;
    8. access or use the Services or ClearCaptions Systems in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any third party, or that violates any applicable law;
    9. access or use the Services or ClearCaptions Systems for purposes of competitive analysis of the Services or ClearCaptions Systems, the development, provision or use of a competing software service or product or any other purpose that is to the ClearCaptions’ detriment or commercial disadvantage;
    10. access or use the ClearCaptions Telephone Number with any other product or service except the ClearCaptions Services;
    11. interfere, disrupt, block, degrade or otherwise impair updates transmitted to Endpoints or the functionality that enables Endpoints to determine whether Software updates are needed or other transmissions and connections between Endpoints and ClearCaptions gateways; or
    12. otherwise access or use the Services or ClearCaptions Systems beyond the scope of the authorization granted under this Section 3(e).
  6. Termination of Services. ClearCaptions reserves the right to terminate the Services and reclaim all of the related equipment used in connection with the Services for any violation of Section 3(e) of this Agreement or for violation any other material term of this Agreement.
  7. ClearCaptions Intellectual Property Rights. All right, title and interest in and to the Services and ClearCaptions Systems, including all Intellectual Property Rights therein, are and will remain with ClearCaptions and the respective rights holders in the Third-Party Materials. You have no right, license or authorization with respect to any of the Services or ClearCaptions Systems (including Third-Party Materials) except as expressly set forth in Section 3(c) or the applicable third-party license, in each case subject to Section 3(e). All other rights in and to the Services and ClearCaptions Systems (including Third-Party Materials) are expressly reserved by ClearCaptions and the respective third-party licensors.

4. COMPLIANCE WITH RELEVANT LAWS.

  1. General Use of Services . You agree to use the ClearCaptions Products and Services in compliance with all applicable laws, including: (a) FCC regulations; and (b) the laws of the state, country, or region where you (i) reside, (ii) lawfully obtained the ClearCaptions Products, (iii) download updates, and/or (iv) use the ClearCaptions Products. This specifically includes ensuring that Endpoints with captions on or enabled are not used by a non-hearing impaired person, any other person who does not need captioning, or any person who has not registered to use ClearCaptions captioned telephone service.
  2. Caption Recording . The Endpoints include a feature that saves captioning from a conversation. The saved captioning is stored on the Endpoint running the Application. The resulting caption record is accessible to you, but it is not accessible by us. You acknowledge and agree that state law in many jurisdictions requires consent from all parties to a telephone conversation or other two-way voice communication before lawfully recording such conversations. You acknowledge and agree further these laws may apply if any party to a communication is located in such a state, even if you are not. We are not liable for missed or deleted caption records. You agree that you bear sole responsibility for using the saving feature in compliance with all applicable laws, including obtaining consent where required by state law or turning off the feature, and you agree to indemnify and hold harmless ClearCaptions from all liability for any use of the caption storing feature. 
  3. You agree not to use the Services to engage or participate in communications or conduct of an abusive, pornographic, lewd, obscene, harassing, fraudulent or unlawful nature while using the ClearCaptions Products or Services.
  4. You agree not to behave in an abusive, harassing, aggressive or threatening manner toward ClearCaptions representatives that you encounter during the course of installation, use or maintenance of the ClearCaptions Products or Services.
  5. You agree to use the Endpoints exclusively to engage in communication with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio. You agree not to use the Endpoints for any other purpose. In the event that we believe that you are not using IP Captioned Telephone Services to engage in communication with one or more individuals, in a manner that is functionally equivalent to the ability of a hearing individual who does not have a speech disability to communicate using voice communication services by wire or radio, we may immediately cease captioning and, upon 14 days’ prior written notice, cease providing ClearCaptions Telephone Number for violation of this Agreement.
  6. You agree not to store or transmit protected health information on the ClearCaptions System or Endpoints. Further, ClearCaptions System and Endpoints are not intended to be an Electronic Health Records system.

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.

  1. Telephone Numbers. ClearCaptions utilizes 10-digit phone numbers provided by a VoIP provider to offer ClearCaptions Telephone Numbers to use with applicable Endpoints. We will use our best efforts to secure a 10-digit phone number with an area code closest to your physical location that is in any of the 50 U.S. states and the District of Columbia. We reserve the right to reclaim abandoned ClearCaptions Telephone Numbers that were assigned to a registered User. Once a ClearCaptions Telephone Number is reclaimed we cannot guarantee that a particular ClearCaptions Telephone Number or any other 10-digit phone number can be provisioned to you subsequently.
  2. Porting. When you sign up to use a ClearCaptions Telephone Number, we will assign a 10-digit phone number that we obtained from a VoIP provider. You will be able to transfer (or “port”) the ClearCaptions Telephone Number to a provider other than the VoIP provider from which ClearCaptions obtained the 10-digit phone number subject to Section 5(d). If you determine your number has been ported out without your authorization please contact ClearCaptions Customer Support by calling 1 (866) 868-8695 or by sending an email to support@clearcaptions.com
  3. Voicemail. ClearCaptions Telephone Number offers voicemail box functionality. Your voicemail box can only hold a limited amount of messages. If your voicemail box is full, you will be notified. Callers trying to leave a voicemail when your voicemail is full won’t be able to leave a voicemail until you erase some messages. If a ClearCaptions Mobile Application customer deletes their Application, all stored voicemails will be lost. We are not liable for missed or deleted voicemails or other messages that gets lost or are delayed in delivery or for partial or total non-performance of any voicemail service.
  4. [Reserved]
  5. Government-Mandated Taxes, Fees and Surcharges and Elective Fees. The VoIP provider ClearCaptions obtains 10-digit phone numbers from may be assessed fees associated with contributions to the Universal Service Fund (“USF”) or other regulatory fees and government-mandated taxes, fees and surcharges including 911 surcharges. Additionally, the VoIP provider may impose elective fees on ClearCaptions associated with obtaining a 10-digit phone number and the services to support interconnecting the 10-digit phone number with the public telephone network. We reserve the right to recover (i) government mandated taxes, fees and surcharges that a VoIP provider imposes on ClearCaptions or directly imposed on ClearCaptions by a governmental or regulatory authority; (ii) any elective fees that a VoIP provider imposes on ClearCaptions; (iii) any fees as identified in Section 5(d) above; or (iv) any combination of the preceding, and, in each case, directly from you by billing you these charges consistent with relevant law. Should we choose to execute that right, you will be provided prior notice before any such charges are billed and/or collected except for recurring charges where you will receive notice prior to our imposition of the first recurring charge but not on each recurring charge thereafter. You can cancel your service at any time, with no charge, but if you fail to cancel after receiving prior notice of such charges, you agree to pay any charges imposed by us.
  6. Geographic Number. ClearCaptions Telephone Number is NOT available outside of the United States and the District of Columbia.

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:

  • GENERAL LIMITATIONS APPLICABLE TO THE SERVICES AND ALL CLEARCAPTIONS PRODUCTS: PLACING A 911 CALL USING THE SERVICES AND A CLEARCAPTIONS PRODUCT IS SUBJECT TO THE FOLLOWING LIMITATIONS (A) WE CANNOT GUARANTEE THAT A CONNECTION WILL BE ESTABLISHED ENABLING THE PLACING OF EMERGENCY CALLS; (B) YOU NEED TO PROVIDE LOCATION OR OTHER INFORMATION TO CLEARCAPTIONS AND UPDATE THIS INFORMATION WHEN YOU CHANGE LOCATIONS FOR YOUR 911 SERVICE TO FUNCTION PROPERLY (C) 911 CALLING WILL NOT BE FUNCTIONAL IF YOUR BROADBAND CONNECTION IS NOT FUNCTIONAL FOR ANY REASON OR ANY OF YOUR ENDPOINTS CANNOT ACCESS A BROADBAND INTERNET CONNECTION AT THE TIME THE CALL IS ATTEMPTED; (D) 911 CALLING MAY NOT BE AVAILABLE IF THERE IS A POWER OUTAGE ASSOCIATED WITH YOUR BROADBAND CONNECTION OR YOUR ENDPOINTS; (E) 911 CALLING WILL NOT BE AVAILABLE IF YOUR SERVICES ARE CANCELLED, TERMINATED OR SUSPENDED BY CLEARCAPTIONS FOR ANY REASON; (F) YOUR 911 CALL MAY BE DELAYED OR NOT TRANSMITTED AS RAPIDLY AS THOSE TRANSMITTED USING A TRADITIONAL WIRELINE PHONE OR TTY SERVICE; (G) IF A CONNECTION IS ESTABLISHED, SUCH CONNECTION MAY NOT BE TO THE GEOGRAPHICALLY APPROPRIATE EMERGENCY RESPONSE CENTER (H) 911 CALLS MAY BE INCORRECTLY CONNECTED TO THE CALL CENTER’S ADMINISTRATIVE LINE, WHICH MAY NOT BE STAFFED AFTER HOURS OR BY TRAINED 911 OPERATORS ; (I) IF A CONNECTION IS ESTABLISHED, YOUR ACTUAL LOCATION INFORMATION MAY NOT BE AVAILABLE TO THE EMERGENCY CALL TAKER; (J) IF A CONNECTION IS ESTABLISHED, THE INCORRECT ADDRESS MAY BE AUTOMATICALLY PROVIDED TO THE EMERGENCY CALL TAKER; (K) IF A CONNECTION IS ESTABLISHED, IP CAPTIONED TELEPHONE SERVICES MAY SLOW THE RESPONSE TIME OR THE RELAY OF EMERGENCY INFORMATION; (L) THE EMERGENCY CALL TAKER MAY NOT HAVE THE CAPABILITY TO RECEIVE EITHER REGISTERED 911 LOCATION (AS DEFINED BELOW) INFORMATION ASSOCIATED WITH YOUR ACCOUNT OR AUTOMATIC LOCATION INFORMATION WHEN USING THE CLEARCAPTIONS PRODUCTS; (M) THE EMERGENCY CALL TAKER MAY NOT HAVE THE CAPABILITY TO REACH YOU ON THE ENDPOINT YOU USED TO DIAL 911 BECAUSE THE CLEARCAPTIONS TELEPHONE NUMBER COULD RING ALL OF YOUR CLEARCAPTIONS’ ENDPOINTS AT THE SAME TIME AND (N) IF YOUR ENDPOINTS USED TO PLACE 911 CALLS MALFUNCTION FOR ANY REASON, YOU MAY NOT BE ABLE TO PLACE 911 CALLS, YOUR REGISTERED 911 LOCATION (AS DEFINED BELOW) OR AUTOMATIC LOCATION INFORMATION MAY NOT TRANSMIT OR YOU MAY NOT BE ABLE TO RECEIVE A CALL BACK FROM AN EMERGENCY CALL TAKER.
  • User-Provided Registered 911 Location . To ensure your 911 call is routed to the proper Emergency Response Center and to ensure that the emergency response personnel can send help to your physical location in any of the 50 U.S. states and the District of Columbia, ClearCaptions needs to obtain the address from which you are placing the emergency call (“Registered 911 Location”).  You are responsible for providing ClearCaptions an up-to-date Registered 911 Location. If you fail to do so, we may not be able to obtain your location information and route your call to the appropriate Emergency Response Center or provide your physical location. If you change your Registered 911 Location, you must update ClearCaptions with your new Registered 911 Location. If ClearCaptions is not able to validate the new Registered 911 Location, you will not be able to submit the provided address and it could take as long as up to several business days to activate 911 service at the provided address. If a 911 emergency call is made prior to activation, then your call and the Registered 911 Location information may not be automatically routed to the appropriate Emergency Response Center.  You can inform ClearCaptions of your initial or new Registered 911 Location by calling 1 (866) 868-8695. You can also update your Registered 911 Location directly through either the ClearCaptions Mobile Application or directly through your ClearCaptions Phone.
  • Single-number Feature may Interfere with 911 Call-back . ClearCaptions uses a single-number feature for the ClearCaptions Telephone Number associated with your Endpoints. The single-number feature is designed to ring on multiple Endpoints simultaneously, provided that such Endpoints are associated with your Service. Emergency personnel may not be able to reach you if one of your other Endpoints (that is utilizing the single-number feature) is answered prior to you answering the device from where the 911 call was placed.
  • 911 Available Only in the U.S . Emergency calling functionality as described in this Section 6 for all ClearCaptions Products is available only for calls placed from a location in any of the 50 U.S. states and the District of Columbia.
  • 911 Mobile Calling. By using the ClearCaptions Mobile Phone or the ClearCaptions Mobile Application on a mobile platform, or any part thereof in any way, you grant us permission to share your location with emergency response personnel. Your location may be automatically detected when you use the ClearCaptions Mobile Phone or your mobile platform is running the ClearCaptions Mobile Application and we may transmit that information to Emergency Response Center or we may transmit your Registered 911 Location information. We cannot know with certainty which location will be transmitted with such calls. We will attempt to route your call to the geographically appropriate Emergency Response Center based on your location information but if we rely on your Registered 911 Location and that is different than your actual location, your 911 call may be routed to the incorrect Emergency Response Center. It is also possible that your call may be routed to an Emergency Call Center. Such center will only have access to your Registered 911 Location which may not be your actual location and may not have access to your call-back telephone number. Additionally, such Emergency Call Centers will not be the geographically appropriate Emergency Response Center that will likely result in the delay of dispatching emergency first responders.
  • Mobile Device Location Setting .  Your location can only be detected when your device location setting is enabled. This allows us to determine your devices’ location using a combination of global positioning service (GPS), nearby wireless access points, cell towers, and/or your IP address. Depending on the capabilities of your device, the capabilities of the underlying wireline or wireless networks, and/or the Emergency Response Center, your device’s automatic location can be determined with varying degrees of accuracy. NOTE THAT EVEN IF THIS FUNCTIONALITY IS ENABLED, WE MAY STILL ROUTE YOUR CALL BASED ON THE REGISTERED 911 LOCATION FOR A VARIETY OF REASONS.
  • Wi-Fi Only Mobile Devices. AUTOMATIC LOCATION INFORMATION MAY NOT BE AVAILABLE TO US WHEN USING SUCH DEVICES OR THE LOCATION INFORMATION TRANSMITTED MAY BE ASSOCIATED WITH THE WI-FI ACCESS POINT RATHER THAN YOUR ACTUAL DEVICE. IN THE EVENT THAT THE LOCATION INFORMATION IS UNAVAILABLE WE WILL ONLY USE YOUR REGISTERED 911 LOCATION FOR ROUTING 911 CALLS AND FOR PROVIDING AUTOMATIC LOCATION INFORMATION TO EMERGENCY CALL TAKERS.
  • Emergency Call Center. ClearCaptions reserves the right to route a 911 call to an Emergency Call Center when it cannot validate location information. An Emergency Call Center may require you to provide your current location orally to determine the geographically appropriate Emergency Response Center.

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.

  1. Limited Warranty for ClearCaptions Phones . We warrant that for a period of one (1) year (“Warranty Period”) after delivery of the ClearCaptions Phone to you, and under normal use by the original end-user purchaser, that the ClearCaptions Phone shall be free from defects in materials and workmanship under normal use, provided that ClearCaptions reserves the right to exclusively determine how to repair any defective phones during the Warranty Period which may include repair or replacement of the ClearCaptions Phone with a new or refurbished device. In the event there are FCC regulations which prevent ClearCaptions from issuing you a replacement ClearCaptions Phone, ClearCaptions may provide you with a different ClearCaptions model as a replacement.
  2. Scope of Limited Warranty for ClearCaptions Phones . This warranty applies only to defects in factory materials and factory workmanship. Any condition caused by accident, abuse, misuse or improper operation, violation of instructions furnished by ClearCaptions, destruction or alteration, improper electrical voltages or currents, or repair or maintenance attempted by anyone other than ClearCaptions or an authorized service center, is not a defect covered by this warranty. Telephone companies manufacture different types of equipment and ClearCaptions does not warrant that its equipment is compatible with the equipment of a particular phone company. This limited warranty applies only to the ClearCaptions Phone and not to any third-party products, even if the product is sold with or packaged with ClearCaptions branded products. In so far as permitted by law, the ClearCaptions Phone is provided “as is”. In the case of any inconsistencies between the phone warranty found in the box and this limited warranty, this limited warranty will control. We may update this limited warranty at any time, and we will post such updates. Using the ClearCaptions Phone after the changes become effective means you agree to the new terms. If you do not agree to the new terms, you must stop using the ClearCaptions Phone.

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.

  1. Refund for ClearCaptions Products . If for any reason you are not completely satisfied with the ClearCaptions Products, you may request a refund of amounts you actually paid (if any) for your ClearCaptions Phone (“Returned Product”) by notifying us in writing or by calling ClearCaptions’ Customer Support group within sixty (60) days from the date of delivery (“Refund Period”), which notice must provide the following: (a) your name; (b)   contact information; (c) the reason for the request for a refund; and (d) the serial number for the Returned Product. The date of delivery will be the date a ClearCaptions employee or contractor delivers and installs the ClearCaptions Phone or, in the case of shipping, five days after the ClearCaptions Phone is shipped to you. In order to receive the refund, you first must return the ClearCaptions Phone, undamaged and in good condition. The refund will only be issued once ClearCaptions receives the Phone. Upon refund of your payment (if any) for the Returned Product, you acknowledge and agree that this Agreement will be deemed to have automatically terminated as applied to the Returned Product.
  2. Replacement Phone . In lieu of obtaining a refund for payments (if any) actually made to ClearCaptions for equipment to use in connection with the Service, if a product defect arises with respect to the ClearCaptions Phone and a valid claim is received within one (1) year after delivery of the ClearCaptions Phone to you (“Warranty Period”), you may request a replacement phone provided that ClearCaptions reserves the right to determine how to repair any defective phones during the Warranty Period. Our entire liability and your exclusive remedy with respect to the ClearCaptions Phone warranty shall be:
    1. the repair or replacement of any non-conforming ClearCaptions Phone not meeting our Limited Warranty which is returned to our customer support department within the Warranty Period; and
    2. we may replace any non-conforming ClearCaptions Phone with a new or refurbished ClearCaptions Phone similar in functionality or user capabilities, the selection of which replacement ClearCaptions Phone to issue will be at our discretion and based upon our available ClearCaptions Phone replacement inventory. In the event there are FCC regulations which prevent ClearCaptions from issuing you a replacement ClearCaptions Phone, ClearCaptions may provide you with a different ClearCaptions model as a replacement.

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.

  1. Termination of Service. If we are unable to repair or deliver a replacement ClearCaptions Phone that is free of defects in materials or workmanship, you may terminate this Agreement by returning the ClearCaptions Phone and the Services will be terminated so long as the account holder does not possess a second ClearCaptions Phone or Application. Any Services terminated pursuant to this section will result in ClearCaptions reclaiming the ClearCaptions Telephone Number and the ClearCaptions Telephone Number assigned by the company for your use with the Services will no longer be associated with you or your account.

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: 

  1. User Account. In order to use the ClearCaptions Products or IP Captioned Telephone Services, you will need a User account. The creation of your User account will require you to disclose sensitive personally identifiable and private information, which will be exchanged electronically with us over the Internet. If you provide personal information for additional contacts on your account, you represent that you have that individual’s permission to share their personal information. All of your contacts and photographs, when saved by you to your account, will also be stored on our servers and be accessible to us. You agree to provide accurate and complete information when creating your User account or when providing us with personal information for any other reason.
  2. Service-Related Information . We may also collect information from you and about you through your use of IP Captioned Telephone Services. This information is needed for us to provide you with IP Captioned Telephone Services and to seek compensation for IP Captioned Telephone Services from the TRS Fund. This information will be used also to assess and improve the ClearCaptions Products and IP Captioned Telephone Services. By your use of the ClearCaptions Products or IP Captioned Telephone Services, you agree that we may use your information to assess and improve our IP Captioned Telephone Services.
  3. Call Monitoring. Our IP Captioned Telephone Services require individuals, including our representatives and agents, and software to listen to and transcribe the incoming audio portion (one side) of your telephone conversations. In order to do this, the incoming audio portion of your telephone call will be transmitted to us, or our third-party contractors, for transcription and captioning. To protect your privacy, with the exception of voicemail recordings stored on ClearCaptions’ servers for ClearCaptions Phone customers using ClearCaptions Telephone Number to access and retrieve their voicemail messages, neither the audio transmission nor transcription of the call will be retained by us or our third-party contractors. By using IP Captioned Telephone Services, you agree to the transmission of the incoming audio portion of your telephone call audio to us or our agents and Automatic Speech Recognition platform(s) and waive any rights you may have under applicable law restricting the same. To the extent permitted by law, you waive all privacy laws governing telephone communications and monitoring of the same.
  4. Providing Information to Authorities and Third Parties. ClearCaptions may provide your information, including your identity, to Authorities and third parties as explained in this section. First, to validate your identity in connection with your application for service or as required by law, ClearCaptions may provide a third party the following sensitive personally identifiable information: full name, residential address (and registered location/911 Address, if different), telephone number, last four digits of your Social Security Number, and date of birth. In some cases, ClearCaptions also may need to collect and provide copies of one or more of the documents for the purpose of ensuring proper administration of the TRS program: Driver’s License, Birth Certificate, Certificate of Naturalization or U.S. Citizenship, Current Mortgage or Lease Statement, Dated Residency Verification Letter, Divorce Decree/Agreement, Government Assistance Program, Marriage License, Medical Bill, Prior Year’s State, Federal, or Tribal Tax Return, US Government, State, or Military ID,   Unexpired Health Insurance Card, Unexpired Passport, Unexpired Permanent Resident Alien Card, or Utility Bill.
  5. If we believe that you have used the Endpoints or related Services for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities and third parties. In addition, you hereby agree that we may disclose your name, telephone number, credit card information and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, IP address, email address, registered 911 address, automatic locations information, other data related to location and all other account information, as follows: (a) in response to law enforcement or other governmental agency request; (b) as required by law, regulation, rule, subpoena, search warrant, or court order as we determine and subject to our sole discretion; (c) as necessary to identify, contact, or bring legal action against someone who may be misusing the Products, Software or the Services; (d) to protect ClearCaptions’ rights and property; (e) in emergency situations where we reasonably believe that disclosure of such information is necessary to protect ClearCaptions’ Users, you or third parties from imminent harm; or (f) in the provision of Services to you, including appointment scheduling, Service updates, and maintenance and improvement of the Services. In the event that ClearCaptions is considering a sale, partial or complete, asset transfer, partial or complete, or other financing matters, certain information we possess concerning you may be accessed, disclosed and processed by third parties but, in such cases, pursuant to a written agreement that limits such access, disclosure and processing, in which case ClearCaptions would make any disclosures required by the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act of 2020 (“CPRA”), any other California privacy laws, as well as the Delaware Online Privacy and Protection Act (“DOPPA”).

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: 

    • To provide you with captioned relay services and phones;
    • To process 911 calls;
    • For installation, maintenance and repair of our products and services, including through the help of third parties;
    • To offer you additional caption features and services of the type you already registered for with ClearCaptions;
    • In response to legal requirements such as subpoena or court order;
    • Upon request from the Federal Communications Commission’s (“FCC”) Telecommunications Relay Service (“TRS”) Fund, and for TRS program administration purposes; and
    • To prevent fraud, abuse, or misuse of the service(s) and to protect the rights and property of ClearCaptions.

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:

  1. Log in at portal.clearcaptions.com go to the ‘CPNI Opt In’ section of your user profile (My Account), and uncheck the CPNI Opt-in checkbox; or
  2. On the ClearCaptions Phone (excluding the Ensemble) navigate to the ‘My Account’ section in Settings, log in, and unchecking or toggling off CPNI from the CPNI section.
  3. Call ClearCaptions Customer Support at 1 (866) 868-8695.

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.

  1. Entire Agreement . This written Agreement, together with the Registration Form, Self-Certification Form, Privacy Policy, Acceptable Use Policy and Warranty Information included with the purchase of the ClearCaptions Phone constitutes the exclusive agreement between you and us concerning the ClearCaptions Products and Services and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the same. This Agreement may be modified by us at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Agreement and we will provide you with specific notices of material changes to this Agreement consistent with the terms of this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of ClearCaptions Products and Services after the date such revised Terms of Service are posted.
  2. Material Changes . In the event that we make a material change to this Agreement, such material change will not become effective until thirty (30) days after we provide you with notice of such material change. We will post material changes to this Agreement to the following website: https://clearcaptions.com/terms/. We will also provide specific notice to you by sending notice of the material changes to this Agreement to the email we have on record for you or, if no valid email is on file, to your Endpoint(s), the postal addresses we have on record for you, or by posting in your account portal. You must notify us that you do not agree to any material changes prior to the expiration of the thirty (30) day period in conformity with the process we define when alerting you to such material change; otherwise, you will be deemed to have consented to the material changes.
  3. Relationship of the Parties . The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
  4. Choice of Law and Attorneys’ Fees . This Agreement is governed by the laws of the State of California without giving effect to any choice or conflict of law’s provisions or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. In the event of litigation between you and us concerning the ClearCaptions Products or Services, or the terms and conditions of this Agreement, the prevailing party in the litigation will be entitled to recover attorneys’ fees and expenses from the other party.
  5. No Third Party Beneficiaries . Except for a party’s indemnification obligations, this Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
  6. Cumulative Remedies . The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
  7. Interpretation . This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
  8. Headings . The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
  9. Exclusions . This Agreement shall not be governed or controlled by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
  10. Third Party Materials . Portions of the ClearCaptions Products and Services may utilize other third-party components, software, services and other patented or copyrighted materials. Acknowledgements, licensing terms and disclaimers for such materials are available upon written request, directed as follows: ClearCaptions, Attn: ClearCaptions Customer Support, 3026 Owen Drive, Suite 111, Antioch, TN 37013. Your use of such material is governed by their respective terms and, to the extent that same is not prohibited by local law in your jurisdiction, you agree to these terms by your use of the Products or Services.

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:

  • By or for others who are not eligible IP CTS users;
  • For telemarketing or operating a call center;
  • For calling numbers (whether singly, sequentially, or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications;
  • To resell the Telephone Number, ClearCaptions Phone or Mobile Application to others; or
  • Without live dialog, including use as a monitor, intercom, or for transcription purposes other than for eligible IP CTS calls.

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:

  • Unique numbers called;
  • Call lengths;
  • Frequency of call forwarding/transferring;
  • Conference calling;
  • Short duration calls;
  • Number of calls made during a month;
  • Number of calls made to a conference calling service during a month;
  • Calls made during business hours;
  • Number of calls terminated and re-initiated consecutively that, in the aggregate, result in excessive call lengths during a specific time frame; or
  • Other calling patterns indicative of an attempt to evade the Agreement or this Policy.

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.

ClearCaptions Privacy Policy

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.

  • We have consolidated the privacy policies provided by the different ClearCaptions entities, to simplify our notices and to clearly describe our data practices and your privacy rights under different consumer privacy laws.
  • In doing so, we have changed the structure of our privacy policy to clarify how personal information is collected or disclosed, and the purposes for which we use it.
  • We have added language describing your privacy rights under applicable laws, to account for recent developments in the law and regulations.
  • We have added language regarding our use of targeted advertising on our websites in order to provide you with meaningful choices.

1. INTRODUCTION

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.  

2. SCOPE OF THIS POLICY

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: 

  • Our Websites:  Any that link to this Policy, including www.clearcaptions.com, www.captions.com, and www.clearwellness.com. 
  • Social Media and Affiliates: Interactions on our social media pages.
  • Other Digital Platforms: Including interactions such as clicking on our ads on third-party sites and subscribing to our electronic communications.
  • Customer Services: Including communications with our service representatives or features via chat functions, email, text, or phone.
  • Additionally, for Customers of the ClearCaptions Captioned Services:
    • Our Internet Protocol Captioned Telephone Service (“IP CTS”): Information we collect during the application, registration, or use of our IP CTS services.
  • Additionally, for ClearWellness Customers:
    • Our Mobile Applications: Including the ClearWellness App.    
    • Connected Devices: ClearWellness utilizes smart devices to take measurements about subscribers of our Wellness Services (“Members”). The smart devices include our smartwatch, body scale, and sleep mat. 
    • Wellness Coach Interactions: Our Wellness Coaches use collected information about Members to provide the Wellness Services. 
    • Wellness Hub Interactions: Our Wellness Hub, made available to Members, provides an interface for Members to view their personal data. 
    • Other Member-Related Interactions: If we collect personal data about Members in other contexts, such as through a family member, representative, or other third party, our use of it will be described here. 
    • This Policy also applies to personal data we collect in the context of transactions (e.g., purchases, subscriptions, etc.) with us.  To learn how ClearWellness processes Consumer Health Data, please review our Consumer Health Data Privacy Notice, which supplements this Policy and explains ClearWellness’ collection, use, and disclosure of personal information that may identify Members’ past, present, or future physical or mental health status ("Consumer Health Data").

For questions about the scope of this Policy, please contact us as set forth in the Contact Information section. 

3. HOW WE OBTAIN INFORMATION

We obtain the information we collect about you through various means and sources, including:

  • Direct Interactions. We collect personal information when you provide it directly to us, such as when you provide payment information, submit forms, or otherwise provide us with information via phone, email, or online communications. The information collected online may be entered into our systems and combined with other information we collect about you directly or from third parties. We may also share this data with our service providers, affiliates, advertising and marketing partners, and others. Please see below for more information about how we share your personal information. 
  • Automatically, Including Using Data Collecting Tools. We use various data collecting tools, including cookies, scripts, and pixels, to collect certain information about your use of our Services. These tools can help us improve site performance, account for usage, understand how our services are being accessed and used, and provide customized content and advertising to you.  We provide you options regarding your use of non-essential data collecting technologies via our Services. 
  • Third-Party Sources. We collect personal information from third parties, including social media platforms, advertising companies, e-commerce affiliates, public forums and databases, and other relevant parties based on your interactions with us. This information may be combined with other data we collect about you to enhance our Services, serve you with targeted ads, and tailor our interactions with you. 

4. INFORMATION COLLECTED AND HOW WE USE IT

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. 

4.1. Personal Information We Collect Directly From You 

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.

4.1.1. What We Collect or Process

  • Contact Information and Other Identifiers. We collect your name, email address, telephone number, physical address, age, and any other personal identifier you provide in a form or other communication, for example, to sign up, register, or subscribe for our Services. 
  • Payment Information. This information includes credit or debit card numbers.
  • Commercial Activity. We keep track of the products or services you have purchased or considered. 
  • For ClearCaptions IP CTS Customers:
    • Profile and Eligibility Information. This includes name, date of birth, last four digits of your social security number, address, phone number, and self-certification regarding hearing disabilities. 
    • Customer Proprietary Network Information (“CPNI”). This includes information which relates to the quantity, technical configuration, type, destination, location, and amount of use of the IP CTS services.
  • For ClearWellness Customers:
    • Measurement Data. Our Connected Devices take measurements and other recordings about those who use them, including the following:
      • Sleep-Related Measurements such as heart rate, time asleep, number of sleep interruptions, time in REM sleep, and sleeping state (e.g., "light" or "deep" sleep). 
      • Bodily Measurements such as weight, body mass index ("BMI"), body fat measurements, bodily water measurements, bone weight, and muscle weight.
      • Activity Measurements, such as activity type, pulse, heart rate (including variability), and respiration rate. 
    • Wellness Information. Data related to a Member’s wellness status and history, such as:
      • Physical or Mental Health Condition, including information about Member’s health conditions, history, status, diagnoses, prescriptions, testing, or treatments.
      • Wellness Goals, Assessments, & Trends, which considers a Member’s and others’ input, Measurement Data, and other information.
      • Calculated or Inferred Data. Calculations or inferences related to a Member, such as sleep patterns/phases, activity levels, BMI, readiness, and similar calculations and inferences. 
    • Member-Provided Activity and Context. Information provided by a Member and recorded by ClearWellness, such as Wellness Coach interactions notes, activities, comments, feedback, and other information. 
    • Data Provided by Others. Personal data about a Member that we collect from third parties, such as caregivers, family members, personal representatives, and others. 
    • Please note that some of the personal data we process, including any data concerning Member’s health, is considered special or sensitive personal data. Under applicable law, such data is processed only if consent has been given for processing. If a Member accesses or uses a Connected Device that has location-based services, such as GPS-based activity tracking, ClearWellness may process the approximate or precise location of the connected device while it is active. Location-based tracking may not be disabled in all instances, so please contact ClearWellness about concerns regarding the use of location-based tracking in connection with a Connected Device. 

4.1.2. How We Use It

  • To Communicate With You. We will use your personal information to facilitate our communications with you. For example, we will use your email address to respond to your email requests. The length of time we maintain your contact information and your communications varies depending on the context. 
  • Service Fulfillment. We use your personal information to perform a variety of services essential to the customer experience or our business, such as account setup, maintenance, and support, transaction processing and fulfillment, billing and payment processing, and customer service across multiple channels. 
  • Business Operations. We use personal information to perform business operations, such as document management and record keeping, training and development, generating business intelligence reports, strategic decision making, auditing and compliance, maintaining the security and integrity of our Services and offline operations, including protection against fraudulent or illegal activities. This includes validating your identity as necessary.
  • Quality Assurance and Improvement. We use personal information to maintain and improve the quality and safety of our Services.
  • Customization. To enhance your experience with our Services, we may use your data to personalize features, content, and recommendations, in line with applicable laws and your preferences.
  • For ClearCaptions IP CTS Customers: ClearCaptions may use or disclose your CPNI without further authorization from you under the following circumstances: 
    • To provide you with captioned relay services and phones;
    • To process 911 calls;
    • For installation, maintenance and repair of our products and services, including through the help of third parties;
    • To offer you additional caption features and services of the type you already registered for with ClearCaptions;
    • In response to legal requirements such as subpoena or court order;
    • Upon request from the Federal Communications Commission’s (“FCC”) Telecommunications Relay Service (“TRS”) Fund, and for TRS program administration purposes; and
    • To prevent fraud, abuse, or misuse of the service(s) and to protect the rights and property of ClearCaptions.
  • For ClearWellness Customers:
    • Wellness Coaching. Our Wellness Coaches use the personal data to provide the Members with personalized wellness plans, including to set goals, make recommendations, monitor progress, and spot trends. 
    • To Provide our Wellness Services. In addition to use by a Wellness Coach, we use Member personal data to perform a variety of services essential to the Member experience and our business, such as account setup, maintenance, and support, transaction processing and fulfillment, billing and payment processing, and customer service across multiple channels. 
    • Third-Party Interactions. We may share Member personal data with Authorized Recipients (defined below). 
  • Privacy Preservation. We may process personal data in order to implement privacy protecting measures, such as deidentification, aggregations, or anonymization. When information is aggregated or anonymized, it is no longer personal data.
  • Additional Uses Described. In any other way we may describe when you provide the information or any other purposes for which you provide your consent.

4.2. Personal information Collected Using Online Data Collecting Tools

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.

4.2.1. What We Collect or Process Using Data Collecting Technologies

  • Identifiers and Contact Information. We collect identifiers associated with you or the device you are using to access our Services, such as IP addresses, cookie IDs, and other similar identifiers.  
  • Device and Browser Data. We collect information about your device and the software and systems you use to access our Services, such as your browser type/version, screen size/resolution, and other information contained in your browser’s communication with our website. 
  • For ClearWellness Customers:
    • Data Related to Use of Wellness Portal. When a Member accesses and uses our Wellness Portal, whether through a mobile or web app, we log interactions with the Wellness Portal. Some of this information is collected and logged automatically by various technologies such as cookies, web beacons, scripts, tags, and other software code that store and transmit personal and other information. Some of these data collecting technologies are provided by third parties. 
  • User Interaction Data. We collect data about how you navigate to/from our Services (such as the URLs that referred you to our website), browsing activity on our Services (such as the web pages you viewed and buttons you clicked), and other metrics associated with your access and use of our Services. 
  • Electronic Communication Records. We collect records related to your electronic communications with us, including online chat transcripts, email records, call records and recordings/logs, and other electronic messages and communications. 
  • User Preferences. We record your online preferences, such as communication preferences, language, time/zone, and general location information, and privacy choices and configurations. We do this to facilitate such preferences. 
  • Advertising Metrics. We collect information about your interaction with our content and marketing materials. For example, we may gather information about our advertisements you have viewed on our website or elsewhere. We use third parties to do this. 

4.2.2. How We Use It

  • To Provide Our Services in a safe and secure manner, such as to present our website, mobile apps, and products to you, to communicate with you about changes to our Services, to validate your identity as necessary to ensure the security of our services and systems, and to maintain and improve the security and performance of our Services. 
  • Communications and Support, such as to review and respond to your requests or inquiries, provide updates, notices, and requested communications, send you important transactional information, request feedback, or as necessary to fulfill our obligations to you. 
  • For Our Legitimate Business Operations, such as to make strategic decisions concerning our business operations, enforce, and review compliance with, the legal terms that govern our offerings, comply with our legal obligations, protect the rights, safety, and property of the Services, our users, and third parties, and anonymize, aggregate, or de-identify your personal information (so it can no longer identify you) in furtherance of conducting research and analysis.
  • To Send You Promotional Materials, such as updates, newsletters, surveys, or other information regarding contests, events, and/or other ClearCaptions products or services that may be of interest to you based upon information you have provided to us. Promotional materials may be conveyed in emails or, if you have provided your consent, by SMS/text message. 
  • Advertising. We use personal information to serve you with targeted advertisements and this information is shared with third parties in order to facilitate our advertising objectives.  
  • Analytics/Personalization. We use personal information to conduct research and analytics, including to improve our Services. We also use your personal information to personalize your experience, and to understand how you interact with our websites, advertisements, and communications with you.
  • Data Aggregation. We may aggregate your personal information with that of other users for analytical and reporting purposes. This aggregated data is anonymized or deidentified and does not identify you personally. Aggregated data may be used for various purposes, including statistical analysis, without further notice to you and without obtaining additional consent.
  • With Your Consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. 

4.2.3. Third Parties Who Provide Services

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.” 

  • Content Providers. Various third parties assist us in providing content and features, including video content, on our Services. Because these services send the content to your browser on our behalf, they typically have access to information about your device and browser, including your IP address, the URL of the pages you visit, and information about your device. They use this information to ensure that the content is delivered to you in the correct format and size. 
  • Functionality Providers. Third parties assist us in providing various online functionality, such as our accessibility tools, online chat tools, and consent management tools. 
  • Web Hosting Providers. Our website hosting and infrastructure providers will receive personal information about your device, including your IP address, device, and browser information, as well as your activity on our websites, in order to provide the hosting services. 
  • Analytics and Advertising Providers. We allow third-party partners and service providers (such as advertising networks, analytics providers and social media platforms and networks), including but not limited to those listed below, to gather data when you interact with our Services for our analytics and marketing purposes, including to help manage and display advertisements, to tailor advertisements to your interests, and target you on other websites (depending on your communication preferences). The third parties and service providers use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites.
    • Google Analytics: We employ Google Analytics for detailed user interaction analysis. This service collects data such as your originating location, visit frequency, viewed pages, and actions taken within our Services. Google Analytics uses cookies to collect this information. The use and sharing of this data by Google are subject to the Google Analytics Terms of Service. For options to opt-out of Google Analytics tracking, you may disable cookies on your browser or follow these specific instructions provided by Google.
    • Other Google Services. We utilize various Google services like Google Ads and Google Dynamic Remarketing for purposes such as analytics, advertising, and user experience optimization. These services deploy their own cookies and may collect information like your IP address, user preferences, and online behaviors, which Google uses for its own purposes. For further information and to manage your Google privacy settings, consult Google’s Privacy Policy and Terms of Service, or visit your Google Account.
    • Personalized Ads. We use various tools, including the Meta Pixel, which collect information about your device and how it interacts with our Services. These third-party services may use cookies, web beacons, and other storage technologies to collect or receive information about you or your device from our website and elsewhere on the Internet and use that information to provide measurement services, target and deliver ads. You can opt-out of the collection and use of your information for ad targeting purposes by Meta by visiting http://www.aboutads.info/choices.

4.2.4. Your Privacy Choices Regarding Tracking Technologies

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.

  • Cookies. You can manage how your web browser interacts with cookies. While most browsers are configured to accept cookies by default, you can modify this behavior through your browser's “Privacy” or “Security” settings. However, if you remove or reject our Cookies, it could affect how the website works for you. Please note you must separately opt out in each browser and on each device. You can also tailor your cookie preferences using our cookie consent manager.
  • Changing Mobile Device Privacy Settings. Your mobile device may collect and share device-level information to facilitate targeted advertising. This is independent of our Services but can affect your overall privacy experience. To better understand and manage these settings, you may refer to the privacy resources provided by your device's operating system. For your convenience, we've included links to informational pages for Google’s Android and Apple’s iOS platforms. 
  • Limiting Interest-Based Advertising. You have the option to limit the interest-based advertising you receive. Various organizations and platforms offer opt-out features that allow you to have more control over your online advertising experience. For example, the Digital Advertising Alliance (DAA) provides a consumer choice tool that lets you opt out of interest-based advertising from participating companies. You can access this tool at the DAA Opt-Out Page. Similarly, the Network Advertising Initiative (NAI) offers an opt-out tool for participating members. You can access this tool at the NAI Opt-Out Page. Please note that participation in the DAA and NAI opt-out programs is entirely optional. These are third-party services and opting out through these platforms is not a requirement for using our Services. We are not responsible for the effectiveness of any such opt-out options. Opting out of interest-based advertising does not mean you will no longer see advertisements; it simply means that the advertisements you do see will not be tailored to your interests. 
  • “Do Not Track” Signals. Do Not Track (“DNT”) is a privacy preference that you can set in your web browsers, which allows you to opt out of tracking by websites and Services. Like many websites, we do not currently respond to ‘Do Not Track’ browser settings or signals. For more information about DNT, please see eff.org/issues/do-not-track. 
  • “Global Privacy Control.” Some browsers and browser extensions support the Global Privacy Control (“GPC”) that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including the “sharing” of your personal information. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting.

4.3. Data Collected from Other Parties

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. 

4.4. Other Purposes for Processing Personal information

While less frequent, there are other scenarios where we may use or disclose your personal information:

  • Audits Involving External Entities: Sharing data with external organizations, including those we collaborate with or those that evaluate our business operations, to ensure compliance with industry standards, certifications, or legal obligations.
  • Legal Obligations: Fulfilling legal obligations such as responding to subpoenas, court orders, or other binding government requests, or as required by applicable law or regulation. In the rare event of litigation, we may use your data to establish, exercise, or defend legal claims.
  • Reorganization: In the event of a business transaction such as a sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, your personal information may be shared or transferred. This also includes any subsequent integration activities post-transaction.
  • Business Transfers: In the event of a divestiture, investment, or other asset transfer that is not part of a broader business transaction like a merger or acquisition, your personal information may be shared or transferred.
  • With Your Consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. 

5. DISCLOSURE OF YOUR PERSONAL INFORMATION

We may disclose the above information to the following types of parties: 

  • Other ClearCaptions Group Entities (Affiliates). We may share personal information between the ClearCaptions group entities that are related by common ownership or control. We share personal information for our routine business purposes and to develop new and improve existing services. 
  • For ClearWellness Customers:
    • Wellness Coaches. Our Wellness Coaches receive access to Members’ personal data, including sensitive personal data like health data, as part of the Services.
    • Care Facilities and Medical Providers. We share the personal data of Members with the care facilities, doctors, trainers, specialists, or other professionals authorized by the Member or their legal representative to receive it. Once the personal data of Members is shared with such persons or entities, they become the controllers of such data, and are responsible for processing it in accordance with the laws applicable to them. 
    • Authorized Representatives. We may disclose Member’s personal data, including sensitive health data, to authorized recipients (each an “Authorized Representative”), including through the CareGiver App.  Authorized Representatives may include a Member’s family members, care facility personnel, in-home care personnel, or healthcare providers. A Member (or legal guardian) may revoke an existing Authorized Representative’s access at any time by sending a written notice to Compliance@clearwellness.com or via in-app settings. Revocation is effective when processed and does not affect disclosures already made.
  • For ClearCaptions IP CTS Users:
    • Authorized Representatives. We may disclose your personal data to authorized recipients, legal guardians, or caretakers with whom we interact on your behalf during service registration, setup, or fulfillment.
    • Installation Partners. We may disclose your personal data to third parties who assist us in the installation, setup, or repair of our IP CTS products and services.
    • TRS Program Administration. We may disclose your personal data in accordance with applicable laws and regulations, including the FCC’s rules applicable to TRS providers, and as needed for TRS program and fund administration.
  • Business Services Providers. These are persons or entities with whom we have a relationship to provide business operations services and support to ClearCaptions. These providers may include the following:
      • IT Operations Providers. These include cloud computing service providers, internet service providers, data backup and security providers, chat service and webform or survey providers, functionality and infrastructure providers, and similar service providers. 
      • Business Operations Providers. These include service providers with whom we partner to provide day-to-day business operations, including payment processors, security vendors, business software service providers, banks, facilities management providers and similar entities. 
      • Professional Service Providers. These include lawyers, accountants, consultants, security professionals, and other similar parties when disclosure is reasonably necessary to comply with our legal and contractual obligations, prevent or respond to fraud or abuse, defend ourselves against attacks, or protect the rights, property, and safety of us, our customers, and the public.
  • Marketing and Advertising Providers. These include advertising, direct marketing, and lead generation providers, affiliate marketing program providers, retargeting platforms, data brokers, ad networks, marketing consultants, and similar services providers. 
  • Law Enforcement/Government Agencies. Persons to whom we are required by law to provide information, such as pursuant to a subpoena or a court order.
  • Corporate Transaction Disclosures. Persons involved in the consideration, negotiation, completion of a business transaction, including the sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, and any subsequent integration.
  • Authorized Disclosures. To any party when authorized by the individual to whom it pertains to share it. 

6. DATA RETENTION

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.

7. YOUR PRIVACY CHOICES

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:

  • Email: To opt out of promotional emails, you may follow the ‘unsubscribe’ instructions located at the bottom of each email. Alternatively, you may contact us directly using the information provided in the Contact Information section. Please be advised that opting out of promotional communications will not preclude you from receiving transactional emails, such as those related to purchases or account activity.
  • Text Messages: To discontinue receiving automated text notifications, simply reply ‘STOP’, ‘CANCEL’,’STOPALL’,UNSUBSCRIBE,END, or QUIT to any of our messages, email us at sms-unsubscribe@clearcaptions.com, or call us at 866-992-2192.
  • Mail Promotions: Should you wish to be removed from our mailing list for physical promotions and solicitations, please send a written request to our customer service department using the address provided in the Contact Information section of this Policy. Ensure your full name and mailing address are included in your correspondence. 
  • For ClearCaptions IP CTS Customers: We may use or disclose CPNI to third parties to offer you products and services that may be different from the types of services you already use. ClearCaptions asks for your consent to do this during your registration process. You may withdraw consent for this use of your CPNI for marketing purposes at any time. If you wish to restrict ClearCaptions’ use of your CPNI for such marketing purposes, you may do any of the following:
    • Log in to your account at portal.clearcaptions.com, go to the “CPNI Opt In” section of your user profile (Profile), and uncheck the “CPNI Opt-in” checkbox; 
    • On the ClearCaptions Phone (excluding the Ensemble) navigate to the ‘My Account’ section in Settings, log in, and uncheck or toggle off “CPNI” from the CPNI section; or
    • Call ClearCaptions Customer Support at +1 (866) 868-8695.

8. YOUR PRIVACY RIGHTS

8.1. Description of Your Privacy Rights

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.

  • Right to Access. You may request access to the personal information we hold about you. This may include the right to be informed about the categories and specific pieces of personal information we have collected, the sources from which we collected it, the purposes for collecting it, and the third parties with whom we have shared it. 
  • Right to Correct. You may request that we correct any inaccurate personal information relating to you without undue delay. In this context, taking into account the purposes of the processing, you may also have the right to request the completion of incomplete personal information.
  • Right to Delete. You may request the deletion of your personal information, subject to certain exceptions. In certain circumstances, it may not be possible for us to accept your request, for example, when the processing is necessary to comply with a legal obligation, or if the processing is necessary for the performance of a contract.
  • Right to Portability. You may request that we provide you with a copy of your personal information in a structured, commonly used, and machine-readable format. You also have the right to request that we transfer this information to another data controller, where technically feasible.
  • Right to Opt Out of Sale. You may direct us not to sell or share your personal information with third parties. 
  • Right to Opt Out of Targeted Advertising. You may request that we not disclose, disseminate, or transfer your personal information to a third party for targeted advertising (also known as “cross-context behavioral advertising”). You may opt out of this activity by clicking “Your Privacy Choices” in the website footer and opting out of targeted advertising cookies.
  • Right to Restriction of Processing. You may request that we restrict processing of your personal information. In certain circumstances, it may not be possible for us to accept your request, for example, when the processing is necessary to comply with a legal obligation, or if we can demonstrate compelling legitimate grounds otherwise.
  • Right to Opt Out of Certain Data Processing. You may withdraw your consent that you have previously provided for ClearCaptions’ collection, use or disclosure of your personal information, subject to reasonable notice and any contractual or legal exceptions. Note that this will not affect the lawfulness of our processing of your personal information based on consent before its withdrawal.
  • Right to Opt Out of Automated Individual Decision-Making. You may have the right to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Note that this right shall not apply if such a decision is necessary as part of a contract we have with or want to conclude with you, we have your consent, or we are permitted by law to engage in such automated decision making. In these cases, we will implement measures to safeguard your rights and freedoms and legitimate interests, and you may contest the decision by contacting us as set forth below.
  • Right Against Discrimination. You have the right not to be discriminated against for exercising any of your data protection rights. This means that we will not deny you goods or services, charge you different prices or rates, or provide you with a different level or quality of goods or services based solely on your exercise of these rights.
  • Right to Appeal. Depending on your residency, you may have the right to appeal if we decline to act regarding your privacy request. To do so, please follow the instructions for exercising your privacy rights below, or use the contact information provided in this Policy.

Residents of California may also have additional rights pertaining to their personal information, as described in "California Privacy Rights.”

8.2. Exercising Your 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.

9. SECURITY

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.

10. CHILDREN’S PRIVACY

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. 

11. UPDATES TO THIS PRIVACY POLICY

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. 

12. CALIFORNIA PRIVACY RIGHTS

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.

12.1. Additional Notice to California Residents

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



Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.




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. 

  • Notice of Financial Incentive. We may offer our customers loyalty and other incentive programs that provide certain benefits, such as rewards and exclusive offers. We may also provide other promotional campaigns, such as sweepstakes, contests, or limited-time promotions (collectively, the “Programs”). When you sign up for one of these Programs, we typically ask you to provide your name and contact information (such as email address and/or telephone number). Because our Programs involve the collection of personal information, they might be interpreted as a “financial incentive” program under the CCPA. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering those products, services, and benefits to Program participants. Participation in a Program is governed by the applicable terms and conditions (including the Official Rules for any sweepstakes or contest or the promotional terms for any short-term promotion), which will also describe the financial incentives associated with the promotion and how to participate. You are not obligated to participate in any contest, sweepstakes, or short-term promotion and may terminate your participation at any time (as described in the Program terms and conditions). You may withdraw from participating in a Program at any time by contacting us using the designated method set forth in the applicable Program terms and conditions.
  • Shine the Light Disclosure. California Civil Code Section § 1798.83, also known as the “Shine the Light” law, permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the preceding calendar year, as well as the type of personal information disclosed. To make such a request, please send an email with the subject “Shine the Light Request” to the email address in our Contact Information. 

12.2. California-specific Privacy Rights

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: 

  • Right to Know. You can request, up to two times each year, that we disclose the categories and/or specific pieces of personal information that we collect, use, disclose, and may sell, the sources from which we collected it, the purposes for collecting, selling, or sharing it, as applicable, and the categories of third parties to whom we have disclosed it. 
  • Right to Correction of Personal Information. You have the right to have inaccurate personal information corrected.
  • Right to Deletion of Personal Information. You can ask us to delete the personal information that we have collected from you, subject to certain exceptions such as to complete a transaction for you, to exercise our rights, or to comply with a legal obligation.
  • Right to Opt out of Sales of Personal Information. You have the right opt out of the sale of your personal information to third parties. In the preceding twelve (12) months, ClearCaptions has not “sold” personal information as this term is defined in the CCPA. Therefore, we do not offer such a right. 
  • Right to Opt Out of Sharing of Personal Information. The CCPA defines “sharing” as disclosing or making a consumer’s personal information available to a third party for cross-context behavioral advertising. In the preceding twelve (12) months, ClearCaptions has shared certain categories of personal information (identified in the above table) with third-party advertisers to tailor ads to consumers’ interests. You have the right to opt out of your personal information being shared for targeted advertising, and you may exercise this right by clicking “Cookie Settings” in the website footer and opting out of Targeted Advertising Cookies.
  • Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to direct us to limit our use of your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer.  ClearCaptions does not use sensitive personal information beyond the CCPA’s permissible purposes.  
  • Right against Discrimination. You are entitled to exercise the rights described above free from retaliation as prohibited by the CCPA.
  • Right to Appeal. If we deny your request to exercise a right, you have the right to appeal our decision.

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:

  • Signed Authorization: You must provide the authorized agent with a signed written authorization to act on your behalf. This document should clearly indicate that you grant them the authority to submit requests for you.
  • Agent Submission: The authorized agent can then submit a request via the methods outlined above. The agent should attach a copy of the written authorization you provided.
  • Identity Verification: We may contact you directly to confirm that you have authorized the agent to act on your behalf. This is a security measure designed to protect your personal information.

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.

13. CONTACT INFORMATION

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/ 

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