TERMS AND CONDITIONS
CLEAR CHD Physiology
Operated by Sharon Welsh
Effective Date: June 12, 2026
PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING OR USING ANY OF OUR PRODUCTS OR SERVICES.
BY PURCHASING, ACCESSING, OR USING ANY OF OUR PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE ALL SALES FINAL / NO REFUNDS POLICY (SECTION 7), THE CHARGEBACK AND DISPUTE PROVISIONS (SECTION 8), AND THE BINDING ARBITRATION AND CLASS ACTION WAIVER (SECTION 21). IF YOU DO NOT AGREE, DO NOT PURCHASE OR USE OUR PRODUCTS OR SERVICES.
1. Introduction and Acceptance
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Customer”) and Sharon Welsh, doing business as CLEAR CHD Physiology (“Company,” “we,” “us,” or “our”).
These Terms govern your purchase and use of any digital product, study tool, custom GPT bot, downloadable resource, or other product or service we offer (collectively, the “Products”), and your use of our storefront and any related platform we use to deliver them (collectively, the “Services”).
By purchasing a Product, accessing the Services, or otherwise indicating your acceptance (such as by clicking “I Agree,” completing checkout, or accessing a Product), you represent that you have read, understood, and agreed to these Terms.
2. Definitions
• “Customer,” “you,” or “your” means the individual or entity purchasing or using the Products or Services.
• “Digital Product” means any electronically delivered content, including PDFs, study guides, reference sheets, the custom GPT study bot, and similar items.
• “The Bot” means the CLEAR Physiology Reasoning Bot and any custom GPT, conversational study tool, or AI-assisted study product we develop or distribute.
• “Delivery” has the meaning given in Section 6.
• “Intellectual Property” includes copyrights, trademarks (registered and unregistered), trade secrets, frameworks, methods, content, branding, system prompts, and all derivative works.
3. Eligibility
You must be at least 18 years old and capable of entering into a legally binding contract to purchase or use our Products and Services. By using the Services, you represent and warrant that you meet these requirements. We do not knowingly sell to individuals under 18.
4. Products and Services
Our Products include, without limitation, the following categories:
• The CLEAR Physiology Reasoning Bot, a guided study tool for nurses learning congenital heart physiology;
• Digital downloads and study resources (PDFs, reference sheets, study guides, and similar materials);
• Free downloads, lead magnets, and other promotional materials.
Institutional and multi-user licensing. Any hospital, health system, school, or other institutional or multi-user license is offered only under a separate written license agreement. These Terms govern individual consumer purchases. Where a separate institutional license agreement exists, that agreement controls for the engagement it covers.
We reserve the right to modify, suspend, or discontinue any Product or Service at any time, with or without notice. Modifications to a study tool or platform are part of the ordinary course of business and do not constitute a basis for refund.
5. Pricing, Payment, and Taxes
All prices are stated in U.S. dollars unless otherwise noted. Payment is due in full at the time of purchase unless a written payment plan has been agreed in advance.
You authorize us, our payment processors (which may include Stan Store, Stripe, or any successor processor), to charge your selected payment method for the full purchase amount, including any applicable taxes and fees.
You are responsible for any sales, use, value-added, or similar taxes applicable to your jurisdiction. If we are required to collect such taxes, they will be added to the purchase price at checkout. Promotional codes, discounts, and bundle pricing are valid only as stated and may not be combined unless expressly permitted.
6. Delivery of Digital Products
Delivery is deemed complete at the earliest of the following events:
• The download link, access link, or product file is sent to the email address you provided at checkout;
• Your access credentials or invitation are issued or made available to you on our platform or any third-party platform we use to deliver the Product (including but not limited to Stan Store or OpenAI);
• The custom GPT bot URL or shared access is provided to you.
Delivery occurs whether or not you open the email, click the link, download the file, log in, or use the Product. It is your responsibility to provide an accurate email address at checkout, check your spam, junk, and promotions folders, and contact our support team within seven (7) days if you have not received delivery confirmation.
Failure to receive a Product due to an incorrect email address, full inbox, spam filter, blocked sender, or other Customer-side issue does not constitute non-delivery on our part and is not a basis for refund or chargeback. Contact: snwelsh21@gmail.com.
7. All Sales Final: No Refunds
ALL SALES ARE FINAL. WE DO NOT OFFER REFUNDS, RETURNS, EXCHANGES, OR CREDITS FOR ANY PRODUCT OR SERVICE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
• Change of mind, dissatisfaction, or unmet expectations;
• Failure to use, download, access, or complete the Product;
• Technical issues caused by your device, internet, browser, or a third-party platform;
• Duplicate or accidental purchases (subject to verification, see below);
• Belief that the Product did not meet a specific outcome (including but not limited to exam pass, certification, employment, or clinical performance);
• Modifications to a study tool, content, or platform features.
This no-refund policy is a material term of these Terms and a primary reason our Products are priced as they are. By completing your purchase, you expressly waive any right to a refund except as required by non-waivable applicable law.
Limited exception (Duplicate Purchases). If you can demonstrate that you were charged twice for the identical Product within seventy-two (72) hours due to a verifiable technical error, contact us at snwelsh21@gmail.com with proof of both transactions. We will, in our sole discretion, refund the duplicate charge. This is the sole exception to the no-refund policy.
Limited exception (Non-Waivable Statutory Rights). Nothing in this Section limits any non-waivable refund right granted to you under applicable consumer protection law in your jurisdiction. Where such rights exist, our liability is limited to the minimum required by that law.
8. Chargebacks, Disputes, and Mandatory Pre-Dispute Contact
Before initiating any chargeback, payment dispute, or reversal with your bank, card issuer, or payment processor, you agree to first contact us in good faith at snwelsh21@gmail.com and allow us at least fourteen (14) days to attempt to resolve the issue. Use the subject line “Dispute – [Your Order Number]” and include your name, the email used at purchase, the Product, the date of purchase, and a description of the issue.
Chargebacks Filed Without Pre-Dispute Contact. Initiating a chargeback, dispute, or reversal without first contacting us and allowing fourteen (14) days for resolution is a material breach of these Terms and constitutes wrongful or fraudulent dispute activity, particularly where the Product was delivered or made accessible to you, you accessed or used any portion of the Product, or you purchased with full notice of the All Sales Final policy.
Chargeback Administrative Fee. If you initiate a chargeback in breach of this Section, you agree to pay us, in addition to the original purchase price, an administrative fee of one hundred fifty U.S. dollars ($150.00) per chargeback to cover our processing costs, documentation labor, response preparation, and processor penalties. This fee is liquidated damages, not a penalty, and represents a reasonable estimate of our actual costs.
If you initiate a chargeback in breach of this Section, we reserve the right to contest the chargeback with full documentation (including delivery records, access logs, and your affirmative acceptance of these Terms at checkout); recover the original purchase amount, the administrative fee, processor fees, and reasonable attorneys’ fees and collection costs; refer the unpaid balance to a third-party collections agency; immediately and permanently revoke your access to all Products and Services with no refund; and block your email and payment instruments from future purchases. These remedies are cumulative and in addition to any other rights available to us at law or in equity.
9. License to Use Digital Products
Subject to your compliance with these Terms and full payment, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Products you purchased solely for your personal, individual educational and study use.
10. Restrictions on Use
You may not, and may not permit any third party to:
• Resell, sublicense, rent, lease, share, distribute, or transfer any Product, in whole or in part;
• Post, upload, mirror, or share Product files, content, or access links on any website, forum, drive, cloud folder, group chat, social media, or peer-to-peer service;
• Use any Product as input or training data for any artificial intelligence model, machine learning system, large language model, or similar technology;
• Reverse engineer, decompile, scrape, harvest, or extract content, prompts, system instructions, or methodology from any Product, including the Bot;
• Remove, alter, or obscure any copyright, trademark, watermark, or other proprietary notice;
• Use the Products to create a competing product, study tool, bot, curriculum, or service;
• Share access links or credentials with anyone, including coworkers, classmates, family, or members of any study group;
• Use the Products in any way that violates applicable law, infringes any third-party right, or breaches any platform terms (including Stan Store or OpenAI).
Violation of this Section is a material breach. We may immediately revoke your license and access without refund, in addition to any other remedies available to us.
11. The Bot: Additional Terms
In addition to these Terms, your use of the CLEAR Physiology Reasoning Bot or any custom GPT study tool is subject to the following:
• The Bot is a study tool and learning tool. It is not a clinical decision-support system, not a diagnostic tool, and not a substitute for licensed clinical judgment, supervision, institutional protocols, faculty instruction, or professional medical or nursing practice;
• You may not enter, upload, or share any personally identifiable patient information, protected health information (PHI), or other regulated data into the Bot;
• The Bot is hosted on the OpenAI ChatGPT platform and is subject to OpenAI’s terms and privacy policy in addition to ours;
• The Bot’s system prompt, instructions, framework, and underlying methodology are our confidential and proprietary intellectual property and are not licensed to you;
• We make no warranty that the Bot will be available, error-free, or maintained on any specific platform. Third-party platform changes (including OpenAI policy or pricing changes) are outside our control.
12. Educational Purpose Only: No Guarantees
All Products are educational study tools and learning resources. They are not:
• Clinical decision-support systems;
• Diagnostic tools;
• Substitutes for licensed clinical judgment, supervision, faculty instruction, institutional protocols, or formal nursing or medical education;
• Patient care tools;
• Sources of medical, nursing, legal, financial, or other professional advice.
We make no guarantee, warranty, or promise regarding any specific outcome, including but not limited to passing any licensure or board examination; admission to any program; employment, promotion, or career advancement; clinical competence, performance, or evaluation outcomes; or any specific grade, score, or academic result.
Your results depend on many factors outside our control, including your effort, prior preparation, study habits, program rigor, and individual circumstances. Testimonials and case examples reflect the experiences of individual users and are not promises or representations of typical results.
You acknowledge that you remain solely responsible for your clinical practice, professional licensure, scope of practice, employer policies, and compliance with all applicable laws and standards of care.
13. User Submissions and Feedback
If you post, submit, or share any content (including questions, comments, feedback, testimonials, or written work) on our Services (“User Content”), you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works of your User Content for any business purpose, including marketing, testimonials, and product improvement, in any media now known or later developed.
You represent and warrant that your User Content is your own original work or that you have all necessary rights to grant this license, and that it does not infringe any third-party right, violate any law, or contain protected health information (PHI) or other regulated data.
14. Third-Party Platforms
Our Products are delivered through and may depend on third-party platforms, including but not limited to Stan Store, OpenAI (ChatGPT), and Stripe. Your use of those platforms is subject to their own terms and privacy policies.
We are not responsible for outages, downtime, policy changes, account suspensions, data losses, or other actions of any third-party platform. We will use commercially reasonable efforts to maintain availability, but no service-level commitment is given or implied.
15. Intellectual Property and Trademarks
All Products, Services, content, frameworks, methods, branding, designs, prompts, system instructions, and derivative works (collectively, the “Company IP”) are owned by Sharon Welsh or our licensors and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws.
CLEAR CHD Physiology, the CLEAR Framework™, the CLEAR Physiology Reasoning Bot, and related marks, logos, and slogans are trademarks or common-law marks of Sharon Welsh. Nothing in these Terms grants you any right, title, or interest in or to the Company IP except the limited license expressly granted in Section 9. Unauthorized use is a material breach and may violate applicable copyright, trademark, and unfair competition laws.
16. Copyright Complaints (DMCA)
If you believe content on our Services infringes your copyright, send a written notice to snwelsh21@gmail.com with the subject line “DMCA Notice” containing: (a) your electronic or physical signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.
17. Termination
We may suspend or terminate your access to any Product or Service at any time, with or without notice, for any reason, including but not limited to your breach of these Terms, a chargeback or dispute, suspected fraud, or abusive conduct. Termination does not entitle you to a refund of any amounts paid.
Sections that by their nature should survive termination will survive, including Sections 7, 8, 9, 10, 12, 13, 15, and 18 through 24.
18. Disclaimer of Warranties
ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
We do not warrant that the Products or Services will meet your requirements, that any defect will be corrected, or that the Services will be uninterrupted, timely, secure, or error-free. Your use is at your sole risk.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS, ANY PRODUCT OR SERVICE, OR YOUR USE OF OR INABILITY TO USE ANY OF THE FOREGOING, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR ANY PRODUCT OR SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.
20. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its owners, officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your use of any Product or Service; (c) your User Content; (d) your violation of any law or third-party right; or (e) any wrongful chargeback or payment dispute initiated by you.
21. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES AND WAIVES YOUR RIGHT TO A JURY TRIAL OR CLASS ACTION.
Except for claims for injunctive relief related to our Intellectual Property and except for small-claims matters within jurisdictional limits, any dispute, claim, or controversy arising out of or relating to these Terms, our Products, or our Services (a “Dispute”) will be resolved exclusively through final and binding individual arbitration, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.
Arbitration will be conducted by a single arbitrator in the State of South Carolina, or by remote or online proceeding at the arbitrator’s discretion. The arbitrator’s award is final and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. You and we agree that any Dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.
Opt-Out. You may opt out of this Section by sending written notice to snwelsh21@gmail.com with the subject line “Arbitration Opt-Out” within thirty (30) days of your first purchase. Opt-out notices received after that period are not effective. If this arbitration provision is found unenforceable for any reason, the parties agree to the exclusive jurisdiction and venue described in Section 22.
22. Governing Law and Venue
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict-of-laws rules. Subject to Section 21, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of South Carolina for any Dispute not subject to arbitration, and you waive any objection to such jurisdiction or venue based on inconvenient forum or any other ground.
23. Force Majeure, Severability, and Waiver
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemic, government action, internet or platform outage, cyberattack, or failure of a third-party provider.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver of our right to enforce it later. You may not assign these Terms without our prior written consent; we may assign them freely, including in connection with a merger, acquisition, asset sale, or reorganization.
24. Entire Agreement, Modifications, and Contact
These Terms, together with our Privacy Policy and any signed agreement for specific paid services (including any institutional license agreement), constitute the entire agreement between you and us regarding the subject matter and supersede all prior agreements, communications, and understandings, written or oral. In the event of a conflict, a signed service or license agreement controls over these Terms for the specific service it covers.
We may update these Terms from time to time. The updated Terms will be posted with a new Effective Date, and material changes will be communicated where reasonably practicable. Your continued use of the Services or any Product after the Effective Date constitutes your acceptance of the updated Terms. The Terms in effect at the time of your purchase govern that purchase.
Legal notices to us, including arbitration opt-outs and DMCA notices, must be sent to snwelsh21@gmail.com. For customer support and order-related questions, contact snwelsh21@gmail.com. Notices to you may be sent to the email address on file with your purchase and are deemed delivered when sent.
25. Acknowledgment
BY PURCHASING OR USING ANY PRODUCT OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, INCLUDING THE ALL SALES FINAL / NO REFUNDS POLICY (SECTION 7), THE CHARGEBACK PROVISIONS (SECTION 8), THE DISCLAIMER OF WARRANTIES (SECTION 18), THE LIMITATION OF LIABILITY (SECTION 19), AND THE BINDING ARBITRATION AND CLASS ACTION WAIVER (SECTION 21), AND THAT YOU AGREE TO BE BOUND BY THEM.
© 2026 Sharon Welsh d/b/a CLEAR CHD Physiology. All rights reserved.