Terms of Service

Effective date: August 1, 2025

Effective Date: January 31, 2025

By accessing or using Healthnotes AI (the "Platform"), including our website, mobile applications, voice transcription services, AI-powered documentation tools, and any related services (collectively, the "Services"), you agree to abide by these Terms of Service and to comply with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA) and other healthcare privacy laws. If you do not agree with these Terms of Service, you are prohibited from using or accessing the Platform or using any other services provided by Healthnotes AI, Inc. ("Healthnotes AI", "we", "us", or "our").

We reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the Platform or via email. Any changes to these Terms of Service will take effect immediately from the date of publication, unless otherwise specified.

Healthcare Professional Use

Healthnotes AI is designed for use by licensed healthcare professionals and healthcare organizations. By using the Platform, you represent and warrant that:

You are a licensed healthcare professional or authorized representative of a healthcare organization;
You will use the Platform in compliance with all applicable professional standards and regulations;
You understand that the Platform is a documentation aid and does not replace professional medical judgment;
You will verify all AI-generated content before including it in official medical records;
You will obtain appropriate patient consent for voice recording and transcription services.

Limitations of Use

By using the Platform, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the Platform;
remove any copyright or other proprietary notations from any materials and software on the Platform;
transfer the materials to another person or "mirror" the materials on any other server;
knowingly or negligently use the Platform or any of its associated services in a way that abuses or disrupts our networks or any other service Healthnotes AI provides;
use the Platform or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use the Platform or its associated services in violation of any applicable laws or regulations, including HIPAA and state privacy laws;
use the Platform in conjunction with sending unauthorized advertising or spam;
harvest, collect, or gather user data without the user's consent;
use the Platform or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties;
share login credentials or allow unauthorized access to the Platform;
use the Platform to store or transmit Protected Health Information (PHI) without a signed Business Associate Agreement (BAA);
attempt to circumvent any security measures or access controls;
use the Platform for any purpose other than legitimate healthcare documentation and related activities.

Intellectual Property

The intellectual property in the materials contained in the Platform, including but not limited to software, text, graphics, logos, AI models, voice processing technology, and medical documentation templates, are owned by or licensed to Healthnotes AI and are protected by applicable copyright, trademark, patent, and trade secret laws. We grant our authorized users a limited, non-exclusive, non-transferable license to access and use the Platform solely for legitimate healthcare documentation purposes.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Healthnotes AI at any time without notice.

User-Generated Content and Medical Documentation

Ownership and Licensing

You retain all ownership rights to medical documentation, clinical notes, voice recordings, and other content you create using the Platform ("User Content"). However, you acknowledge that:

All patient health information must be handled in compliance with HIPAA and applicable privacy laws;
You are solely responsible for obtaining necessary patient consents for recording and documentation;
You must ensure all User Content complies with professional medical standards and regulations.

Limited License for Service Operation

To provide the Services, you grant Healthnotes AI a limited, non-exclusive, royalty-free license to:

Process voice recordings for transcription and speaker identification;
Apply AI models to generate clinical documentation suggestions;
Store and retrieve your content as necessary to provide the Services;
Analyze aggregated, de-identified data to improve our AI models and Services;
Transmit content to integrated EHR systems as directed by you.

This license is limited to the operation of the Services and expires when you delete your content or terminate your account, except as required for legal compliance or backup purposes.

AI-Generated Content

Content generated by our AI models based on your inputs:

Is provided as a suggestion only and must be reviewed and verified by you;
Does not constitute medical advice or professional medical judgment;
May be used by us in aggregated, de-identified form to improve our models;
Remains your responsibility when incorporated into medical records.

Healthcare Disclaimer and Limitation of Liability

Medical Disclaimer

THE PLATFORM IS A DOCUMENTATION TOOL AND DOES NOT PROVIDE MEDICAL ADVICE. All content generated or suggested by our AI models is for informational purposes only and should not be relied upon as a substitute for professional medical judgment, diagnosis, or treatment. Healthcare professionals using the Platform remain solely responsible for all medical decisions and patient care.

Warranty Disclaimer

The Platform and all materials, services, and AI-generated content are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Healthnotes AI expressly disclaims all warranties of any kind, whether express or implied, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
Warranties regarding the accuracy, reliability, or completeness of AI-generated content;
Warranties that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components;
Warranties regarding the security of data transmission or storage.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEALTHNOTES AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR:

Any indirect, incidental, special, consequential, or punitive damages;
Loss of profits, revenue, data, or use;
Medical malpractice claims arising from your use of the Platform;
Damages arising from unauthorized access to or alteration of your transmissions or data;
Damages arising from any third-party content or conduct on the Platform;
Any damages exceeding the fees paid by you to Healthnotes AI in the twelve (12) months preceding the claim.

These limitations apply regardless of the theory of liability, whether based in contract, tort (including negligence), strict liability, or otherwise, and even if Healthnotes AI has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Healthnotes AI and its officers, directors, employees, contractors, agents, affiliates, and suppliers from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

Your violation of these Terms of Service;
Your violation of any rights of another party, including patients;
Your violation of any applicable laws, including HIPAA;
Any medical malpractice claims related to your professional services;
Your use or misuse of the Platform or AI-generated content.

Accuracy of Materials

The materials appearing on the Platform, including AI-generated content, medical documentation templates, and transcription outputs, are not comprehensive and are provided for informational and documentation assistance purposes only. Healthnotes AI does not warrant or make any representations concerning the accuracy, completeness, or reliability of any AI-generated content or transcription results. Healthcare professionals must independently verify all information before incorporating it into medical records or using it for clinical decision-making.

Third-Party Services and Integrations

Healthnotes AI integrates with various third-party services, including EHR systems (Epic, Cerner, Medplum), AI providers (OpenAI, Anthropic), cloud infrastructure (Convex, AWS), and other healthcare technology platforms. We are not responsible for the availability, content, privacy practices, or security of these third-party services. Your use of integrated services is subject to their respective terms and conditions. We strongly advise reviewing the terms, privacy policies, and security practices of any third-party services you connect to the Platform.

Subscription and Billing

Pricing

Current pricing information is available on our website at healthnotes.ai/pricing. We reserve the right to modify our pricing at any time with thirty (30) days' notice. Price changes will not affect active subscription periods but will apply upon renewal.

Business Associate Agreement (BAA)

To handle Protected Health Information (PHI) through the Platform, you must execute a Business Associate Agreement with Healthnotes AI. The BAA is available to all paid subscription plans at no additional cost. Contact us at compliance@healthnotes.ai to request your BAA.

Payment Terms

Subscription fees are billed in advance on a monthly or annual basis;
All fees are non-refundable except as required by law;
You are responsible for providing accurate billing information;
Failure to pay may result in suspension or termination of access.

Term and Termination

Term

These Terms of Service are effective upon your first use of the Platform and remain in effect until terminated.

Termination by You

You may terminate your account at any time through your account settings or by contacting support@healthnotes.ai. Upon termination:

Your access to the Platform will cease immediately;
We will delete or de-identify your data within thirty (30) days;
You remain responsible for any outstanding fees.

Termination by Healthnotes AI

We may suspend or terminate your access immediately if you:

Breach these Terms of Service or any applicable law;
Fail to pay subscription fees when due;
Engage in conduct that poses a risk to patient safety or data security;
Use the Platform in a manner that could damage our reputation or business.

Effect of Termination

Upon termination:

All licenses granted to you will immediately cease;
You must stop using the Platform and delete any downloaded materials;
Sections relating to intellectual property, indemnification, limitation of liability, and governing law survive termination.

Data Privacy and Security

HIPAA Compliance

We maintain administrative, physical, and technical safeguards that comply with HIPAA requirements. Our data security measures include:

End-to-end encryption for all PHI in transit and at rest;
Role-based access controls with multi-factor authentication;
Comprehensive audit logging of all PHI access;
Regular security assessments and penetration testing.

Data Processing

Your use of the Platform is also subject to our Privacy Policy and, where applicable, our Data Processing Agreement. We process data solely to provide the Services and do not sell or share PHI with third parties except as necessary to provide the Services or as required by law.

Miscellaneous

Entire Agreement

These Terms of Service, together with our Privacy Policy and any executed BAA, constitute the entire agreement between you and Healthnotes AI regarding the Platform.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Governing Law

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

Contact Information

For questions about these Terms of Service, please contact:

Healthnotes AI, Inc.
Email: legal@healthnotes.ai
Address: [Your Business Address]

Last Updated: January 31, 2025