Terms of Service

By accessing or using the services, website and software of ScribeBrain (including but not limited to www.scribebrain.com and related applications) (collectively, the “Services”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you may not access or use the Services.

You represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are acting on behalf of an organization, you represent you have the authority to bind that organization to these Terms.

We provide AI-powered medical scribing, documentation and related services as described on our website (“Services”). You may be required to register an account, provide accurate information, and maintain the security of your credentials. You agree to notify us immediately of any unauthorized use of your account or password.

You agree not to (and not permit any third-party to):

• Use the Services in a manner inconsistent with applicable laws, regulations or professional standards (especially but not limited to healthcare, privacy, data protection and medical document rules).
• Remove, alter or obscure any proprietary notices or intellectual property rights of ScribeBrain or its licensors.
• Reverse engineer, decompile, disassemble, modify or create derivative works of the Services (except to the extent permitted by law notwithstanding this restriction).
• Use the Services in any way that could damage, disable, impair or overburden our infrastructure, or interfere with any other user's use of the Services.
• Use the Services to upload, transmit or store malware, or for any unlawful, fraudulent or abusive purpose.

You acknowledge that as part of your use of the Services you will provide certain inputs (for example, audio, text, patient encounter data) to generate output (for example visit notes, summary documentation). You retain ownership of your inputs and outputs subject to the license grant below. You grant ScribeBrain a non-exclusive, worldwide, royalty-free license to use, reproduce, process, modify, and display the inputs and outputs solely to provide and improve the Services. You further agree that you will not submit any data to us that you are prohibited from submitting (such as protected-health-information you have no right to transmit, unless permitted by law and our contract).

You acknowledge and agree that ScribeBrain does not retain personal identifiable information (PII) or protected health information (PHI) in long-term storage as part of its Services. Any ephemeral or temporary processing is performed strictly in accordance with our internal data handling and deletion policies. You warrant that you are responsible for complying with applicable laws regarding any PHI or PII you submit or generate, including ensuring proper patient consent, de-identification or other safeguards as required by law.

The Services, including all software, algorithms, content, branding, logos, design, templates, documentation and other materials provided by ScribeBrain (“ScribeBrain IP”), are and will remain the exclusive property of ScribeBrain or its licensors. Except as expressly granted herein, no rights or licenses are provided to you. All rights not expressly granted are reserved.

The Services may integrate with or provide links to third-party products, services or content (“Third-Party Services”). Your use of Third-Party Services is governed by the terms of those third parties. ScribeBrain does not endorse and is not responsible or liable for any Third-Party Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ScribeBrain does not warrant that the Services will be uninterrupted or error-free.

IN NO EVENT WILL SCRIBEBRAIN OR ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR USE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SCRIBEBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SCRIBEBRAIN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO SCRIBEBRAIN IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) US$1,000.

You agree to indemnify, defend and hold harmless ScribeBrain and its officers, directors, employees, agents and affiliates from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services, your violation of these Terms, or your violation of any law or third-party rights.

These Terms remain in effect until terminated. You may stop using the Services at any time. We may suspend or terminate your access (without liability) for any reason, including if you breach these Terms. Sections 4, 5, 6, 7, 9, 10, 11, 12 and 13 will survive termination.

These Terms are governed by and construed in accordance with the laws of the State of Georgia, USA (without regard to its conflict of law provisions). You and ScribeBrain agree to submit to the exclusive jurisdiction of the state and federal courts located in Cherokee County, Georgia for any dispute arising under these Terms.

We may revise these Terms from time to time. Each revision will be effective when posted on the website with a new “Effective Date.” Your continued use of the Services after such posting constitutes acceptance of the revised Terms.

If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force. These Terms constitute the entire agreement between you and ScribeBrain regarding the Services, superseding any prior agreements or communications. You may not assign these Terms without ScribeBrain's prior written consent, but ScribeBrain may assign these Terms, in whole or in part, without restriction.