Terms and Conditions

1. Introduction

Welcome to ClinixSummary (“the App”), a globally available transcription service designed for healthcare professionals to transcribe and summarize patient encounters post-assessment using our proprietary, fine-tuned AI-powered model. By accessing or using the App, you agree to be bound by these Terms and Conditions (“Terms”) and our Privacy Policy (collectively referred to as the “Agreement”). If you do not agree with any part of this Agreement, you must immediately discontinue use of the App.

Part I: Terms and Conditions

2. Scope of These Terms

2.1 Global Applicability
These Terms apply to all users of the App worldwide. You are responsible for ensuring that your use of the App complies with all applicable laws, regulations, and professional standards in your jurisdiction.

2.2 Healthcare Professionals
The App is intended solely for licensed healthcare professionals or entities acting under the direct supervision of licensed healthcare professionals (“Users”). By using the App, you represent and warrant that you are a licensed healthcare professional or have the requisite authority to utilize the App in a clinical or professional setting.

3. User Responsibilities

By using the App, you expressly agree to:

  1. Obtain Patient Consent
    • Obtain explicit, written or otherwise legally valid consent from patients for the processing, transcription, and/or transmission of their Personal Health Information (PHI), where required by law.
    • Maintain a record of such consents as required by applicable laws.
  2. Use Secure Communication Channels
    • Use secure and compliant email systems or other authorized communication methods to receive any transcribed information (“scripts”).
  3. Comply with All Applicable Laws
    • Follow all relevant local, national, and international laws, regulations, and professional standards when using the App, including data protection, privacy, and healthcare regulations.
  4. Provide Accurate Information
    • Ensure that any information you provide to us, including registration details and any professional credentials, is accurate, current, and complete.
    • Promptly update any information that becomes outdated or inaccurate.
  5. Maintain Confidentiality
    • Keep all patient information confidential in accordance with applicable laws, including HIPAA, GDPR, PIPEDA, and other relevant regulations.
  6. Local Device Storage
    • Understand that any data you record on your mobile device is stored locally until it is deleted or transmitted to you. You are responsible for securing your own device to prevent unauthorized access.

4. Use of the App

4.1 Professional Use Only
The App is designed to assist healthcare providers in transcribing patient encounters. It is not a substitute for professional medical judgment, diagnosis, or treatment. You agree not to rely solely on the App for clinical decision-making.

4.2 Prohibited Uses
You agree not to:

  • Use the App for any unlawful or unauthorized purposes.
  • Share your account credentials or allow unauthorized third parties to access the App on your behalf.
  • Interfere with or disrupt the operation of the App, including any servers or networks connected to the App.
  • Decompile, reverse-engineer, or otherwise attempt to derive the source code or underlying ideas of any part of the App.

4.3 Accuracy of AI-Generated Transcriptions
While we strive to provide accurate, high-quality transcriptions, we do not guarantee error-free results. You are responsible for reviewing and verifying all transcriptions before finalizing any patient records.

5. Data Security and Retention

5.1 Minimal Data Handling

  • No Long-Term Storage: We do not collect or permanently store any patient information on our servers. All dictations are processed and immediately transcribed, then deleted once sent to your specified email or within 24 hours, whichever is sooner.
  • Local Storage: During dictation, data may be stored temporarily on your device’s local storage. You are responsible for ensuring the security of your device.

5.2 Data Processing

  • Patient encounter information is processed through our proprietary AI model. Once the transcription is complete and securely sent to you, the data is promptly deleted from our operational systems (typically within 24 hours).
  • In providing these services, we act as a data processor where you, as a healthcare professional, are the data controller with respect to any patient data you record.

5.3 Security Measures

  • We implement encryption, secure authentication, and other industry-standard security measures to protect any data while it is in our possession.
  • No method of data transmission or storage can be guaranteed 100% secure. You acknowledge the inherent risks involved in transmitting information over the internet or storing it on your device.

5.4 Incident Response
In the unlikely event of a data breach or security incident affecting any data while in our custody, we will promptly notify you as required by law and cooperate to mitigate any adverse effects.

6. Cross-Border Data Transfers

6.1 Consent to Transfer
During the minimal time that we handle data, it may be processed on servers located in countries other than your own. By using the App, you explicitly consent to such cross-border transfers for the limited purpose of transcription, subject to appropriate safeguards.

6.2 Standard Contractual Clauses
Where required by the GDPR or other regulations, we may utilize Standard Contractual Clauses (SCCs) or other lawful mechanisms to ensure adequate data protection during such transfers.

7. Intellectual Property

7.1 Ownership
All content, trademarks, service marks, logos, and intellectual property rights related to the App are owned or licensed by Gacrux Advanced Technologies in Medicine Ltd (Gatmedi).

7.2 License
You are granted a limited, non-exclusive, revocable, non-transferable license to access and use the App for lawful, professional purposes in accordance with these Terms. No other rights or licenses are granted or implied.

7.3 Feedback
Any feedback, suggestions, or improvements you provide regarding the App may be used by us without restriction and without any compensation to you.

8. Limitation of Liability

8.1 Disclaimer of Warranties
To the maximum extent permitted by law, the App is provided “as is” and “as available.” We and our affiliates, licensors, and service providers disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 Limitation of Damages
In no event shall Gatmedi or its affiliates be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of revenue or anticipated profits, loss of data, or business interruption, arising out of or in connection with your use of (or inability to use) the App.

8.3 Cap on Liability
Where liability cannot be excluded, our aggregate liability to you, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you (if any) for accessing or using the App in the twelve (12) months preceding the event giving rise to the claim.

9. Termination

9.1 Termination Rights
We may, at our sole discretion, suspend or terminate your access to the App immediately and without notice if:

  • You violate these Terms or any applicable law or regulation.
  • We discontinue or significantly alter the App.
  • Required by legal or regulatory authorities.

9.2 Effects of Termination
Upon termination, your right to use the App will immediately cease. We may delete your account and any associated data unless retention is required by law or is necessary for legitimate business purposes.

10. Compliance with Laws

10.1 GDPR (European Economic Area)

  • We act as a data processor for any patient data you handle, while you act as the data controller.
  • Both parties agree to comply with the EU General Data Protection Regulation (2016/679) (“GDPR”) and any local data protection laws.

10.2 HIPAA (United States)

  • We operate as a Business Associate under the Health Insurance Portability and Accountability Act (“HIPAA”), where applicable.
  • A Business Associate Agreement (“BAA”) may be executed where required.

10.3 PIPEDA (Canada)

  • We comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and any applicable provincial legislation for data protection and consent.

10.4 Other Jurisdictions

  • You must ensure compliance with local data protection, privacy, and healthcare regulations. This includes obtaining patient consent as required by laws specific to your location.

11. Updates to These Terms

We reserve the right to modify or replace these Terms at any time to reflect changes in our services or legal requirements. Your continued use of the App after any such updates constitutes your acceptance of the revised Terms. We will notify you of significant changes by email or by placing a prominent notice on our website.

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