Terms of Use – Website
Welcome to AutoNotes AI, LLC (“AutoNotes AI”)! We are an AI clinical documentation company that provides licensed users with tools to improve their clinical documentation process.
By using or accessing our website and any information on any pages contained herein (the “Website”) or AutoNotes AI Services (as defined below), you (“You”), whether You are a Licensed User or not, agree and consent to these Terms of Use (“TOU”). If you do not agree to these TOU, You must leave the website immediately and discontinue using the Website and attempting to access or use the Software Services (referenced below).
Use of Services
AutoNotes AI provides licensed users access to use our Software Services subject to a separate End User License Agreement (“EULA”). Our Software Services utilize artificial intelligence to generate clinical notes based on patient encounters. Through our network of web properties, AutoNotes provides access to a variety of content and resources, including, but not limited to, product information, web-based software and service platforms, and communication facilities (collectively “Software Services”).
The Software Services are intended for use by trained healthcare professionals in a healthcare business, and as noted above are subject to a separate EULA. You may not use this Website or attempt to use or access the Software Services for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules, and regulations.
By using this Website, You may be offered the opportunity to become a licensed user of our Software Services, and we may grant you access and a non-exclusive license to use the Services in accordance with AutoNotes AI’s EULA in effect at the time. If approved, You will be considered an authorized licensed user (“Licensed User”). We and our authorized affiliates own all rights, title, and interest in and to the Software Services. By using this website and applying for a license to use the Software Services, you also agree to truthfully provide us with all user information in any communication and application to become a Licensed User.
NO COMPETITORS. NO person (individually), person on behalf of or representing, nor any entity (which is directly or indirectly associated with a person, company or other entity), that has a competing software solution to the Licensed Product, or is in the process of developing a competing software solution to the Licensed Product, may use this Website (or information contained herein) nor may you accept the Software Services offered herein. All such individuals and entities who access this Website, or who attempt to gain access to our Software Services, are deemed to have read this prohibition and agree that their access, use (or attempted access and use) and any related actions are an unlawful attempt to misuse, steal, misappropriate, or traffic in AutoNotes trade secret and confidential information.
NO PATIENTS. The use of this Website is not intended for any patients or people seeking diagnosis or treatment in any manner. Additionally, the use of the Software Services offered herein are prohibited for individuals seeking medical advice or treatment. If you need medical help or treatment you should consult with a qualified medical provider.
Conditions of Use
By utilizing or accessing AutoNotes AI’s Website (and the Software Services which are offered herein), You agree to adhere to these TOU. You are expressly prohibited from, directly or indirectly: (i) altering, reverse engineering, reproducing, duplicating, creating derivative works, misappropriating, selling, or exploiting AutoNotes AI Services, including our technology, software, intellectual property, or its content without the explicit written consent of AutoNotes AI; (ii) engaging in any unlawful, defamatory, or infringing activities while using AutoNotes AI Services, including our technology, software, intellectual property, or platform; or (iii) utilizing AutoNotes AI Services, including our technology, software, intellectual property, or platform, to transmit, store, or upload any form of malicious or destructive code or viruses. This includes attempts as well. Unless expressly stated otherwise, You are not authorized to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services. Additionally, You are expressly prohibited from using any of AutoNotes AI technology or Software Services in any way, including, but not limited to, from developing or creating a similar product or service that could compete or interfere with AutoNotes AI, or from developing or creating a derivative or add-on product or service. AutoNotes AI reserves the right to take legal action against any person or entity’s unauthorized use or reproduction of our trade secret information, confidential or proprietary information, products, services, or ideas, in any way. AutoNotes will vigorously defend our intellectual property rights.
AUTONOTES AI RETAINS THE RIGHT TO MODIFY OR TERMINATE THE WEBSITE OR SERVICES WITHOUT PRIOR NOTICE AND AT ITS SOLE DISCRETION. AUTONOTES SOFTWARE SERVICES ARE PROVIDED SUBJECT TO A SEPARATE EULA.
Privacy
AutoNotes AI respects Your privacy and will not share Your personal information with third parties except as required by law. We may collect, use, and disclose Your information in accordance with our Privacy Policy, which is incorporated by reference into these TOU.
Intended Audience
AutoNotes Services are for healthcare professionals and are intended for use only by adults 18 years and older. Anyone under this age is expressly prohibited from accessing or using AutoNotes AI’s online Services.
No Medical Advice
The information on this Website and the Software Services as part of the EULA are not intended to provide medical advice or treatment. Use of our Website and Software Services does not create a physician/patient relationship or replace a qualified healthcare professional’s independent medical judgment. The Software Services are provided with the express understanding that AutoNotes AI’s Licensed Users (“Licensed Users”) are suitably qualified or working under the guidance of suitably qualified personnel and will rely on their own experience for accuracy. Each User is responsible for ensuring that it, or if it is a Business User then its authorized sub users, have the appropriate healthcare professional experience and use their own independent medical judgment to ensure that any AI clinical documentation generated by our Software Services applies to the circumstances for which they are sought.
AutoNotes AI does not offer medical, billing, accounting, or legal advice through our website or online Service. Healthcare professionals may not use our Software Services to process personal data.
No PHI
Users of this Website are not permitted to upload or submit any personal health information (PHI) to the Service or AutoNotes AI. AutoNotes AI does not believe it is a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) and, therefore, cannot provide the necessary protections for PHI. If a User is a covered entity, business associate, or subcontractor, as those terms are defined in 45 CFR 160.103 or any successor rule, it is solely responsible for ensuring that its use of this Webiste and the Software Services are compliant with HIPAA and other applicable patient and consumer privacy laws.
Disclaimers & Warranties
THE SOFTWARE SERVICES BEING OFFERED ON THIS WEBSITE AND INFORMATION ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AUTO NOTES AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
AutoNotes AI’s Software Services are dependent upon the Licensed User and their interaction with their patients. Patients should always seek the advice of a qualified healthcare professional with any questions they may have regarding a medical condition, and the Services do not render medical advice, diagnoses, or conclusions. AutoNotes AI does not warrant or guarantee any outcomes resulting from using the Service.
AutoNotes AI does not warrant or guarantee the accuracy, completeness, timeliness, or usefulness of any medical or billing information or content provided by AutoNotes AI website and our Software Services. All information and content provided to Licensed Users are done with the express understanding that each Licensed User is suitably qualified, or working under the guidance of suitably qualified personnel, and will rely on their own experience for accuracy. AutoNotes AI does not offer medical, billing, accounting, or legal advice on this website or through our Service.
AutoNotes AI does not warrant or guarantee that your use of the Website or our platform will meet or ensure compliance with any ethical or legal obligations, laws, rules, or regulations. You are solely responsible for ensuring that your use of the Website and its components complies with applicable laws and obligations.
AutoNotes AI reserves the right to substitute, modify, or remove any content included on this Website or part of its Software Services at any time and without prior notice.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL AUTONOTES AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, THIS WEBSITE OR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, OR BUSINESS INTERRUPTION, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THIS SITE USE AND USE OF SERVICES.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD AUTONOTES AI AND ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND PARTNERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Member Licensed User Accounts
AutoNotes Services are available exclusively for the access and use by our Licensed Users. If an AutoNotes AI license has been purchased or obtained by or for You, then Your use and access of AutoNotes AI’s Services, websites, software, and online interface is subject to the terms of our EULA, in addition to these TOU. The EULA will prevail if any inconsistency arises between the EULA and these TOU.
You are expressly prohibited from using or accessing any other Licensed User’s account at any time, with or without the permission of the Licensed User. Licensed Users are solely responsible for maintaining the confidentiality of their password and account. Furthermore, Licensed Users are entirely responsible for all activities that occur under their account. AutoNotes AI is not responsible for any unauthorized activity on your account.
Licensed Users must notify AutoNotes AI immediately of any unauthorized account use or any other security breach. AutoNotes AI will not be liable for any loss that a Licensed User may incur due to a third party’s use or access to its password or account, either with or without its knowledge. AutoNotes AI reserves the right to terminate a Licensed User’s account and EULA and hold such person or entity liable for losses and damages incurred by AutoNotes AI or its affiliates due to someone else using or accessing the Licensed User’s account.
Multiple Accounts – Business Users
A Business User is an AutoNotes Licensed User who owns a business entity that legitimately requires the use of multiple Service accounts and by its employees or authorized contractors (a “Business User”). A Business User with multiple Service accounts is responsible for all User actions on all of its respective accounts. Likewise, a Business user has an affirmative responsibility to monitor and manage all of its AutoNotes AI accounts and authorized Licensed Users.
Prohibited Content
A Licensed User may not upload or submit any content to your account or directly to AutoNotes AI that is defamatory, obscene, pornographic, or otherwise offensive. Licensed Users may not upload or submit any content to your account or to AutoNotes AI that violates the rights of others, including intellectual property rights or HIPAA privacy rights. You may not use this Website and our Software Services to engage in any illegal or unauthorized activity.
Security
AutoNotes AI takes reasonable measures to protect our Licensed User’s information from unauthorized access, use, or disclosure. However, AutoNotes AI cannot guarantee that the Licensed User’s information will be completely secure as Licensed Users are responsible for maintaining the confidentiality of its own account login credentials, including passwords.
Termination
AutoNotes AI may terminate or block access to this Website, and terminate a Licensed User’s access to the Software Service at any time, with or without cause. A Licensed User may also terminate their account at any time, subject to the terms and conditions in the EULA. All rights to use the Software Services granted to a Licensed User under the EULA, and any use of this Website, will immediately cease upon termination.
Governing Law
We (AutoNotes AI and You) agree that the TOU and EULA for AutoNotes Software Services shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflicts of law provisions. We agree that any lawsuit or disagreement arising from or related to the TOU shall be brought exclusively in the County or Circuit Court, in and for Palm Beach County, Florida, agree to waive any rights to a jury trial, and agree that the prevailing party will be able to recover its attorney’s fees and costs in any action to enforce these TOU’s.
Modifications
AutoNotes AI reserves the right to modify or otherwise update these TOU at any time, without notice. Your continued use of the website or Software Services after any such update or modification shall constitute Your agreement to be bound by the modified TOU and EULA in effect.
Our Relationship
These TOU do not create a partnership, joint venture, or agency relationship between You and AutoNotes AI. Each Licensed User and AutoNotes AI are independent contractors of each other, and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
Free Trial Abuse Policy
To ensure the integrity and sustainability of this Website and our Software Services, AutoNotes AI includes specific terms regarding the use of our Software Services during a limited free trial. By signing up for a free trial of the AutoNotes’ Software Services, You agree to become a Licensed User subject to our EULA in effect at that time, at all times during the free trial. A Licensed User on a free trail agrees to utilize the Software Services for the purpose of evaluating its features and functionalities.
Any attempt to abuse this free trial, including but not limited to creating multiple accounts to extend free trial benefits, using free trial access for commercial purposes without authorization, or engaging in actions that unfairly exploit the resources provided, may result in immediate termination of the trial access.
Furthermore, individuals or entities found violating a free trial of the Software Services may be barred from future use of AutoNotes AI Services, and AutoNotes AI may determine to seek compensation for any damages or harm caused. AutoNotes AI reserves the right to determine what constitutes abuse of the free trial and to take appropriate actions, including legal measures, to protect its services and users.
AutoNotes Refund Policy
At AutoNotes, we strive to provide a high-quality service that meets the needs of our users. AutoNotes AI has a NO-REFUND POLICY for our Software Services. However, we understand there may be circumstances where a refund might be warranted, and AutoNotes AI reserves the right to make refund determinations on a case-by-case basis.
Contact Us
For any questions regarding our refund policy, please contact our support team at support@autonotes.ai.
