Platform Terms of Use
Scribeable Medical Documentation Platform
Last Updated: February 5, 2026
IMPORTANT LEGAL NOTICE
PLEASE READ THESE PLATFORM TERMS OF USE (THESE "TERMS") CAREFULLY BEFORE ACCESSING OR USING THE SCRIBEABLE PLATFORM. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (AND, IF APPLICABLE, THE ENTITY YOU REPRESENT) AND SCRIBEABLE, INC. ("SCRIBEABLE," "WE," "US," OR "OUR").
BY CLICKING "I ACCEPT," ACCESSING, DOWNLOADING, INSTALLING, OR USING THE SCRIBEABLE PLATFORM (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.
1. DEFINITIONS
1.1 Key Terms
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"Platform" means Scribeable's proprietary software-as-a-service platform, including the iOS mobile application, web portal, browser extension, APIs, and all related services, features, content, and documentation.
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"Services" means all features and functionality provided through the Platform, including but not limited to AI-powered clinical documentation, voice transcription, EHR integration, patient management, clinical decision support, and related professional tools.
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"You" or "Customer" means the individual or legal entity that has agreed to these Terms, including any Authorized Users acting on your behalf.
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"Authorized User" means any healthcare provider, clinician, staff member, or other individual authorized by you to access and use the Platform under your account.
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"Protected Health Information" or "PHI" has the meaning set forth in the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), and its implementing regulations.
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"Clinical Content" means any medical records, clinical notes, patient information, consultation summaries, diagnoses, treatment plans, or other healthcare-related data created, processed, or transmitted through the Platform.
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"AI Output" means any content, suggestions, recommendations, summaries, or analysis generated by artificial intelligence models through the Platform.
2. ACCEPTANCE AND MODIFICATIONS
2.1 Agreement to Terms
If you are accepting these Terms on behalf of an organization (such as a medical practice, clinic, or healthcare facility), you represent and warrant that:
- You have the legal authority to bind that organization to these Terms
- You have read and understand these Terms
- You agree to these Terms on behalf of that organization
2.2 Modifications
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting the updated Terms on the Platform with a new "Last Updated" date
- Sending email notification to your registered email address
- Displaying an in-app notification upon your next login
Your continued use of the Platform after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modifications, you must immediately cease using the Platform and may terminate your account as described in Section 12.
2.3 Additional Terms
Certain features of the Platform may be subject to additional terms and conditions, including:
- Business Associate Agreement (BAA) - Required for HIPAA-covered entities (Schedule A)
- Browser Extension Terms - Applicable when using the EHR browser extension (Schedule B)
- Professional Services Agreement - For enterprise customers and custom implementations
- Data Processing Addendum (DPA) - For customers subject to GDPR or similar regulations
These additional terms are incorporated herein by reference and control to the extent of any conflict with these Terms for the specific features or services they govern.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 Eligibility Requirements
To use the Platform, you must:
- Be at least 18 years of age
- Be a licensed healthcare provider or authorized to access PHI under applicable law
- Have the legal authority to enter into these Terms
- Comply with all applicable federal, state, and local laws and regulations
- Not be located in, or a resident of, any jurisdiction where provision of the Services would be illegal
3.2 Account Registration
To access the Platform, you must create an account by providing:
- Full legal name
- Valid email address
- Professional credentials and license information
- Practice or facility information
- Billing information (for paid subscriptions)
You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.
3.3 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use or security breach
- Using commercially reasonable efforts to prevent unauthorized access
You agree not to:
- Share your account credentials with anyone
- Allow multiple individuals to use a single account
- Create an account using false or misleading information
- Create an account if you have been previously banned from the Platform
3.4 Authorized Users
You may authorize additional users (such as staff members or colleagues) to access the Platform under your account. You acknowledge and agree that:
- You are fully responsible for all activities of your Authorized Users
- Each Authorized User must comply with these Terms
- You must ensure Authorized Users have appropriate training and authorization to access PHI
- You must promptly deactivate access for any Authorized User who no longer requires it
4. SUBSCRIPTION PLANS AND BILLING
4.1 Subscription Tiers
The Platform is offered under the following subscription plans (pricing effective February 2026):
Free:
- 15 AI-generated clinical notes per month
- Unlimited transcription
- All note formats
- Email support
- No credit card required
- Single user
Pro ($99/month or $990/year):
- Introductory offer: $79 for first month
- Unlimited AI-generated clinical notes
- Unlimited transcription
- All note formats and documentation types
- Priority email support
- Advanced export options
- Template customization
- AI quality verification
- EHR integration
- Single user
Team ($89/seat/month or $890/seat/year):
- Introductory offer: $69/seat for first month
- Unlimited AI-generated clinical notes per seat
- 2+ providers (seats)
- Unlimited transcription
- Team management dashboard
- Shared template library
- Usage analytics
- Priority + phone support
- AI quality verification
- EHR integration
Enterprise (Custom Pricing - Contact Sales):
- Custom AI note allocation based on organization needs
- 10+ providers (unlimited)
- Unlimited transcription
- Premium support with training
- Advanced analytics dashboard
- SSO/SAML integration
- Custom integrations
- Dedicated account manager
- Custom BAA terms
- Volume pricing discounts
4.2 Automatic Renewal and Cancellation
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing period (monthly or annual) and you will be charged the then-current rate using your payment method on file unless you cancel before the renewal date. To cancel: visit Settings → Billing in the app, email [email protected], or for iOS subscriptions, manage through Apple Settings → Subscriptions. We will send a renewal reminder at least 3 days before monthly renewals and 15 days before annual renewals.
4.3 Billing and Payment
- Subscription fees are billed in advance on a monthly or annual basis
- Payment is due immediately upon subscription activation
- All fees are non-refundable except as required by law or expressly stated in these Terms
- We accept payment via Apple In-App Purchase for mobile subscriptions
- Enterprise customers may be invoiced separately under a Professional Services Agreement
- Team tier billing is based on number of active seats
4.4 Usage Limits and Add-ons
For paid plans, if you approach your monthly AI note allocation:
- You will receive notification when approaching your limit (at 80% and 95%)
- You may purchase add-on packs through the Platform
- Extra Notes Pack: $29 per 100 additional notes
- Rounding Pro: $19/month for advanced rounding mode features
- Add-on notes are valid for the current billing cycle
- Unused add-on notes do not roll over to the next billing period
4.5 Price Changes
We reserve the right to modify subscription pricing upon 30 days' advance notice. Price changes will take effect at the start of your next billing cycle. If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.
4.6 Taxes
All fees are exclusive of applicable federal, state, local, or foreign taxes, levies, or duties. You are responsible for paying all such taxes except those based on our net income.
4.7 Free Trial Terms
- Free trials are limited to new customers only
- One free trial per person or organization
- We may require payment information to activate a trial
- Your subscription will automatically convert to a paid plan at the end of the trial period unless you cancel
- You may cancel at any time during the trial period without charge
- Free trial access may not be used for commercial purposes or competitive analysis
- California SB 340 Disclosure: If you provide payment information to start a free trial, you will be notified before the trial ends and before any charge is made. We will send a reminder notification at least 3 business days before the trial expires and your paid subscription begins. You may cancel at any time before the trial period ends to avoid being charged.
4.8 Apple In-App Purchase Terms
If you subscribe to the Platform through the Apple App Store (via In-App Purchase):
- Payment processing is handled entirely by Apple, Inc. and is subject to Apple's terms and conditions
- Refund requests for iOS subscriptions must be directed to Apple, as Apple controls the refund process for In-App Purchases. Scribeable cannot issue refunds for purchases made through the App Store
- Cancellation of iOS subscriptions must be done through Apple Settings → [Your Name] → Subscriptions. Canceling your Scribeable account alone does not cancel your Apple subscription
- Pricing displayed in the App Store may differ from web pricing due to Apple's commission and currency conversion
- Apple is not a party to these Terms and has no obligation to furnish maintenance or support for the Platform
5. PERMITTED USE AND RESTRICTIONS
5.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your internal clinical and administrative purposes.
5.2 Restrictions
You agree NOT to:
Technical Restrictions:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform
- Modify, adapt, translate, or create derivative works based on the Platform
- Remove, obscure, or alter any proprietary notices or labels on the Platform
- Use any automated system (bots, scrapers) to access the Platform except as expressly authorized
- Circumvent any security measures or access controls
- Interfere with or disrupt the Platform or servers/networks connected to the Platform
- Introduce viruses, malware, or other harmful code
Usage Restrictions:
- Use the Platform in violation of any applicable law or regulation
- Use the Platform to build a competitive product or service
- Resell, sublicense, lease, time-share, or otherwise commercialize access to the Platform
- Use the Platform for any illegal, fraudulent, or unauthorized purpose
- Access another user's account without authorization
- Use the Platform to process data for any third party
- Store or archive Platform content outside the Platform without written permission
Professional Restrictions:
- Rely solely on AI Output without exercising independent professional judgment
- Use the Platform as a substitute for professional medical training or education
- Use AI Output for diagnostic or treatment purposes without appropriate review
- Share patient information in violation of HIPAA or other privacy laws
- Use the Platform in any manner that could harm patients or compromise patient safety
5.3 API Usage
If you have API access:
- You must comply with our API documentation and usage guidelines
- API keys are confidential and must not be shared
- You are responsible for all activity using your API credentials
- We may impose rate limits and usage quotas
- We may suspend API access for violations of these Terms
5.4 Reservation of Rights
We reserve all rights not expressly granted in these Terms. The Platform and all related intellectual property rights remain our exclusive property.
6. CLINICAL RESPONSIBILITY AND AI DISCLAIMERS
6.1 Professional Responsibility
YOU ACKNOWLEDGE AND AGREE THAT:
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You Retain Full Professional Responsibility: You are solely responsible for all clinical decisions, diagnoses, treatment plans, and patient care. The Platform is a tool to assist you, not to replace your professional judgment.
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Independent Verification Required: You must independently verify all AI Output, summaries, recommendations, and Clinical Content before relying on them for patient care decisions.
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No Medical Advice: The Platform does not provide medical advice, diagnoses, or treatment recommendations. All AI Output is for informational and documentation purposes only.
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No Doctor-Patient Relationship: Use of the Platform does not create a doctor-patient relationship between Scribeable and any patient.
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You Are the Treating Provider: You are the licensed healthcare provider with ultimate responsibility for patient care, regardless of any assistance provided by the Platform.
6.2 AI Output Limitations
AI Output generated by the Platform:
- May contain errors, inaccuracies, or omissions
- Should not be relied upon without independent professional review
- Is based on the information provided and may not reflect complete patient context
- May not be appropriate for all clinical situations
- Does not constitute professional medical judgment
- Should be reviewed and edited before inclusion in medical records
6.3 Transcription Accuracy
Voice transcription services:
- May contain errors or inaccuracies
- Require review and correction before finalization
- May not accurately capture medical terminology in all cases
- Should not be relied upon without verification
- May be affected by audio quality, accents, or background noise
6.4 Clinical Decision Support
Any clinical decision support features:
- Are provided for informational purposes only
- Do not replace clinical guidelines or institutional protocols
- Should be validated against current medical evidence
- May not reflect the most current medical knowledge
- Require independent professional assessment
6.5 No Warranty of Clinical Accuracy
WE DO NOT WARRANT THAT THE PLATFORM, AI OUTPUT, OR ANY CLINICAL DECISION SUPPORT FEATURES ARE ERROR-FREE, ACCURATE, RELIABLE, OR SUITABLE FOR YOUR SPECIFIC CLINICAL NEEDS.
7. PROTECTED HEALTH INFORMATION AND HIPAA
7.1 Business Associate Relationship
If you are a HIPAA-covered entity or business associate, you must execute our Business Associate Agreement (Schedule A) before using the Platform to process PHI. The BAA governs our respective obligations regarding PHI and supplements these Terms.
7.2 Your HIPAA Obligations
You represent and warrant that:
- You have obtained all necessary patient authorizations and consents
- Your use of the Platform complies with HIPAA and all applicable privacy laws
- You have implemented appropriate administrative, physical, and technical safeguards
- You will not use the Platform in any manner that violates HIPAA
- You have trained your Authorized Users on HIPAA compliance
7.3 Data Minimization
You agree to:
- Only input PHI that is necessary for the Platform's functionality
- Use de-identification or anonymization where appropriate
- Avoid including unnecessary patient identifiers when possible
- Follow principles of data minimization and least privilege
7.4 Breach Notification
If you become aware of any unauthorized access to, use of, or disclosure of PHI through the Platform, you must immediately notify us at [email protected] and comply with all applicable breach notification requirements.
7.5 Patient Consent
You are solely responsible for obtaining appropriate patient consent for:
- AI-assisted documentation
- Voice transcription of clinical encounters
- Storage and processing of PHI in the Platform
- Disclosure of PHI to Scribeable as our Business Associate
- Any other processing of PHI as required by applicable law
8. DATA SECURITY AND PRIVACY
8.1 Security Measures
We implement industry-standard security measures including:
- Encryption in transit (TLS 1.3) and at rest (AES-256)
- End-to-end encryption for web export features
- Role-based access controls
- Audit logging of PHI access
- Regular security assessments and penetration testing
- Secure development practices
- Incident response procedures
8.2 Privacy Policy
Our collection, use, and disclosure of your personal information and PHI is governed by our Privacy Policy, which is incorporated into these Terms by reference. You consent to such collection, use, and disclosure as described in the Privacy Policy.
8.3 Data Location
Your data is stored on secure servers located in the United States. By using the Platform, you consent to the transfer and processing of your data in the United States.
8.4 Third-Party Services
We use third-party service providers ("Subprocessors") to provide certain Platform features:
- Anthropic (Claude API): AI-powered documentation and analysis
- Deepgram: Voice transcription services
- Google Firebase: Authentication and real-time sync
- Cloud hosting providers: Infrastructure and storage
All Subprocessors are bound by appropriate data protection agreements, including Business Associate Agreements where required by HIPAA.
A complete list of Subprocessors is available in our Subprocessor List document.
8.5 No Data Mining or Training
We do not use your Clinical Content or PHI to train AI models or for any purpose other than providing the Services to you. Our agreements with AI service providers prohibit them from using your data for model training.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Platform Ownership
The Platform, including all software, designs, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, algorithms, and computer code (collectively, "Platform Content"), is owned by Scribeable and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
9.2 Your Content
You retain all ownership rights to your Clinical Content, patient data, and any other information you input into the Platform ("Your Content"). By using the Platform, you grant us a limited license to:
- Store, process, and transmit Your Content to provide the Services
- Use Your Content to generate AI Output as requested by you
- Create backup copies for disaster recovery
- Analyze aggregated, de-identified usage data to improve the Platform
This license terminates when you delete Your Content or terminate your account, subject to backup retention periods.
9.3 AI Output Ownership
AI Output generated by the Platform based on Your Content is owned by you. However, you acknowledge that similar or identical output may be generated for other users based on similar inputs.
9.4 Feedback
If you provide us with any suggestions, feedback, or ideas about the Platform ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Platform without any obligation to you.
9.5 Trademark Usage
You may not use our trademarks, logos, or brand names without our prior written consent. Any authorized use must comply with our brand guidelines.
10. REPRESENTATIONS AND WARRANTIES
10.1 Your Representations
You represent and warrant that:
- Authority: You have the legal authority to enter into these Terms and, if applicable, to bind your organization
- Compliance: Your use of the Platform complies with all applicable laws, regulations, and professional standards
- Licenses: You hold all necessary licenses, certifications, and credentials to practice your profession
- Authorization: You have the right to input all Clinical Content into the Platform
- Consents: You have obtained all necessary patient consents and authorizations
- Accuracy: All information you provide is accurate, current, and complete
- No Violations: Your use of the Platform does not violate any agreement you have with third parties
10.2 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING:
- MERCHANTABILITY: The Platform is fit for general use but may not be suitable for your specific purposes
- FITNESS FOR A PARTICULAR PURPOSE: The Platform may not meet your specific clinical or operational needs
- NON-INFRINGEMENT: We do not warrant that the Platform does not infringe third-party rights
- ACCURACY: We do not warrant that AI Output or Platform Content is accurate or error-free
- RELIABILITY: We do not warrant that the Platform will be available, uninterrupted, or secure
- TIMELINESS: We do not warrant that the Platform or data will be provided in a timely manner
- RESULTS: We do not warrant that use of the Platform will achieve any particular result
10.3 AI and Transcription Disclaimers
WE SPECIFICALLY DISCLAIM ANY WARRANTY THAT:
- AI Output is clinically accurate or appropriate for patient care
- Transcription services accurately capture all spoken words
- Clinical decision support features are error-free or current
- The Platform will prevent medical errors or adverse outcomes
10.4 Internet and Technology Risks
You acknowledge that:
- The Platform relies on internet connectivity, which is not under our control
- Data transmission over the internet is inherently insecure
- Software may contain bugs, errors, or security vulnerabilities
- Third-party services may experience downtime or failures
- AI technology has inherent limitations and biases
11. LIMITATION OF LIABILITY
11.1 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCRIBEABLE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
Indirect Damages:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
- LOSS OF GOODWILL OR REPUTATION
- COST OF SUBSTITUTE SERVICES
Clinical Liability:
- MEDICAL MALPRACTICE OR PROFESSIONAL LIABILITY CLAIMS
- PATIENT INJURY OR ADVERSE OUTCOMES
- CLINICAL ERRORS OR OMISSIONS
- FAILURE TO DIAGNOSE OR TREAT
Data Issues:
- LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO DATA
- INABILITY TO ACCESS THE PLATFORM OR YOUR DATA
- ERRORS OR INACCURACIES IN AI OUTPUT OR TRANSCRIPTIONS
Third-Party Actions:
- ACTIONS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS
- INTERNET SERVICE DISRUPTIONS
- EHR SYSTEM COMPATIBILITY ISSUES
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF:
- (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR
- (B) $500
11.3 Exceptions
The limitations in this Section 11 do not apply to:
- Our indemnification obligations under Section 13
- Our gross negligence or willful misconduct
- Liability that cannot be limited by applicable law
- Our obligations under the Business Associate Agreement (Schedule A)
11.4 Essential Terms
You acknowledge that these limitations of liability are essential terms of these Terms and that we would not provide the Platform without these limitations.
12. TERM AND TERMINATION
12.1 Term
These Terms commence when you first access the Platform and continue until terminated by either party.
12.2 Termination by You
You may terminate your account at any time by:
- Canceling your subscription through the Platform settings
- Sending written notice to [email protected]
- For mobile subscriptions, canceling through Apple App Store
Termination is effective at the end of your current billing period. You will not receive a refund for any prepaid fees.
12.3 Termination by Us
We may suspend or terminate your access to the Platform immediately if:
- You violate these Terms or any applicable law
- You fail to pay fees when due
- Your use of the Platform poses a security risk
- You engage in fraudulent or abusive conduct
- We are required to do so by law or government authority
- We elect to discontinue the Platform (with 30 days' notice)
12.4 Effect of Termination
Upon termination:
- Your right to access the Platform immediately ceases
- You must pay all outstanding fees and charges
- We may delete Your Content after a reasonable grace period
- Sections 6, 7, 9, 10, 11, 13, 14, 15, 16, and 17 survive termination
12.5 Data Retrieval
For 30 days after termination, you may export Your Content from the Platform. After 30 days, we may permanently delete Your Content unless legally required to retain it. You are solely responsible for backing up Your Content.
12.6 Refund Policy
Except as required by law:
- Subscription fees are non-refundable
- No refunds for unused AI summaries or services
- No refunds for early termination
- No refunds if we terminate your account for cause
13. INDEMNIFICATION
13.1 Your Indemnification of Us
You agree to indemnify, defend, and hold harmless Scribeable, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:
- Your use or misuse of the Platform
- Your violation of these Terms or any applicable law
- Your violation of any third-party rights, including patient privacy rights
- Clinical Content you input into the Platform
- Your professional services or clinical decisions
- Medical malpractice or professional liability claims
- Any negligent or willful misconduct by you or your Authorized Users
- Breach of your representations and warranties
- Failure to obtain required patient consents
- HIPAA violations caused by your acts or omissions
13.2 Our Indemnification of You
We will indemnify you against third-party claims that the Platform infringes such third party's intellectual property rights, provided that:
- You promptly notify us in writing of the claim
- You give us sole control of the defense and settlement
- You reasonably cooperate with us in the defense
Our indemnification obligation does not apply if the claim arises from:
- Your modification of the Platform
- Your combination of the Platform with other products
- Your use of the Platform in violation of these Terms
- Your use of an outdated version after updates were made available
13.3 Remedies
If the Platform becomes, or in our opinion is likely to become, subject to an infringement claim, we may at our option:
- Procure the right for you to continue using the Platform
- Replace or modify the Platform to make it non-infringing
- Terminate your account and refund prepaid fees for the unused portion
14. DISPUTE RESOLUTION AND ARBITRATION
14.1 Informal Resolution
Before filing a claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve disputes through good faith negotiations for at least 30 days.
14.2 Binding Arbitration
IF INFORMAL RESOLUTION IS UNSUCCESSFUL, YOU AND SCRIBEABLE AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT:
- Either party may seek injunctive or equitable relief in court
- Either party may bring claims in small claims court
- IP infringement claims may be brought in court
Arbitration Rules:
- Arbitration shall be administered by JAMS under its Streamlined Arbitration Rules
- The arbitration shall be conducted in San Francisco, California (or your location if required by law)
- The arbitration shall be conducted by a single neutral arbitrator
- Each party shall bear its own costs and fees
- The arbitrator's decision is binding and may be entered as a judgment in any court
14.3 Class Action Waiver
YOU AND SCRIBEABLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
This waiver does not apply to representative claims brought under the California Private Attorneys General Act ("PAGA") or claims that cannot be waived under applicable law.
14.4 Opt-Out
You may opt out of the arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your opt-out notice must include your name, address, and account email, and state that you do not wish to resolve disputes with Scribeable through arbitration.
14.5 Changes to Arbitration Terms
If we make changes to this arbitration provision, you may reject the changes by sending written notice within 30 days of the change. Your rejection will not affect other provisions of these Terms.
15. EHR INTEGRATION AND THIRD-PARTY SYSTEM LIABILITY
15.1 Third-Party EHR Systems
The Platform offers optional integration with third-party electronic health record (EHR) systems, including but not limited to Epic, Cerner, and Athena. You acknowledge and agree that:
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Third-Party APIs: EHR integrations rely on APIs and services operated by third-party vendors over which Scribeable has no control. We do not guarantee the availability, accuracy, or reliability of any third-party EHR system or API.
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Wrong-Patient Risk Disclaimer: While the Platform includes safeguards to match documentation to the correct patient record, you are solely responsible for verifying that all clinical documentation is associated with the correct patient before finalizing, signing, or transmitting any note or record through an EHR integration. Scribeable shall not be liable for any harm, claim, or damage arising from documentation being associated with an incorrect patient record.
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Vendor Policy Compliance: You are solely responsible for ensuring that your use of the Platform's EHR integration features complies with the applicable EHR vendor's policies, terms of use, and technical requirements. Scribeable does not guarantee that the Platform's integration features are approved or endorsed by any EHR vendor.
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Data Accuracy: Data imported from or exported to EHR systems may be subject to transformation, formatting, or transmission errors. You must verify all data exchanged between the Platform and any EHR system.
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Integration Availability: We may modify, suspend, or discontinue EHR integrations at any time due to changes in third-party vendor policies, APIs, or technical requirements, with reasonable notice when practicable.
15.2 Limitation of Liability for EHR Integration
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCRIBEABLE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THE USE OF EHR INTEGRATION FEATURES, INCLUDING BUT NOT LIMITED TO: INCORRECT DATA MAPPING, FAILED DATA TRANSMISSIONS, EHR SYSTEM DOWNTIME, THIRD-PARTY API CHANGES, OR ANY PATIENT SAFETY INCIDENTS RESULTING FROM EHR INTEGRATION ERRORS. YOUR USE OF EHR INTEGRATION FEATURES IS AT YOUR OWN RISK.
16. 21ST CENTURY CURES ACT COMPLIANCE
16.1 Anti-Information-Blocking Commitment
Scribeable is committed to compliance with the information blocking provisions of the 21st Century Cures Act (Pub. L. 114-255) and the Office of the National Coordinator for Health IT (ONC) implementing regulations at 45 CFR Part 171. We will not engage in practices that are likely to interfere with, prevent, or materially discourage the access, exchange, or use of electronic health information (EHI) except as permitted by applicable exceptions under 45 CFR Part 171.
16.2 Data Portability and Export
In furtherance of our anti-information-blocking commitment:
- We provide reasonable data export capabilities to allow you to retrieve your clinical documentation and associated data
- We support standard healthcare data formats (including but not limited to HL7 FHIR, C-CDA, and plain text) where technically feasible
- We will not impose unreasonable fees, technical barriers, or contractual restrictions that would impede the lawful access, exchange, or use of your EHI
- We will respond to data portability requests in a timely manner consistent with applicable law
16.3 Your Obligations
You acknowledge that you may have independent obligations under the 21st Century Cures Act and ONC regulations regarding information blocking. Your use of the Platform does not relieve you of those obligations. You are responsible for ensuring that your own practices comply with applicable information blocking rules.
17. GENERAL PROVISIONS
17.1 Governing Law
These Terms are governed by the laws of the State of California and applicable federal law, without regard to conflict of law principles.
17.2 Jurisdiction
Subject to the arbitration provisions in Section 14, any court proceeding shall be brought exclusively in the state or federal courts located in San Francisco County, California.
17.3 Entire Agreement
These Terms, together with the Privacy Policy, BAA (if applicable), and any other incorporated documents, constitute the entire agreement between you and Scribeable regarding the Platform and supersede all prior agreements and understandings.
17.4 Amendment
We may amend these Terms as provided in Section 2.2. No other amendment is valid unless in writing and signed by both parties.
17.5 Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.
17.6 No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
17.7 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
17.8 Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, terrorism, war, labor disputes, internet or telecommunications failures, or government actions.
17.9 Independent Contractors
You and Scribeable are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.
17.10 No Third-Party Beneficiaries
These Terms are for the benefit of you and Scribeable only. No third party has any right to enforce any provision of these Terms.
17.11 Export Controls
The Platform is subject to U.S. export control laws. You agree to comply with all applicable export and import laws and regulations.
17.12 Government Users
If you are a U.S. government entity, the Platform is a "commercial item" as defined in FAR 2.101 and is provided with only those rights as are granted to all other end users under these Terms.
17.13 Notices
All notices to us must be sent to: Scribeable, Inc. Attention: Legal Department 600 Boulevard South SW Suite 104J Huntsville, AL 35802 Email: [email protected]
All notices to you will be sent to the email address associated with your account.
Notices are effective upon receipt.
17.14 Interpretation
Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."
18. CONTACT INFORMATION
For questions about these Terms:
- Email: [email protected]
- Support: [email protected]
- Security Issues: [email protected]
- Privacy Questions: [email protected]
For technical support, please visit our support portal or contact [email protected].
ACKNOWLEDGMENT
BY CLICKING "I ACCEPT," ACCESSING, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.
Last Updated: February 5, 2026 Version: 2.0
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