The Content:
Definitions
Agreement Between You and TBNL.
General Terms & Conditions.
Fees, Payment and Billing Services.
Platform Usage Guidelines and Disclaimers.
Privacy, PHI and Customer Data.
Business Associate Agreement.
TBNL’s Proprietary Rights.
Service Use Restrictions.
Your Content.
Feedback.
Exclusion of Warranties.
Limitation of Liability.
Indemnification.
Changes to Service.
Governing Law and Disputes.
Third Party Websites.
Miscellaneous Legal Terms.
Questions.
1. Definitions
1.1 “Customer” means the individual who establishes the Account, the Provider, and any other entity and/or person in whose name the Account is established, all of whom are agreed to be jointly and severally obligated under these Terms of Service.
1.2 “Team Member” means Customer Owner’s staff, contractors, administrators, or other service providers who are granted access to the Customer’s Account with the authorization of the Customer.
1.3 “Platform” shall mean our platform which is accessible at (https://app.doc-ai.co) and any other websites through which TBNL makes the platform available (collectively, the “Site”) with any other websites, or services provided, owned, or operated by TBNL that link to these Terms are, collectively, the “Services”.
1.4 “Applicable Laws” shall mean all laws, regulations, regulations, orders, administrative directives, treaties, conventions and / or judicial or administrative decisions of any governing body having jurisdiction over the Services, the Customer and/or the Customer’s use of the Services.
1.5 “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act and their implementing regulations as amended from time to time.
1.6 “Protected Health Information” or “PHI” means protected health information as defined by HIPAA’s Privacy Rule found at 45 C.F.R. §160.103.
2. Agreement Between You and TBNL
2.1 Please read the following Terms of Service (the “Terms”) carefully. By accessing our platform and/or by using our services including, but not limited to our TBNL Platform and TBNL Services, you acknowledge that you have read, understood and agree to be bound by these Terms, and the terms and conditions of our Privacy Policy, when using any TBNL Services (collectively, the “Services”) offered by TBNL. a company organized and existing under the laws of Estonia, or its parents, affiliates (collectively, either “TBNL“, “we”, “us” or “our”).
2.2 TBNL and Customer are each referred to in this Agreement as a “Party” and collectively as the “Parties”.
2.3 In order to use the Service you must agree to these Terms. You may agree to the terms by clicking the “I Accept” box, or by actually using our Services.
You acknowledge and agree that TBNL will treat your use of the Service as acceptance of these Terms from the time you first use the Service.
3. General Terms & Conditions
3.1 You are responsible for maintaining the security of your usage to our services. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3.2 You agree that to the extent you provide information including personal information to TBNL it will be true, accurate, current, and complete and that you will update all information as necessary. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities or the unauthorized use of images owned by others is prohibited.
3.3 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company employee or officer will result in immediate action by the company.
3.4 The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
3.5 The Company hereby grants you a non-exclusive, non-transferable, revocable, worldwide license to access and use the. All rights not expressly granted to you are reserved by TBNL.
3.6 You acknowledge that Your participation in the Service, including your creation or uploading of Content in the Service, does not make You a TBNL employee and that You do not expect to be, and will not be, compensated by TBNL for such activities, and You will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by this Agreement. There are no third party beneficiaries, intended or implied, under this Agreement.
4. Fees, Payment and Billing Services
4.1 Fixed fees. In order to benefit from the services offered by TBNL, the Customer is subject to payment of the applicable service charges, payable on a subscription basis. The Fee schedule and the available Subscription Plans are specified on our website (https://doc-ai.co) or communicated personally to the Customer. Fees are charged automatically on a recurring basis at the beginning of each month. By contracting with TBNL, the Customer agrees to pay the costs in accordance with these Conditions, and the other General Conditions in force at the time of the conclusion of the contract. The charges remain valid as long as they are indicated on the Site, or as long as the Customer’s subscription plan lasts.
4.2 Billing currency and exchange rate. The currency of invoicing will be in USD; therefore, the Customer will be billed in USD. The usage fee will be calculated based on converting the fee incurred by the Customer into USD at the exchange rate applicable at the close of business on the last business day of the quarter preceding the applicable billing date.
4.3 Taxes. Unless otherwise stated, all Charges exclude VAT and any other taxes, levies or duties imposed by the tax authorities. Unless otherwise specified in the Fee Schedule, the Customer is responsible for the payment of all applicable taxes, levies and duties, excluding local taxes based solely on the Company’s income. In addition, we are not responsible for covering Internet service fees, surcharges and other amounts incurred as a result of the Customer’s use of TBNL and the Customer is solely responsible for covering such costs.
4.4 Modification of service charges. TBNL reserves the right to change fees at its sole discretion without notice. It undertakes to systematically inform the Customer within a reasonable time. The Customer in the event of non-satisfaction has the possibility of terminating the contract within eight (8) days from the notification. If the Customer does not terminate the service contract within the time limit, he is considered to have accepted this new pricing.
4.4 Disclaimer. TBNL will not be held responsible for any expired credit / debit card, insufficient funds or other charges that the Customer has incurred due to attempted debits, or for other reasons.
4.6 Terms of payment. The Customer agrees to pay all invoices within thirty (30) days of the date of the invoice.
4.7 Means of payment. In contracting with TBNL, the Customer must provide valid credit or debit card information, and / or bank account information, and expressly agrees to authorize TBNL and / or any other company or person acting in its name, depending on the Subscription Plan and the billing frequency chosen, to carry out the monthly or annual debit of the Usage Fees as well as all other fees related to the Services.
4.8 Refunds. If despite the efforts made by TBNL to provide better service, Customers are not satisfied with the latter, and there is reason to believe that the quality of the services has been impaired by its doing, after having carefully evaluated the problem, TBNL may at its sole discretion issue partial or full refunds to Customers.
4.9 Upstream of any termination of the service contract relating to the quality of the Services provided, in order to be able to claim a refund, the Customer must contact TBNL and explain in detail the problems encountered. If after evaluation of the problem the Customer is entitled to a refund, the latter will be made using the same payment method as that used by the Customer to make the payment, unless the Customer expressly requests otherwise.
5. Platform Usage Guidelines and Disclaimers
5.1. Before utilizing our Platform to record or upload conversations with your patients, you must provide written notice to all conversation participants. Obtaining written consent from these individuals is solely your responsibility.
5.2. Our platform utilizes a thoroughly trained Language Model (LLM) artificial intelligence to analyze recorded conversations uploaded or recorded by our Customers through our Platform. Subsequently, the model generates summaries of these conversations. We have diligently trained the model to categorize the summarized notes into subjective, objective, and other relevant classifications based on the content of the recorded conversation.
5.3 While we endeavor to maintain accuracy, we cannot warrant the completeness or accuracy of the information provided by our Platform. It is incumbent upon you to ensure the correctness of the information sourced through our Platform.
5.4 We disclaim any responsibility for the quality of information disseminated through our platform. It is strongly advised to verify the information provided via our platform before initiating any actions concerning your clients or patients.
5.5 YOU ACKNOWLEDGE AND AGREE THAT TBNL ONLY PROVIDES THE PLATFORM AND DOES NOT OFFER MEDICAL ADVICE OR HEALTHCARE SERVICES.
6. Privacy, PHI and Customer Data
6.1 Privacy. We shall use your Data only as permitted by Privacy Laws, our Privacy Policy and this Agreement. You acknowledge that you have read our Privacy Policy and understand that it sets forth how we will collect, store, use and disclose your Data including personal data. If you do not agree with our Privacy Policy, then you must stop using the Services immediately. We encourage you to periodically review our Privacy Policy as it may change from time to time.
6.2 Regarding the Data you upload or submit to, or that is generated by, the Services, you confirm, declare, and guarantee that you either own or possess all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize TBNL to use, store, duplicate, and process your Data within the Service and as described in this Agreement. By uploading or submitting any Content through the Service, you automatically grant TBNL (and its affiliates) a non-exclusive, global, royalty-free, sublicensable, and transferable license to utilize, reproduce, distribute, create derivative works from, perform, and display this Data. This license is solely for the purpose of providing the Service. You agree that the license also covers the right to copy, analyze, and utilize any of Your Transaction Data as deemed necessary or desirable by TBNL for debugging, testing, support, development services, or future enhancements of the Service. This license is referred to as the “Service Data License” Furthermore, you acknowledge that the Service Data License pertaining to your content will continue even after your Account is terminated to allow TBNL: (i) to retain server copies of specific instances of Your Data, including copies stored for backup, debugging, and testing purposes; and (ii) to exercise the licenses granted in this section for any other copies or instances of the same Data not explicitly deleted from the Service.
6.3 We will not utilize PHI in any manner that is inconsistent with these Terms of Service, the BAA (as defined below), or prohibited by applicable law, such as HIPAA.
6.4 It is your duty to comply with all relevant privacy and data protection laws and ensure that you have provided all necessary notices and obtained all required consents (including third-party access) from your patients, and clients. You must also guarantee that your patients and clients have agreed to the collection and access of their Data (including PHI) by you and us. TBNL does not offer legal or compliance advice, and you must seek competent legal counsel and advisors for these matters.
6.5 You acknowledge that you bear responsibility for all information entered into the Service by you and those under your Account.
6.6 In the event that we receive a subpoena, court order, or other legal request requiring the disclosure of any Data (including PHI) belonging to your patients or clients, or any of your data or information, we will inform you about the existence of such subpoena, court order, or legal request before disclosing the PHI or other data or information, unless a court of competent jurisdiction orders us not to do so, law enforcement requests us not to do so, or our legal counsel advises that prior notification is unnecessary or in violation of applicable law.
6.7 If this Agreement is terminated due to your cancellation, breach, or as otherwise stated in these Terms of Service, the Service includes an export feature that allows you to retrieve your Data contained within the Service before the account termination date. It is solely your responsibility to export a file or files containing the Data from your Account prior to the account termination date and to securely preserve Data (including PHI) for your clients and patients.
7. Business Associate Agreement
For purposes of complying with the requirements of HIPAA to the extent applicable, You and TBNL agree to be bound by each of the terms and provisions of the TBNL Business Associate Agreement, which can be found at Link-For-BAA (the “BAA”) and which is incorporated in full by this reference. If any provision hereof is potentially or actually in conflict with the provisions of the Business Associate Agreement with respect to the treatment of Protected Health Information, the terms of the Business Associate Agreement shall prevail.
8. TBNL’s Proprietary Rights
8.1 You hereby acknowledge and agree that TBNL own all legal right, title and interest in and to the Services except your data, including, without limitation, any intellectual property or other proprietary rights which subsist in the Services (whether such rights are registered or unregistered, and wherever in the world those rights may exist). As between you and TBNL, all materials available through the Services, including, but not limited to, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, “look and feel”, and its content (except for your User Data), and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Services, are all owned by TBNL or licensors.
8.2 TBNL shall fully own and retain all rights to anonymous usage data derived from your use of the Services (“Usage Data”) as aggregated with usage data from TBNL’s other customers for its own business purposes such as support, operational planning, product innovation and sales and marketing of TBNL’s services. For purposes of clarification, such Usage Data may not include any data that could reasonably identify you.
8.3 Nothing in these Terms gives you any right to use any of TBNL’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All rights not expressly granted by TBNL under these Terms are reserved.
8.4 During, and after the termination of, your use of the Service, you will not assert, nor will you authorize or assist any third party to assert, against TBNL or any of TBNL Parties (as defined below), any patent infringement claims with respect to the Service.
9. Service Use Restrictions
9.1 You hereby represent and warrant that you will not, and will not permit any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Services or otherwise attempt to gain unauthorized access to any portion or feature of the Services, Platform, or any other systems or networks connected to the Services, or to any TBNL server, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Services or any transaction being conducted on our websites or through the Service, or with any other person’s use of the Services; (d) breach any security measures implemented on our platform or in the Service; (e) track or seek to trace any information on any other person who uses the Service; (f) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to TBNL in connection with the Service; (g) pretend that you are, or that you represent, someone else, or impersonate any other person; (h) use the Service in the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons; (i) use the Service for any illegal purpose, for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; (j) upload or otherwise process any malicious content to, or through, the Service; (k) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the any TBNL proprietary software used to provide, maintain, or otherwise applicable to, the Service, or made available to you in connection with the Service. You hereby agree that you will notify TBNL if you become aware that the Services is being used for any illegal or unauthorized purpose.
9.2 You hereby agree that you will notify TBNL if you become aware that the Services is being used for any illegal or unauthorized purpose.
10. Your Content
10.1 You hereby agree that you are solely responsible and liable for any and all information (collectively” Content”) that you store, transmit, or otherwise use in connection with the Service, and for all activities that occurs under your account, and for the consequences of your actions in connection with such Content and your use of the Service. You agree that TBNL has no responsibility to you or to any third party in connection with such Content. You are solely responsible for any losses or damage suffered by TBNL in connection with your Content. You hereby represent and warrant that you will not store or otherwise use any Content in connection with the Service that: (a) violates these Terms; (b) is defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing, or threatening in any way; (c) constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise intentionally or unintentionally violate any law, rule or regulation; (d) violates any third party’s copyright, trademark, patent, trade secret, or other personal or proprietary right; (e) invades or interferes with the rights of privacy or publicity of any person; or (f) contains a virus, malicious code or any other harmful component.
10.2 TBNL reserves the right, at any time in its sole discretion and without notice to you, to review, monitor, flag, filter, update or remove any or all Content from the Service, but TBNL has no obligation to do so. You agree to immediately take down, delete or modify any Content that is stored by you through the Service that violates these Terms or any applicable laws, rules, or regulations, including pursuant to a take down, deletion or modification request from TBNL. In the event that you elect not to comply with a request from TBNL to take down, delete or modify certain Content, TBNL reserves the right to directly take down, delete or modify such Content. TBNL assumes no liability or responsibility arising from your activities in connection with the Service, including, without limitation, Content that you store or otherwise use in connection with Service.
10.3 TBNL will not disclose any of your Content, except: (a) if you expressly authorize us to do so in connection with your use of the Service; (b) as necessary to provide the Service to you; or (c) to comply with the request of any governmental or regulatory body, subpoenas or court orders, or as otherwise required by applicable law, rule or regulation. If we receive a subpoena, court order, or other request from a governmental or regulatory body requesting the disclosure of any of your Content, we will use good faith efforts to provide you with reasonable notice to allow you to seek a protective order or other appropriate remedy (except to the extent TBNL’s compliance with the foregoing would cause it to violate a court order or other legal requirement).
11. Feedback
11.1 If you send or transmit any communications or materials to TBNL by email, or otherwise (“Feedback”), suggesting or recommending changes to our Services, including without limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such Feedback are, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that the use of such Feedback by TBNL or its agents, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way TBNL uses such Feedback.
11.2 You hereby assign all right, title, and interest in, and TBNL is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that TBNL is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
12. Exclusion of Warranties
12.1 THE SERVICESS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. TBNL, ON BEHALF OF ITSELF, AND ON BEHALF OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICES PROVIDERS, AND TBNL’S AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, (COLLECTIVELY, THE ”GOOD PARTIES”): (A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT WARRANT THAT THE SERVICES, OR DATA PROVIDED THROUGH THE SERVICESS, WILL MEET YOUR REQUIREMENTS, OR THAT ITS OPERATION WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICESS IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES.
12.2 THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND TBNL. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TBNL OR ANY PERSON ON BEHALF OF TBNL SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
12.3 NOTHING IN THESE TERMS, THIS SECTION 12, OR SECTION 13 BELOW, SHALL EXCLUDE OR LIMIT TBNL’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
13. Limitation of Liability
13.1 Unless otherwise specified, to the maximum extent permitted by applicable law, TBNL and its partners, suppliers, licensors, providers, or any of its or their directors or officers, can in no way be responsible for damages, including, but not limited to, indirect, consequential, incidental, special, punitive or other damages, arising out of or in connection with the use of the TBNL Services by the Customer. The Customer agrees not to hold TBNL responsible for any loss resulting from any event.
13.2 If, despite the foregoing, TBNL‘s liability is retained towards the Customers, and it must pay damages for any reason whatsoever and whatever the form of the action, TBNL‘s liability shall not exceed not the total of the sums paid or owed by the Customer during the twelve (12) months preceding the claim giving rise to such damages and interests.
14. Indemnification
You agrees to defend, indemnify and hold harmless TBNL, its subsidiaries, affiliates, suppliers, partners, contractors, agents, licensor, subcontractor, interns, employees, directors, officers and respective representatives, against any damage, liability, claim, demand, obligation, loss, fines, penalties and expenses, including attorneys’ fees, incurred in connection with claims made or brought by a third party arising out of or relating to unauthorized use or prohibited from the Services, violation of these Terms, any law or the rights of a third party, by the Customer, its Affiliates, employees, agents or subcontractors.
15. Changes to Service
15.1. TBNL is constantly striving to provide the best possible experience for its Service users. You acknowledge and agree that the form and nature of the Service which TBNL currently provides may change from time-to-time without prior notice to you.
Changes to the form and nature of the Service will be effective with respect to all versions of the Service. Examples of changes to the form and nature of the Service include, without limitation, changes to security patches, additional functionality, reduced functionality, and other enhancements.
15.2. The Service shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
16. Governing Law and Disputes
16.1. Governing Law. These Conditions are governed by the laws of Estonia.
16.2. Dispute resolution. The parties agree that all disputes relating to the conclusion, validity, interpretation, execution, or termination of this agreement shall be subject to amicable resolution. In the event that amicable resolution fails, the dispute will be resolved through appropriate legal channels according to the laws of Estonia.
16.3. Severability. To the extent that any provision or part of the provisions of this Agreement would be deemed illegal, void or unenforceable, this provision must be replaced by a valid and enforceable provision the effect of which would approximate as closely as possible to the expected economic effect of the provision deemed inapplicable or invalid. Therefore the other provisions will not be affected and will remain in force and enforceable.
16.4. Amendment. TBNL may at any time modify the terms of these conditions, taking into account in particular the technical and factual evolution of the regulations and technologies associated with the service. The Customer will be systematically informed by any means, and he agrees to read the new terms of the Terms of Service.
17. Third Party Websites
Our websites and Services may provide links to other websites that are not owned or operated by TBNL (“Third Party Websites”). TBNL provides these links to you as a convenience only, and TBNL does not verify, make any representations concerning, or take responsibility for, such Third Party Websites, or the products or services offered through such third party websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third Party Websites. You should use your own independent judgment before accessing and using such Third Party Websites, or products or services offered through such third party websites.
18. Miscellaneous Legal Terms
18.1. Any notice or other communications by TBNL relating to the Service may be made by e-mail or posting on our Platform, and you hereby consent to receive notices and other communications in electronic form to the extent permitted by applicable law.
18.2. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party shall be a third-party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these Terms that confers a right or remedy in favor of it.
18.3. TBNL may assign or transfer its rights, or delegate any performance, under these Terms to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms to any third party without in each and every case, TBNL’s express prior written consent.
18.4. TBNL will not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of the common enemy, earthquake, fire, flood or other acts of God, the elements, epidemics, labor conditions, power failures, and Internet disturbances.
19. Questions
If you have any questions about this website or these Terms of Service, please contact us at: info@doc-ai.co.