Terms - AI Charting Assistant

Last updated: April 1, 2024

Access and Use of the AI Charting Service

  • The “AI Charting Service” is an optional feature within the Service designed to provide an automated transcription of voice recordings or voice-to-text dictation made via the Service and to produce an automated summary of voice recordings. You acknowledge that the AI Charting Service may use proprietary and third-party advanced technologies, such as artificial intelligence, machine learning systems, third-party large language models (“LLMs”), and similar technology and features (together, “AI Technology”) to produce the automated transcriptions and summaries. 
  • We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and internally use the AI Charting Service solely for your internal business purposes.
  • Except as expressly permitted hereunder, you will not and will not permit or authorize any third party to: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Service; (ii) copy, distribute, modify, translate or create derivative works based on the Service; (iii) use the Service for timesharing or otherwise share the Service with, or use the Service for the benefit of, third parties; or (iv) use the Service other than as expressly permitted in Section 1.b.
  • The AI Charting Service includes access to, links to, and content and data from, third-party websites, products, and services (“External Services”). The External Services include AI Technology. These External Services links, content, and data are provided solely as a convenience to you, are not an endorsement by us of the content, recommendations, and data on or made available through such External Services, and may be subject to separate legal terms and conditions between you and third parties. The content, recommendations, and data of such External Services are developed and provided by others. In addition, the AI Charting Service permits access to content, recommendations, and data posted, stored, or displayed at the direction of users of the Service, for which we do not accept any responsibility or liability.
  • We reserve any and all right, title and interest in and to the AI Charting Service, and all improvements, modifications, updates and enhancements thereto, and derivatives thereof, including all related intellectual property rights, other than the rights expressly granted to you in these Supplemental Terms.

Feedback

You may from time to time provide or make available to us suggestions, comments, or other feedback related to the Service (including the AI Charting Service) or other of our products and services (“Feedback”). We have (a) sole discretion to determine whether and how to proceed with Feedback and (b) the full and unrestricted right to use or incorporate Feedback into any of our products and/or services.

AI Technology

  • AI Technology is new and evolving. When you use the AI Charting Service, the AI Technology will process information you make available through the AI Charting Service, such as transcriptions, and will generate and return to you content, recommendations, data, and/or other information through the AI Charting Service (“Output”). 
  • You acknowledge and agree that, in addition to the limitations and restrictions set forth in these Supplemental Terms, there are numerous limitations that apply with respect to AI Technology and the Output it generates, including that (i) it may contain errors or misleading information and may not be accurate or reliable; (ii) AI Technology is based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content; (iii) AI Technology can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense; (iv) AI Technology does not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey; (v) AI Technology can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive; (vi) AI Technology can struggle with complex tasks that require reasoning, judgment, and decision-making; (vii) AI Technology require large amounts of data to train and generate content, and the data used to train AI Technology may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output; and (viii) Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.
  • You will use independent judgement and discretion before relying on or otherwise using Output. Output is for informational purposes only and is not a substitute for advice from a qualified professional. You will not use the Output as the sole basis for any health or medical diagnostics, decisions concerning health or medical treatments, or any other health, medical, or clinical decision-making.
  • We bear no liability to you or anyone else arising from or relating to your use of AI Technology.

Privacy

You acknowledge and agree that, where applicable, we are a “processor” or “service provider” pursuant to applicable privacy and data protection laws and that we will process personal information in accordance with our Data Processing Addendum.  In the event that you are, or are entering into these Supplemental Terms on behalf of, a “covered entity” pursuant to the U.S. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), you must notify us, and you agree not to provide any “protected health information” (as defined by HIPAA) to us or input any protected health information into the AI Charting Service until will have entered into a “business associate agreement” with you in accordance with HIPAA.

Termination

We may terminate or suspend access to the AI Charting Service immediately and without notice in our sole discretion.

Disclaimer of Warranties

THE AI CHARTING SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. WE AND OUR LICENSORS DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE T&S SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. 

Limitation of Liability

REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), IN NO EVENT NEITHER WE NOR OUR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND ARISING FROM THESE SUPPLEMENTAL TERMS OR YOUR USE OF THE T&S SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous

Except as set forth in these Supplemental Terms, the Terms of Service are not modified or amended, and all such provisions of the Terms of Service will remain in full force and effect. In the event of any conflict between the terms and conditions of these Supplemental Terms and the terms and conditions of the Terms of Service, the terms and conditions of these Supplemental Terms will govern with respect to such conflict. These Supplemental Terms will be governed by, and interpreted and enforced in accordance with, the laws of the Province of Ontario and the laws of Canada, as applicable without regard to conflict-of-laws principles.

Contact Us

If you have any questions about these Supplemental Terms of Service for the AI Charting Service, please contact us at [email protected].