Terms of Service

Last Updated: November 8, 2025

These Terms of Service ("Terms") govern your access to and use of the e-MedScribe Chrome Extension and associated services (collectively, the "Service") provided by e-MedScribe ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. HIPAA and Business Associate Agreement (BAA)

This is the most important section of these Terms.

The Service is designed to process Protected Health Information ("PHI") as defined by HIPAA. You represent and warrant that you are a healthcare professional or an authorized member of a "Covered Entity" (or another "Business Associate") and are permitted to access and use the PHI you process with this Service.

A separate Business Associate Agreement (BAA) is required to use this Service. You or your organization **MUST** execute a BAA with us *before* you access or process any PHI using the Service. Use of the Service to process PHI without a valid, executed BAA is a material breach of these Terms and a violation of federal law.

2. Description of Service

The Service is an AI-powered clinical documentation tool. It reads clinical data from your active EHR (PointClickCare) session and uses generative AI to create a draft clinical note. You are solely responsible for the clinical use of this tool.

Disclaimer: AI is a Tool, Not a Medical Provider

The AI-generated notes are provided as **drafts for clinical support** and are not a substitute for your professional medical judgment. You, the licensed clinician, are **solely and entirely responsible** for:

e-MedScribe is not a medical provider and is not liable for any clinical decisions, errors, or outcomes resulting from your use of the generated content. You assume all risk associated with the use of the Service.

3. User Accounts and Responsibilities

4. Payments, Credits, and Refunds

Payments

The Service operates on a pre-paid "credit" system. You may purchase credits through our Service, which are processed by our third-party payment processor (Stripe). All payments are subject to Stripe's terms.

Reporting and Disputes

If you believe a generated note is inaccurate or of poor quality, you may report the note through the Service. Reports must be submitted within **15 days** of the note's generation.

Resolution

We will review your report in a timely manner. e-MedScribe, at its **sole discretion**, will determine if the report is valid and if a resolution is warranted. A resolution may include, but is not limited to, a full or partial refund of the credits used for that specific note. Our decision on all disputes is final.

5. Data Retention

We retain generated notes and associated processed data for a period of **60 days** from the date of creation. This 60-day window allows you to access your note history and exercise your right to report issues within the 15-day reporting period. After 60 days, this data may be permanently and securely deleted from our production systems.

6. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms or the BAA. Upon termination, your right to use the Service will cease, and we will handle any remaining PHI as specified in our BAA.

7. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, express or implied, that the Service will be accurate, reliable, error-free, or uninterrupted. You use the Service at your own risk.

8. Limitation of Liability

To the fullest extent permitted by law, e-MedScribe shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Service; (b) any errors or inaccuracies in the content generated by the Service; or (c) any unauthorized access to or use of our servers and/or any PHI stored therein.

9. Governing Law

These Terms shall be governed by the laws of the jurisdiction in which e-MedScribe is incorporated, without regard to its conflict of law provisions.

10. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Service or by email. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

11. Contact Us

If you have any questions about these Terms, please contact us at:

support@emedscribe.com