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We hope you love using ExpertAI. Before you do, please read these Terms of Service carefully.
These Terms of Service are between you and Expert Consultancy Corporation, or "Expert AI," "we" or "us," a company registered in Delaware with its registered address at 251 Little Falls Drive, Wilmington, DE 19808, regarding your access to and use of the healthcare transcription, data analysis and communication website and/or app (together, referred to herein as the "App"), https://experthealth.ai/, our related networks, applications, mobile applications and any other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and ExpertAI regarding your use of the Service. As used herein, "you" or "your" means any entity, university, organization, or company accessing or using the Service ("Organization") as well as any individual end user accessing and using the Service, as applicable and hereby agreeing to these Terms.
BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING EXPERTAI'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND EXPERTAI'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY EXPERTAI AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 19, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND EXPERTAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 19.).
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an Organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
The Service enables users to record voice conversations during healthcare appointments, medical treatments and similar scenarios and transform them into transcribed notes that can be searched, edited, analyzed and shared. ExpertAI is not a healthcare provider. In providing the Service, ExpertAI's role is limited to making certain technological and related services available to healthcare professionals, their colleagues and related third parties who may independently provide services to patients. ExpertAI is not responsible for such healthcare providers' acts or omissions, or for any content of patients' or third parties' communications with them. ExpertAI is independent of any healthcare providers or patients and does not employ or otherwise exercise any control over the services provided by healthcare providers, regardless of whether they utilize the Service. Further, ExpertAI has no control over, and assumes no responsibility for, the content, availability, suitability, accuracy, quality, security, legality, reliability, privacy policies, or practices offered or statements made by a third party, whether a healthcare provider, patient or anyone else. When you use the Service, we encourage you to read the terms and conditions and privacy policy of any applicable third-party provider(s).
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an Organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, or other contact information. For Organizations, if you wish to designate individual users to access and use the Service under your account (such users, "Authorized Users"), you may also be required to provide us with some information about such Authorized Users. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times, and that you have all necessary rights and approvals to provide such information. When you register, you will be asked to provide a password. You are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at contact@experthealth.ai
You are responsible for: (i) identifying and authenticating all of your Authorized Users (ii) approving access by your Authorized Users to the Service and designating appropriate access controls in connection with your account, (iii) controlling against unauthorized access by your Authorized Users, and (iv) all activities that occur under your Authorized Users' usernames, passwords or accounts as a result of your Authorized Users' access and use of the Service.
If you received your credentials to access and use the Service (including certain features thereof) from your Organization or otherwise are accessing the Service under your Organization's account, you acknowledge and agree that your access to the Service as provided by your Organization is subject to the agreement between ExpertAI and your Organization with respect to the Service. You also acknowledge that your Organization may terminate the access to the Service that they provide to you at any time. ExpertAI will have no liability to you in connection with any such removal or termination.
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have the opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
ExpertAI reserves the right to determine pricing for the Service. ExpertAI will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. ExpertAI may change the fees for any feature of the Service, including additional fees or charges, if ExpertAI gives you advance notice of changes before they apply.
The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize ExpertAI or its third-party payment processors or Apple or Google if you subscribed directly through the mobile application to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums, including all accrued sums for your Authorized Users. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account.
Subject to your complete and ongoing compliance with these Terms, ExpertAI grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that you own or control; and (b) access and use the Service.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (d) access or use the Service in violation of any usage restrictions or other limitations associated with the level of Service you (or your Organization) have selected to access and purchased, if applicable.
The Service is owned and operated by ExpertAI. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service ("Materials") provided by ExpertAI are protected by intellectual property and other laws. All Materials included in the Service are the property of ExpertAI or its third-party licensors. Except as expressly authorized by ExpertAI, you may not make use of the Materials. ExpertAI reserves all rights to the Materials not granted expressly in these Terms.
Certain features of the Service may permit users to upload content to the Service, including voice recordings, audio recordings, data, text, photographs, and other types of works ("User Content"), and to otherwise publish User Content on the Service. As between you and ExpertAI, you retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
The Service may provide a feature that allows you to record individual conversations and/or upload recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location. You acknowledge and agree that you are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any recordings as required under applicable law.
BY USING THE SERVICE YOU AGREE NOT TO:
• use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• use the Service or any portion thereof for the direct or indirect benefit of any third parties;
• use the Service in connection with any direct or indirect commercial purposes, including in connection with any paid transcription workflow or as a value-added component of a commercial product or service;
• harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
• violate, or encourage others to violate, any right of a third party (including by act or omission), including by infringing or misappropriating any third party intellectual property or proprietary right;
• interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
• sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Expert Consultancy Corporation
contact@experthealth.ai
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Service; (d) your address, telephone number, and email address.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 10.2.
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, ExpertAI may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at contact@experthealth.ai
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify ExpertAI and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "ExpertAI Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right.
THE SERVICE AND ALL MATERIALS AND CONTENT AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. EXPERTAI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EXPERTAI DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE (OR YOUR ACCESS THERETO), OR ANY DATA, MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. EXPERTAI MAKES NO WARRANTY ABOUT THE COMPLETENESS OR ACCURACY OF THE TRANSCRIPTION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EXPERTAI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EXPERTAI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE EXPERTAI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO EXPERTAI FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
In the interest of resolving disputes between you and ExpertAI in the most expedient and cost effective manner, you and ExpertAI agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EXPERTAI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
You acknowledge and agree that any User Content, data, recordings, and information you enter into or upload to the Service or that we collect in connection with the Service ("Data") will be processed as described in the ExpertAI Privacy Policy. Please read the Privacy Policy carefully.
You are solely responsible for complying with any privacy and data protection laws and regulations applicable to Data or your use of the Service, including without limitation the Health Insurance Portability and Accountability Act, as amended by the Health Information Technology for Economic and Clinical Health Act (collectively, "HIPAA"), including obtaining all rights and permissions required in order to provide the data and voice recordings under these Terms.
ExpertAI and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may be used for two factor authentication. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier and ExpertAI is not responsible for these charges.
We may send you emails in the course of delivering the service to notify when User Content has been processed, shared with you or for other operational purposes. We may also send emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and ExpertAI submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Michigan for resolution of any lawsuit or court proceeding permitted under these Terms.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and ExpertAI regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
The Service is offered by Expert Consultancy Corporation. You may contact us by emailing us at contact@experthealth.ai
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.