Terms of Service

You represent and warrant that you are a licensed healthcare professional or authorized to use clinical documentation tools in your professional capacity. You agree to use the Service solely for legitimate healthcare documentation purposes.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable laws or regulations
• Input false, misleading, or fabricated patient information
• Attempt to reverse engineer, decompile, or otherwise derive source code from the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Share your account credentials with unauthorized individuals
• Use the Service to generate documentation for patients you are not authorized to treat
• Transmit any viruses, malware, or other malicious code

We understand the critical importance of protecting patient privacy and maintaining compliance with the Health Insurance Portability and Accountability Act (HIPAA). Our Service is designed and operated in accordance with HIPAA requirements for handling Protected Health Information (PHI).

Where applicable, we will enter into a Business Associate Agreement (BAA) with covered entities as required under HIPAA. The BAA will govern our handling of PHI and establish additional safeguards and responsibilities.

You acknowledge and agree that you are solely responsible for ensuring that your use of the Service complies with all applicable healthcare regulations, professional standards, and institutional policies. This includes but is not limited to:

• Obtaining proper patient consent for documentation activities
• Ensuring all generated documentation is reviewed and verified before use
• Maintaining appropriate clinical judgment and oversight
• Complying with your organization's privacy and security policies

Our Service utilizes artificial intelligence to assist with documentation generation. This AI is designed to support, not replace, clinical judgment and professional decision-making. All AI-generated content is provided as suggestions only.

You acknowledge and agree that:

• You retain full professional responsibility for all clinical decisions and documentation
• All AI-generated content must be reviewed, verified, and approved by you before use
• The Service does not provide medical advice, diagnosis, or treatment recommendations
• You will not rely solely on AI-generated content for clinical decision-making
• You will maintain appropriate clinical oversight and professional judgment at all times

While we strive for accuracy, you acknowledge and understand that artificial intelligence operates on probabilistic models and machine learning algorithms that are inherently imperfect. AI-generated content may contain inaccuracies, omissions, biases, or errors that could affect clinical documentation and patient care.

The probabilistic nature of AI means that similar inputs may produce different outputs, and the AI may make assumptions or inferences that are not clinically sound. We cannot and do not guarantee that AI-generated content is error-free, complete, clinically appropriate, or suitable for all situations.

You are solely responsible for:

• Thoroughly reviewing all AI-generated content for accuracy and completeness
• Verifying that generated documentation accurately reflects your clinical observations and judgment
• Ensuring that all content meets applicable medical, legal, and professional standards
• Understanding that AI output is not a substitute for professional clinical expertise

By using this Service, you explicitly acknowledge the limitations and probabilistic nature of AI technology and agree to exercise appropriate clinical judgment and oversight in all circumstances.

We implement industry-standard security measures to protect your data and any patient information processed through our Service. This includes encryption in transit and at rest, access controls, and regular security assessments.

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our data practices.

We collect and process only the minimum amount of data necessary to provide the Service. We encourage users to follow data minimization principles when inputting patient information.

The Service, including all software, algorithms, user interfaces, and documentation, is owned by SOAP-E and protected by intellectual property laws. Your use of the Service does not grant you any ownership rights in the Service.

You retain ownership of all data you input into the Service, including clinical observations and patient information. However, you grant us a limited license to process this data solely for the purpose of providing the Service to you.

Documentation generated by the Service using your input data is owned by you. However, we retain rights to the underlying AI models, algorithms, and processes used to generate such content.

Access to certain features of the Service may require payment of subscription fees. All fees are non-refundable except as specifically provided below or as required by applicable law.

Notwithstanding the general non-refundable policy, you may be entitled to a refund in the following circumstances:

• Billing errors: If we have incorrectly charged you due to a technical error or administrative mistake
• Service outages: If the Service is unavailable for more than 48 consecutive hours due to issues within our control, you may be entitled to a prorated refund
• Statutory rights: Where consumer protection laws in your jurisdiction provide mandatory refund rights that cannot be waived
• Involuntary termination: If we terminate your account for reasons other than breach of these Terms
• Material service changes: If we make material changes to the Service that substantially reduce its functionality within 30 days of payment

Refund requests must be submitted within 30 days of the billing event and will be reviewed on a case-by-case basis. Approved refunds will be processed using the original payment method within 10 business days.

Subscription fees are billed in advance on a recurring basis. Your subscription will automatically renew unless you cancel before the renewal date. You are responsible for maintaining current payment information.

We reserve the right to modify our fees with reasonable advance notice. Continued use of the Service after fee changes constitute acceptance of the new fees.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

THE SERVICE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALL CLINICAL DECISIONS MUST BE MADE BY QUALIFIED HEALTHCARE PROFESSIONALS USING THEIR PROFESSIONAL JUDGMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOAP-E 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 YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

You may terminate your account at any time by following the account closure process in the Service or by contacting us directly.

We may terminate or suspend your access to the Service immediately, without prior notice, for any breach of these Terms or for any other reason at our sole discretion.

Upon termination, your right to use the Service will cease immediately. We will make reasonable efforts to provide you with access to your data for a limited period following termination, subject to applicable laws and regulations.

You must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher, to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

You represent and warrant that you have the full legal capacity to enter into these Terms and that you are not prohibited from using the Service under any applicable laws or regulations in your jurisdiction.

In addition to meeting age requirements, you must also be a licensed healthcare professional or otherwise legally authorized to access and use clinical documentation tools in your professional capacity.

Neither party shall be liable for any failure or delay in performance under these Terms that results from circumstances beyond their reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires, or severe weather conditions
• War, terrorism, civil unrest, riots, or acts of government authorities
• Pandemic, epidemic, or public health emergencies
• Labor disputes, strikes, or lockouts
• Internet outages, telecommunications failures, or cyber attacks
• Failure of third-party services, utilities, or infrastructure
• Government regulations, sanctions, or legal restrictions
• Supply chain disruptions or material shortages

The affected party must promptly notify the other party of any force majeure event and use reasonable efforts to mitigate the impact and resume performance as soon as reasonably possible.

If a force majeure event continues for more than 90 consecutive days, either party may terminate these Terms by providing written notice to the other party. In such cases, you may be entitled to a prorated refund of any prepaid fees for services not yet provided.

These Terms shall be governed by and construed in accordance with the laws of North Carolina, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations or breaches of confidentiality.

You agree that disputes will be resolved individually and not as part of a class action or collective proceeding.

These Terms, together with our Privacy Policy and any applicable Business Associate Agreement, constitute the entire agreement between you and SOAP-E regarding the Service.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

If you have questions about these Terms, please contact us at support@soap-e.com.