Terms of Service Agreement

Last Updated: Feb 18 2024

This Terms of Service Agreement (the “Agreement”) is between you and AI Health Solutions LLC, doing business as SoapnotesAI.com (“SoapnotesAI.com,” “Company,” “we,” “us,” or “our”). This Agreement governs your access to and use of our software, platform, applications, APIs, and any services provided by us (collectively, the “Services”).

Acceptance of the Agreement

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including any future modifications.

Please read these terms of use carefully. by accessing and/or using the platform, you acknowledge that you have read, understood, and agree to be legally bound by these terms of use, and the terms and conditions of our privacy policy (the “privacy policy”), which is hereby incorporated into these terms of use and made a part hereof by reference (collectively, the “agreement”). if you do not agree to any of the terms in this agreement, then please do not use the platform.

Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal information and is incorporated into this Agreement by reference.

Modifications to the Agreement

We reserve the right to modify this Agreement at any time. Such modifications will be effective immediately upon posting.

Use of the Services

You agree to use the Services only for lawful purposes and in accordance with this Agreement.

Eligibility and Registration

Use of the Services is limited to parties who can lawfully enter into and form contracts under applicable law. You may be required to register to use the Services.

Restrictions on Use

You are not permitted to use the Services in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or interfere with any other party’s use and enjoyment of the Services.

Intellectual Property Rights

The Services and all intellectual property rights therein are the property of the Company or its licensors. You are granted a non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use in accordance with this Agreement.

User Content

You may be able to submit content through the Services. You retain all rights in, and are solely responsible for, the User Content you post to the Services.

Termination

The Company may terminate your access to the Services at any time, without notice, for any reason whatsoever.

Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind, either express or implied.

Limitation of Liability

The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from the use of, or the inability to use, the Services.

Indemnification

You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses arising from or in any way connected with your access to or use of the Services or your violation of this Agreement.

Governing Law

This Agreement shall be governed by the laws of the State of [Insert State], without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising out of or related to this Agreement or the Services shall be resolved by arbitration in accordance with the rules of the American Arbitration Association.

Entire Agreement

This Agreement constitutes the entire agreement between you and the Company regarding the use of the Services, superseding any prior agreements between you and the Company regarding the Services.

Contact Information

If you have any questions about this Agreement, please contact us at Support@soapnotesai.com

Appendix I: Business Associate Agreement

This BUSINESS ASSOCIATE AGREEMENT (the “BAA”) is made and entered into by and between AI Health Solutions LLC, a company incorporated under the laws of [Incorporation State] (“Business Associate”) and a client who has entered a Terms of Service Agreement (the “Agreement”) with the Business Associate (“Covered Entity”), in accordance with the meaning given to those terms at 45 CFR §164.501. This BAA applies to the processing carried out by the Business Associate on behalf of the Covered Entity. In this BAA, Covered Entity and Business Associate are each a “Party” and, collectively, are the “Parties”.

BACKGROUND

1. Covered Entity is either a “covered entity” or “business associate” of a covered entity as defined under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended by the HITECH Act and the related regulations promulgated by HHS (collectively, “HIPAA”), and is required to comply with HIPAA’s provisions regarding the confidentiality and privacy of Protected Health Information (as defined below).
2. The Parties have entered into agreements under which Business Associate provides specified services to Covered Entity that involve access to Protected Health Information.
3. By providing services, Business Associate becomes a “business associate” of Covered Entity as defined under HIPAA.
4. Both Parties are committed to complying with federal and state laws governing the confidentiality and privacy of health information.

AGREEMENT

1. Definitions: Terms used in this BAA have meanings given in the Privacy Rule or pertinent law. Key definitions include Affiliate, Breach, Breach Notification Rule, Data Aggregation, Designated Record Set, De-Identify, Electronic PHI, Health Care Operations, HHS, HITECH Act, Individual, Privacy Rule, Protected Health Information (PHI), Security Incident, Security Rule, and Unsecured Protected Health Information.
2. Use and Disclosure of PHI: Business Associate may use or disclose PHI as necessary to perform services, manage its business, and comply with the law, ensuring any disclosure is in line with HIPAA requirements.
3. Safeguards Against Misuse of PHI: Business Associate commits to using appropriate safeguards and complying with the Security Rule to protect PHI.
4. Reporting: Business Associate will report any unauthorized use or disclosure of PHI, Security Incidents, or Breaches of Unsecured PHI to Covered Entity.
5. Subcontractors: Business Associate will ensure its agents or subcontractors agree to similar restrictions and conditions on the use and disclosure of PHI.
6. Access and Amendment of PHI: Business Associate will provide access to or amend PHI as requested by Covered Entity or as required by law.
7. Accounting of Disclosures: Business Associate will document and make available information related to disclosures of PHI as required for compliance with HIPAA.
8. Audit and Inspection: Business Associate will make its internal practices, books, and records available to the Secretary of HHS for compliance purposes.
9. Obligations of Covered Entity: Covered Entity will notify Business Associate of any privacy practices, changes, or restrictions that may affect Business Associate’s use or disclosure of PHI.
10. Term and Termination: This BAA is effective as of the Agreement’s date and continues until all obligations are met or until termination under specified conditions.
11. Miscellaneous: Includes provisions on regulatory references, notices, amendments, and the relationship between this BAA and the main Agreement.

All notices under this BAA should be sent to the designated email or physical address specified by each Party.

This BAA is intended to ensure both Parties comply with HIPAA and protect the privacy and security of PHI, reflecting the mutual commitment of AI Health Solutions LLC and its clients to uphold these standards.