1. Introduction & acceptance
These Terms of Use are a legal agreement between you and VirtualScribe, Inc. governing access to and use of the SaaS platform (web and/or mobile). By using the Platform you agree to be legally bound by these Terms and the Privacy Policy.
PLEASE READ 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 Privacy Policy, which is incorporated by reference. If you accept the Agreement on behalf of a company, you represent you have authority to bind that entity.
We may modify the Platform or these Terms at any time by posting updates on the Platform. Your continued use constitutes acceptance of the modified Terms.
2. Right to access and use the Platform
Limited, non-exclusive, non-transferable, non-sublicensable, revocable right to authorize your Authorized Users to access and use the Platform for internal business purposes.
- Do not reverse engineer, decompile, disassemble, or attempt to derive source code.
- Do not modify, copy, resell, distribute, or sublicense the Platform or use it to build a competing service.
- Do not upload harmful code or circumvent security/usage safeguards.
- Do not operate the Platform for third parties (service bureau/timeshare).
4. Trials
Limited free trial for evaluation only; no warranty, indemnity, support, or liability during trial.
During the trial you may not use the Platform for competitive analysis or commercial/professional purposes. VirtualScribe may terminate trial access at any time.
5. Browser extension terms
Additional terms (Schedule B) apply to the Chrome extension that integrates with your EHR.
- Extension terms are in addition to these Terms; in case of conflict for extension use, the extension terms control.
- You must not permit non-Authorized Users to use the extension or engage in prohibited actions (reverse engineering, copying, reselling, harmful code, etc.).
- The extension is provided “as is” without warranties; liability for extension use is disclaimed to the extent permitted by law.
6. Use of personal information
Your transmission of personal information is governed by the Privacy Policy.
Policies for collection and use of personal information are set forth in the Privacy Policy, incorporated by reference.
7. Ownership of Platform content
Platform content (excluding Your Data) is owned by VirtualScribe or its licensors and protected by law; no rights granted except as permitted under these Terms.
- You must retain proprietary notices on any permitted copies.
- You may not make derivative works, public displays, or commercial uses of the Content.
- Use of trademarks and logos requires prior written permission.
8. Your Data, Usage Data, De-identified/Aggregate Data, and Output
You own Your Data and Output. VirtualScribe may use Your Data to operate and improve the Platform (including AI/ML training with your consent) and may use De-identified and Aggregate Data.
- “Your Data” includes Medical Records, Patient Recordings, Authorized User info, Voice ID, and Output.
- VirtualScribe processes PHI under a Business Associate Agreement (Schedule A).
- With opt-in, “Learned Output” and Voice ID may be retained/used to customize and improve accuracy.
9. Retention of Your Data and Patient Recordings
You control retention via settings: delete immediately after processing or retain for 30 days or for the term. Backups may persist for ~7 additional days.
You are responsible for the retention options you select. If 30-day retention is chosen, data will be deleted after that period (subject to backup deletion windows).
10. Fees & subscriptions
Monthly or annual subscriptions billed via a third-party processor; autorenew until canceled; no refunds of prepaid amounts.
- Keep billing info current; recurring charges continue until you cancel.
- Change or terminate via the billing page or email; use continues until period end.
- Non-payment may result in suspension/termination.
11. Platform rules
Prohibited uses include unlawful activity, competitive data collection, and posting infringing/defamatory/obscene content or sensitive personal data of others.
- No scraping/market research for competing businesses.
- No posting of IP-infringing or hateful/violent content.
- Do not disclose others’ sensitive personal information.
12. Binding arbitration
Disputes are subject to binding arbitration under JAMS rules; parties may seek provisional remedies in court.
Arbitration may occur in person, by documents, phone, or online; if in person, it occurs in the U.S. county where you reside. Parties may litigate to compel or confirm arbitration awards.
13. Class action waiver
Disputes may be brought only in an individual capacity; no class, consolidated, or representative proceedings.
You agree to bring claims only on an individual basis.
14. Equitable relief
In case of threatened IP or confidentiality breach, VirtualScribe may seek injunctive relief.
VirtualScribe may seek interim/equitable relief from courts in California to protect proprietary rights.
15. Controlling law; exclusive forum
California law governs; exclusive jurisdiction lies in California state and federal courts.
Parties consent to exclusive jurisdiction in California and waive objections such as improper venue or inconvenient forum.
16. Miscellaneous
Assignment restrictions, non-waiver, entire agreement, headings for convenience, and benefit to successors/assigns.
Except as agreed in writing, this Agreement is the entire agreement and supersedes prior agreements on the subject matter.