Terms of Service

Last updated: July 16, 2025

1. Acceptance of Terms

By accessing or using Aiva's medical scribing service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

2. Description of Service

Aiva provides AI-powered medical scribing services that help healthcare professionals transcribe patient consultations and generate clinical documentation. Our Service includes:

• Audio recording and transcription of patient consultations
• AI-generated medical summaries and documentation
• Secure storage and management of medical records
• Integration capabilities with electronic health record (EHR) systems

3. Eligibility and Account Registration

3.1 Professional Requirements

Our Service is exclusively for licensed healthcare professionals, including:

• Licensed physicians (MD, DO)
• Nurse practitioners (NP)
• Physician assistants (PA)
• Other qualified healthcare providers

3.2 Account Responsibilities

You are responsible for:

• Providing accurate and complete registration information
• Maintaining the security of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

4. Acceptable Use

4.1 Permitted Uses

You may use our Service only for:

• Legitimate medical documentation purposes
• Recording consultations with proper patient consent
• Creating clinical notes and summaries
• Maintaining medical records in compliance with applicable laws

4.2 Prohibited Uses

You may not:

• Use the Service for any unlawful purpose
• Record patients without proper consent
• Share access credentials with unauthorized individuals
• Attempt to reverse engineer or compromise our systems
• Use the Service to store non-medical or personal information
• Violate any applicable healthcare regulations or laws

5. Patient Consent and Medical Ethics

5.1 Patient Consent Requirements

You are solely responsible for:

• Obtaining proper patient consent before recording
• Complying with local laws regarding patient consent
• Informing patients about the use of AI transcription services
• Maintaining patient confidentiality at all times

5.2 Professional Responsibility

You acknowledge that:

• You remain fully responsible for all medical decisions
• AI-generated content must be reviewed and verified
• You must comply with all applicable medical ethics standards
• Final clinical documentation is your professional responsibility

6. Data Security and HIPAA Compliance

6.1 HIPAA Business Associate Agreement

By using our Service, you acknowledge that we serve as your Business Associate under HIPAA. We agree to comply with applicable HIPAA requirements for protecting PHI.

6.2 Security Measures

We implement appropriate safeguards including:

• End-to-end encryption for all data
• Secure, HIPAA-compliant infrastructure
• Regular security audits and assessments
• Strict access controls and authentication

6.3 Data Breach Notification

In the event of a data breach involving PHI, we will notify you and relevant authorities as required by HIPAA and applicable laws.

7. Intellectual Property

7.1 Our Rights

Aiva retains all rights to:

• Our software, algorithms, and AI models
• The Aiva brand, trademarks, and logos
• Our proprietary technology and methodologies

7.2 Your Rights

You retain ownership of:

• Your medical content and patient information
• Original clinical notes and documentation
• Any modifications you make to AI-generated content

8. Service Availability and Modifications

8.1 Service Availability

While we strive for high availability, we do not guarantee uninterrupted service. We may temporarily suspend the Service for maintenance, updates, or technical issues.

8.2 Service Modifications

We reserve the right to modify, update, or discontinue features of our Service. We will provide reasonable notice of significant changes that may affect your use.

9. Disclaimers and Limitations

9.1 Medical Disclaimer

IMPORTANT: Aiva is a documentation tool only. It does not provide medical advice, diagnosis, or treatment recommendations. You are solely responsible for all clinical decisions and patient care.

9.2 AI Accuracy Disclaimer

While our AI technology is advanced, it may contain errors or inaccuracies. You must review and verify all AI-generated content before using it in patient care or official medical records.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO MEDICAL MALPRACTICE CLAIMS, DATA LOSS, OR BUSINESS INTERRUPTION.

10. Indemnification

You agree to indemnify and hold harmless Aiva from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or breach of any applicable laws or regulations.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting our support team.

11.2 Termination by Us

We may terminate your access if you:

• Violate these Terms or applicable laws
• Engage in fraudulent or harmful activities
• Fail to pay applicable fees
• Pose a security risk to our systems or other users

11.3 Effect of Termination

Upon termination, you will lose access to the Service. We will provide you with a reasonable opportunity to export your data before permanent deletion.

12. Pricing and Payment

Pricing information is available on our website. Payment terms, refund policies, and billing procedures are subject to our separate Payment Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising under these Terms will be resolved through binding arbitration in accordance with the rules of [Arbitration Organization].

14. Changes to Terms

We may modify these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use after notification constitutes acceptance of the modified Terms.

15. Contact Information

For questions about these Terms, please contact us:

16. Severability

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

17. Entire Agreement

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Aiva regarding the Service.