Terms and Conditions

1. Acceptance of Terms

Welcome to Atibba. By accessing or using our AI-powered medical scribing and healthcare platform (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you ("you," "your," or "User") and Atibba Medical Scribing ("Atibba," "we," "our," or "us").

2. Service Description

Atibba provides an AI-powered healthcare platform that includes:

• Medical transcription and dictation services
• Automated SOAP note generation
• After-visit summary creation
• Appointment booking and front desk automation
• Patient triage assessment
• Chronic care management tools
• Patient communication features
• Clinical documentation templates

The Service is designed to assist healthcare professionals in documentation and administrative tasks. It is not a substitute for professional medical judgment or diagnosis.

3. User Eligibility and Account Registration

3.1 Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Be a licensed healthcare professional or authorized staff member
• Have the legal authority to enter into this agreement
• Comply with all applicable healthcare regulations in your jurisdiction

3.2 Account Registration

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Promptly update your account information as needed
• Immediately notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

4. Professional Responsibility and Use of Service

4.1 Healthcare Professional Responsibility

You acknowledge and agree that:

• The Service is a documentation tool and does not replace clinical judgment
• You are solely responsible for reviewing, verifying, and validating all AI-generated content
• You maintain full responsibility for all clinical decisions and patient care
• You must ensure compliance with all applicable medical standards and regulations
• AI-generated content should be reviewed for accuracy before use in patient care

4.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates applicable laws or regulations
• Violate HIPAA, HITECH, or other healthcare privacy laws
• Share your account credentials with unauthorized individuals
• Attempt to gain unauthorized access to the Service or related systems
• Transmit viruses, malware, or other malicious code
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to compete with Atibba or develop similar products
• Remove or obscure any proprietary notices or labels

5. HIPAA Compliance and Business Associate Agreement

Atibba is a HIPAA-compliant platform and acts as a Business Associate to covered entities using our Service. By using the Service, you agree to the terms of our Business Associate Agreement (BAA), which is incorporated by reference into these Terms.

We will:

• Implement appropriate safeguards to protect PHI
• Report any security incidents or breaches as required by law
• Ensure our subcontractors comply with HIPAA requirements
• Make PHI available for amendment and accounting of disclosures
• Return or destroy PHI upon termination of service, where feasible

6. Intellectual Property Rights

6.1 Atibba's Intellectual Property

The Service, including all software, algorithms, designs, trademarks, and content, is owned by Atibba and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

6.2 Your Content

You retain all rights to the medical content and patient data you input into the Service. By using the Service, you grant us a limited license to process this data solely to provide the Service and improve our AI models (using only de-identified data).

7. Fees and Payment

7.1 Subscription Fees

Access to the Service requires a paid subscription. Current pricing is available on our website. You agree to pay all fees associated with your subscription plan.

7.2 Payment Terms

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• You authorize us to charge your payment method automatically
• We may change our fees with 30 days' advance notice
• Failure to pay may result in suspension or termination of access

8. Free Trial

We may offer a free trial period for new users. During the trial:

• You have full access to Service features
• You must provide payment information before the trial ends
• Your subscription will automatically begin after the trial unless you cancel
• We reserve the right to modify or discontinue free trials at any time

9. Service Availability and Support

9.1 Service Availability

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance (with advance notice)
• Emergency maintenance
• Force majeure events
• Third-party service failures

9.2 Customer Support

We provide technical support via email, chat, and phone during business hours. Enterprise customers receive priority support with guaranteed response times.

10. Data Security and Breach Notification

We implement industry-standard security measures to protect your data. In the event of a data breach affecting PHI, we will:

• Notify you within 24 hours of discovery
• Provide details of the breach as required by HIPAA
• Take immediate steps to mitigate harm
• Cooperate with required breach notifications to patients and regulators

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• ATIBBA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR ANY CLINICAL DECISIONS MADE USING THE SERVICE
• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Atibba and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Clinical decisions made using the Service
• Any claim that your use of the Service infringes third-party rights

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination, you will lose access to the Service at the end of your current billing period.

13.2 Termination by Us

We may suspend or terminate your access immediately if:

• You violate these Terms
• You fail to pay required fees
• Your use of the Service poses a security risk
• We are required to do so by law

13.3 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• You may export your data within 30 days
• We will delete or de-identify your data in accordance with our retention policy
• Sections of these Terms that by their nature should survive will remain in effect

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting updated Terms on our website
• Sending email notification to your registered email address
• Providing in-app notifications

Continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal claim, you agree to contact us at legal@atibba.com to seek informal resolution of any dispute.

15.2 Arbitration

Any disputes not resolved informally will be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law.

15.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

16. General Provisions

16.1 Governing Law

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

16.2 Entire Agreement

These Terms, along with our Privacy Policy and Business Associate Agreement, constitute the entire agreement between you and Atibba.

16.3 Severability

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

16.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

17. Contact Information

For questions about these Terms, please contact us: