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Terms and Conditions for SmartNotesAI

Last Updated: January 1st, 2025

Welcome to SmartNotesAI, a product of GenMediTech. By accessing or using SmartNotesAI, you agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, please do not use SmartNotesAI.

1. Definitions

  • "SmartNotesAI" refers to the AI-powered documentation tool developed by GenMediTech.
  • "User" refers to any physician, medical professional, or entity accessing SmartNotesAI.
  • "Company" refers to GenMediTech LLC.

2. Intellectual Property Rights

  • All proprietary algorithms, models, software, and documentation generated by SmartNotesAI remain the exclusive property of GenMediTech LLC.
  • Users are granted a limited, non-exclusive, non-transferable license to use SmartNotesAI solely for clinical documentation purposes.
  • Users may not copy, reverse-engineer, distribute, or modify any part of SmartNotesAI's proprietary technology.
  • The SmartNotesAI name, logo, and branding are protected under trademark laws.

3. AI Accuracy & Medical Disclaimer

SmartNotesAI does not provide medical advice.

Clinician Review Requirement

All AI-generated notes must be reviewed and approved by a licensed clinician before being used for:

  • Billing
  • EHR submission
  • Chart documentation

This prevents risks such as:

  • Upcoding
  • Misinterpretation
  • Hallucinations
  • Incorrect clinical or coding suggestions

SmartNotesAI never auto-releases notes without clinician approval.

4. Data Privacy & Security

HIPAA Compliance

SmartNotesAI adheres to the HIPAA Privacy Rule, HIPAA Security Rule, and applicable healthcare regulations.

Business Associate Agreement (BAA)

A signed BAA is required for all customers handling PHI. A standard BAA template is available upon request.

Encryption Standards

SmartNotesAI implements:

  • AES-256 at rest
  • TLS 1.2+ in transit
  • Secure KMS-based key rotation

Security Controls

SmartNotesAI implements:

  • MFA and optional SSO/SAML
  • Unique user IDs
  • Role-based access control (clinician/coder/admin)
  • Immutable audit trails
  • Logging of all PHI access

Data Usage

SmartNotesAI does not use customer data for AI model training.

Data Residency & Retention

  • Data is stored in U.S.-based HIPAA-compliant cloud locations
  • Clients may request deletion of PHI at any time
  • Backups follow secure retention and destruction policies

5. Acceptable Use Policy (AUP)

Users may not:

  • Use SmartNotesAI for fraudulent billing, unauthorized data entry, or misleading documentation.
  • Input any non-medical, unlawful, or unethical data.
  • Attempt to manipulate or alter AI responses for misuse.

SmartNotesAI reserves the right to suspend or terminate accounts found in violation of this policy.

6. Limitation of Liability & Indemnification

  • The Company is not liable for any loss, damage, or harm arising from reliance on AI-generated content.
  • SmartNotesAI is provided "as is" without warranties of any kind, express or implied.
  • The maximum liability of the Company for any claim shall not exceed the amount paid by the user in the last 12 months.

Indemnification: Users agree to indemnify, defend, and hold harmless GenMediTech LLC, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, costs, and expenses (including legal fees) arising out of:

  • Misuse of SmartNotesAI
  • Failure to review AI-generated content before use
  • Violations of laws, regulations, or patient privacy rights

7. Third-Party Services & Integrations

  • SmartNotesAI may integrate with third-party electronic health record (EHR) systems and other medical software, including SMART on FHIR and other EHR integrations.
  • GenMediTech LLC is not responsible for any technical failures, data losses, or security breaches arising from third-party platforms.
  • Responsibility for third-party system failures remains with their provider.

8. Refunds & Cancellations

  • Users may cancel their subscription at any time, but refunds will not be issued for partial subscription periods.
  • If SmartNotesAI is discontinued, the company will provide a prorated refund for unused services.

9. Force Majeure (Acts Beyond Our Control)

GenMediTech LLC is not liable for any failure or delay in performance caused by events beyond reasonable control, including but not limited to:

  • Natural disasters (earthquakes, floods)
  • Cyberattacks or security breaches
  • Government restrictions or regulatory changes
  • Server outages or third-party system failures

10. Updates & Modifications

  • The Company reserves the right to modify, update, or discontinue any feature of SmartNotesAI at any time.
  • Users will be notified of material changes to these terms through email or platform notifications.

11. Termination & Account Suspension

  • The Company may terminate or suspend user access for violations of these Terms and Conditions.
  • Users may discontinue use of SmartNotesAI at any time without penalty.

12. Governing Law & Dispute Resolution

  • These Terms and Conditions are governed by the laws of the United States.
  • Any disputes arising from these terms shall be resolved through binding arbitration in [Insert Jurisdiction].

13. Compliance, Security & QA Requirements

To ensure safety and regulatory alignment, SmartNotesAI maintains:

Objective QA Standards

  • Regular WER, medical terminology, and coding accuracy evaluations
  • Routine regression testing before model updates
  • Clinician review workflows
  • Audit logging for all edits and submissions

Incident Response

  • Documented breach notification plan
  • Customer notification within regulatory timelines

14. Contact Information

For any questions regarding these Terms and Conditions, contact us at:

GenMediTech LLC

Email: legal@genmeditech.com

Phone: +1 914-930-6264

By using SmartNotesAI, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.