Terms of Service

1. Acceptance of Terms

By accessing or using CareTicks solutions ("Services"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Services.

2. Service Description

CareTicks provides AI-assisted clinical documentation and patient engagement tools designed to support healthcare facilities. Our Services include:

• ReclaimMD: AI-assisted documentation tool for clinical encounters
• ReadyVisit: Pre-visit data collection and patient engagement platform

3. User Responsibilities

3.1 Clinical Responsibility & Documentation Verification

• Complete Verification: Review every word, diagnosis, medication, dosage, instruction, and clinical detail in AI-generated documentation for accuracy and completeness
• Clinical Judgment: All diagnoses, treatment plans, medication orders, and clinical decisions must be based on professional medical judgment, not AI suggestions
• Documentation Accuracy: Ensure all clinical documentation meets professional standards, accurately reflects patient encounters, and complies with medical records requirements
• Patient Safety: Identify and correct any AI errors that could impact patient safety, treatment, or care quality
• Professional Standards: Maintain compliance with medical board requirements, professional licensing standards, and standards of care
• Legal Accountability: Healthcare providers remain legally liable for all clinical documentation and patient care decisions, regardless of AI assistance used

3.2 Patient Consent

• Facilities must obtain appropriate patient consent before recording clinical conversations
• Facilities are responsible for compliance with state and local consent laws
• Patients must be informed about AI-assisted documentation and data collection

3.3 Regulatory Compliance

Customers are responsible for ensuring their use of CareTicks complies with all applicable laws, regulations, and professional standards, including but not limited to HIPAA, state privacy laws, medical board requirements, and payer documentation standards.

4. Data Privacy & Security

4.1 HIPAA Compliance

• CareTicks functions as a Business Associate under HIPAA
• A Business Associate Agreement (BAA) is required before processing Protected Health Information (PHI)
• Customers remain the Covered Entity with primary HIPAA obligations

4.2 Data Security

• We implement administrative, physical, and technical safeguards to protect PHI
• All data is encrypted in transit and at rest using industry-standard AES-256 encryption
• Regular security audits and penetration testing are performed
• Incident response procedures are in place

4.3 Data Usage

• Patient data is used solely to provide Services to customers
• We do not sell patient data to third parties
• De-identified data may be used for system improvement with appropriate safeguards
• See Privacy Policy for complete data handling practices

5. Limitations and Disclaimers

5.1 No Warranties

5.2 AI Technology Limitations & Risks

Users acknowledge and accept that:

• Errors & Hallucinations: AI may generate factually incorrect information, fabricate details, misinterpret context, or produce medically inappropriate suggestions
• Incomplete Documentation: AI may omit critical clinical information, miss important patient statements, or fail to capture all relevant details
• Misinterpretation: AI may misunderstand medical terminology, mishear patient statements, or incorrectly parse clinical information
• Inconsistent Performance: Accuracy varies based on audio quality, background noise, accents, speaking pace, medical specialty, terminology complexity, and other factors
• No Clinical Expertise: AI lacks medical training, clinical judgment, contextual understanding, patient relationship knowledge, or ability to assess clinical significance
• Technology Limitations: Current AI technology cannot match human clinical expertise and should only be used as a documentation assistance tool

5.3 Not Medical Advice or Diagnosis

CareTicks does not:

• Provide medical advice, diagnosis, or treatment recommendations
• Replace the professional judgment of licensed healthcare providers
• Constitute a medical device requiring FDA approval
• Make clinical decisions or determinations

6. Limitation of Liability

7. Professional Liability

• Healthcare providers using CareTicks maintain full professional liability for patient care, clinical decisions, documentation accuracy, compliance with medical board requirements, and adherence to professional standards of care
• CareTicks is not liable for clinical errors, documentation deficiencies, or adverse patient outcomes resulting from use of the Services
• Customers should maintain appropriate professional liability insurance coverage

8. Indemnification

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

• Your use or misuse of the Services
• Clinical documentation errors or patient care decisions
• Failure to review, verify, or correct AI-generated content
• Violation of these Terms or applicable laws/regulations
• Professional malpractice or negligence claims
• Breach of patient privacy or confidentiality
• Unauthorized disclosure of protected health information

9. Governing Law & Dispute Resolution

9.1 Governing Law

These Terms are governed by the laws of [State/Jurisdiction to be specified], without regard to conflict of law provisions. For international customers, local laws may also apply.

9.2 Dispute Resolution

Any disputes arising from these Terms or use of Services shall be resolved through:

• Good faith negotiation between parties
• If unresolved, binding arbitration under [Arbitration Rules to be specified]
• Arbitration location: [Location to be specified]
• Exception: Either party may seek injunctive relief in court for IP or confidentiality violations

9.3 Class Action Waiver

You agree that disputes will be resolved individually, not as part of a class action, consolidated action, or representative action.

10. Modifications to Terms

CareTicks reserves the right to modify these Terms at any time. Material changes will be communicated via email or through the Services at least 30 days before taking effect. Continued use after changes constitutes acceptance of modified Terms.

11. Severability & Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions continue in full effect. These Terms, together with the Privacy Policy and any executed service agreements, constitute the entire agreement between you and CareTicks.

12. Contact Information

For questions about these Terms: