Terms and Conditions

1. Acceptance of Terms

By creating an account or using Clinote ("the Service"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use the Service.

These terms constitute a legally binding agreement between you and Clinote ("we", "us", "our"), a service operated from New Zealand. By accessing or using the Service you confirm that you are at least 18 years of age and have the legal capacity to enter into this agreement.

2. Description of Service

Clinote is an AI-assisted clinical documentation tool that allows healthcare professionals to record consultations and receive automatically generated clinical notes in a variety of formats including SOAP, SBAR, APSO, DAP, BIRP, DAR, PIE, and custom templates.

The Service uses third-party AI providers including OpenAI to perform audio transcription and generate clinical documentation. The Service is intended as a productivity aid for qualified healthcare professionals and is not a substitute for professional clinical judgement.

We reserve the right to modify, suspend, or discontinue the Service at any time with reasonable notice where practicable.

3. AI-Generated Content Disclaimer

Clinote uses large language model AI technology to generate clinical documentation from audio transcriptions. While we strive to provide a useful and accurate tool, you must understand and accept the following:

AI limitations

• AI-generated notes may contain errors, omissions, misinterpretations, hallucinations, or medically inaccurate information.
• The AI may misidentify symptoms, medication names, dosages, diagnoses, or clinical findings.
• Transcription of audio may be inaccurate, particularly where accents, medical terminology, background noise, or unclear speech is involved.
• Generated notes may not fully capture the clinical context, nuance, or complexity of a consultation.
• The AI does not have access to patient records, history, or any clinical system and cannot incorporate that context unless explicitly stated in the recording.

Your obligations regarding AI output

• You must read, verify, and edit every AI-generated note before incorporating it into any patient record, referral, report, or other clinical document.
• You accept sole professional responsibility for any clinical note you use, whether edited or not, regardless of whether it originated from Clinote.
• You must not rely on Clinote as a substitute for your own professional judgement, clinical knowledge, or examination findings.
• You must ensure that use of Clinote complies with your professional body's standards, registration conditions, and any obligations under your employer or practice.

No clinical advice

Clinote does not provide medical advice, diagnosis, or treatment recommendations. Output generated by the Service is a documentation tool only and should never be interpreted as a clinical opinion or recommendation.

4. User Accounts

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect unauthorised access to your account.

You must provide accurate and truthful information when creating your account. We reserve the right to suspend or terminate accounts where false information has been provided.

Accounts are for individual use only. You must not share your login credentials with others. Organisation plans are available for multi-user access at a practice or facility level.

5. Acceptable Use

You agree to use Clinote only for lawful purposes and in a manner consistent with these terms. You must not:

• Record or upload audio of consultations without obtaining any consents required by applicable law or professional standards.
• Use the Service to process information about individuals without a lawful basis for doing so under the Privacy Act 2020 (NZ) or other applicable privacy legislation.
• Attempt to reverse-engineer, scrape, or extract data from the Service.
• Use the Service for any purpose that violates New Zealand law or the law of your jurisdiction.
• Upload audio containing content that is abusive, threatening, or unlawful.
• Attempt to circumvent the subscription limits or access controls of the Service.
• Use the Service to generate documentation that you know to be false or fraudulent.

6. Data Storage and Retention

What we store

• Audio files: Uploaded or recorded audio is stored temporarily on our servers solely for the purpose of transcription. It is deleted automatically within 24 hours and never shared with any party other than our transcription provider (OpenAI).
• Transcriptions: The text transcription of your consultation is stored temporarily and deleted after 24 hours.
• Generated notes: Clinical notes generated by the Service are stored and accessible in your account until the 24-hour automatic deletion window expires, or until you manually delete them.
• Account data: Your name, email address, and encrypted password are retained for as long as you maintain an account with us.
• Billing data: We store a Stripe customer ID and payment method token to facilitate recurring billing. We do not store your full card number, CVV, or card expiry date. These are held securely by Stripe.
• Usage data: We retain basic usage logs for billing, abuse prevention, and service improvement purposes.

Third-party data processing

Audio and transcription data is processed by OpenAI's API in the course of providing the Service. By using Clinote you acknowledge this processing. We recommend reviewing OpenAI's privacy policy and data processing terms. We do not sell your data to any third party.

Patient information

You are responsible for ensuring that any patient information included in recordings or generated notes is handled in compliance with the Health Information Privacy Code 2020 and the Privacy Act 2020. We recommend avoiding the use of patient names or identifiers in recordings wherever possible, and using reference numbers or initials instead.

7. Payment and Subscriptions

Paid plans are billed monthly in New Zealand Dollars (NZD) inclusive of GST at 15%. Billing occurs on the date of subscription and on the same date each subsequent month.

Payments are processed via Stripe. By providing payment details you authorise us to charge your nominated card on a recurring monthly basis until you cancel your subscription.

Subscriptions may be cancelled at any time. Cancellation takes effect immediately and your plan reverts to the Free tier. No partial refunds are issued for the remainder of any billing period already paid.

We reserve the right to change pricing with at least 30 days notice. Continued use of a paid plan after a price change constitutes acceptance of the new pricing.

If a payment fails, we will retry your card for up to 3 attempts on consecutive days before cancelling your subscription and reverting your account to the Free plan.

8. Limitation of Liability

To the maximum extent permitted by New Zealand law:

• Clinote is provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of accuracy, fitness for a particular purpose, or non-infringement.
• We are not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of or reliance on AI-generated notes, transcriptions, or any other output of the Service.
• We are not liable for any clinical error, adverse patient outcome, regulatory sanction, professional disciplinary action, or legal liability arising from notes generated by or edited using Clinote.
• We are not liable for any loss of data, including but not limited to consultation recordings, transcriptions, or notes, whether caused by system failure, the 24-hour automatic deletion policy, or any other reason.
• Our total liability to you for any claim arising from your use of the Service shall not exceed the total amount paid by you to Clinote in the three months preceding the claim.

Nothing in these terms limits liability for death or personal injury caused by our negligence, or for fraud, or for any other liability that cannot be excluded under New Zealand law including the Consumer Guarantees Act 1993 where applicable.

9. Healthcare Professional Obligations

By using Clinote you confirm that you are a registered or otherwise qualified healthcare professional, student, or administrative staff member acting within a healthcare context. You acknowledge that:

• You remain solely responsible for the accuracy, completeness, and appropriateness of any clinical documentation, whether or not it was created with the assistance of Clinote.
• Use of AI-assisted documentation tools may be subject to requirements from your professional registration body, employer, and applicable legislation. You are responsible for ensuring your use of this Service complies with those requirements.
• You must obtain any consent required from patients before recording a consultation, in accordance with the Code of Health and Disability Services Consumers' Rights and applicable professional standards.
• Clinote does not audit or verify the clinical accuracy of any notes generated, and the generation of a note does not constitute any form of clinical endorsement or peer review.

10. Intellectual Property

You retain ownership of any consultation recordings you upload and any clinical notes generated from them. By using the Service you grant us a limited, non-exclusive licence to process your recordings and generate notes as required to deliver the Service.

The Clinote platform, brand, software, design, and documentation are owned by us and protected by intellectual property law. You may not copy, reproduce, or distribute any part of the Service without our prior written consent.

11. Termination

You may close your account at any time by contacting us at [email protected]. On closure, your account data will be deleted within 30 days except where retention is required by law.

We reserve the right to suspend or terminate your account immediately if you breach these terms, engage in abusive or fraudulent behaviour, or use the Service in a manner that could cause harm to others.

12. Governing Law

These terms are governed by the laws of New Zealand. Any dispute arising from these terms or your use of the Service shall be subject to the exclusive jurisdiction of the New Zealand courts.

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

13. Changes to These Terms

We may update these terms from time to time. We will notify registered users of material changes by email at least 14 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated terms.

The current version of these terms is always available at clinote.net/terms.php.

14. Contact

If you have any questions about these terms, please contact us at:

Clinote
Email: [email protected]
Website: clinote.net