Section 01

Acceptance of Terms

By accessing or using ProDocNotes (the "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to all of these Terms, do not access or use the Service.

These Terms constitute a legally binding agreement between you and ProDocNotes ("we", "us", or "our"). Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 02

Eligibility

The Service is intended exclusively for use by licensed healthcare professionals and authorised staff operating within a covered entity or business associate as defined by HIPAA. By registering for an account, you represent and warrant that:

• You are a licensed physician, nurse practitioner, or other credentialled healthcare provider, or an authorised representative thereof;
• You are at least 18 years of age;
• You are legally authorised to enter into this agreement on behalf of yourself or your organisation;
• Your use of the Service complies with all applicable laws and regulations, including HIPAA and any applicable state privacy laws.

We reserve the right to verify credentials and suspend or terminate accounts that do not meet these eligibility requirements.

Section 03

Service Description

ProDocNotes provides a HIPAA-compliant clinical documentation platform that enables authorised healthcare providers to capture, organise, and manage patient encounter notes and related documentation. The Service may include AI-assisted documentation features powered by third-party large language models.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. Features described in marketing materials are subject to availability and may vary by subscription tier.

Section 04

HIPAA Compliance

ProDocNotes operates as a Business Associate under HIPAA when processing PHI on your behalf. A Business Associate Agreement (BAA) is required before any PHI may be entered into the Service. By registering, you agree to the terms of our BAA, which is incorporated into these Terms by reference.

Our HIPAA commitments include:

• Encryption of PHI in transit (TLS 1.2+) and at rest (AES-256);
• Comprehensive audit logging of all access to and modifications of PHI;
• Role-based access controls limiting PHI access to authorised personnel only;
• Breach notification procedures in accordance with 45 CFR § 164.400–414;
• Regular risk assessments and security reviews.

Section 05

Accounts & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must:

• Use a strong, unique password and not share credentials with any other person;
• Notify us immediately at [email protected] if you suspect unauthorised access;
• Sign out of your account at the end of each session, particularly on shared or public devices;
• Not access the accounts of other users without explicit authorisation.

We may suspend accounts that show signs of compromise or that violate these Terms without prior notice to protect the integrity of PHI stored on the platform.

Section 06

Acceptable Use

You agree not to use the Service to:

• Enter PHI for patients who have not given appropriate authorisation under your organisation's policies and applicable law;
• Violate any applicable federal, state, or local law or regulation;
• Attempt to gain unauthorised access to any part of the Service or its infrastructure;
• Transmit malware, viruses, or any other malicious code;
• Scrape, harvest, or systematically extract data from the Service;
• Reverse-engineer, decompile, or disassemble the Service;
• Use the Service for any purpose unrelated to legitimate clinical documentation.

Violation of these terms may result in immediate termination of your account and may be reported to relevant professional licensing boards or law enforcement authorities.

Section 07

Protected Health Information

You retain ownership of all PHI you enter into the Service. By submitting PHI, you grant us a limited, non-exclusive licence to process that information solely as necessary to provide the Service, as described in our Privacy Policy and BAA.

You are responsible for ensuring you have the lawful basis to enter, process, and store any patient data in the Service, including obtaining any required patient consents under HIPAA and applicable state laws.

Upon termination of your account, PHI will be retained for the period required by applicable law and then securely deleted or de-identified in accordance with HIPAA standards.

Section 08

Intellectual Property

The Service, including all software, interfaces, designs, text, and documentation (excluding PHI you submit), is the exclusive property of ProDocNotes and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service solely for your internal clinical documentation purposes in accordance with these Terms.

Section 09

Disclaimers

The Service is provided "as is" and "as available" without warranty of any kind. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

Section 10

Limitation of Liability

To the fullest extent permitted by applicable law, ProDocNotes shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.

Our total cumulative liability to you for any claim arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amounts you paid to us in the twelve months preceding the claim, or (b) one hundred US dollars ($100).

Section 11

Termination

Either party may terminate the agreement at any time. We may suspend or terminate your access immediately and without notice if you breach these Terms, if required by law, or if continued access poses a risk to the security or integrity of PHI stored in the Service.

Upon termination, your right to use the Service ceases immediately. Sections 4, 7, 8, 9, 10, and 12 survive termination.

Section 12

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any dispute arising under these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm.

Section 13

Changes to Terms

We may revise these Terms at any time. If we make material changes, we will notify you by email or by displaying a prominent notice in the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

Section 14

Contact

If you have questions about these Terms or our HIPAA compliance practices, please contact us:

• Email: [email protected]
• Security issues: [email protected]
• Mailing address: ProDocNotes, Inc., 123 Medical Plaza, Wilmington, DE 19801