CaseScribe Terms of Use
Versions:
10/15/2024 - Clarified 6a - free trial is now 5 client cases or 14 days, whichever comes sooner.
08/16/2024 - Clarified 6a - free trial to be 10 client cases or 30 days, whichever comes sooner.
06/12/2024 - Initial version published
These Terms of Use ("Terms") apply when you use the CaseScribe LLC ("CaseScribe") services, including our website, software, tools, and application programming interface ("Services"). By using our Services, you agree to these Terms, our Privacy Policy, and any other documentation, guidelines, or policies we may provide in writing.
1. Registration and Access
CaseScribe is intended for use by professionals who represent veterans in their disability compensation claims and appeals. To use the Services, you must be at least 18 years old and provide accurate and complete information during registration. You are responsible for maintaining the confidentiality of your access credentials and all activities under your account.
2. Usage Requirements
a. CaseScribe uses OCR (optical character recognition), vector embeddings, and large language models to categorize and summarize veteran claim and medical information. Users can upload claim information, including medical records, service records, and claim documents, to CaseScribe's servers for processing.
b. Users are responsible for obtaining necessary consent and authorizations from their clients before uploading any sensitive information to CaseScribe.
c. Users must not upload any malicious content or engage in activities that may disrupt the system.
d. License Grant: CaseScribe grants you a non-exclusive, non-sublicensable, non-transferable right to use and access the Services in accordance with these Terms. You agree to comply with these Terms and all applicable laws when using the Services.
3. Confidentiality
a. "Confidential Information" means all information disclosed by one party to the other that is marked as confidential or should reasonably be understood to be confidential based on the nature of the information and the circumstances of disclosure. CaseScribe's Confidential Information includes the Services and related documentation. Your Confidential Information includes the Input and Output.
b. Each party agrees to maintain the confidentiality of the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. The receiving party will only use the disclosing party's Confidential Information as permitted under these Terms.
c. The obligations of confidentiality shall not apply to information that: (i) is or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving party without confidential restriction from a source other than the disclosing party; (iii) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (iv) is required to be disclosed by law or court order, provided the receiving party gives the disclosing party prior written notice of the required disclosure.
4. Content
a. Users retain ownership of all uploaded content ("Input"). Subject to your compliance with these Terms, CaseScribe assigns to you all its rights, title, and interest in and to the output generated by the Services ("Output"). By using the Services, you agree that CaseScribe may use Input and Output to provide the Services, customer support, enforce policies, comply with applicable laws, and improve the functionality of the Services.
b. You may delete your Input and Output anytime from within CaseScribe. Unless otherwise notified in writing, your content will be retained as long as you have an active CaseScribe account.
c. CaseScribe may collect and analyze anonymized usage data to improve the Services.
d. You should evaluate the accuracy of any Output before relying on it, as machine learning systems may occasionally produce incorrect results.
5. Privacy and Security
a. CaseScribe prioritizes the privacy and security of sensitive data processed by the Services, including medical records, service records, and personally identifiable information (PII).
b. CaseScribe uses third-party services with their own privacy policies and security measures to help provide and enhance our Services. We ensure these third-party services comply with stringent privacy and security standards. A list of these third-party services is available upon request. By using CaseScribe, you acknowledge that your data may be processed by these third-party services under their respective privacy policies. CaseScribe is not responsible for the privacy practices or the content of these third-party services. We recommend that you review the privacy policies of these third-party services.
c. Please refer to our Privacy Policy for detailed information on how user data is collected, stored, and protected.
6. Fees and Billing
a. Free trial includes up to 5 client cases or 14 days, whichever comes sooner.
b. All pricing is available on the CaseScribe website and is subject to change with notice.
c. The total number of new clients with AI claim file indexes will be calculated for each 30-day billing period.
d. If you do not have new clients in the 30-day billing period, you will be charged a $55 platform fee to maintain your access to your data.
7. Service Availability and Maintenance
a. CaseScribe will communicate any maintenance requirements in advance and schedule them during non-business hours to minimize disruption.
b. CaseScribe shall not be liable for any data loss or interruption of service due to maintenance, updates, or third-party service provider issues.
8. Indemnification
a. CaseScribe agrees to defend or settle, at its own expense, any third-party claim brought against you alleging that the Services infringe a U.S. patent, copyright, or trade secret. CaseScribe will pay all costs and damages finally awarded against you by a court of competent jurisdiction as a result of such claim.
b. If the use of the Services becomes subject to a claim of infringement, CaseScribe may, at its sole option and expense: (i) obtain the right for you to continue using the Services; (ii) replace or modify the Services to make them non-infringing; or (iii) terminate the Terms and provide a pro-rata refund of any prepaid fees.
c. CaseScribe's indemnification obligations do not apply to claims arising from: (i) modifications to the Services made by anyone other than CaseScribe; (ii) use of the Services in combination with other products or services not provided by CaseScribe; or (iii) use of the Services in a manner inconsistent with these Terms.
d. You agree to defend, indemnify, and hold CaseScribe harmless from any claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys' fees) arising from or relating to your breach of these Terms or your use of the Services.
9. Termination
a. These Terms will remain in effect until terminated by either party. You may terminate these Terms at any time by discontinuing use of the Services and deleting your account.
b. CaseScribe may terminate these Terms or suspend your access to the Services if you breach these Terms or if CaseScribe reasonably believes that your use of the Services may subject CaseScribe to liability.
c. Upon termination, you will stop using the Services and lose access to your client data in CaseScribe. You may use the built-in export features, but no special mass export is supported.
10. Limitation of Liability
To the extent permitted by applicable law, CaseScribe and its affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or relating to the use of the Services.
11. Governing Law and Jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware.
12. Modifications
CaseScribe reserves the right to amend these Terms at any time. We will notify users of any changes by email or by posting a revised version on our website. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.
