CaseScribe Terms of Use
Versions:
10/15/2024 - Clarified 6a - free trial is now 5 client casesor 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 usethe 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 anyother documentation, guidelines, or policies we may provide in writing.
1. Registration and Access
CaseScribe is intended for use by professionals whorepresent veterans in their disability compensation claims and appeals. To usethe Services, you must be at least 18 years old and provide accurate andcomplete information during registration. You are responsible for maintainingthe confidentiality of your access credentials and all activities under youraccount.
2. Usage Requirements
a. CaseScribe uses OCR (optical character recognition),vector embeddings, and large language models to categorize and summarizeveteran claim and medical information. Users can upload claim information,including medical records, service records, and claim documents, toCaseScribe's servers for processing.
b. Users are responsible for obtaining necessary consent andauthorizations from their clients before uploading any sensitive information toCaseScribe.
c. Users must not upload any malicious content or engage inactivities 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 inaccordance with these Terms. You agree to comply with these Terms and allapplicable laws when using the Services.
3. Confidentiality
a. "Confidential Information" means allinformation disclosed by one party to the other that is marked as confidentialor should reasonably be understood to be confidential based on the nature ofthe information and the circumstances of disclosure. CaseScribe's ConfidentialInformation includes the Services and related documentation. Your ConfidentialInformation includes the Input and Output.
b. Each party agrees to maintain the confidentiality of theother party's Confidential Information using at least the same degree of careit uses to protect its own confidential information, but in no event less thanreasonable care. The receiving party will only use the disclosing party'sConfidential Information as permitted under these Terms.
c. The obligations of confidentiality shall not apply toinformation that: (i) is or becomes publicly known through no fault of thereceiving party; (ii) was rightfully known or becomes rightfully known to thereceiving party without confidential restriction from a source other than thedisclosing party; (iii) is independently developed by the receiving partywithout use of the disclosing party's Confidential Information; or (iv) isrequired to be disclosed by law or court order, provided the receiving partygives 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, CaseScribeassigns to you all its rights, title, and interest in and to the outputgenerated by the Services ("Output"). By using the Services, youagree that CaseScribe may use Input and Output to provide the Services,customer support, enforce policies, comply with applicable laws, and improvethe functionality of the Services.
b. You may delete your Input and Output anytime from withinCaseScribe. Unless otherwise notified in writing, your content will be retainedas long as you have an active CaseScribe account.
c. CaseScribe may collect and analyze anonymized usage datato improve the Services.
d. You should evaluate the accuracy of any Output beforerelying on it, as machine learning systems may occasionally produce incorrectresults.
5. Privacy and Security
a. CaseScribe prioritizes the privacy and security ofsensitive data processed by the Services, including medical records, servicerecords, and personally identifiable information (PII).
b. CaseScribe uses third-party services with their ownprivacy policies and security measures to help provide and enhance ourServices. We ensure these third-party services comply with stringent privacyand security standards. A list of these third-party services is available uponrequest. By using CaseScribe, you acknowledge that your data may be processedby these third-party services under their respective privacy policies.CaseScribe is not responsible for the privacy practices or the content of thesethird-party services. We recommend that you review the privacy policies ofthese third-party services.
c. Please refer to our Privacy Policy fordetailed 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 issubject to change with notice.
c. The total number of new clients with AI claim fileindexes will be calculated for each 30-day billing period.
d. If you do not have new clients in the 30-day billingperiod, you will be charged a $55 platform fee to maintain your access to yourdata.
7. Service Availability and Maintenance
a. CaseScribe will communicate any maintenance requirementsin advance and schedule them during non-business hours to minimize disruption.
b. CaseScribe shall not be liable for any data loss orinterruption of service due to maintenance, updates, or third-party serviceprovider issues.
8. Indemnification
a. CaseScribe agrees to defend or settle, at its ownexpense, any third-party claim brought against you alleging that the Servicesinfringe a U.S. patent, copyright, or trade secret. CaseScribe will pay allcosts and damages finally awarded against you by a court of competentjurisdiction as a result of such claim.
b. If the use of the Services becomes subject to a claim ofinfringement, CaseScribe may, at its sole option and expense: (i) obtain theright for you to continue using the Services; (ii) replace or modify theServices to make them non-infringing; or (iii) terminate the Terms and providea pro-rata refund of any prepaid fees.
c. CaseScribe's indemnification obligations do not apply toclaims arising from: (i) modifications to the Services made by anyone otherthan CaseScribe; (ii) use of the Services in combination with other products orservices not provided by CaseScribe; or (iii) use of the Services in a mannerinconsistent with these Terms.
d. You agree to defend, indemnify, and hold CaseScribeharmless from any claims, losses, liabilities, damages, expenses, and costs(including reasonable attorneys' fees) arising from or relating to your breachof these Terms or your use of the Services.
9. Termination
a. These Terms will remain in effect until terminated byeither party. You may terminate these Terms at any time by discontinuing use ofthe Services and deleting your account.
b. CaseScribe may terminate these Terms or suspend youraccess to the Services if you breach these Terms or if CaseScribe reasonablybelieves that your use of the Services may subject CaseScribe to liability.
c. Upon termination, you will stop using the Services andlose access to your client data in CaseScribe. You may use the built-in exportfeatures, but no special mass export is supported.
10. Limitation of Liability
To the extent permitted by applicable law, CaseScribe andits affiliates, licensors, and service providers shall not be liable for anyindirect, incidental, special, consequential, or exemplary damages arising outof or relating to the use of the Services.
11. Governing Law and Jurisdiction
These Terms shall be governed by and interpreted inaccordance with the laws of the State of Delaware, without giving effect to anyprinciples of conflicts of laws. Any legal action or proceeding arising underthese Terms will be brought exclusively in the federal or state courts locatedin Delaware.
12. Modifications
CaseScribe reserves the right to amend these Terms at anytime. We will notify users of any changes by email or by posting a revisedversion on our website. Your continued use of the Services after any changesconstitutes your acceptance of the new Terms.