Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of MediScribe AI's AI-powered medical documentation platform ("Service", "Platform") operated by MediScribe AI (Pty) Ltd ("we", "us", "our"), a company registered in South Africa.

By registering for, accessing, or using the Service, you ("User", "you", "Healthcare Provider", "Doctor") agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Definitions

• "Healthcare Provider" or "Doctor": Licensed medical professional registered with HPCSA using the Service
• "Patient": Individual whose health information is processed through the Service
• "Patient Data": All personal and health information about patients entered or processed through the Service
• "Account": Your registered user account to access the Service
• "Subscription": Your paid plan (Trial, Solo, Specialist, Multi-Doctor, or Enterprise)

3. Eligibility and Registration

3.1 Eligibility

To use MediScribe AI, you must:

• Be a licensed healthcare professional registered with HPCSA (or equivalent)
• Be at least 18 years old
• Have legal authority to enter into this agreement
• Operate a legitimate medical practice in South Africa

3.2 Account Registration

• You must provide accurate, current, and complete registration information
• You must verify your HPCSA registration number
• You must verify your email address
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access

3.3 Multi-User Accounts

For Multi-Doctor and Enterprise plans, the primary account holder is responsible for:

• Managing user access and permissions
• Ensuring all staff comply with these Terms
• Payment obligations for the entire account

4. Service Description

MediScribe AI provides:

• AI-powered voice transcription of medical consultations
• Automated generation of SOAP notes from transcripts
• ICD-10 diagnosis code and SAMA tariff code suggestions
• Digital prescription creation and management
• Electronic medical aid claims submission
• Patient record management
• Appointment scheduling and reminders
• Invoice and billing management
• Multi-language support for 11+ South African languages

5. Subscription and Payment

5.1 Subscription Plans

• Trial: R0 for 14 days, 50 consultations (no payment method required)
• Solo Practitioner: R1,299/month, 500 consultations, 1 doctor
• Specialist Pro: R2,199/month, 1,000 consultations, 1 doctor, analytics
• Multi-Doctor: R4,999/month, 2,500 consultations, up to 5 doctors
• Enterprise: R9,999/month, 10,000 consultations, up to 20 doctors, API access

5.2 Billing

• Subscriptions are billed monthly in advance
• Payments are processed via PayFast (South African Rands)
• You authorize us to charge your payment method automatically each billing cycle
• Failed payments may result in service suspension
• You are responsible for all taxes (VAT will be added where applicable)

5.3 Free Trial

• 14-day free trial with 50 consultations included
• No credit card required for trial
• Trial automatically expires after 14 days unless you subscribe
• One trial per practice/email address

5.4 Usage Limits

• Each plan has consultation/transcription limits per month
• Overage fees apply if you exceed limits (charged at R5 per consultation)
• You can upgrade your plan at any time to increase limits

5.5 Cancellation and Refunds

• You may cancel at any time - no cancellation fees
• Cancellation takes effect at the end of your current billing period
• No refunds for partial months - you keep access until billing period ends
• 30-day money-back guarantee: Full refund if you cancel within 30 days of first payment
• After cancellation, your data is retained for 30 days, then permanently deleted

5.6 Price Changes

We reserve the right to change pricing with 30 days' notice. Existing subscribers will be grandfathered at their current rate for 6 months after the price change.

6. User Responsibilities

6.1 Professional Responsibility

As a healthcare provider, you are solely responsible for:

• All medical decisions, diagnoses, and treatment plans
• Obtaining informed patient consent before using the Service
• Reviewing and verifying all AI-generated content (transcripts, SOAP notes, codes)
• Ensuring medical aid claims are accurate and compliant
• Maintaining your professional license and HPCSA registration
• Complying with HPCSA guidelines and ethical standards
• Patient safety and confidentiality

6.2 Patient Consent

You must obtain patient consent before:

• Recording consultations (audio)
• Processing patient data with AI tools
• Storing patient information on the Platform
• Submitting electronic claims to medical aids

6.3 Data Accuracy

• You must enter accurate patient information
• You must verify AI-suggested codes are appropriate for the patient
• You must correct any errors in transcripts or generated notes
• You are responsible for data quality and clinical accuracy

6.4 Prohibited Uses

You agree NOT to:

• Use the Service for any unlawful or fraudulent purpose
• Submit false claims to medical aid schemes
• Share your account credentials with unauthorized users
• Reverse engineer, decompile, or attempt to extract source code
• Use the Service to train competing AI models
• Scrape, copy, or download patient data for unauthorized purposes
• Interfere with or disrupt the Service or servers
• Upload malicious code, viruses, or harmful content

7. Data Ownership and Rights

7.1 Your Data

You retain ownership of all patient data and medical records. We process data on your behalf as a data processor under POPIA. You are the data custodian.

7.2 Our Rights

By using the Service, you grant us the right to:

• Process patient data to provide the Service
• Use anonymized, aggregated data for analytics and improvement
• Store data on our secure infrastructure
• Share data with third-party service providers (see Privacy Policy)

7.3 Data Export

You can export your data at any time in CSV or PDF format. Upon account closure, you have 30 days to export data before permanent deletion.

7.4 Intellectual Property

The Platform, software, AI models, logos, and trademarks are owned by MediScribe AI and protected by South African and international intellectual property laws. You may not copy, modify, or distribute our intellectual property.

8. Medical Disclaimer and Limitation of Liability

8.2 AI Accuracy

While we strive for high accuracy, AI transcription and code suggestions may contain errors. Healthcare providers MUST review all AI outputs before clinical use.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW:

• We are NOT liable for medical malpractice, misdiagnosis, or patient harm arising from your use of the Service
• We are NOT liable for lost revenue, data loss, or business interruption (except as required by POPIA)
• Our total liability is limited to the amount you paid in the last 12 months
• We provide the Service "AS IS" without warranties

8.4 Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or legal costs arising from:

• Your medical practice or patient care decisions
• Your violation of these Terms or applicable laws
• Your breach of patient confidentiality
• Fraudulent claims or billing practices

9. Service Availability

• We aim for 99.9% uptime but do not guarantee uninterrupted service
• Scheduled maintenance will be announced 48 hours in advance (typically off-peak hours)
• We are not liable for downtime caused by third-party services or force majeure
• In case of extended outages (4+ hours), we will provide pro-rated credit to your account

10. Security

We implement industry-standard security measures (see Privacy Policy), but:

• No system is 100% secure - we cannot guarantee absolute security
• You are responsible for keeping your login credentials confidential
• You must use strong passwords and enable MFA if available
• You must report security incidents or data breaches to us immediately at security@mediscribe-ai.com

11. Termination

11.1 By You

• You may cancel your subscription at any time from account settings
• Access continues until the end of your billing period
• You have 30 days to export data after cancellation

11.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms or applicable laws
• Engage in fraudulent activity (false claims, payment fraud)
• Fail to pay subscription fees (after 7 days' notice)
• Lose your HPCSA license or professional registration
• Use the Service in a way that harms other users or our reputation

We will provide 14 days' notice before termination (except for fraud or legal violations). You will have 30 days to export your data.

12. Governing Law and Disputes

• These Terms are governed by the laws of South Africa
• Disputes will be subject to the exclusive jurisdiction of South African courts [specify jurisdiction: Johannesburg, Cape Town, etc.]
• Before litigation, parties agree to attempt good-faith mediation for 30 days

13. Changes to Terms

We may update these Terms to reflect legal changes, new features, or business practices. We will notify you of material changes via email at least 30 days before they take effect. Continued use of the Service after changes constitutes acceptance.

14. Miscellaneous

• Entire Agreement: These Terms (together with our Privacy Policy) constitute the entire agreement
• Severability: If any provision is invalid, the rest remain in effect
• No Waiver: Failure to enforce a right does not waive that right
• Assignment: You may not assign your account without our consent. We may assign in case of merger/acquisition.
• Force Majeure: We are not liable for delays caused by events beyond our reasonable control

15. Contact Information