Terms & Conditions

About these Terms

These Terms & Conditions ("Terms") are between you and Carebrain, Inc. ("Carebrain," "we," "us," or "our"), a company registered in Delaware, with its principal office at 5985 Terrapin Place, Unit 301, Alexandria, VA 22310. They cover the Carebrain clinical efficiency platform for post-acute care (the "Platform" or "App").

You download the App from our website at www.carebrain.com or from the Apple App Store or Google Play. When you download or first open the App, you accept these Terms and sign a Business Associate Agreement (BAA), along with any other documents we ask you to sign. If you don't agree, please don't use the Platform. You must be a healthcare professional and at least 18 years old to use it.

If your healthcare organization has signed a Master Services Agreement (MSA) and Service Level Agreement (SLA) with us (an "Enterprise Plan"), those agreements govern your use of the Platform and control over these Terms if anything conflicts. Otherwise, including on our free and self-serve plans, these Terms apply.

1.Your account

To use the Platform, you create an account and choose a password. Keep your login details secure, since you're responsible for activity under your account. Give us accurate information, keep it current, and tell us right away if you suspect any unauthorized use of your account.

2.The Platform and PHI

The Platform records and transcribes your consultations to help you create clinical documentation. You are responsible for obtaining any patient consent your role or jurisdiction requires before recording.

The BAA you sign at download, together with HIPAA, governs how we handle the protected health information (PHI) in your recordings and notes. If anything in these Terms conflicts with the BAA about PHI, the BAA controls.

3.Plans and fees

We offer a free tier. Some plans or features may require a paid subscription, and the fees, features, and limits are shown when you sign up. Paid subscriptions renew automatically for the same period unless you cancel before renewal, and fees are non-refundable except where the law requires or we say otherwise. We may change fees for a future billing period with reasonable notice.

4.Using the Platform responsibly

You agree to use the Platform lawfully and consistent with your professional obligations. Please don't:

• share your account or let anyone else use it
• try to gain unauthorized access, or scrape, harvest, copy, or reverse engineer the App
• introduce malicious code or interfere with how the Platform works
• enter inaccurate data, or use the Platform to build a competing product
• use the Platform to break the law or infringe anyone's rights

5.AI and your professional judgment

The Platform uses artificial intelligence, which can sometimes be inaccurate or incomplete. It supports your documentation; it is not medical advice, a diagnosis, a treatment recommendation, or a medical device. You are responsible for reviewing and confirming every note before you rely on it or add it to a patient record, and all clinical decisions remain yours.

6.Our content and intellectual property

We own or license everything in the Platform, including the software, content, designs, and trademarks. While these Terms are in effect, we grant you a limited, non-exclusive, non-transferable license to use the Platform to deliver care. You keep ownership of the content and notes you create. If you send us feedback, we may use it freely, without any obligation to you.

7.Links to other sites

The Platform and Website may link to sites and resources we don't control. We're not responsible for their content or practices, and you use them at your own risk.

8.Privacy

Your use of Carebrain is subject to our Privacy Policy, which forms part of these Terms. PHI is governed by your BAA.

9.Disclaimer

The Platform and Website are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and we don't warrant that the Platform will be uninterrupted, secure, or error-free.

10.Limitation of liability

To the fullest extent permitted by law, Carebrain will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits or data, arising from your use of the Platform. Our total liability for any claim will not exceed the amount you paid us in the 12 months before the claim, or USD 100 if that is greater. Some jurisdictions don't allow these limits, so they may not apply to you.

11.Suspension and termination

You can stop using the Platform and close your account at any time. We may suspend or end your access if you breach these Terms, or as needed to comply with the law or protect Carebrain and its users. When your account ends, your license to use the Platform ends. How we handle your data and PHI after termination is described in our Privacy Policy and your BAA.

12.Indemnity

You agree to hold harmless Carebrain and its affiliates from any claim arising out of your use of the Platform, your breach of these Terms, or your violation of any law or the rights of others, including any patient claim relating to the care you provide.

13.Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. Any dispute that we can't resolve informally within 30 days will be settled by binding arbitration before the American Arbitration Association in Delaware, on an individual basis only, with no class actions. Either of us can still go to court for intellectual property claims or to seek an injunction.

14.Changes to these Terms

We may update these Terms from time to time and will change the "Effective" date above. If you keep using the Platform after that, you accept the updated Terms.

15.Contact us