Effective November 1, 2024
About us
Welcome to NirvaScribe (“NirvaScribe” or “we” or “us” or “platform”), where your conversations are transcribed and transformed into structured medical notes - simplifying documentation so you can focus on patient care.
By accessing or utilizing the Services, as set forth in Section 1 below, you hereby consent to be bound by these Terms of Service (“Terms”), and our Privacy Policy.
It is advisable to conduct a periodic review of these Terms, as they are subject to updates at various intervals. The ongoing utilization of the Services subsequent to modifications to these Terms shall be deemed as your acceptance of the amended Terms. In the occurrence of significant alterations that affect the provision of our Services to you, we shall undertake reasonable measures to inform you through notifications on the platform and the email address maintained in our records. Our Terms of Service governs how we provide our NirvaScribe’s services to you (the “Service”).
Scope of Service
Through NirvaScribe, you shall obtain access to a comprehensive and personalized set of services designed and customised to enhance your medical practice as health practitioners, providing you seamless experience of generating AI reports and notes on the basis of your interaction with patients.
The term "Services" shall collectively indicate NirvaScribe, the Platform, Content, and any associated programs, products, or other goods and services provided through NirvaScribe extended to you by on our website.
You agree to obtain explicit consent from the patient before initiating the recording session for the purpose of generating medical notes.
You understand and acknowledge that we integrate with third-party platforms to process the user data, and you shall not make any request for modifications in respect with the reports generated.
You agree to adhere with all the instructions relating to access and use of the Service that we acquaint you with periodically.
You agree not to use the Service for any purpose or activity in violation of law with a malicious intent to fraud or access confidential data.
You agree and acknowledge that the Services may undergo modifications as NirvaScribe continues to refine its business model.
Accounts and access to the services
To access and utilize the services provided by us, you are required to register and hold an account (“Account”) on our platform and by creating an account you hereby represent and warrant that you possess full legal ability and capacity to enter into an enforceable and legally binding agreement with us in order to access the Service.
For the purpose of registration and activation of your account, we reserve the right to collect certain information which shall include some personal information about you in order to operate the functions of the platform. Such information shall be governed and used by us in accordance with the Privacy Policy of NirvaScribe.
As part of creating and registering your account, you can use your email id and set the password. You shall bear the sole and complete responsibility to protect the confidentiality of your username and passwords, additionally, you shall also be responsible for all the activities carried out under your account on NirvaScribe.
You can access your account data by using your login credentials and such data shall be deleted by NirvaScribe within sixty (60) days, only upon specific requests by reaching out to our support team at support@nirvascibe.com
For security purposes, you hereby agree not to allow any unauthorized access by anybody else using your log-in credentials, with or without your knowledge or permission.
Subscription and fees
To access the Services at NirvaScribe, you can select the basic version with limited features, which is offered free of cost. For access to the pro features, you are required to pay a subscription fee (“Subscription Fee”) applicable for the selected period of time, which constitutes the subscription period (“Subscription period”) for a premium version based on the different features of your selected Service, as published on our website. However, the pro features are available with a seven (7) day free trial, allowing you to evaluate the premium features before committing to the Subscription Fee. Please note that the Subscription Fees value is displayed in Australian Dollars (AUD) unless explicitly stated otherwise.
You hereby acknowledge that such subscription shall be based on the auto-renewal basis and shall be renewed at the conclusion of every active Subscription period automatically, without your additional approval or notification by us, unless you cancel the subscription, a couple of days prior to the expiration of such subscription plan.
Upon such cancellation of services and at the end of the paid subscription period, the account will be automatically downgraded to the basic version of the Services rendered and you will not be able to access the Pro features on the platform.
Additionally, you understand that we reserve the right to modify the subscription amount at our sole discretion based on industry standards and efforts to enhance the functions and your experience at NirvaScribe. Such revision in the subscription fee shall be communicated within reasonable time and prior notice.
The revised subscription fee shall be enforceable on upcoming subscriptions and shall not have any effect retrospectively.
Withdrawal of access and cancellation
You acknowledge that we reserve the right to immediately terminate and withdraw your access to the Service at any time on NirvaScribe with notice to you if we find any of your actions to be in violation of these Terms.
In order to terminate your account, it is necessary to submit a written request at support@nirvascibe.com with the subject line “CANCELLATION NOTICE - NirvaScribe SERVICES”. The notice shall encompass the complete name of the individual and the email address linked to the respective account. Upon such withdrawal of access and cancellation, the account will be automatically downgraded to the basic version of the Services rendered and you will not be able to access the Pro features on the platform.
In the event of such termination and withdrawal, we shall refund your subscription amount in consideration of the services which shall not be provided to you, provided that such cancellation occurs within the designated paid period.
In the case of prepaid annual subscriptions, any remaining balance of unused prepaid funds shall be refunded subsequent to the termination date, subject to our sole discretion.
In the event that a refund is issued, any relevant payment processing fees, which are generally calculated at a rate of one - three percent 1% - 3% of the refunded amount, incurred by NirvaScribe shall be deducted accordingly. By enrolling in the Services, you hereby consent to assume responsibility for this cost as an integral component of the refund process.
Privacy
Upon receipt of the Services, NirvaScribe shall utilize your information in accordance with our Privacy Policy, which governs other personal information pertaining to you and your patients. The documents herein delineate the methods by which your information is collected, utilized, disclosed, and safeguarded, thereby ensuring adherence to relevant legal statutes and the protection of your privacy rights.
Access and use of internet
While NirvaScribe undertakes reasonable measures to facilitate the accessibility of the Services and your account, you hereby acknowledge and consent that the Services and/or your account may, at times, be rendered unavailable. The unavailability in question may arise from factors within our control, including but not limited to routine maintenance, or from factors beyond our control, such as technical failures or external events.
The responsibility for procuring and maintaining the requisite equipment necessary for accessing the Services rests solely with you. This includes, but is not limited to, a compatible computing device, an internet connection, and an appropriate web browser. The utilization of the internet encompasses inherent risks; therefore, NirvaScribe hereby disclaims any liability for the security or availability of internet services. We shall not be held liable for any delays, failures, interruptions, or corruption of data or information that may occur during your utilization of the Services.
Intellectual property
You understand and agree that NirvaScribe exclusively retains and owns all rights, titles and interests to the NirvaScribe technology, software, platform and the content accessed and generated by you, including all the intellectual and proprietary rights thereof. That shall include but is not limited to all techniques, algorithms, interface, design, trade secrets and inventions related thereto or incorporated and displayed on our website. Additionally, you agree that as part of service or any subscription fee paid by you does not transfer, license or assign any ownership rights to you.
Any unauthorized use, misappropriation or, infringement of such intellectual property is strictly prohibited. Upon notice of such prohibited activities, NirvaScribe reserves all rights to take prompt legal action in order to protect and safeguard our rights and interests.
Confidentiality
As part of this Terms of Service, you agree not to disclose any confidential information communicated to you or any content accessed and generated by you on the platform of NirvaScribe. Except as otherwise required to disclose by law or such information which is available in the public domain.
You hereby acknowledge that any and all disclosure of such confidential information in respect of your personal account shall be your sole responsibility and you shall take all reasonable measures to protect such information from any unauthorized use or disclosure.
You agree to notify us immediately in writing, in the event of such an actual or suspected security breach and to cooperate with us in taking appropriate action.
Disclaimer of warranty
The Services are rendered to you on an "as-is" and "as-available" basis. To the maximum extent allowed by relevant law, NirvaScribe does not guarantee anything about the Services, whether express or implied. This includes, but is not limited to, warranties pertaining to quality, suitability for a specific purpose, non-infringement, functionality, condition, or the accuracy of data.
You agree that NirvaScribe does not warrant accuracy and is not responsible for any errors in the reports generated by you and such notes are the final and sole responsibility of the user.
NirvaScribe does not endorse any third-party products or services and references to particular products or services within the Services, including those presented on the website, shall not be construed as an endorsement or recommendation of such products or services by NirvaScribe, unless explicitly stated to the contrary.
The Services may encompass hyperlinks to websites that are operated by third parties. The links herein are presented exclusively for the convenience of the user and shall not be construed as an endorsement, sponsorship, or expression of opinion regarding the content or practices of the aforementioned websites by NirvaScribe. We hereby formally disclaim any representations concerning the accuracy, content, or privacy practices associated with third-party websites. Engaging with such websites is undertaken at your own risk, and NirvaScribe shall not be held responsible or liable, either directly or indirectly, for any damage, loss, or liability that may arise or be alleged to arise from your utilization of or reliance upon any content, products, or services accessible through such linked websites or resources.
Limitation of liability
As part of the Service, you agree and acknowledge that consent of your patients to record the conversation prior to the recording is crucial for your use of NirvaScribe and the content generated or accessed by you is strictly for the purposes of supporting your administrative and technical activities and does not in any way mean to constitute, nor purport to be a medical advice, diagnosis or healthcare treatment recommendations for your patients. You understand that the notes generated are based on AI and are not free of errors and you are advised to evaluate the same before further use.
For Patients with mental or physical disability, consent must be obtained from the guardian or nominee, regarding the recording of the session in our application.
Additionally, you also agree that NirvaScribe does not represent or imply any guarantee or warranty regarding the effectiveness or result of any medical assistance or healthcare recommendations generated by you as part of the Services.
Under no circumstances shall we be liable for any direct, indirect, consequential, special, or other damages arising from reliance on NirvaScribe, the NirvaScribe Content, or related services rendered to you.
Indemnification
You agree to indemnify and hold harmless NirvaScribe, its contractors, owners, affiliates, officers, directors, managers, and employees from and against any claims, actions, demands, liabilities, losses, damages, settlements, and expenses, including, without limitation, reasonable legal and accounting fees, arising directly or indirectly out of or related to violation of these Terms; activities in connection with the use of the Services. You further agree to cooperate, as reasonably required, in the defence of any such claim.
NirvaScribe reserves the right to assume the exclusive defence and control of any matter subject to indemnification under this provision, and you agree not to settle any such matter without the prior written consent of NirvaScribe.
Governing law and jurisdiction
The provisions set forth herein shall be governed by and construed in accordance with the laws of Australia. All claims that are not subject to arbitration shall fall under the jurisdiction of the courts of Australia.
Relationship with parties
You agree that as part of the Services, you and NirvaScribe are acting in the sole capacity of independent contractors and your access to the Services provided by NirvaScribe does not constitute any partnership, joint venture or any kind of employment relationship.
Force Majeure
NirvaScribe shall be exempted from fulfilling its obligations under these Terms of Service to the extent that its performance is hindered or postponed, in whole or in part, due to an event or series of events that are caused by or arise from meteorological phenomena; natural calamities; or other unforeseen events of a divine nature; acts of warfare, terrorism, insurrection, civil disturbances, or rebellion; quarantines, epidemics, pandemics, or trade restrictions; labour strikes or industrial conflicts; inaccuracies, interruptions, or malfunctions in significant computer hardware, networks, or software systems; or any other circumstances beyond the reasonable control of NirvaScribe or its contractors.
Entire agreement
In the absence of a separate agreement with NirvaScribe, such as a specific consent or service agreement, these Terms, along with all referenced and incorporated documents, shall be deemed to constitute the complete and exclusive agreement between you and NirvaScribe. These Terms constitute the complete and exclusive agreement between the parties involved, superseding all prior negotiations, understandings, and agreements, whether written or oral, relating to the subject matter herein.
Contact us
Please reach out to us for any inquiries or assistance you may require. For inquiries pertaining to these Terms, kindly contact us at support@nirvascibe.com
