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End User License Agreement (EULA)

Effective Date: January 1, 2025

1. Introduction

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User," "you," or "your") and Carebrain, Inc. ("Carebrain," "we," "us," or "our") for use of the Carebrain mobile application (the "App").

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

2. License Grant

Subject to your compliance with this Agreement, Carebrain grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the App on mobile devices that you own or control
  • Use the App for your personal, professional healthcare purposes
  • Access and use the features and functionality of the App as intended

This license is granted solely for use in connection with authorized healthcare services and is subject to the terms of any service agreement between your healthcare organization and Carebrain.

3. License Restrictions

You may not:

  • Copy, modify, or distribute the App or any part thereof
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
  • Rent, lease, lend, sell, sublicense, or transfer the App to any third party
  • Remove, alter, or obscure any proprietary notices on the App
  • Use the App for any unlawful purpose or in violation of any applicable laws
  • Use the App to infringe on the intellectual property rights of others
  • Create derivative works based on the App
  • Bypass or circumvent any security or access controls
  • Use the App on any device that has been modified in an unauthorized manner (jailbroken or rooted)
  • Use automated tools, bots, or scripts to access or interact with the App

4. Intellectual Property

The App and all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof) are owned by Carebrain or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Carebrain and the Carebrain logo are trademarks of Carebrain, Inc. You may not use these trademarks without our prior written permission.

5. Healthcare-Specific Terms

5.1 Intended Use

The App is designed to assist healthcare professionals with clinical documentation, telehealth services, and healthcare workflows. The App is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

5.2 Clinical Responsibility

YOU ACKNOWLEDGE THAT THE APP IS A TOOL TO ASSIST HEALTHCARE PROVIDERS AND DOES NOT REPLACE PROFESSIONAL MEDICAL JUDGMENT. You remain solely responsible for all clinical decisions, patient care, and the accuracy of clinical documentation.

5.3 AI-Generated Content

The App uses artificial intelligence to assist with generating clinical documentation. You must review, verify, and approve all AI-generated content before finalizing any documentation. Carebrain is not responsible for errors in AI-generated content that you have not properly reviewed.

5.4 Regulatory Compliance

You are responsible for ensuring your use of the App complies with all applicable healthcare laws and regulations, including HIPAA, state privacy laws, and professional licensing requirements.

6. Privacy and Data

Your use of the App is subject to our Privacy Policy, which describes how we collect, use, and protect your information. The App processes Protected Health Information (PHI) in accordance with HIPAA requirements and our Business Associate Agreement with your healthcare organization.

7. Updates and Changes

Carebrain may provide updates, patches, or new versions of the App from time to time. Such updates may be required for you to continue using the App. We may also modify, suspend, or discontinue any aspect of the App at any time without liability.

8. Term and Termination

This Agreement is effective until terminated. Your license to use the App will terminate automatically if you fail to comply with any term of this Agreement. Upon termination:

  • You must cease all use of the App
  • You must delete all copies of the App from your devices
  • Provisions that by their nature should survive termination shall survive

Carebrain may terminate this Agreement and your access to the App at any time, with or without cause, with or without notice.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CAREBRAIN DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
  • WARRANTIES OF NON-INFRINGEMENT
  • WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT

CAREBRAIN DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAREBRAIN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • ANY LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL
  • ANY CLINICAL DECISIONS OR PATIENT OUTCOMES
  • ANY DAMAGES ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT

CAREBRAIN'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID FOR THE APP DURING THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE THOUSAND DOLLARS ($1,000).

11. Indemnification

You agree to indemnify, defend, and hold harmless Carebrain and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the App
  • Your violation of this Agreement
  • Your violation of any third-party rights
  • Your clinical decisions or professional activities
  • Any claims by patients or third parties related to your healthcare services

12. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising from this Agreement shall be resolved in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction of such courts.

13. General Provisions

  • Entire Agreement: This Agreement, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and Carebrain regarding the App.
  • Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver: Failure to enforce any provision of this Agreement does not constitute a waiver of that provision.
  • Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement without restriction.

14. Contact Information

If you have questions about this EULA, please contact:

Carebrain, Inc.
Email: legal@carebrain.com
Website: www.carebrain.com

15. Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.