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App Terms and Conditions

Effective Date: January 1, 2025

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your use of the Carebrain mobile application (the "App"). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree with any part of these Terms, you must not download, install, or use the App. If you are using the App on behalf of a healthcare organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of the App

The Carebrain App is a healthcare technology platform designed for post-acute and long-term care (PALTC) providers. The App includes:

  • AI-powered medical scribe functionality for clinical documentation
  • Telehealth/video visit capabilities
  • EHR integration and clinical workflow tools
  • Billing and coding assistance
  • Patient management features

3. Account Registration and Security

To use the App, you must create an account and provide accurate, complete information. You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Immediately notifying Carebrain of any unauthorized use of your account
  • Ensuring your account information remains current and accurate

4. License Grant

Subject to your compliance with these Terms, Carebrain grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control, solely for your authorized professional purposes.

You may not:

  • Copy, modify, or distribute the App
  • Reverse engineer, decompile, or disassemble the App
  • Rent, lease, lend, sell, or sublicense the App
  • Remove any proprietary notices or labels on the App
  • Use the App for any illegal or unauthorized purpose

5. Protected Health Information (PHI)

The App processes Protected Health Information (PHI) as defined under HIPAA. You acknowledge that:

  • You will only access PHI as necessary for legitimate clinical or operational purposes
  • You will comply with all applicable privacy and security requirements
  • You will immediately report any suspected security incidents or breaches
  • Your organization has entered into a Business Associate Agreement with Carebrain

6. AI-Generated Content and Clinical Responsibility

THE APP USES ARTIFICIAL INTELLIGENCE TO ASSIST WITH CLINICAL DOCUMENTATION. YOU ACKNOWLEDGE AND AGREE THAT:

  • AI-generated content is provided as a draft and requires your professional review
  • You are solely responsible for the accuracy and completeness of all clinical documentation
  • The App does not replace professional medical judgment
  • You must verify all AI-generated diagnoses, codes, and clinical content before finalizing
  • Carebrain is not responsible for clinical decisions or patient outcomes

7. Telehealth Services

If you use the App's telehealth features, you acknowledge that:

  • You are responsible for ensuring telehealth is appropriate for each patient encounter
  • You must comply with all applicable telehealth laws and regulations in your jurisdiction
  • Technical limitations may affect the quality of telehealth services
  • You maintain appropriate malpractice insurance coverage for telehealth services

8. HIPAA Business Associate Agreement

To the extent that Carebrain processes, stores, or transmits Protected Health Information ("PHI") on behalf of a Covered Entity through the App, the following Business Associate Agreement ("BAA") provisions shall apply:

8.1 Definitions

Terms used but not otherwise defined shall have the same meaning as those terms in HIPAA and the HITECH Act. "Covered Entity" means the healthcare provider or organization using the App. "Business Associate" means Carebrain, Inc.

8.2 Obligations of Business Associate

Business Associate agrees to:

  • Not use or disclose PHI other than as permitted by this Agreement or as required by law
  • Implement appropriate administrative, physical, and technical safeguards to protect PHI
  • Comply with the Security Rule with respect to electronic PHI
  • Report any unauthorized use, disclosure, or security incident within 72 hours of discovery
  • Ensure subcontractors agree to the same restrictions and conditions
  • Make PHI available to individuals as required by the Privacy Rule
  • Make PHI available for amendment as directed by Covered Entity
  • Document and account for disclosures as required by HIPAA
  • Make practices and records available to the Secretary of HHS
  • Return or destroy PHI upon termination, where feasible

8.3 Permitted Uses and Disclosures

Business Associate may use and disclose PHI only to: (a) perform services under this Agreement; (b) for proper management and administration of Business Associate; (c) to provide data aggregation services relating to Covered Entity's healthcare operations; and (d) as required by law.

8.4 Breach Notification

Business Associate shall notify Covered Entity of any breach of unsecured PHI without unreasonable delay and no later than 60 days following discovery. Notification shall include identification of affected individuals and other information required by HIPAA.

8.5 Term and Termination

This BAA is effective upon first use of the App and terminates when all PHI is destroyed or returned. Either party may terminate upon material breach if cure is not possible or breach is not cured within 30 days of notice.

9. Fees and Payment

Access to certain features of the App may require payment of fees as set forth in a separate subscription or service agreement between Carebrain and your healthcare organization. Individual users should contact their organization regarding billing matters.

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CAREBRAIN DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE APP IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAREBRAIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

CAREBRAIN'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT PAID BY YOUR ORGANIZATION TO CAREBRAIN DURING THE TWELVE MONTHS PRECEDING THE CLAIM, OR $1,000, WHICHEVER IS GREATER.

CAREBRAIN IS NOT LIABLE FOR ANY CLINICAL DECISIONS, PATIENT OUTCOMES, OR DAMAGES ARISING FROM THE USE OF AI-GENERATED CONTENT.

12. Indemnification

You agree to indemnify, defend, and hold harmless Carebrain, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your clinical decisions or patient care.

13. Termination

Carebrain may terminate or suspend your access to the App immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the App will immediately cease.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Delaware.

15. Changes to Terms

Carebrain reserves the right to modify these Terms at any time. Material changes will be communicated through the App or by email. Your continued use of the App after changes become effective constitutes acceptance of the new Terms.

16. Contact Information

For questions about these Terms, please contact:

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