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Terms & Conditions

TERMS OF SERVICE

You accept responsibility for the following terms and conditions by accessing and using WeDictate's services:

1. Defining Terms

The following terms and conditions are defined in these terms of service:

Terms of Service: Refers to the rules, provisions, and standards that govern the use of WeDictate's services.
Service: Refers to the transcription services provided by WeDictate.
User: Refers to any individual or entity accessing or using the WeDictate website and services.
WeDictate: Refers to WeDictate Inc., the provider of transcription services.
Protected Health Information (PHI): Refers to any individually identifiable health information created, transmitted, or maintained by WeDictate on behalf of a User, as defined under HIPAA.
HIPAA: Refers to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, including the Privacy Rule and Security Rule.
Business Associate Agreement (BAA): Refers to the legally required agreement between WeDictate and a Covered Entity governing the use and protection of PHI.

2. SERVICES

WeDictate provides transcription services to users according to their preferences and requirements. While we strive to maintain uninterrupted service, we cannot be held responsible for disruptions caused by factors beyond our control. We may record and retain audio recordings of calls for training and quality control purposes. Where audio recordings contain Protected Health Information (PHI), such recordings will not be used for internal training, product development, or any secondary purpose.

WeDictate uses artificial intelligence (AI) to perform transcription. AI processing of audio recordings and healthcare data will only commence after the User has explicitly accepted the AI consent agreement presented within the WeDictate mobile application. Users who do not accept the AI consent agreement will not be able to use the transcription features of the Service. AI-generated transcriptions are not a substitute for professional clinical judgment and must be reviewed and verified by the User before any clinical, billing, or operational use.

3. BILLING

3.1 INVOICING

Invoices are generated on a monthly billing cycle. Charges for recurring services are due in advance, while usage-based charges are billed in arrears. All calls are billed in sixty-second increments. Invoices are due within twenty-eight days of the invoice date. Additional charges may apply for postal mail delivery of invoices.

3.2 PAYMENTS

Payments must be received by WeDictate on or before the due date specified on the invoice. Late payments may incur additional fees. Accounts that are fifty-six days past due may be suspended or terminated without notice. Any disputes regarding charges must be raised within twenty-eight days of the statement date.

4. AUTHORIZATIONS

All services provided by WeDictate are subject to approval. We reserve the right to request security deposits or other forms of financial assurance from users.

5. TERMINATION AND TERM

WeDictate and the user's agreement will run month to month until either party gives the other twenty-eight days' written notice to terminate it. There won't be any refunds for work already completed.

Specifically:

  • Upon termination of the agreement, WeDictate will handle PHI in accordance with the applicable Business Associate Agreement and HIPAA requirements.
  • Upon a verified deletion request, WeDictate will deactivate the associated account. Any data destruction beyond account deactivation will be handled on a case-by-case basis in coordination with the Covered Entity.

6. NOTICE

Regarding the precision, promptness, or security of its services, WeDictate offers no warranties. The services are used at the users' own risk.

7. Disclaimer of Warranties

WeDictate provides its Services on an "as is" and "as available" basis. Regarding the precision, promptness, or security of its Services, WeDictate offers no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Services are used at the User's own risk. WeDictate does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. AI-generated transcriptions are provided without warranty of accuracy or completeness and must be independently verified by the User before clinical or operational use.

8. PRIVACY

WeDictate is committed to protecting user privacy and data security. We only use collected information as necessary to provide services and as permitted by law. WeDictate processes PHI in accordance with HIPAA and its implementing regulations. Our full privacy practices are described in our Privacy Policy at wedictate.org/privacy-policy.

9. CONFIDENTIALITY

Both parties agree not to disclose confidential information without written consent from the other party, except as required by law. With respect to PHI, the following specific confidentiality obligations apply in addition to the general obligations above:

  • Access Controls: WeDictate restricts access to PHI to only those personnel and systems with a legitimate need, enforced through role-based access controls.
  • Subcontractors: WeDictate will ensure that any subcontractors or agents who receive PHI on its behalf agree to the same restrictions and conditions with respect to PHI as apply to WeDictate under these Terms and the applicable BAA.
  • User Obligations: Users are responsible for maintaining the confidentiality of their account credentials and for ensuring that access to PHI through their account is limited to authorized individuals only.

10. MISCELLANEOUS

10.1 REVISIONS

WeDictate may revise these Terms of Service from time to time. Users will be notified of revisions, and they have twenty-eight days to raise any objections. Failure to object will be considered acceptance of the revisions.

10.2 DISPUTE RESOLUTION

Any disputes arising from these Terms of Service shall be governed by the laws of the State of Nevada. Both parties agree to resolve any disputes through arbitration.

10.3 RIDER

Any provision of these Terms of Service that is not enforced shall not be deemed waived.

10.4 ENTIRE AGREEMENT

These Terms of Service, together with the Privacy Policy and any applicable Business Associate Agreement, constitute the entire agreement between WeDictate and the User regarding the services provided.