1. Expert AI Service Overview
The Service enables users to record voice conversations during healthcare appointments, medical treatments and similar scenarios and transform them into transcribed notes that can be searched, edited, analyzed and shared.
Expert AI is not a healthcare provider. In providing the Service, Expert AI's role is limited to making certain technological and related services available to healthcare professionals, their colleagues and related third parties. Expert AI is not responsible for such healthcare providers' acts or omissions, or for any content of patients' or third parties' communications with them.
2. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
If you are an Organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms.
3. Accounts and Registration
3.1 General
To access most features of the Service, you must register for an account. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date. You are responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, notify us immediately at contact@experthealth.ai.
3.2 Authorized Users
If you are an Organization, you are responsible for identifying, authenticating, and controlling access by your Authorized Users. All activities under your Authorized Users' accounts are your responsibility.
If you received credentials from your Organization, your access is subject to the agreement between Expert AI and your Organization. Your Organization may terminate your access at any time. Expert AI will have no liability in connection with any such removal or termination.
If the email domain associated with your account is owned by an Organization that assigned it to you as an employee or contractor, we may migrate your account to the Organization's account and/or restrict or terminate your access.
When you join an Organization account, you acknowledge that all data under your account is owned by the Organization and Organization administrators have the right to access, disclose, restrict and remove information in your account, including data that predates when you joined.
4. General Payment Terms
Certain features of the Service may require you to pay fees. All fees are in U.S. Dollars and are non-refundable.
4.1 Price
Expert AI reserves the right to determine pricing for the Service. Expert AI may change the fees for any feature of the Service by giving you advance notice of changes before they apply.
4.2 Authorization
You authorize Expert AI and its third-party payment processors to charge all sums for the orders that you make and any level of Service you select, including all applicable taxes, to the payment method specified in your account.
4.3 Subscription Service
If you activate a Subscription Service, you authorize Expert AI or its third-party payment processors (or Apple/Google if subscribed through the mobile app) to periodically charge all accrued sums on a going-forward basis until cancellation. The subscription will automatically renew for equal periods unless you provide written notice 30 days in advance of expiry.
You must cancel your subscription before it renews to avoid billing. You may cancel via the settings page at Expert AI, through the Apple App Store, Google Play Store, or by contacting contact@experthealth.ai.
4.4 Delinquent Accounts
Expert AI may suspend or terminate access to the Service for any account for which any sums are due but unpaid. Delinquent accounts may be charged fees incidental to collection, including collection fees.
5. Licenses
5.1 Limited License
Subject to your complete and ongoing compliance with these Terms, Expert AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service on a device that you own or control; and (b) access and use the Service.
5.2 License Restrictions
You may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; or (d) access or use the Service in violation of any usage restrictions associated with the level of Service you have selected.
5.3 Feedback
If you provide input and suggestions regarding the Service ("Feedback"), you hereby grant Expert AI an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose.
6. Ownership; Proprietary Rights
The Service is owned and operated by Expert AI. All Materials included in the Service are the property of Expert AI or its third-party licensors and are protected by intellectual property and other laws. Except as expressly authorized by Expert AI, you may not make use of the Materials. Expert AI reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms
Expert AI may provide tools through the Service that enable you to export information to third-party services (e.g., Twitter, Facebook). By using these tools, you agree that Expert AI may transfer information to the applicable third-party service. Third-party services are not under Expert AI's control, and Expert AI is not responsible for any third-party service's use of your exported information.
The Service may also contain links to third-party websites. Expert AI is not responsible for their content.
8. User Content
8.1 User Content Generally
Certain features permit users to upload content to the Service, including voice recordings, audio recordings, data, text, photographs, and other types of works ("User Content"). As between you and Expert AI, you retain any copyright and other proprietary rights in the User Content that you post to the Service.
8.2 Voice Recordings
Laws regarding notice and consent requirements for recorded conversations vary by location. You are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any recordings as required under applicable law.
8.3 Limited License Grant to Expert AI
Customer retains all ownership rights to the User Content processed using the service. You grant Expert AI a worldwide, non-exclusive, royalty-free right and license to host, store, transfer, display, perform, reproduce, modify, export, process, transform, and distribute your User Content in any media formats and through any media channels. Once User Content has been permanently deleted from the user account, no record is retained.
8.4 License Grant to Users
By providing User Content to other users of the Service, you grant those users a non-exclusive license to access, use, modify, and distribute that User Content as permitted by these Terms and the functionality of the Service.
8.5–8.8 Content Disclaimers
Expert AI disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing it via the Service. Expert AI does not control User Content but may at any time screen, remove, edit, or block any User Content that violates these Terms. Expert AI reserves the right to monitor information transmitted or received through the Service for operational purposes.
8.9 Machine Learning
Expert AI shall have the right to collect and analyze data relating to the provision and use of the Service. The Service may use machine learning systems to generate statistics, calibrate data models, and improve algorithms. Nothing in these Terms gives you rights in or to any part of the Machine Learning generated in the course of providing the Service.
9. Communications
9.1 Text Messaging
By providing your mobile phone number and affirmatively opting in, you expressly consent to receive SMS text messages from Expert AI, including account notifications, service updates, appointment reminders, and customer support communications. Message and data rates may apply. Reply STOP to opt out; reply HELP for support. Expert Consultancy does not sell, rent, or share mobile phone numbers with third parties for their marketing purposes.
9.2 Push Notifications
When you install our app, you agree to receive push notifications. You can turn off notifications in your mobile device's settings.
9.3 Email
We may send you emails to notify you when User Content has been processed, or for other operational purposes. You may opt out of promotional emails by following the unsubscribe instructions in the email.
10. Prohibited Conduct
BY USING THE SERVICE, YOU AGREE NOT TO:
(a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;
(b) use the Service for the direct or indirect benefit of any third parties;
(c) use the Service in connection with any direct or indirect commercial purposes without authorization;
(d) harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
(e) violate, or encourage others to violate, any right of a third party, including any intellectual property or proprietary right;
(f) interfere with security-related features of the Service, including disabling access controls or attempting to discover source code;
(g) interfere with the operation of the Service or any user's enjoyment of it, including uploading malicious code or collecting personal information without consent;
(h) perform any fraudulent activity including impersonating any person or entity or accessing any other account without permission;
(i) sell or otherwise transfer the access granted under these Terms or any Materials; or
(j) attempt to do or assist any person in engaging in any of the above acts.
11. Digital Millennium Copyright Act
11.1 DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. §512). If you have an intellectual property rights-related complaint about material posted on the Service, contact our Designated Agent at:
Expert Consultancy Corporation
contact@experthealth.ai
Any DMCA notice must include: (a) a signature of the authorized representative; (b) a description of the copyrighted work; (c) a description of the allegedly infringing material and where it is located; (d) your contact information; (e) a statement of good faith belief; and (f) a statement under penalty of perjury that you are authorized to act.
11.2 Repeat Infringers
Expert AI will promptly terminate the accounts of users determined to be repeat infringers.
12. Modification of These Terms
We reserve the right to change these Terms on a going-forward basis at any time. If a change materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance; immaterial modifications are effective upon publication.
13. Term, Termination and Modification of the Service
13.1 Term
These Terms are effective beginning when you accept the Terms or first access or use the Service.
13.2 Termination
If you violate any provision of these Terms, your authorization to access the Service terminates automatically. Expert AI may also, at its sole discretion, terminate these Terms or your account at any time for any reason. You may terminate your account by contacting contact@experthealth.ai.
13.3 Effect of Termination
Upon termination: (a) your license rights will terminate; (b) you will no longer be authorized to access your account or the Service; (c) you must pay any unpaid amounts that were due prior to termination; and (d) all payment obligations accrued prior to termination survive.
13.4 Modification of the Service
Expert AI reserves the right to modify or discontinue the Service at any time, temporarily or permanently, without notice. Expert AI will have no liability for any change to or suspension of the Service.
14. Indemnity
To the fullest extent permitted by law, you will defend and indemnify Expert AI and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees, arising out of or connected with: (a) your unauthorized use or misuse of the Service; (b) your violation of any portion of these Terms; (c) your violation of any third-party right; (d) the nature or content of Data processed by the Service; or (e) any dispute between you and any third party.
15. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AND TRANSCRIPTIONS AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. EXPERT AI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.
EXPERT AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. EXPERT AI MAKES NO WARRANTY ABOUT THE COMPLETENESS OR ACCURACY OF ANY TRANSCRIPTION.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EXPERT AI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE.
THE AGGREGATE LIABILITY OF THE EXPERT AI ENTITIES TO YOU FOR ALL CLAIMS IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO EXPERT AI IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100.
17. Privacy and Information Security
17.1 Privacy Policy
Any User Content, data, recordings, and information you enter into or upload to the Service will be processed as described in the Expert AI Privacy Policy. Please read the Privacy Policy carefully.
17.2 Data Ownership
As between you and Expert AI, data that you enter into or upload to the Service is and will remain owned by you (or by your Organization, if you joined under an Organization account).
17.3 Aggregated Data
Expert AI may collect, create, process, and disclose aggregated and/or de-identified data derived from Data or use of the Services ("Aggregated Data") for its business purposes, including machine learning, benchmarking, and analytics. All Aggregated Data will be in an aggregated and/or de-identified form only and will not identify you.
17.4 Compliance
You are solely responsible for complying with any privacy and data protection laws applicable to Data or your use of the Service, including HIPAA, and for obtaining all rights and permissions required to provide the data and voice recordings under these Terms.
17.5 Information Security
Expert AI will employ commercially reasonable security measures designed to protect Data against unlawful or unauthorized access, use, alteration, or disclosure.
18. Dispute Resolution and Arbitration
18.1 Generally
Except as described below, you and Expert AI agree that every dispute arising in connection with these Terms will be resolved by binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. YOU AND EXPERT AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.2 Exceptions
Nothing in these Terms waives the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency; (c) seek injunctive relief in aid of arbitration; or (d) file suit to address an intellectual property infringement claim.
18.3 Opt-Out
You may opt out of arbitration within 30 days after agreeing to these Terms by sending a letter to: Expert Consultancy Corporation, 251 Little Falls Drive, Wilmington, DE 19808, Attention: Legal Department – Arbitration Opt-Out.
18.7 No Class Actions
YOU AND EXPERT AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19. Miscellaneous
19.1 General Terms
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, are the entire and exclusive understanding and agreement between you and Expert AI regarding your use of the Service. You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice or consent.
19.2 Governing Law
These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Expert AI submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Michigan for resolution of any lawsuit or court proceeding permitted under these Terms.
19.4 Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, or disclosures that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19.5 Contact Information
The Service is offered by Expert Consultancy Corporation. You may contact us at:
Questions about these Terms? Reach us at:
contact@experthealth.ai19.6 Notice to California Residents
If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.