Terms of Service
These Terms of Service ("Terms" or "Agreement") govern your access to and use of the Scribbix platform and services provided by ScribbixAi LLC ("Scribbix," "we," "our"). By subscribing to or using Scribbix, you ("Customer," "you") agree to these Terms.
1. Services
1.1 Description
Scribbix provides an AI-powered ambient clinical documentation platform designed for oral and maxillofacial surgery, periodontics, endodontics, and related surgical dental specialties. Services include ambient transcription of clinical encounters, automated generation of clinical notes and operative reports, billing code inference (CDT, ICD-10, CPT), referral letter generation, and integration with practice management systems.
1.2 Service Availability
Scribbix shall use commercially reasonable efforts to maintain platform availability. For on-premise deployments, availability is dependent on the Customer's local hardware and network infrastructure. Scribbix does not guarantee uninterrupted or error-free service.
1.3 Clinical Responsibility
Scribbix generates draft clinical documentation for review and approval by licensed healthcare providers. All AI-generated notes, codes, and reports are suggestions only. The subscribing healthcare provider is solely responsible for reviewing, editing, and approving all clinical documentation before it becomes part of the patient record. Scribbix is not a medical device and does not provide medical advice, diagnosis, or treatment.
2. Subscription and Payment
2.1 Subscription Plans
Scribbix is offered on a monthly subscription basis. Current pricing is available at scribbixai.com/pricing or as quoted in a written proposal. Scribbix reserves the right to modify pricing upon 30 days' written notice.
2.2 Payment
Subscription fees are billed monthly in advance via the payment method on file. Payment is due upon receipt of invoice. Late payments may incur a fee of 1.5% per month or the maximum rate permitted by law, whichever is lower.
2.3 Taxes
All fees are exclusive of applicable taxes. Customer is responsible for all taxes, duties, and assessments arising from this Agreement, excluding taxes on Scribbix's net income.
3. Customer Obligations
- Ensure all users are authorized by the practice to access and use Scribbix.
- Obtain any required patient consents for audio recording and AI-assisted documentation, as required by applicable state and federal law.
- Review and approve all AI-generated clinical documentation before finalizing it in the patient record.
- Maintain the security of login credentials and promptly notify Scribbix of any unauthorized access.
- Provide accurate billing and contact information.
- For on-premise deployments, maintain hardware and network infrastructure meeting Scribbix's minimum specifications.
4. Intellectual Property
4.1 Scribbix IP
Scribbix retains all rights, title, and interest in and to the Scribbix platform, software, AI models, algorithms, and all related intellectual property. This Agreement grants Customer a limited, non-exclusive, non-transferable license to use the platform during the subscription term.
4.2 Customer Data
Customer retains all rights to its data, including all clinical documentation and patient information. Scribbix claims no ownership of Customer's data. Upon termination, Customer's data will be handled in accordance with the BAA.
5. Confidentiality
Each Party agrees to maintain the confidentiality of the other Party's Confidential Information and to use it only for the purposes of performing under this Agreement. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.
6. Limitation of Liability
6.1
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCRIBBIX'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO SCRIBBIX DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
6.2
IN NO EVENT SHALL SCRIBBIX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY.
6.3
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO BREACHES OF CONFIDENTIALITY OBLIGATIONS OR INDEMNIFICATION OBLIGATIONS.
7. Indemnification
7.1
Scribbix shall indemnify Customer against third-party claims alleging that the Scribbix platform infringes any U.S. patent, copyright, or trademark.
7.2
Customer shall indemnify Scribbix against third-party claims arising from (a) Customer's use of the platform in violation of these Terms; (b) Customer's failure to obtain required patient consents; or (c) Customer's clinical decisions based on AI-generated documentation.
8. Term and Termination
8.1 Term
This Agreement begins on the date Customer first accesses the Scribbix platform and continues on a month-to-month basis until terminated.
8.2 Termination for Convenience
Either Party may terminate this Agreement at any time with thirty (30) days' written notice. No refunds will be issued for partial months.
8.3 Termination for Cause
Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches this Agreement and fails to cure such breach within fifteen (15) days of written notice.
8.4 Effect of Termination
Upon termination: (a) Customer's access to the platform will be discontinued; (b) all PHI will be handled in accordance with the BAA; (c) Customer shall pay all fees accrued through the date of termination.
9. Warranties and Disclaimers
9.1
Scribbix warrants that it will provide services in a professional and workmanlike manner consistent with industry standards.
9.2
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SCRIBBIX PROVIDES THE PLATFORM "AS IS" AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.3
Scribbix does not warrant that AI-generated output will be free from errors. Customer acknowledges that all output requires clinical review and approval by a licensed provider.
10. General Provisions
- Governing Law: This Agreement shall be governed by the laws of the State of Utah, without regard to conflict of laws principles.
- Dispute Resolution: Disputes shall be resolved through binding arbitration in Utah County, Utah, in accordance with the rules of the American Arbitration Association.
- Assignment: Neither Party may assign this Agreement without the prior written consent of the other Party, except in connection with a merger, acquisition, or sale of substantially all assets.
- Severability: If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect.
- Entire Agreement: This Agreement, together with the BAA and any written Order Form, constitutes the entire agreement between the Parties.
- Amendments: Scribbix may update these Terms with 30 days' written notice. Continued use of the platform after the effective date constitutes acceptance.
BY SUBSCRIBING TO OR USING SCRIBBIX, CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.