Terms of Use

Terms and Conditions of Sale and Service

Link to Current Terms: https://jotpsych.com/terms-of-use

Version last updated on January 15, 2024

The Terms and Conditions of Sale and Service, together with the Privacy Policy, form a contract (“Contract”) between SmartScribe Corp, a Delaware corporation ("SmartScribe", “we”, “us”, or “our”) and you (referred to as “you”, “your”, or “Client”) for any use of our Services.

SmartScribe has developed a digital technology solution to process health data made available on affiliated websites, applications, and web extensions owned and operated by SmartScribe, hereinafter referred to as the "Services."

The Client is aware that the use of the Services must be carefully monitored by the Client regarding the legal and technical conditions for processing personal health data.

Please read the Contracts carefully and keep a copy of them for your reference. For information about our data practices, please see our Privacy Policy. By using our Services, you agree to these Terms and Conditions and to the Privacy Policy.

We reserve the right to modify these Terms and Conditions at any time and at our sole discretion. We invite you to check this page regularly for updates to these Terms and Conditions.

Definitions

For the purposes of this Contract:

Client (referred to as “you”, “your”, or “Client”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Company (referred to as either "the Company", "we", "us", “SmartScribe”, or "our" in this Agreement) refers to SmartScribe Corp, Delaware, USA.
Services refer to websites, applications, and web extensions owned and operated by SmartScribe.
‍Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.
User Account means a unique account created for you to access our Services or parts of our Services.

Your User Account

In order to use SmartScribe Services, you must create a User Account. In creating a User Account, you must provide SmartScribe with accurate information, in good faith, and you agree to keep your information up to date if changes occur. You must not provide false account registration information.

In order to create a User Account, you must be at least 18 years old or older, or of the age of majority in your local jurisdiction, whichever is higher, and legally capable of forming a binding contract with SmartScribe. SmartScribe does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.

If you use SmartScribe Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your User Account.

You may not assign or otherwise transfer your User Account to any other person or entity, whether free of charge or for consideration, without the prior written consent of SmartScribe.

You acknowledge that SmartScribe is not responsible for third-party access to your User Account that results from theft or misappropriation of your User Account.

Please contact SmartScribe immediately if you believe your User Account has been compromised.

SmartScribe and its associates reserve the right to refuse or cancel Services, terminate User Accounts, or remove or edit content in our sole discretion.

You shall acquire no rights to the Services, intellectual property or otherwise, other than those outlined by the Contract.

Privacy

Your use of SmartScribe’s Services is subject to SmartScribe's Privacy Policy. Please review our Privacy Policy, which also governs the Services and informs users of our data collection practices.

Electronic Communications

Using SmartScribe Services or sending emails to SmartScribe constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and via our Services satisfy any legal requirement that such communications be in writing.

Links to Third-Party Sites/Third-Party Services

SmartScribe Services may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SmartScribe and SmartScribe is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SmartScribe is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SmartScribe of the site or any association with its operators.

Certain Services may be delivered by a Service Provider. By using any SmartScribe Service you hereby acknowledge and consent that SmartScribe may share information and data with any third-party with whom SmartScribe has a contractual relationship to provide the requested product, service or functionality on behalf of SmartScribe users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use SmartScribe Services strictly in accordance with these Terms and Conditions.

As a condition of your use of the Services, you warrant to SmartScribe that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions.

You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

As a Client, you are responsible for all activity on your account. If you violate our Terms and Conditions, we may terminate the Client account.

SmartScribe remains the owner of the intellectual property rights relating to the Services.

All content included as part of the Services, such as software, code, text, graphics, logos, images, as well as the compilation thereof, is the property of SmartScribe or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, made available by the Services. SmartScribe content is not for resale.

Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use the protected content exclusively for professional purposes and for input into an electronic health record system, and will make no other use of the content without the express written permission of SmartScribe and the copyright owner..

You agree that you do not acquire any ownership rights to any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SmartScribe or our licensors except as expressly authorized by these Terms and Conditions.

International Users

The Services are controlled, operated and administered by SmartScribe from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SmartScribe Content accessed through our Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless SmartScribe, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including legal fees) relating to or arising out of your use of or inability to use the Services, any notes made by your User Account, your violation of any Terms and Conditions of this Contract, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. This indemnification also specifically includes, but is not limited to, any claims of malpractice brought against you, and any penalties or disciplinary action imposed by your employer due to poor job performance, violation of workplace rules, or other misconduct related to your use of the Services.

SmartScribe reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SmartScribe in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.

The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SmartScribe agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SMARTSCRIBE CORP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.

SMARTSCRIBE CORP AND/OR ITS SUPPLIERS PROVIDE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS PRIMARILY BASED ON ANECDOTAL EVIDENCE AND EXPERIENCES, WHICH SHOULD NOT BE INTERPRETED AS A GUARANTEE OR PREDICTIVE REPRESENTATION OF THE PERFORMANCE OR SUITABILITY FOR EACH USER. WHILE EFFORTS ARE MADE TO SHARE RELEVANT AND ACCURATE INFORMATION, THE RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SERVICES ARE NOT GUARANTEED OR WARRANTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SMARTSCRIBE CORP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT."

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTSCRIBE CORP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SMARTSCRIBE CORP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Termination/Access Restriction

SmartScribe reserves the right, at its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SmartScribe as a result of this agreement or use of the Services.

SmartScribe's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SmartScribe's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by SmartScribe with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SmartScribe with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SmartScribe with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms and Conditions

SmartScribe reserves the right, in its sole discretion, to change the Terms and Conditions under which Services are offered. The most current version of the Terms and Conditions will supersede all previous versions. SmartScribe encourages you to periodically review the Terms and Conditions to stay informed of our updates.

SmartScribe welcomes your questions or comments regarding the Terms and Conditions: info@smartscribe.health