Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MedChartMax ("we," "us," or "our") governing your access to and use of the MedChartMax medical documentation platform, including all software, services, features, and content (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such notification constitutes acceptance of the modified Terms.

2. Service Description

MedChartMax provides AI-powered medical documentation assistance to healthcare providers. The Service:

• Processes patient encounter summaries to generate standardized medical documentation
• Utilizes AWS Bedrock for AI-powered natural language processing
• Supports multiple medical specialties and documentation formats (SOAP, H&P, Progress Notes)
• Allows customization through user-uploaded templates, rules, and examples
• Generates documentation for copy-paste integration into Electronic Medical Records (EMR)

Important: The Service is a documentation tool only. All generated content must be reviewed, verified, and approved by the healthcare provider before incorporation into patient medical records.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use the Service, you must:

• Be a licensed healthcare provider authorized to create medical documentation in your jurisdiction
• Be at least 18 years of age
• Have the legal authority to enter into these Terms
• Not be barred from using the Service under applicable law

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Providing accurate, current, and complete information during registration

3.3 Business Associate Agreement

By registering for an account, you acknowledge that you have read and agreed to the Business Associate Agreement (BAA), which is incorporated into these Terms by reference. The BAA governs our handling of Protected Health Information (PHI) and our obligations under HIPAA.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service solely for:

• Generating medical documentation for your own clinical practice
• Creating documentation for patients under your direct care
• Uploading templates, rules, and examples for your personal documentation preferences

4.2 Prohibited Uses

You may NOT use the Service to:

• Generate documentation for patients not under your direct care
• Create false, misleading, or fraudulent medical records
• Share your account credentials with others
• Attempt to reverse engineer, decompile, or extract the underlying AI models or algorithms
• Use the Service for any unlawful purpose or in violation of applicable regulations
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Use automated systems (bots, scrapers) to access the Service without authorization
• Upload malicious code, viruses, or any harmful content

4.3 Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, including but not limited to HIPAA, state medical practice acts, billing and coding regulations, and professional medical ethics standards.

5. HIPAA Obligations

5.1 Your Responsibilities as Covered Entity

As a healthcare provider using the Service, you are a Covered Entity under HIPAA. You are responsible for:

• Determining what constitutes the "minimum necessary" PHI for documentation purposes
• Ensuring you have appropriate patient authorization to use PHI with the Service
• Reviewing and verifying all generated documentation before incorporation into medical records
• Maintaining appropriate safeguards for PHI on your devices and systems
• Reporting any security incidents or breaches to us immediately

5.2 Our Responsibilities as Business Associate

MedChartMax acts as your Business Associate and is bound by the Business Associate Agreement. We are responsible for:

• Implementing appropriate technical and organizational safeguards for PHI
• Using PHI only for permitted purposes (note generation and service improvement)
• Reporting security incidents within 24 hours of discovery
• Maintaining audit logs for 7 years for compliance purposes
• Ensuring our subcontractors (AWS) maintain HIPAA compliance

5.3 Breach Notification

In the event of a breach of unsecured PHI, we will notify you within 24 hours as required by our BAA. You remain responsible for determining whether the breach requires notification to affected individuals and the Department of Health and Human Services (HHS).

6. Payment Terms

6.1 Subscription Plans

MedChartMax offers the following subscription plans:

• Basic Plan: $20/month - 100 notes per month
• Max Plan: $100/month - 500 notes per month
• Max Pro Plan: $200/month - 1,000 notes per month

All plans include:

• Email support
• Upload custom templates
• Create custom rules
• Upload supporting documentation (past notes or current encounters)
• Request edits to generated notes

6.2 Billing and Payment

Payment terms:

• All subscriptions are billed in advance — monthly or annually, per the billing interval you select — via our third-party payment processor
• You authorize us to charge your payment method on file for recurring subscription fees
• Subscription fees are non-refundable except under the 30-Day Money-Back Guarantee for annual plans (Section 6.3) or as required by law
• If payment fails, we may suspend your access until payment is received
• You are responsible for all taxes associated with your subscription

6.3 30-Day Money-Back Guarantee (Annual Plans)

If you cancel an annual subscription within 30 days of your initial annual purchase, we will refund your annual payment minus one month of service at the standard monthly rate (currently $299 USD) — as if you had subscribed for a single month and then canceled. The guarantee applies once per customer, to your first annual purchase only, and does not apply to renewals.

Monthly subscription fees are non-refundable. Canceling a monthly plan stops future renewals, and your access continues through the end of the period you have already paid for.

The guarantee does not apply to accounts suspended or terminated for violations of these Terms, including the Acceptable Use Policy in Section 4.

6.4 Plan Changes and Cancellation

You may:

• Upgrade your plan at any time; changes take effect immediately with prorated billing
• Downgrade your plan; changes take effect at the next billing cycle
• Cancel your subscription at any time; access continues until the end of the current billing period

6.5 Price Changes

We reserve the right to modify subscription pricing with 30 days' notice. Price changes will not affect your current billing cycle. If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.

7. Intellectual Property Rights

7.1 MedChartMax Intellectual Property

The Service, including all software, algorithms, user interfaces, designs, logos, and content (excluding User Content), is owned by MedChartMax and is protected by copyright, trademark, patent, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for the purposes described in these Terms. You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

7.2 User Content Ownership

You retain all ownership rights to content you create using the Service, including:

• Generated medical notes and documentation
• Custom templates, rules, and examples you upload
• Patient encounter summaries and input data

By using the Service, you grant us a limited license to process your content solely for the purpose of providing the Service to you. We do not claim ownership of your medical documentation or patient data.

7.3 Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, royalty-free license to use that feedback for any purpose, including improving the Service, without compensation to you.

8. Disclaimers

8.1 NO MEDICAL ADVICE

8.2 "AS IS" AND "AS AVAILABLE"

8.3 AI-Generated Content

The Service uses artificial intelligence to generate medical documentation. While we strive for accuracy, AI-generated content may contain errors, omissions, or inaccuracies. You are solely responsible for reviewing, editing, and verifying all generated content before use. We make no guarantee that AI-generated documentation will meet your specific clinical or professional requirements.

9. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless MedChartMax, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including intellectual property or privacy rights
• Medical malpractice claims arising from your clinical practice or use of generated documentation
• HIPAA violations arising from your handling of PHI
• Any content you submit, upload, or generate using the Service

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through your account settings
• Contacting our support team at support@medchartmax.com

Upon termination by you, your access will continue until the end of your current billing period. No refunds will be issued for partial billing periods, except as provided by the 30-Day Money-Back Guarantee for annual plans (Section 6.3).

11.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You violate these Terms or the Acceptable Use Policy
• Your payment method fails or your account is past due
• We suspect fraudulent, abusive, or illegal activity
• You lose your medical license or authorization to practice
• Required by law or regulatory authority

11.3 Effect of Termination

Upon termination of your account:

• Your access to the Service will immediately cease
• Your custom templates, rules, and examples will be deleted within 90 days
• Audit logs will be retained for 7 years as required by HIPAA
• Any outstanding fees will become immediately due and payable
• Sections of these Terms that by their nature should survive (indemnification, limitation of liability, dispute resolution) will remain in effect

Important: You are responsible for exporting any documentation or data you wish to retain before terminating your account. We are not responsible for any data loss resulting from account termination.

12. Dispute Resolution

12.1 Informal Resolution

Before filing any legal action, you agree to first contact us at support@medchartmax.com to attempt to resolve the dispute informally. We commit to working with you in good faith to reach a mutually agreeable resolution.

12.2 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of such courts.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration against MedChartMax.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Business Associate Agreement and Privacy Policy, constitute the entire agreement between you and MedChartMax regarding the Service and supersede all prior agreements, understandings, and communications.

13.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending you an email notification
• Displaying a prominent notice in the Service

Your continued use of the Service after such notification constitutes acceptance of the modified Terms. If you do not agree to the modifications, you must discontinue use of the Service.

13.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13.4 No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of MedChartMax.

13.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

13.6 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service provider failures.

13.7 Third-Party Services

The Service integrates with the following third-party services to provide our platform:

• Payment Processing: Stripe (subject to Stripe's Terms of Service and Privacy Policy )
• AI Infrastructure: AWS Bedrock (subject to AWS Customer Agreement )
• Database: Neon PostgreSQL (subject to Neon Terms of Service )
• Authentication: NextAuth.js (open-source authentication solution)

We are not responsible for the content, privacy practices, or terms of service of any third-party services. Your use of third-party services is at your own risk. By using MedChartMax, you acknowledge that your data may be processed by these third-party providers in accordance with their respective terms and privacy policies.

We reserve the right to change third-party service providers at any time without notice. Updated provider information will be maintained in this section. Material changes to third-party providers that affect how your data is processed will be communicated via email notification.

14. Contact Information

If you have questions about these Terms of Service, please contact us: