This is an agreement entered into between you or the entity that you represent (hereinafter “You” or “Your”) and DIKTA INC S.R.L. (hereinafter “Dikta”, “Our”, “We” or “Us”) governing the use of Our AI medical record transcription platform (hereinafter “Parol” or “Platform”), including but not limited to the use of the Parol website, platform, mobile application, and related services (hereinafter the “Services”).
Our Platform utilizes cutting-edge automatic speech recognition and natural language processing technologies to generate medical record notes from audio of doctor-patient conversations. By engaging with the Platform as a user, You expressly acknowledge and consent to the adherence of the stipulated Terms and conditions (“Terms”). These Terms constitute a binding agreement that governs Your use of the Platform and its associated Services. If You do not agree with these Terms, do not access or use the Platform or the Services.
- General conditions, account, access and use
1.1. Subject to the stipulations set forth in these Terms, You are granted access to use the Platform and the Services solely for Your internal business purposes as envisaged herein. You are expressly prohibited to engage in the following actions: (a) license, sublicense, vend, resell, lease, rent, transfer, assign, distribute, time-share, or otherwise engage in commercial exploitation of the Platform and/or Services, except as explicitly provided by these Terms; (b) employ the Platform and/or Services to process data on behalf of any third party; (c) employ the Platform and/or the Services in any manner contravening the law or causing disruption to the integrity or functionality of the Platform and/or the Services and their constituent components; (d) retain sensitive information pertaining to third parties.
1.2. Subject only to the limited right to access and use the Platform and/or the Services expressly granted to You under these Terms, all rights, title and interest in and to the Platform and/or the Services and its components will remain with and belong exclusively to Us. You shall not modify, alter, customize, manipulate, adapt or hack the Platform and/or the Services to falsely imply any sponsorship or association with Us, or otherwise attempt to gain unauthorized access to the Platform and/or the Services or its related systems or networks.
1.3. In order to use Our Platform and/or Services, the establishment of an account is essential. When initiating and upholding Your account, the continual provision of precise, complete, and accurate information, including a valid email address, is mandatory. Notably, You bear full accountability for Your account and all activities conducted via the account, including for any harm or damage—whether to Us or any other entity—arising from unauthorized utilization of Your account by any third party without Your authorization. Transferring ownership of Your account to another party or utilizing someone else’s account is expressly prohibited. In the event that You contact Us seeking access to an account, such access will only be granted upon Your successful provision of the necessary information substantiating Your rightful ownership of said account. In case of user death or Lite account inactivity for a continuous period of three (3) months, We will deactivate and close the corresponding account.
1.4. Sharing Your account login credentials with any other individual is prohibited. You retain accountability for all activities conducted through Your account, and We shall refrain from involving ourselves in conflicts between You and any third party to whom You may have allegedly shared Your account login credentials. Should You become aware of unauthorized usage of Your account or suspect any security breach, it is incumbent upon You to promptly notify Us. In such cases, We may request specific information from You to verify Your ownership of the account.
1.5. It is incumbent upon You to uphold the confidentiality of Your login credentials, password, and account, and You are solely accountable and liable for the activity conducted under Your login or account. We will access Your account only upon your request or with your consent to address Your technical support queries or undertake account management tasks.
1.6. Usage limitations are applicable to the Platform and/or Services, including: (a) access to the Platform and/or the Services is limited to a single user; (b) transmission of a user’s password to any other parties is strictly prohibited; and (c) the specific allocation of usage rights and the quota for medical record notes is provided upon within the relevant section of these Terms. Should You desire to modify Your subscription to gain expanded access to additional usage rights and a higher allocation of medical record notes per month, please follow the steps provided in Article 3.
1.7. All data created or transmitted by You and stored on Our servers as part of the Platform and/or the Services shall at all times be owned by You. You are at all times responsible for ensuring, in the relationship with the patients and other third parties who attend your medical discussions with the patients, that We are entitled to process the data via the Platform or when performing the Services. Upon processing of the transferred data, We will make Your data and medical record notes available to You for export or download for 30 days as provided in these Terms. We will have no obligation to maintain or provide Your medical record notes after 30 days of the recording of the doctor-patient conversation and the solicitation of issuance of the medical record notes.
1.8. You acknowledge that the technological processing and transfer of the Platform and/or Services, encompassing Your content, may entail (a) transmissions across diverse networks; (b) adjustments to align and harmonize with the technical specifications of connecting networks or devices; and (c) transfer to Our third-party vendors and hosting partners to facilitate the provision of essential hardware, software, networking, storage, and associated technology indispensable for the operation and sustenance of the Platform and/or the Services. You are exclusively responsible for ensuring sufficient security and safeguarding for, and for creating backups for, Your content. We do not undertake any liability towards You for instances of unauthorized access or utilization of Your content, or for any instances of data corruption, deletion, destruction, or loss affecting Your content.
1.9. Our failure to exercise or enforce any right or stipulation within these Terms shall not signify a waiver of that particular right. You recognize that these Terms constitutes a legally binding agreement between You and Dikta, despite its electronic nature and the absence of physical signatures from both parties. This Terms governs Your use of the Platform and/or Services and supersedes any previous arrangements between You and Dikta in relation to the subject-matter herein.
1.10. We retain the privilege to use Your name and/or company name as a point of reference for marketing or promotional purposes on Our website and in other forms of communication with both current and potential customers. If You wish to abstain from granting Us this right, kindly communicate Your decision by sending an email to [email protected], indicating Your preference not to be featured as a reference.
- Acceptable Use
2.1. You may only use the Platform and/or Services as a practicing licensed medical professional generating notes from discussions with Your patients for purposes of medical documentation and patient care. You are solely responsible for obtaining any required consents from patients to record consultations and use the Platform and/or Services.
2.2. The Platform and/or Services are intended to assist with medical note taking. You must review and edit the output of the Platform and/or Services before finalizing medical records. You remain fully responsible for the accuracy and completeness of all medical documentation. We are not and cannot be held accountable or liable in relation to the medical notes generated as a result of a medical consultation.
2.3. You will not use the Platform and/or Services for any unlawful or unauthorized purpose. Unauthorized activities include but are not limited to violations of privacy rights, medical ethics, and healthcare regulations.
3.1. Audio Recordings
The Platform temporarily stores audio recordings only for the duration required to generate the medical record notes, but no more than 30 days after the recording is made. We do not retain copies of audio recordings on Our servers. You are responsible for preventing unauthorized access to recordings until deletion.
3.2. Storage and Security
Medical record notes generated by the Platform and the Services are stored in Your user account for 30 days, after which such will be deleted. You are responsible for downloading or otherwise backing up the medical record notes. We maintain administrative, technical, and physical safeguards designed to protect information stored on or transmitted through the Platform and/or the Services. However, no method of electronic storage is completely secure. We do not guarantee absolute security.
3.3. Lite subscription
Should You be granted access to the Platform and/or the Services, You will be allowed the right to generate up to 15 medical record notes per week. It is important to note that this subscription encompasses exclusively the stated services and does not encompass any supplementary provisions. You are solely accountable for the judicious utilization of the Platform and/or the Services.
3.4. Plus subscription
Upon receipt of Your application, the granting of access to the Plus subscription will be completed within a maximum period of 48 hours. Subsequent to the allocation of access to the Plus subscription, an invoice for the initial month will be sent to Your provided email address. A timeframe of 5 (five) days from the invoice’s receipt is provided for the settlement of the invoice. Failure to fulfill this payment obligation will lead to the immediate suspension of Your access to the Platform and/or the Services.
With the exception of the initial month, during which the invoice is dispatched subsequent to access being granted to the Platform and/or Services, the succeeding invoices will be dispatched on a monthly basis with five (5) days before the expiry of the subscription period for the preceding month, and are due for payment until the first day of the next subscription period. We may ask You to provide evidence of the invoice payment. Failure to pay or to provide substantiating proof of payment will result in the suspension/deactivation of Your access to the Platform and/or Services upon the expiration of the last month’s subscription until payment is recorded or proof of payment is provided.
Under the Plus subscription, You will be allowed to generate a maximum of 70 medical record notes per week. Should You necessitate guidance in configuring or using the Platform and/or the Services, We will offer assistance to the best of Our capacity and availability.
- Intellectual Property
4.1. The Platform and/or the Services, as well as all associated software, algorithms, text, graphics, files, systems, and content, are protected by copyright, trademark, and other applicable regulations in both Romania and foreign jurisdictions. Apart from the explicit provisions stated in the Terms, Dikta, along with its suppliers and licensors, possesses complete ownership over the Platform and/or the Services, as well all associated software, algorithms, text, graphics, files, systems, and content, encompassing all interconnected intellectual property rights. You are prohibited from eliminating, modifying, or concealing any notices pertaining to copyrights, trademarks, service marks, or other indications of proprietary rights that are integrated within or accompany the Platform and/or the Services.
4.2. Any software that Dikta may provide in connection with the Platform and/or the Services contains confidential and proprietary information that is protected by relevant intellectual property and other governing laws. Subject to the stipulations within this Terms, Dikta hereby confers upon You a personal, non-transferable, non-sublicensable, and non-exclusive right and license to employ the Platform and/or the Services on a singular device. This permission is granted with the understanding that You shall not (and shall not allow any third party to), copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer, any rights pertaining to the Platform and/or the Services. It is agreed that You will exclusively access the Platform and/or the Services through the interface provided by Dikta for this purpose, refraining from using alternative methods. All rights not expressly outlined herein are reserved, and no authorization or entitlement to use any trademarks owned by Dikta or any third party is granted to You in relation to the Platform and/or the Services. Your permitted use of the Platform and Services does not grant you any ownership or license to the Platform or Services other than as provided herein.
4.3. Any input, feedback, comments, or suggestions You offer regarding Platform and/or the Services is entirely voluntary, and We retain the liberty to use such as We deem suitable, without being obligated to You in any manner. You hereby grant upon Dikta a non-personal, non-transferable, non-sublicensable, and non-exclusive right and license to use the input, feedback, comments, or suggestions You provided at Our discretion.
4.4. While using the Platform and/or the Services, You are prohibited from engaging in the following activities:
- Access, tamper with, or use non-public sections of the Platform and/or Services (including content storage), Dikta’s computer systems, or the technical delivery systems provided by Dikta’s service providers.
- Disable, interfere with, or try to circumvent any of the features of the Platform and/or Services related to security or probe, scan, or test the vulnerability of any of Our systems.
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content of the Platform and/or the Services.
- Confidential Information
5.1. Through Your use of the Platform and/or the Services, both parties may gain access to each other’s confidential information. In the context of these Terms, “Confidential Information” pertains to any documented, machine-reproducible, or visual materials, regardless of whether they are marked as proprietary, confidential, or exhibit similar wording. This definition encompasses all data that is shared verbally or visually, and that a reasonable individual would recognize as sensitive based on the information’s nature and the context of its disclosure. Within this framework, Dikta’s Confidential Information encompasses a wide range of elements, including the content contained therein. This also extends to any software, whether in source code or executable form, documentation, pricing details, business strategies, techniques, processes, and outcomes of any tests assessing the performance of the Platform and/or the Services.
5.2. The definition of Confidential Information excludes information that: (a) becomes publicly known without any involvement of the receiving party; (b) was lawfully held by the receiving party prior to being disclosed; (c) is disclosed to the receiving party by a third party without any limitations on disclosure; or (d) is created independently by the receiving party, with documented evidence demonstrating this independent development.
5.3. Throughout the stated duration and for a period extending five (5) years following the conclusion or cessation of Your use of the Platform and/or the Services, You are prohibited from revealing Dikta’s Confidential Information to any third party or employing the Confidential Information of the other party for any purposes beyond those required for exercising Your rights and fulfilling Your obligations under these Terms. You are required to take all reasonable measures to prevent the unauthorized disclosure or distribution of the other party’s Confidential Information by Your employees or representatives, in accordance with the provisions of these Terms. However, You are expected to exert no less effort in safeguarding the other party’s Confidential Information of similar importance than You would for Your own Confidential Information. It is Your responsibility to ensure that any agents or subcontractors permitted to access any of Dikta’s Confidential Information are legally bound to adhere to the obligations outlined herein. Nonetheless, in cases where disclosure of Confidential Information is mandated by a governmental agency, the party making the disclosure must furnish the non-disclosing party with adequate advance notice of the agency’s request for the information. This provision enables the non-disclosing party to exercise any rights it might possess to contest or restrict the agency’s authority to obtain such Confidential Information.
6.1. You act as data controller, within the meaning of the EU General Data Protection Regulation no. 679/2016 (the “GDPR”), in relation to the processing of personal data of your patients and of other persons who attend the discussions with your patients. We act, when we provide the Platform and the Services, as your data processor, subject to the Data Processing Terms available on the Platform and incorporated by reference herein. You are solely responsible for all the processing activities conducted via the Platform or when performing Our Services as a data controller pursuant to the GDPR and other applicable data protection legislation.
- Representations and Warranties
- Disclaimer of Warranty
8.1. The Platform and/or the Services and all materials, information, products, software, programs, and services included in or accessible from the Platform and/or the Services are provided “as is” and “as available” without warranties of any kind. To the maximum extent permitted by law, Dikta expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement related to the Platform and/or the Services.
8.2. Dikta does not guarantee the Platform and/or the Services will be operational, accurate, complete, uninterrupted, secure, or error free. You use the Platform and/or the Services at Your own risk. Any materials or data downloaded or obtained through use of the Platform and/or the Services are at Your own discretion and risk. You will be solely responsible for any damage to Your computer systems, mobile devices, or data that results from use of the Platform and/or the Services.
- Limitation of Liability
9.1. In no event will Dikta be liable to You or any third party for any lost profits, lost data, costs of procurement, or for any indirect, incidental, special, consequential, or punitive damages arising from or related to these Terms or the Platform and/or the Services, including those arising from or relating to content made available on the Platform and/or the Services that is alleged to be defamatory, offensive, or illegal, even if Dikta has been advised of the possibility of such damages.
9.2. In no event will Dikta’s aggregate liability arising from or related to these Terms or the Platform and/or the Services exceed one hundred Euro (€100).
10.1. You agree to defend, indemnify, and hold harmless Dikta and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) arising from or related to: (a) Your access to, use of, or alleged violation of these Terms or the Platform and/or the Services; (b) any of Your content or provided data; (c) Your violation of any third-party rights, including any privacy rights; or (d) any harms caused to a third party arising from the foregoing. Dikta reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Dikta’s defense of such matter.
- Updating these Terms
11.1. Periodically, We may revise and amend these Terms to incorporate new practices or any amendments, and Dikta retains the exclusive prerogative, at its sole discretion, to alter and/or effect changes to these Terms at any moment. In the event of any substantial modification, We will inform You through noticeable means, which could involve sending an email notice to the address provided in Your account or posting a notification on Our Platform and/or Services.
11.2. Such amendments will come into effect on the day they are publicly posted, unless otherwise indicated. Should You choose to continue using Our Platform and/or Services following the implementation of changes, this action will signify Your acceptance of the revised Terms. Any updated Terms will take precedence over all previous versions and shall become applicable. If you do not agree to the amended Terms, you must discontinue using the Services immediately.
12.1. We may suspend or terminate Your access to the Platform at any time for any reason. Dikta shall not be liable to You or to any third party for any modification, price change, change in capacity or accessibility, suspension or discontinuance of the Platform and/or the Services. Dikta may limit Your use of the Platform and/or the Services for any reason at all, in Dikta’s sole discretion. You agree that any termination or limitation of Your access to the Services may be without prior notice, and You agree that Dikta will not be liable to You or any third party for such change or termination. If Dikta terminates this Terms or Your access or use of the Platform and/or the Services due to Your breach of this Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms shall be in addition to any other remedies Dikta may have.
12.2. You may stop using the Platform and/or the Services at any time. However, any generated transcripts or other materials downloaded from the Platform and/or the Services remain subject to these Terms.
13.1. In the event that one or more of the provisions of this Terms shall be found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Terms shall not in any way be affected or impaired.
14.1. You may not assign these Terms without the prior written consent of Dikta.
14.2. We may assign or transfer these Terms, in whole or in part, without restriction, in the context of portfolio transactions and deals.
- Governing Law
15.1. This Terms is governed by the laws of Romania. In the event of any disputes arising between You and Dikta, initial efforts will be made to seek an amicable resolution. If achieving an amicable or alternative resolution for complaints, claims, or disputes proves unfeasible or consensus remains unattainable, the matter will be addressed by the competent courts in Bucharest, Romania.
- Entire Agreement
16.1. These Terms encompass the comprehensive agreement between You and Dikta in relation to Your access to and utilization of the Platform and/or Services. The absence of Dikta’s exercise or enforcement of specific rights or provisions within these Terms does not imply a waiver of those rights or provisions.
16.2. The parties acknowledge and agree that the Platform and/or the Services are provided by Us as an independent contractor and that nothing in this Terms shall be deemed to constitute a partnership, joint venture, agency or other subordinate relationship between the Parties.
- Contact Information
If You have any questions about these Terms or the Platform and/or the Services, please contact Dikta at: Dikta Ink S.R.L., having it’s address on 27th Frunzișului Street, Bucharest, Romania, [email protected].