1. Introduction
Welcome to SOAP Note AI. This website is owned and operated by Modi Labs LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions.

2. Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide, you agree to use these resources only for the purposes intended as permitted by the terms of this Agreement, and in a manner that abides by all applicable laws. Creating multiple accounts for the purpose of manipulating, abusing, or misrepresenting yourself or others on our website is strictly prohibited and constitutes a violation of this Agreement. Any violation may result in the termination of your access to the website.

3. Liability Limitations
Users are reminded that our service does not require any personally identifiable information or Protected Health Identifying Information to generate SOAP notes. SOAP NOTE AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, OR BUSINESS INTERRUPTION.  In no event shall SOAP NOTE AI, its officers, directors, employees, or agents be liable for any indirect, punitive, special, incidental, or consequential damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of or in any way connected with the use or inability to use the Service.

4. Changes and Termination of Services
SOAP Note AI reserves the right to cease operations at any time. Continued use of the Service following such changes constitutes your acceptance of the changes.

5. Use of Generated Content
SOAP Note AI provides templates for SOAP documentation and AI-generated content through features like Penny. However, the ultimate responsibility for the content of all documentation lies with the user. We are not liable for any inaccuracies, errors, or omissions in the notes generated, whether through templates or AI assistance. Users should use their professional judgment when using any generated content in their work.

6. Use of OpenAI APIs
Our service uses OpenAI APIs to assist in generating content, including the Penny AI assistant feature. SOAP Note AI is not responsible or liable for the content generated through these APIs.

7. Collection of Information
We may collect personal information, such as country when you use our service, or contact us. We may also collect non-personal information, such as your IP address, browser type, and usage data when you access the Website.

8. Payment Processing
We use a third-party service, Stripe, for payment processing. We do not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. Please refer to Stripe's Privacy Policy for more information.

9. Notes Packs, Subscription Plans, Payments and Refunds
SoapNoteAI offers Notes Packs for purchase. Users have the option to buy either the Basic Pack, which allows the user to generate 10 notes, or the Pro Pack, which allows users to generate 25 notes, or the Ultra Pack, which allows users to generate 100 notes. Payment for the Template Packs is required at the time of purchase and is non-refundable. Once the notes are purchased, no refunds will be provided, even if the user does not utilize creating all the notes within the pack. Notes packs purchased on and after 11/20/2023 will have a validity of 1 year.

In addition to Note Packs, SoapNoteAI offers Subscription Plans for purchase. Users have the option to subscribe to an Unlimited Monthly Subscription Plan, billed monthly, or an Unlimited Annual Subscription Plan, billed annually, for their organization. Payment for the Subscription Plans is required at the time of subscription and will renew automatically at the end of each billing cycle unless cancelled by the user. All Subscription Plan payments are non-refundable, even if the subscription is cancelled before the end of the billing cycle. Once a Subscription Plan is purchased, no refunds will be provided, even if the user does not utilize all the templates within the plan. However, you will be able use SOAPNoteAI service and create remaining notes till the end of your billing cycle. Users can update their subscription preferences here. If you have any queries, email us at support@soapnoteai.com. We will get back to you within 1 business day.

 10. Expiration Terms for Notes during Promotional Purchases
In addition to our standard policies, please note the following terms apply specifically to notes purchased during promotional events, including but not limited to Black Friday sales:

Promotional Period Validity: Note Packs purchased during promotional events may have different expiration terms compared to those bought outside of these events. This will be clearly stated during the promotional event.

11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOAP NOTE AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. 

12. Medical Disclaimer
The Service, including any SOAP Note or related content, is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or generated through the Service. This includes all content generated or suggested by Penny, our AI documentation assistant. Penny is not a licensed clinician and does not provide medical advice.

13. Indemnification
You agree to indemnify and hold harmless SOAP NOTE AI, its affiliates, officers, directors, employees, agents, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this disclaimer or any activity related to your use of the Service.

14. Governing Law
This disclaimer shall be governed by and construed in accordance with the laws of New Jersey, without regard to its conflict of law principles.

15. Fair Usage Policy
The Unlimited Plan grants subscribers unlimited access to SOAP Note generation for normal and lawful professional use. Misuse of this unlimited service, including but not limited to, automated note generation, account sharing, or any use that imposes an unreasonable load on the service's infrastructure, is prohibited. If SOAPNoteAI.com determines, at its sole discretion, that an account is misusing the service, it reserves the right to terminate the subscription immediately without refund. This measure ensures the integrity and quality of our service for all users.

16. HIPAA Compliance
SOAP Note AI maintains compliance with HIPAA standards. We ensure that all PHI is safeguarded according to HIPAA guidelines. We perform necessary trainings on HIPAA compliance and conduct periodic reviews of our practices to ensure ongoing adherence to the law.
Users are responsible for ensuring that their use of our services complies with HIPAA, including obtaining necessary patient consents before sharing PHI with SOAP Note AI.
Modi Labs LLC (doing business as SOAP Note AI) has executed Business Associate Agreements with all vendors who handle PHI on behalf of SOAP Note AI. These agreements ensure that our vendors are also compliant with HIPAA standards and commit to maintaining the confidentiality and security of PHI.
We offer a Business Associate Agreement (BAA) to users who qualify as covered entities under HIPAA. This BAA outlines the responsibilities of both parties to ensure compliance with HIPAA regulations. Users can request a BAA by contacting us at support@soapnoteai.com.

17. Audio SOAP Note Feature
SOAPNoteAI is introducing an Audio SOAP Note feature that allows users to generate SOAP notes from recorded sessions or dictations. By using this feature, you agree to the following additional terms:

a. Recording and Privacy: All recordings will be automatically deleted from our systems in 24-48 hours after the SOAP Note is generated. Users must ensure that they have the necessary consent from patients or clients before recording sessions.

b. Usage: Users are responsible for the accuracy and content of the recordings. The generated SOAP notes should be reviewed and edited as necessary to ensure they meet professional standards.

c. Liability: SOAP Note AI is not liable for any inaccuracies or errors in the generated notes. Users should use their professional judgment when using these notes in their practice.

d. Data Security: SOAP Note AI ensures that all recordings and generated notes are handled in compliance with HIPAA standards to maintain the confidentiality and security of patient information.

18. AI Usage and Limitations
Our service uses artificial intelligence, including the Penny AI assistant, to generate and assist with content creation. While we strive for accuracy, AI-generated content may contain errors or inaccuracies. Users should always review and verify all generated content before professional use. SOAP Note AI is not responsible for any consequences resulting from the use of AI-generated content. The AI does not replace professional clinical judgment, and all documentation decisions remain the responsibility of the user.

19. Third-Party Links and Services
Our website may contain links to third-party websites and services that are not owned or controlled by SOAP Note AI. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

20. Force Majeure
SOAP Note AI shall not be liable for any failure to perform its obligations where such failure is a result of acts of nature, weather, fire, power outages, acts of war or terrorism, civil disorder, labor disputes, or other causes beyond our reasonable control.

21. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

22. Penny AI Assistant Feature
SOAPNoteAI provides Penny, an AI-powered documentation assistant integrated into the note editor. By using Penny, you agree to the following terms:

a. Nature of Service: Penny is an AI assistant designed to assist with clinical documentation tasks only. Penny is NOT a licensed clinician, medical professional, healthcare provider, or substitute for professional clinical judgment. Penny does not have access to your patient's full medical history, cannot examine patients, and cannot understand the full clinical context of any situation.

b. User Responsibility and Final Authority: YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL CLINICAL DOCUMENTATION AND PATIENT CARE DECISIONS. All content generated or suggested by Penny must be independently reviewed, verified, and approved by a qualified healthcare professional before use. You must not use any AI-generated content without first confirming its accuracy, appropriateness, and compliance with applicable professional standards, regulations, and institutional policies.

c. No Medical or Clinical Advice: Penny does not provide medical advice, clinical recommendations, diagnoses, treatment plans, or clinical decision support of any kind. Any content generated by Penny is for documentation assistance only and MUST NOT be relied upon for clinical decision-making, patient care, or treatment decisions. If Penny generates content that appears to suggest clinical actions, you must independently evaluate such content using your professional judgment.

d. No Guarantees of Accuracy: AI-GENERATED CONTENT MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR INAPPROPRIATE SUGGESTIONS. SOAP Note AI makes no warranties or representations regarding the accuracy, completeness, reliability, or suitability of any content generated by Penny. You acknowledge that AI technology has inherent limitations and may produce content that is incorrect, incomplete, or inappropriate for your specific clinical situation.

e. Billing and Coding Disclaimer: Any suggestions related to billing codes, CPT codes, ICD codes, or reimbursement are for informational purposes only. You are solely responsible for ensuring all billing and coding is accurate and compliant with applicable laws, regulations, and payer requirements.

f. Regulatory Compliance: You are responsible for ensuring that your use of Penny and any AI-generated content complies with all applicable laws, regulations, professional licensing requirements, institutional policies, and standards of care in your jurisdiction and specialty.

g. Assumption of Risk and Release: By using Penny, you assume all risks associated with AI-assisted documentation. You agree to release, indemnify, and hold harmless SOAP Note AI, Modi Labs LLC, and their officers, directors, employees, and agents from any and all claims, damages, losses, or liabilities arising from your use of Penny or any AI-generated content, including but not limited to claims related to patient care, documentation errors, regulatory violations, or professional discipline.

h. Data Handling: Conversations with Penny are temporarily stored to provide the service and are automatically deleted after 30 days. Your conversation data is not used to train AI models. You remain responsible for ensuring that any information you share with Penny complies with HIPAA and other applicable privacy regulations.

i. Service Availability and Changes: Penny is currently offered in early access. Features, availability, performance, and usage limits may change, be limited, or be discontinued at any time without notice. Future usage limits may be implemented.

j. Acceptable Use: You agree to use Penny only for legitimate clinical documentation purposes. Misuse, including attempts to generate fraudulent documentation, circumvent safety measures, generate content for patients you are not treating, or any other improper use, is strictly prohibited and may result in immediate termination of access without refund.

BY ENABLING AND USING PENNY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS. YOU ACCEPT FULL PROFESSIONAL AND LEGAL RESPONSIBILITY FOR REVIEWING, VERIFYING, AND APPROVING ALL AI-ASSISTED CONTENT BEFORE USE IN ANY CLINICAL OR PROFESSIONAL CONTEXT.

23. Authentication and Account Security
SOAPNoteAI provides multiple methods to secure and access your account.

a. Authentication Methods: You may secure your account using the following methods:
- Email and password authentication
- Social sign-in (Google, Apple) where available
- Biometric authentication (Face ID/Touch ID) on supported iOS devices

b. Biometric Authentication: When enabled on the mobile app, biometric authentication provides a convenient way to access your account using your device's built-in Face ID or Touch ID capabilities. This feature uses Apple's LocalAuthentication framework and Secure Enclave technology. Your biometric data (fingerprint or facial data) remains exclusively on your device and is never transmitted to or stored by SOAPNoteAI. We only receive confirmation of whether authentication succeeded or failed. Biometric authentication is optional and can be enabled or disabled at any time in your Account Settings.

c. Credential Security: You are responsible for maintaining the confidentiality of your account credentials, including your password and any devices configured for biometric access. You agree to notify us immediately at support@soapnoteai.com if you believe your account has been compromised or if there has been unauthorized access to your account.

d. Age Requirement: SOAPNoteAI is intended for use by healthcare professionals who are 13 years of age or older. By using our services, you represent that you meet this age requirement.

e. Session Security: For your protection, your session may expire after periods of inactivity, requiring you to re-authenticate using your chosen method.