Terms of Use

Last updated: January 22, 2025

Agreement to Terms

These Terms of Use ("Terms") constitute a legal agreement between you and Dr. Victoria E. Cook Inc. ("we", "us", or "our") governing your access to and use of the Inbox Agent service ("Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not use the Service.

Service Availability

Inbox Agent is available for use in Canada only. The Service is designed to comply with Canadian privacy laws, including British Columbia's Personal Information Protection Act (PIPA).

We are not HIPAA compliant. The Service is not intended for use by healthcare providers in the United States or for processing health information of US residents.

By using the Service, you confirm that you are a Canadian healthcare provider and will only use the Service in accordance with Canadian law.

Description of Service

Inbox Agent is a medical documentation tool that helps healthcare providers:

  • Process incoming referrals and medical documents
  • Record and transcribe clinical encounters
  • Generate medical notes and summaries using artificial intelligence
  • Create patient chart data for electronic medical records (EMRs)

Important Healthcare Disclaimer

THE SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT RECOMMENDATIONS.

You acknowledge and agree that:

  • Clinical responsibility remains with you. All clinical decisions, including diagnoses and treatments, are your sole responsibility as the healthcare provider.
  • AI output requires review. Artificial intelligence may produce errors, "hallucinate" information, misinterpret data, or introduce biases. You must review and verify all AI-generated content before including it in patient records.
  • The Service is not a medical device. It is not classified as a medical device under Health Canada regulations.
  • You are accountable for accuracy. You are responsible for the accuracy and completeness of all patient records, regardless of whether the content was generated by AI.

License and Access

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes during your subscription term.

This license does not include the right to:

  • Resell, sublicense, or provide third-party access to the Service
  • Reverse engineer, decompile, or disassemble the Service
  • Use automated tools to scrape or extract data from the Service
  • Build competing products using the Service
  • Use the Service for any unlawful purpose

Your Responsibilities

As a user of the Service, you agree to:

  • Obtain patient consent. You are responsible for obtaining appropriate consent from patients before recording clinical encounters or processing their health information through the Service.
  • Comply with privacy laws. You must comply with all applicable Canadian privacy legislation, including provincial health privacy laws.
  • Maintain account security. Keep your login credentials confidential and notify us immediately of any unauthorized access.
  • Review AI output. Review all AI-generated content before finalizing patient records, as recommended by the Canadian Medical Protective Association (CMPA).
  • Use the Service appropriately. Use the Service only for legitimate healthcare documentation purposes.

Prohibited Uses

You may not use the Service to:

  • Process information for non-healthcare purposes
  • Store or transmit malicious code or harmful content
  • Violate any applicable laws or regulations
  • Infringe on the rights of any third party
  • Interfere with or disrupt the Service or its infrastructure
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service outside of Canada

We reserve the right to suspend or terminate your access immediately and without notice if we determine, in our sole discretion, that you have violated these Terms or engaged in prohibited use.

Fees and Payment

Access to the Service requires payment of applicable subscription fees. Fees are billed according to the billing cycle agreed upon at signup (monthly, annually, or usage-based).

You agree to provide accurate billing information and authorize us to charge your payment method for all applicable fees. Fees are non-refundable except where we terminate your account for cause attributable to us, in which case you may be entitled to a pro-rata refund.

Data Ownership

Your data remains yours. You retain all ownership rights to the data you submit to the Service, including patient information, recordings, and documents.

We do not use your data to train AI models. We do not sell, rent, or share your data with third parties for their marketing purposes.

You grant us a limited license to process your data solely for the purpose of providing the Service to you.

Intellectual Property

The Service, including its software, design, features, and documentation, is owned by us and protected by Canadian and international intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or branding.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will be uninterrupted, error-free, or secure
  • AI-generated content will be accurate or complete
  • The Service will meet your specific requirements
  • Any errors in the Service will be corrected

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Dr. Victoria E. Cook Inc. and its officers, directors, employees, and agents from any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable laws or third-party rights
  • Any data you submit to the Service
  • Your failure to obtain required patient consents

Term and Termination

These Terms remain in effect until terminated. You may terminate your account at any time by providing thirty (30) days' written notice.

We may terminate or suspend your access:

  • For convenience: with thirty (30) days' written notice
  • For material breach: with thirty (30) days' notice and opportunity to cure, unless the breach is incapable of cure
  • Immediately: for violations of prohibited uses, security breaches, or conduct that may harm us or other users

Upon termination, your right to use the Service ceases immediately. We will delete your data promptly upon account closure, except where retention is required by law.

Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least thirty (30) days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

The courts of British Columbia shall have exclusive jurisdiction over any disputes arising from or related to these Terms or your use of the Service. You consent to the personal jurisdiction of such courts and waive any objection to venue.

General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
  • No Waiver: Our failure to enforce any provision of these Terms does not waive our right to do so in the future.
  • Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Contact Us

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

Dr. Victoria E. Cook Inc.
Email: privacy@inboxagent.oaklabs.ca