Legal

Terms of Service

Welcome to Kiwipen! Before using our platform, please read and understand the following Terms of Service carefully. By accessing or using Kiwipen, you agree to abide by these terms and conditions, which constitute a legally binding agreement between you and Kiwipen.

1. Eligibility and Use

Kiwipen is exclusively intended for use by licensed and trained medical professionals, including but not limited to physicians, nurses, medical students, and other qualified healthcare providers. By accessing and using the platform, you confirm that you are a qualified medical professional with the necessary training, education, and credentials.

2. Professional Responsibility

As a medical professional, you bear the ultimate responsibility for patient care and treatment decisions. Kiwipen's sole function is to transcribe clinical encounters without identifying patient information. It is not a medical device and should not be relied upon for any medical decisions. You must exercise your independent clinical judgment, considering all relevant factors and patient-specific information when making diagnoses or creating management plans.

3. Limitation of Liability

Kiwipen helps write clinical documentation. You are responsible for what is ultimately entered into patient records. Kiwipen does not bear responsibility for any errors or inaccuracies generated while using the application.

4. Modification of Terms

Kiwipen reserves the right to modify these Terms of Service at any time. Any changes will be effective upon posting the updated terms on the platform. By continuing to use Kiwipen after such modifications, you accept and agree to be bound by the revised Terms of Service.

5. Accounts and Registration

5.1 Accounts

To access Kiwipen, you must register for, and hold, an account. By creating an account, you confirm that you:

• Possess the legal right and ability to enter into a legally binding agreement with us.
• Agree to use Kiwipen only in accordance with these Terms and our Usage Policy.

5.2 Registration Process

As part of registering for and activating your account, you will need to provide us with information, including personal information about you. This information will include your email and username . We will use and disclose this information for the purposes of operating our business and as described in our Privacy Policy.

5.3 Account Security

When you register and activate your account, you can choose your username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under your account.

6. Privacy and Data Use

6.1 Privacy Obligations

Each party must comply with privacy laws in respect of any personal information. You must ensure that you hold all necessary authorizations and consents from individuals to disclose their personal information to Kiwipen.

6.2 Personal Information Collection Notice

We collect, store, use, and disclose personal information about you to provide you with the use of Kiwipen. Our Privacy Policy explains how we store, use, and how you may access and correct your personal information.

6.3 Use of De-identified Information

Kiwipen may de-identify information and use or disclose such information in a de-identified form for the purposes of making available relevant functionality to you and as described in our Privacy Policy.

7. Use of Kiwipen

7.1 General

You must:

• Comply with all applicable laws and professional obligations in connection with these Terms and your use of Kiwipen.
• Cooperate and comply with all reasonable directions of Kiwipen in relation to your use of Kiwipen.
• Notify Kiwipen immediately if you become aware of any actual or potential defect in Kiwipen or any complaint reported by any other person in connection with Kiwipen.

7.2 Prohibited Actions

You must not:

• Distribute, sublicense, or transfer any part of Kiwipen to any other person.
• Attempt to disassemble, decompile, or reverse engineer Kiwipen.
• Alter, customize, modify, or create derivative works of Kiwipen.
• Supply inaccurate data to Kiwipen.

8. Intellectual Property

8.1 Our Intellectual Property Rights

Unless otherwise indicated, we own or license all rights, title, and interest in Kiwipen and any material made available through Kiwipen.

8.2 License to Use Kiwipen

Kiwipen grants you a limited, non-transferable, non-exclusive license to use Kiwipen for the duration of these Terms solely for the purpose of facilitating the transcription of clinical encounters. You must not use Kiwipen for any other purpose or modify, copy, distribute, transmit, display, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content within Kiwipen.

9. Confidential Information

You must not disclose any confidential information learned as a result of entering into these Terms or using Kiwipen, except as required by law. You must hold the confidential information in strict confidence and employ all reasonable steps to protect it.

10. Limitations

10.1 Technical Requirements

You are responsible for ensuring that your information technology and other systems can work with Kiwipen.

10.2 No Professional Medical or Healthcare Advice

Your use of Kiwipen is solely for transcribing clinical encounters. Kiwipen does not:

• Constitute or make out to be a medical device.
• Provide professional medical or healthcare advice, diagnosis, or recommendation of treatment.
• Directly assess, maintain, or improve the health of a patient.
• Directly diagnose or treat a patient's illness or disability.

11. Suspension and Termination

11.1 Suspension

We reserve the right to restrict, suspend, or terminate your access to Kiwipen without notice. We will not be responsible for any loss, cost, damage, or liability that may arise as a result.

11.2 Termination

You may terminate your use of Kiwipen by emailing support@kiwipen.com or through your account settings. We may terminate these Terms if we reasonably believe you have breached any of these Terms or if we withdraw Kiwipen from the market.

12. Indemnity

You must indemnify and hold harmless Kiwipen from any loss, liability, demand, claim, action, or expense incurred or suffered by Kiwipen relating to or arising from your use of Kiwipen, except to the extent the loss is attributable to the unlawful or willful misconduct of Kiwipen.

13. Liability

To the maximum extent permitted by applicable laws, Kiwipen and related services are provided "as is" without warranty or guarantee of any kind. We will not be liable for any direct or indirect loss, damage, or expense arising from your use of Kiwipen or related services.

14. Jurisdiction and Governing Law

These Terms are governed by the law of the United Kingdom and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction.

15. Updates

We may modify, update, or replace these Terms from time to time by providing reasonable notice. Continued use of Kiwipen following the notice period will be deemed acceptance of the new Terms.

16. General

Your account is personal to you, and you may not permit any other person to use your account or transfer, assign, subcontract, or sublicense any of your interests, rights, or obligations under these Terms.

These Terms constitute the entire agreement between us relating to the subject matter of these Terms and supersede any previous agreement, understanding, or arrangement, whether written or oral.

If any part of these Terms is invalid, the remainder will be binding on the parties.

By using our Services, you acknowledge that you have read and agree to these Terms of Service.