Terms of Use

1. Acceptance of these Terms

These Terms of Use (“Terms”) are an agreement between you and ROSC AI Inc. (“ROSC AI,” “we,” “us,” or “our”). They cover your use of our website, the ROSC web app, the ROSC Chrome extension, our mobile apps and related services (together, the “Services”).

By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

If you use the Services for a clinic, practice, health authority or other organization, you confirm that you may accept these Terms for it. In that case, “you” also means that organization.

2. Signed agreements and the app license

• If you or your organization (including a government body or health authority) has signed a separate agreement with us, such as a services agreement, order form or Business Associate Agreement (BAA), that signed agreement prevails over these Terms where they conflict.
• For our iOS app, these Terms are the end user license agreement (EULA) between you and ROSC AI. They include the Apple App Store terms in the section below. Because we provide our own EULA, Apple’s standard Licensed Application End User License Agreement does not apply to the iOS app.

3. Who may use ROSC

ROSC is built for healthcare professionals. You may use the Services only if:

• you are at least 18 years old and have reached the age of majority where you live; and
• you are a licensed healthcare professional, or authorized staff or a supervised trainee working under a licensed healthcare professional.

Patients do not use ROSC directly. Clinicians use it to document their own visits.

4. What ROSC does

ROSC assists clinicians with transcription and with drafting clinical documentation. With your instruction, it records a patient visit, transcribes it and drafts a clinical note. You can edit the note with AI, use spoken shortcuts and templates, see the sources behind the note, and copy, export or insert it into your electronic medical record (EMR).

Every draft requires your review and approval before you use it. ROSC is available on the web app, as a Chrome extension and as a mobile app. Features can differ between these products and between plans. We may add, change or remove features over time.

5. Your account and security

• Give us accurate information when you sign up and keep it up to date.
• Keep your password and sign-in methods secret. Do not share your account.
• Each person needs their own account.
• Lock or sign out of shared devices. Submit or discard recordings before you leave a shared computer.
• You are responsible for activity under your account.
• Tell us right away at support@rosc.ai if you think your account has been used without permission.

6. Patient consent to record

Laws on recording conversations and on collecting health information differ by country, province and state. You are responsible for:

• telling your patients that you use ROSC to document the visit;
• getting any consent to record that the law or your professional rules require, before you start recording;
• keeping a record of that consent where required; and
• stopping the recording if a patient refuses or withdraws consent.

7. Clinical responsibility

ROSC helps you document. It does not replace your clinical judgment.

• Every note, summary, transcript or suggestion ROSC creates is a draft.
• You must review, correct and approve every note before it is signed or added to a medical record.
• You are responsible for the content of your final notes and for every diagnosis, treatment and other clinical decision.
• Do not use ROSC for emergencies or for real-time patient monitoring.
• You remain responsible for keeping medical records as your laws and regulators require. ROSC is not your system of record.

8. Acceptable use

You agree to give us only accurate and lawful content, and to use the Services in line with the laws and professional rules that apply to you. You agree not to:

• use the Services for any illegal, harmful or unauthorized purpose;
• record anyone without the consent the law requires;
• upload content you have no right to use;
• access another person’s account or data without permission;
• try to break, probe or get around our security, usage limits or access controls;
• reverse engineer, decompile or copy the Services, except where the law allows it;
• use automated tools to scrape or overload the Services;
• resell, sublicense or offer the Services to others without our written consent;
• use the Services or their output to build a competing product; or
• upload viruses or other harmful code.

We may suspend access if we reasonably believe you are breaking these rules or putting patients, other users or the Services at risk.

9. Your data and patient health information

You (or your organization) own the content you put into ROSC and the content it produces for you, including recordings, transcripts, notes, sources, templates and shortcuts (“Customer Data”). We do not claim ownership of it.

We process Customer Data to provide, secure, support and improve the Services, as described in our Privacy Policy.

ROSC AI acts as a Business Associate under the U.S. Health Insurance Portability and Accountability Act (HIPAA). We only process Protected Health Information (PHI) on behalf of Covered Entities under a signed BAA. Where a BAA applies, it controls how we handle PHI. We do not sell PHI or use it for our own marketing.

You are responsible for having the legal right to give us Customer Data, and for signing a BAA with us before you use ROSC with PHI where HIPAA applies. Contact privacy@rosc.ai to request a BAA.

10. Recordings and data retention

On our servers

• Audio recordings. We use the audio you upload to create the transcript and draft note. How long we keep raw audio is described in our Privacy Policy.
• Transcripts and notes. We keep these while your account is active, so you can return to your visits. The retention period in Settings controls how far back your visit list shows visits; it does not delete them.
• Deleting a visit. When you delete a visit, it is removed from your account and can no longer be opened.
• Sources. When you add a file as a source, we keep only the text read from it, not the file itself. Removing a source, or deleting its visit, deletes that text.
• Feedback reports. When you send feedback from the app, we keep your message and basic details (such as the related visit, app version and browser) so our team can follow up. Do not include patient information in feedback.

On your devices

• Web app and Chrome extension. Recordings that have not reached ROSC, for example while you are offline, are kept in your browser for up to 7 days and then deleted.
• iOS app. Recordings waiting to upload stay on your iPhone until they upload. After upload, the app keeps an encrypted copy on the iPhone for up to 7 days so you can replay parts of the visit. Signing out removes these copies.

Some deleted data can remain in our backups for a limited time before it is permanently erased. More detail is in our Privacy Policy. Copy or export any note you need to keep into your EMR. Do not rely on ROSC as long-term storage for medical records.

11. AI features and their limits

ROSC uses artificial intelligence to transcribe speech and to draft and edit notes. AI can make mistakes. It can mishear words, miss details, mix up speakers, or add content that was not said. Accuracy can drop with background noise, accents, several speakers, medical terms or poor connections.

Source links help you check where content came from, but they do not guarantee that a note is correct or complete. Always review the full note.

You can ask for a manual (non-AI) review of transcriptions or summaries by contacting privacy@rosc.ai, as described in our Privacy Policy.

12. Plans, billing, renewal and cancellation

Free plan

The Starter plan is free and includes a limited number of recording minutes per month, as shown in the pricing on our website. No credit card is needed. We may change or end the free plan, or its limits, at any time.

Paid plans

• Paid plans and their prices are shown on our website. Prices are in Canadian dollars (CAD) unless stated otherwise. Applicable taxes are added.
• You buy paid plans through our website. Payments are processed by our payment provider, Stripe.
• If we offer an introductory price, it is for a limited time and may change. Any change to your price follows the renewal rules below.
• Practice (clinic) plans are quoted by our sales team and may be covered by a signed agreement.

Renewal

• Your subscription renews automatically at the end of each billing period (monthly or annually) for another period of the same length.
• At each renewal, we charge the payment method on file the price of your plan at that time.
• If we change the price of your plan, we will tell you before your next renewal. The new price applies from that renewal. If you do not accept it, cancel before the renewal date.

Cancellation

• You can cancel at any time from your account’s billing page on our website, or by contacting support@rosc.ai.
• Cancellation stops the next renewal. You keep access to your paid plan until the end of the current billing period, and you are not charged again.
• You can reactivate before your access ends.

Refunds

We do not give automatic prorated refunds for partly used billing periods. This is subject to applicable law and to any signed customer agreement. We may, at our discretion, give a refund or credit for billing errors or material service failures. Contact support@rosc.ai if you think this applies to you.

Failed payments

If a payment fails, we may limit or suspend paid features until the balance is paid.

13. Mobile apps

You may download our mobile apps from the Apple App Store or Google Play. Your use of those stores is also governed by their own terms. The apps require a ROSC account and an internet connection to process recordings.

14. Apple App Store terms

This section applies if you download the ROSC iOS app from the Apple App Store (the “iOS App”).

• Acknowledgement. These Terms are between you and ROSC AI only, not with Apple Inc. (“Apple”). ROSC AI, not Apple, is solely responsible for the iOS App and its content.
• Scope of license. We grant you a limited, non-transferable license to use the iOS App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The iOS App may also be accessed by other accounts associated with you through Family Sharing or volume purchasing, where those features are available.
• Maintenance and support. ROSC AI is solely responsible for maintenance and support of the iOS App, as described in these Terms or as required by law. Apple has no obligation to provide any maintenance or support for the iOS App.
• Warranty. ROSC AI is responsible for any product warranties, whether express or implied by law, to the extent they are not disclaimed. If the iOS App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the iOS App. Any other claims, losses, liabilities, damages, costs or expenses caused by a failure to conform to a warranty are ROSC AI’s responsibility, to the extent they are not disclaimed.
• Product claims. ROSC AI, not Apple, is responsible for addressing any claims by you or a third party relating to the iOS App or your possession and use of it. These include: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar laws, including in connection with the iOS App’s use of the HealthKit and HomeKit frameworks, if used. These Terms do not limit ROSC AI’s liability to you beyond what applicable law permits.
• Intellectual property rights. If a third party claims that the iOS App or your possession and use of it infringes that third party’s intellectual property rights, ROSC AI, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
• Legal compliance. You confirm that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer name and address. Questions, complaints or claims about the iOS App go to ROSC AI Inc., #2300-925 West Georgia Street, Vancouver, BC V6C 3L2, Canada; phone 250-436-6666; email support@rosc.ai.
• Third-party terms. You must comply with any applicable third-party terms (for example, your wireless data service agreement) when using the iOS App.
• Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15. Intellectual property

The Services, including our platform, software, processes, models, the templates we provide, logos and the ROSC name, belong to ROSC AI or our licensors and are protected by law. These Terms do not transfer any of these rights to you.

Subject to these Terms and your plan, we give you a limited, non-exclusive, non-transferable, revocable right to use the Services for your own professional purposes. Notes and other output generated from your Customer Data are part of your Customer Data.

16. Feedback

If you send us ideas, suggestions or other feedback, we may use them without restriction or payment to you.

17. Third-party services

The Services rely on and connect with third-party services, such as cloud hosting, sign-in, speech recognition and AI providers, payment processing, app stores, web browsers and your EMR. We are not responsible for third-party services we do not control, and your use of them may be subject to their own terms. Our key subprocessors are listed in our Privacy Policy and on our Trust Centre.

18. Termination and account deletion

• You can stop using the Services at any time.
• You can delete your account in the ROSC app (Settings › Delete account), in Settings on our website, or by emailing support@rosc.ai. Step-by-step instructions are on our Delete your account page.
• When you delete your account, we lock it right away and cancel any renewal. We then delete your data as described in our Privacy Policy, on our Delete your account page and in any BAA, except where the law requires us to keep it.
• Before you delete your account, copy or export any notes you need. After deletion, they cannot be recovered.
• We may suspend or end your access if you seriously or repeatedly break these Terms, if you do not pay, if required by law, or if your use creates a risk to patients, other users or the Services. Where reasonable, we will give you notice first.
• Sections that by their nature should survive termination will survive, including those on data, intellectual property, disclaimers, limitation of liability, indemnity and governing law.

19. Disclaimers

To the fullest extent the law allows, the Services are provided “as is” and “as available.” We do not promise that the Services will be error-free, uninterrupted or always accurate, or that AI output will be complete or correct. We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

Some laws do not allow these disclaimers. In that case, they apply only as far as the law allows.

20. Limitation of liability

To the fullest extent the law allows:

• ROSC AI is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if we were told they were possible.
• ROSC AI is not liable for clinical decisions, patient outcomes or the content of medical records, which remain the responsibility of the treating clinician.
• Our total liability for all claims relating to the Services is limited to the greater of (a) the fees you paid us for the Services in the 12 months before the event giving rise to the claim, or (b) CAD $100.

Nothing in these Terms limits liability that cannot be limited by law, or changes the liability terms of a signed customer agreement.

21. Indemnity

You agree to defend and compensate ROSC AI, and its officers, employees and agents, for claims, losses and costs (including reasonable legal fees) arising from: your breach of these Terms; your failure to obtain patient consent required by law; your clinical decisions or medical records; or your misuse of the Services.

22. Governing law and disputes

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. Disputes will be resolved in the courts of British Columbia, sitting in Vancouver.

This is subject to any mandatory rights you have under the law where you live, and to any signed customer agreement with us.

Before starting a formal dispute, please contact us at support@rosc.ai so we can try to resolve it informally.

23. General

• These Terms, our Privacy Policy and any signed agreement with us are the entire agreement between you and ROSC AI about the Services.
• If any part of these Terms cannot be enforced, the rest stays in effect.
• If we do not enforce a right, we have not waived it.
• You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
• We are not responsible for delays or failures caused by events outside our reasonable control.

24. Changes to these Terms

We may update these Terms from time to time. We will post the new version on this page and change the “Last updated” date. If a change is significant, we will give you reasonable notice, for example by email or in the app. If you keep using the Services after the change takes effect, you accept the updated Terms. If you do not agree, stop using the Services and cancel your subscription.

25. Contact us

ROSC AI Inc.
#2300-925 West Georgia Street, Vancouver, BC V6C 3L2, Canada

• Questions about these Terms, accounts, billing and the apps: support@rosc.ai
• Privacy, PHI and BAA requests: privacy@rosc.ai
• General enquiries: info@rosc.ai
• Phone: 250-436-6666