Public Website
By accessing the EDScribe Pro public website at edscribepro.com, you agree to use it only for lawful business evaluation and communication. The public website is not intended for clinical documentation processing and must not be used to submit patient information, Protected Health Information, or clinical chart content.
Authenticated Application
Business Associate Agreement Requirement
Use of the authenticated EDScribe Pro application to process Protected Health Information requires acceptance of a Business Associate Agreement between the covered entity and EDScribe Pro LLC. Individual providers signing as individual covered entities, and authorized representatives signing on behalf of facility or group practice covered entities, must accept the applicable Business Associate Agreement before using the application for clinical documentation.
De-identification
EDScribe Pro LLC, as Business Associate, may de-identify Protected Health Information that it creates, receives, maintains, or transmits on behalf of a covered entity, using the Safe Harbor method at 45 CFR 164.514(b)(2), as described in the Business Associate Agreement and Privacy Policy. Once a clinical note is de-identified under Safe Harbor, it is no longer Protected Health Information and is no longer part of the legal medical record.
De-identified chart rows displayed in the EDScribe Pro History interface are marked with a De-Identified badge and a sequential History number. The Process Notes and facesheet edit controls are disabled on de-identified rows. The clinician remains responsible for reviewing, attesting to, and signing the original clinical documentation that is copied into the electronic health record or other legal medical record system. EDScribe Pro does not replace clinician review, attestation, or EHR signing obligations.
Voice Calibration
Optional voice calibration features, if enabled, are provided to support clinical documentation workflows and do not guarantee that all background voices, ambient noise, or overlapping speech will be removed. Providers remain responsible for reviewing transcripts, generated chart text, copied output, and final EHR documentation before use.
Voice calibration may involve sensitive voice profile data and must be used only by authorized users under applicable organizational policy, customer agreements, and any required consent or notice process.
Limitation of Liability and Indemnity
EDScribe Pro LLC provides the EDScribe Pro service on an "as is" and "as available" basis. To the extent permitted by law, EDScribe Pro LLC disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
EDScribe Pro LLC's total liability to any covered entity, provider, or user for any claim arising out of or relating to the service or this agreement, whether in contract, tort, or otherwise, shall not exceed the amount paid by the covered entity to EDScribe Pro LLC in the twelve (12) months preceding the claim.
In no event shall EDScribe Pro LLC be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or use, even if EDScribe Pro LLC has been advised of the possibility of such damages.
The covered entity agrees to indemnify, defend, and hold harmless EDScribe Pro LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with the covered entity's use of the service, violation of these terms, or violation of any rights of another.
These limitations apply to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply.
HIPAA Terms
Required HIPAA terms in the Business Associate Agreement remain enforceable and are not limited by the general limitation of liability. The limitation of liability does not excuse breach notification, safeguard, or other HIPAA obligations set forth in the Business Associate Agreement.
Changes
EDScribe Pro LLC may update these Terms of Use from time to time. Continued use of the service after changes are posted constitutes acceptance of the updated terms. Material changes to HIPAA-related obligations in the Business Associate Agreement will be presented for re-acceptance or will take effect only as allowed by applicable law.
Governing Law
These Terms of Use are governed by the laws of the State of Oklahoma, without regard to conflict-of-law rules. The state and federal courts of Oklahoma are the exclusive venue for disputes arising out of these terms, except for proceedings by the Secretary of Health and Human Services under HIPAA.
Contact
For questions about these Terms of Use, contact support@edscribepro.com. For information about the Business Associate Agreement, see https://edscribepro.com/legal/baa. For information about data handling and retention, see the Privacy Policy.