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Template — have counsel review before launch. This document is a starting draft for a demo build. It isn’t legal advice and hasn’t been reviewed by a lawyer. Bracketed items are placeholders to be completed.

Terms of service

Last updated: [date] · Template, not in force

1. Agreement

These terms form an agreement between you and [Company legal name] (“Tidemend”, “we”) for your use of the Tidemend website and application (the “Service”). By creating an account or using the Service, you agree to these terms. If you use the Service on behalf of a practice or organization, you confirm you’re authorized to accept them on its behalf.

2. What the Service does

Tidemend helps clinicians draft clinical documentation, including progress notes, treatment plans, summaries and letters, from session recordings, dictation or typed notes. The Service produces drafts. It does not provide medical, psychological or legal advice, does not make clinical decisions, and does not replace your professional judgment.

3. Your responsibilities as a clinician

  • Review, correct and approve every draft before you sign or rely on it. You are responsible for the content of records you sign.
  • Obtain any consent required from clients before recording sessions, and comply with the laws and professional rules that apply to you.
  • Keep your sign-in credentials secure and tell us promptly about any unauthorized use of your account.
  • Use the Service only if you are a licensed professional or a trainee working under appropriate supervision.
  • Decide which clients to invite to the client portal, and tell clients that secure messaging is not for emergencies.
  • Check claims, codes and payer details before submitting them. Insurance features use a mock clearinghouse unless a clearinghouse account is connected, and exported claim files are drafts.

4. Client portal users

Clients invited to the portal use it under [client portal terms]. Their access is limited to their own records with the inviting clinician, and the clinician can revoke it at any time.

5. Payments and third-party services

Online card payments are processed by Stripe under your own Stripe account and Stripe’s terms, and Stripe charges its own fees. Email, text-message, clearinghouse and other connected services are provided by third parties under their own terms.

6. Demo build and protected health information

The current build is a demonstration and must not be used with real client information. You may enter protected health information only after a Business Associate Agreement is in place between you and Tidemend and the Service is running in a production environment intended for that purpose. See the BAA overview.

7. Your content

You keep ownership of the content you put into the Service and the documents it helps you create. You grant Tidemend a limited license to host, process and transmit that content only as needed to provide the Service to you, including sending it to the transcription and AI providers listed in the [subprocessor list]. We do not sell your content or use it to advertise to you.

8. AI-generated output

Drafts are generated automatically and may be incomplete or inaccurate. The compliance check flags common documentation gaps but does not guarantee that any record meets a payer, regulator or auditor’s requirements.

9. Acceptable use

  • Don’t use the Service to break the law or infringe anyone’s rights.
  • Don’t try to access accounts or data that aren’t yours, or probe, disrupt or overload the Service.
  • Don’t resell or provide the Service to third parties without our written agreement.

10. Fees

Pricing shown on the website is proposed and may change. No fees are charged in the demo build. If paid plans are introduced, the applicable fees, billing terms and refund policy will be set out in [order form / pricing terms] before you are charged.

11. Ending your use

You can stop using the Service and request account deletion at any time. Before you do, you can export your data from Settings. We may suspend or end access for material breach of these terms, with notice where reasonable. On termination, we will handle your data as described in the privacy policy and any Business Associate Agreement.

12. Disclaimers and limitation of liability

[To be drafted by counsel: warranty disclaimers, limitation of liability, indemnities and any jurisdiction-specific terms.]

13. Changes

We may update these terms. If changes are material, we will give notice through the Service or by email at least [number] days before they take effect.

14. Contact

[Company legal name], [postal address], [legal contact email].