Effective Date: Sep 1, 2024
1. Introduction
Welcome to Unhush Global Inc. ("Unhush," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our services, including the AI-driven session notes and related tools provided through our website, un-hush.com (the "Site"), and any associated applications (collectively, the "Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Services.
2. Description of Services
Unhush offers a suite of services designed to assist mental healthcare providers and their clients/patients. These Services include, but are not limited to:
Session Notes for Providers: Our AI technology generates session notes that include progress notes and clinical decision support analytics, such as Risk Assessment and Mental Status Examination.
Session Notes for Clients/Patients: We provide AI-generated summaries, therapeutic recommendations, and progress metrics tailored to the needs of clients/patients.
Analytics Dashboard: Providers have access to an analytics dashboard to review business performance, session history, and other relevant metrics.
Client Communication: We facilitate the sharing of reviewed and approved session notes with Clients/Patients via email, subject to prior consent.
3. Provider Obligations and Responsibilities
As a user of our Services, Providers agree to uphold the following obligations and responsibilities:
Confidentiality and Data Security
Confidentiality: Providers must maintain the strict confidentiality of all patient/client information and session notes accessed or generated through the Services.
Consent: Providers must obtain explicit, informed consent from clients/patients prior to utilizing AI services for note-taking and ensure clients/patients consent to receiving session notes via email.
Compliance with Data Protection Laws: Providers are responsible for ensuring that all session data and notes are managed in compliance with applicable data protection laws, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) in the U.S., and similar regulations in other jurisdictions.
Safeguards: Providers must implement appropriate technical and organizational safeguards to protect against unauthorized access to the Services and the data stored therein.
Accuracy: Providers must establish and follow procedures to ensure that all data entered into the system regarding their practice, clients, and sessions is accurate, complete, and free from errors.
Client Consent for Email Communication: Providers must ensure that clients have explicitly consented to receive session notes via email before sharing such information.
Compliance with Laws and Regulations
HIPAA Compliance: Providers must use Unhush in accordance with HIPAA regulations as a Business Associate. Providers should be familiar with their obligations as a 'Covered Entity' under HIPAA and ensure that their use of Unhush complies with these obligations.
Legal and Ethical Standards: Providers must ensure that all patient/client data provided to Unhush is collected, handled, and used in accordance with applicable legal and ethical standards.
Accurate and Complete Information
Information Accuracy: Providers are responsible for providing accurate and complete information when using Unhush, including, but not limited to, patient/client details and session data.
Review and Update: Providers must regularly review and update the information provided to ensure its accuracy and relevance.
Proper Use of Services
Intended Use: Providers agree to use Unhush solely for the purposes intended as specified in these Terms. Providers must not use the platform for any unlawful or unauthorized activities.
Content Upload: Providers are permitted to upload only therapy session recordings to the system. Any additional content or files unrelated to therapy sessions are prohibited.
Notification of Issues
Security Breaches: Providers must promptly notify Unhush of any suspected or actual security breaches, unauthorized access, or other issues affecting the integrity of the platform.
Discrepancies: Providers should report any discrepancies, issues, or concerns regarding the generated notes or analytics to Unhush without undue delay.
4. Client/Patient Obligations and Responsibilities
As a user of our Services, Clients/Patients agree to the following obligations and responsibilities:
Confidentiality and Privacy
Confidentiality: Clients/Patients must maintain the confidentiality of their own personal information and any information provided during sessions.
Personal Use: Clients/Patients are permitted to use session notes and related information solely for personal purposes and in accordance with applicable privacy policies.
Consent for AI Services: Clients/Patients are responsible for providing consent to use AI services for note-taking and agreeing to receive session notes via the email address provided to their healthcare provider.
Compliance with Instructions
Instructions: Clients/Patients must adhere to any instructions provided by their healthcare provider regarding the use of Unhush-generated notes and tools.
Accuracy of Information: Clients/Patients should provide accurate and complete information during sessions to facilitate precise note-taking and relevant recommendations.
Notification of Issues
Discrepancies: Clients/Patients should promptly report any discrepancies or issues with the session notes or recommendations to their healthcare provider.
Proper Use of Services
Intended Purpose: Clients/Patients agree to use Unhush and related services solely for the purpose of engaging in mental health services provided by their healthcare provider.
5. Intellectual Property
All intellectual property rights in and to the Services, including any software, content, and design elements, are the sole property of Unhush or its licensors. Unauthorized use, reproduction, distribution, or modification of such intellectual property is prohibited without prior written consent from Unhush.
6. Fees and Payment
Payment Terms: Access to certain features or Services may require payment. Providers agree to pay any fees associated with their use of the Services in accordance with the payment terms provided at the time of purchase or subscription.
Billing: All payments are non-refundable unless otherwise stated. Providers are responsible for ensuring that their payment information is accurate and up-to-date.
7. Limitation of Liability
To the fullest extent permitted by applicable law, Unhush shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to, loss of data, loss of profits, or business interruption arising out of or in connection with your use of the Services. Our liability shall be limited to the maximum extent permitted by law.
8. Indemnity
You agree to indemnify, defend, and hold harmless Unhush and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Services, your violation of these Terms, or any infringement by you of any intellectual property or other rights of any person or entity.
9. Termination
Unhush reserves the right to suspend or terminate your access to the Services, with or without cause, at any time and for any reason, including but not limited to, a breach of these Terms or any other conduct that Unhush deems inappropriate.
10. Changes to Terms
Unhush may revise these Terms from time to time. Any changes will be posted on our Site with an updated effective date. Your continued use of the Services after the posting of any revised Terms constitutes your acceptance of and agreement to the changes.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Unhush Global Inc. is incorporated, that is, Delaware, without regard to its conflict of law principles.
12. Disclaimer
The Services provided by Unhush are intended for informational and support purposes only and should not be construed as professional medical advice. Unhush does not warrant the accuracy, completeness, or usefulness of any information or content provided through the Services. You are solely responsible for any actions taken based on the information provided through the Services. The Services are provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
13. Contact Information
For any questions regarding these Terms or the Services, please contact Unhush at:
Email: hello@un-hush.com
Address: 8 The Green Ste A, Kent Dover DE - 19901
