Terms of Service
These Terms of Service ("Terms") govern your access to and use of the MediScribe Flow application, websites, and related services (collectively, the "Service"), provided by MediScribe Flow, LLC ("MediScribe Flow," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes that organization. Please also review our Privacy Policy and Clinical Use & Disclaimer, which are incorporated into these Terms.
1. The Service
MediScribe Flow is a clinical documentation workflow tool that helps practitioners capture, structure, and review visit documentation, including an OASIS-E2-oriented review that suggests items with supporting evidence and flags unsupported items for review. The Service is not an electronic health record, is not medical advice, and does not automatically submit anything to CMS, iQIES, WellSky, or any other system.
2. Accounts and eligibility
You must provide accurate information, keep your credentials confidential, and are responsible for activity under your account. The Service is intended for use by healthcare practitioners and organizations, not by patients or the general public, and is not directed to children. You are responsible for ensuring you are authorized to use the Service for the data you enter.
3. Practitioner and customer responsibilities
You are responsible for clinical judgment and for the accuracy, completeness, and final content of all documentation and OASIS-E2 coding. You must review documentation produced by the Service before relying on it, delivering it, or submitting it to any payer, agency, or third-party system. You are responsible for obtaining all authorizations and consents required for the information you process and for complying with all laws and professional standards that apply to your practice.
4. No medical advice; no guaranteed outcomes
The Service provides documentation assistance only. It does not provide medical advice, diagnosis, or treatment, and it is not a clinical decision system you may defer to. We do not guarantee reimbursement, coding accuracy, audit or survey results, acceptance by any payer or system, or compliance with any law or program requirement. See our Clinical Use & Disclaimer.
5. Protected health information, HIPAA, and Business Associate Agreements
The Service is designed to support HIPAA-aligned workflows. Where MediScribe Flow processes protected health information ("PHI") on behalf of a HIPAA covered entity or business associate, it acts as a business associate. A signed Business Associate Agreement ("BAA") may be required before the Service is used with PHI; contact legal@mediscribeflow.com to put one in place. You are responsible for ensuring you have a BAA in effect where one is required and for using only the minimum PHI necessary. Nothing in these Terms is a representation that your use of the Service, by itself, makes you compliant with HIPAA or any other law.
6. Third-party services and integrations
The Service may interoperate with independent third-party systems (for example, a WellSky integration that enables a "previous visits" feature). MediScribe Flow is independent from those providers unless a formal partnership is stated in writing. Third-party availability, data, workflows, requirements, and fees may change at any time outside our control. We do not warrant third-party services and are not responsible for their acts, omissions, outages, data, or changes. Your use of a third-party service is also governed by that provider's own terms, and you are responsible for your authorization and credentials with that provider.
7. Acceptable use
You agree not to: enter data you are not authorized to process; use the Service to provide care decisions without practitioner review; attempt to access the Service in a way that bypasses security or access controls; reverse engineer, scrape, or resell the Service; interfere with its operation; or use it for any unlawful purpose. We may suspend or terminate access for conduct that violates these Terms or creates risk for other users or for PHI.
8. Intellectual property and license
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms. We retain all rights in the Service and its software. You retain rights in the content you submit, and you grant us the limited rights necessary to operate the Service and provide it to you, consistent with the Privacy Policy and any BAA.
9. Fees
Paid features (including optional integrations and any one-time setup fees, such as for a third-party EHR integration) are described at the time of purchase or in a separate order or agreement. Fees are non-refundable except as stated in that order or as required by law.
10. Account deletion and data
You may delete your account as described on our Account Deletion page. Deleting an end-user account is separate from an organization's PHI return-or-destruction obligations, which are governed by the applicable BAA or services agreement. See the Account Deletion page for the distinction.
11. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL PRODUCE ANY PARTICULAR REIMBURSEMENT, CODING, COMPLIANCE, OR AUDIT RESULT.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDISCRIBE FLOW WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REIMBURSEMENT, CLAWBACKS, OR PENALTIES, ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
13. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless MediScribe Flow from claims, damages, and expenses arising out of your use of the Service, your documentation, clinical decisions, or submissions, your violation of these Terms, or your violation of any law or third-party right.
14. Termination
You may stop using the Service at any time. We may suspend or terminate access if you violate these Terms or to protect the Service, other users, or PHI. Provisions that by their nature should survive termination (including disclaimers, limitations of liability, and indemnification) will survive.
15. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The parties will attempt to resolve disputes informally first. Any unresolved dispute will be subject to the exclusive jurisdiction of the state and federal courts located in Texas, unless a separate signed agreement between you and MediScribe Flow provides otherwise.
16. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will update the effective date above and, where appropriate, provide notice. Your continued use of the Service after changes take effect means you accept the updated Terms.
17. Contact
Questions about these Terms can be sent to legal@mediscribeflow.com.