These Terms of Service ("Terms") govern your access to and use of Cagnea's website, software, and services (collectively, the "Services") provided by Atlas Medical Solutions Inc. ("Cagnea," "we," "our," or "us"). By accessing or using the Services, you agree to these Terms.
If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
1. The Services
Cagnea provides AI-assisted clinical documentation tools for licensed healthcare professionals and the organizations that employ them. The Services are intended to support — not replace — clinical judgment. The healthcare professional remains solely responsible for the accuracy of any documentation produced, the clinical decisions made, and patient care delivered.
2. Eligibility and accounts
- You must be a licensed healthcare professional or an authorized employee of a healthcare organization to use the Services.
- You must provide accurate, current, and complete information when creating an account and keep it updated.
- You are responsible for safeguarding your credentials and for all activity under your account.
- You must promptly notify us of any unauthorized access or security incident.
3. Acceptable use
You agree not to:
- Use the Services in violation of applicable laws or regulations, including HIPAA
- Use the Services to provide care without an established treatment relationship between the healthcare professional and the patient
- Reverse engineer, decompile, or attempt to derive the source code of the Services
- Resell, sublicense, or commercially redistribute the Services without our written consent
- Submit malicious code, attempt to disrupt the Services, or circumvent security measures
- Use the Services to harass, defame, or violate the rights of any person
- Use the Services to develop a competing product
4. PHI and HIPAA
If you use the Services to process Protected Health Information (PHI), Cagnea will execute a Business Associate Agreement (BAA) with the covered entity or business associate using the Services. The BAA governs Cagnea's handling of PHI as a business associate. The BAA, together with HIPAA, takes precedence over these Terms with respect to PHI.
You are responsible for ensuring you have appropriate authorization to use the Services to process patient information and for complying with applicable laws governing patient consent and disclosure.
5. Subscription, billing, and trials
- Paid plans renew automatically at the end of each billing cycle unless cancelled before renewal.
- Trial periods convert to paid subscriptions only when expressly elected by the customer.
- Fees are non-refundable except as required by law or as expressly stated in your order form.
- We may change pricing with at least 30 days' notice; changes take effect at the next renewal.
- You are responsible for taxes on your purchase except for taxes on our income.
6. Intellectual property
The Services, including all software, features, and content provided by Cagnea, are owned by Cagnea or its licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms during your subscription.
You retain all rights to the patient data and notes generated through your use of the Services. You grant Cagnea a limited license to process that data solely as necessary to provide the Services and as governed by the BAA.
We do not use customer data, including PHI, to train, fine-tune, or evaluate machine learning models.
7. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAGNEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Cagnea does not warrant that the Services will be uninterrupted, error-free, or that any output will be accurate or complete. The Services are not a medical device and are not intended to diagnose, treat, cure, or prevent any disease. The healthcare professional remains responsible for clinical judgment and the accuracy of all clinical documentation.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAGNEA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAGNEA'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO CAGNEA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limitations do not apply to liability for gross negligence, willful misconduct, or any other liability that cannot be limited under applicable law.
9. Indemnification
You agree to indemnify and hold Cagnea harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising out of your use of the Services in violation of these Terms or applicable law, or your infringement of any third-party right.
10. Term and termination
These Terms remain in effect while you use the Services. You may stop using the Services and cancel your subscription at any time through your account settings or by contacting us. We may suspend or terminate access to the Services if you violate these Terms, fail to pay fees, or for legal or operational reasons.
Upon termination, your right to access the Services ends. PHI handling upon termination is governed by the BAA. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) survive.
11. Changes to the Services or Terms
We may modify the Services or these Terms from time to time. Material changes will be communicated through the Services or by email. Continued use of the Services after the effective date of the changes constitutes acceptance of the updated Terms.
12. Governing law and dispute resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Los Angeles County, California, and the parties consent to the personal jurisdiction of those courts.
13. General
- If any provision of these Terms is held unenforceable, the remaining provisions will remain in full effect.
- Our failure to enforce a provision is not a waiver of our right to do so later.
- You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- These Terms, together with the BAA (if applicable) and any order form, constitute the entire agreement between you and Cagnea regarding the Services.
14. Contact
For questions about these Terms:
Atlas Medical Solutions Inc.
Studio City, Los Angeles, CA
Email: hello@atlasmedical.solutions