1Acceptance of the Terms
These Terms of Use govern access to and use of the Physicare.ai platform, including related web, mobile and support services.
By accessing or using the Services, you agree to be bound by these Terms. If you use the Services on behalf of a clinic, practice, employer or other organization, you represent and warrant that you have the authority to bind that organization, and any reference to the “Customer” also includes that organization.
These Terms are required in order to use the Physicare.ai services.
2Description of the Services
Physicare.ai provides software tools designed to support health professionals and healthcare organizations with clinical documentation, transcription, note writing, workflows, delivery of programs to patients and certain related administrative functions. Some features may incorporate artificial intelligence or machine learning.
Physicare.ai acts solely as a software provider. Physicare.ai does not provide medical care, diagnosis, treatment, nursing services, emergency services or professional health advice to patients.
Any content, transcript, summary, suggestion, recommendation or draft generated by the Services is for assistance only and must be independently reviewed, validated and approved by a qualified health professional before it is used, communicated or incorporated into a patient record or a care decision.
3Customer responsibilities and legal role
For Customer Data processed through the Services in the course of providing care, the relevant clinic, practice, employer or regulated health professional remains solely responsible for:
- determining the purposes and legal basis of the processing;
- complying with applicable obligations regarding the protection of personal information, health information, record keeping and professional ethics, for example those under the Act respecting the protection of personal information in the private sector (LPRPSP), as amended by the Act to modernize legislative provisions as regards the protection of personal information (commonly known as “Law 25”), and the Act respecting health and social services information (LRSSS) — this list being given as an example only and not being exhaustive, the Customer remaining responsible for identifying and complying with all laws and regulations that apply to it;
- complying with the ethical rules and professional standards that apply to it, for example those of the Ordre professionnel de la physiothérapie du Québec (OPPQ) for physiotherapists and physical rehabilitation therapists — this reference being given as an example only and not exhaustively, the Customer remaining solely responsible for knowing and complying with the ethical obligations specific to its professional order or that of its authorized users;
- obtaining any required notice, consent, authorization or other legal basis;
- ensuring that all users are properly trained and authorized to use the Services;
- reviewing and approving all outputs generated by the Services before they are used;
- implementing, using the features the Services provide for that purpose, the rights granted to patients under applicable law, including the right of restriction and the right of refusal under the LRSSS, where applicable.
Depending on applicable law and the configuration of the Services, Physicare.ai acts as a service provider, processor, agent, affiliate, information manager or equivalent role on behalf of the Customer with respect to Customer Data.
Physicare.ai acts as an independent controller only with respect to the Business Data it processes for its own legitimate purposes, including account administration, billing, security, fraud prevention, legal compliance, support and service communications.
4Eligibility and authorized use
You may use the Services only if you are legally capable of entering into a binding agreement and are authorized to use the Services in accordance with applicable laws and professional standards.
You are responsible for all activity carried out through your account and for keeping your credentials confidential. You must promptly notify Physicare.ai of any unauthorized access to your account or any suspected compromise of it.
5Prohibited use
You must not:
- use the Services in violation of applicable laws, professional obligations or the rights of third parties;
- upload, communicate or process data without legal authority;
- use an AI-generated output as the sole basis for a clinical decision;
- present AI-generated content as independently validated if it has not been;
- disrupt or compromise the integrity, security or availability of the Services;
- attempt to reverse engineer, extract, copy, benchmark or exploit the Services except to the extent permitted by law;
- introduce malware, harmful code or damaging content into the Services;
- use the Services to develop, train or improve a competing product using proprietary or confidential elements.
6Customer Data
As between the parties, the Customer retains all rights, title and interest in and to Customer Data.
The Customer grants Physicare.ai a limited, non-exclusive right to host, access, process, transmit, store and otherwise use Customer Data solely to the extent necessary to provide, maintain, secure, support and improve the Services in accordance with these Terms, the Privacy Policy, the applicable Data Processing Agreement and any applicable order form or subscription agreement.
Physicare.ai will not use identifiable Customer Data to train generalized third-party AI models. Any use of de-identified or anonymized data for product improvement, analytics or research purposes will take place only where permitted by applicable law and subject to appropriate safeguards.
7AI features and professional review
The Services may include AI-assisted features that generate transcripts, summaries, draft notes, structured outputs, documentation suggestions, administrative suggestions or other content.
AI-generated outputs may be incomplete, inaccurate, outdated, biased or unsuitable for a given patient, context or jurisdiction.
The Customer and its authorized users remain solely responsible for:
- exercising their professional judgment at all times;
- reviewing, validating, correcting and approving all AI-generated outputs before use;
- determining whether the use of AI is appropriate in a given workflow or clinical context;
- ensuring that no care decision is made solely on the basis of an AI-generated output;
- putting in place adequate internal governance, supervision and training for the safe use of the Services.
No AI feature is intended to replace professional judgment or to create an autonomous clinical decision-making process.
8Privacy, security and data processing
Physicare.ai implements reasonable and appropriate administrative, technical and organizational measures to protect Customer Data against unauthorized access, use, loss, alteration or disclosure.
Where applicable, the Data Processing Agreement forms an integral part of these Terms and governs Physicare.ai’s processing of personal information on behalf of the Customer. In the event of a conflict between these Terms and the Data Processing Agreement regarding the processing of personal information, the Data Processing Agreement prevails.
Physicare.ai maintains a list of its key processors, including, where applicable, the artificial intelligence model provider(s) used and their processing jurisdiction. This list is available on request at privacy@physicare.ai and may be used by the Customer to support its own privacy impact assessment or to populate any register of technological products and services it may be required to maintain, including under the LRSSS.
More information about how Physicare.ai handles personal information is available in the Privacy Policy.
9Fees, billing and renewals
Paid subscriptions are billed in accordance with the applicable order form, subscription flow or other written agreement.
Unless otherwise stated in writing, subscriptions renew automatically for successive periods equal to the initial period, unless cancelled before the renewal date.
All fees are non-refundable, unless required by applicable law or expressly provided for in a written agreement.
The Customer is responsible for all applicable taxes, duties and government charges.
10Availability, changes and suspension
Physicare.ai may modify, update, improve, suspend or discontinue any part of the Services from time to time.
Physicare.ai may suspend or restrict access to the Services immediately if reasonably necessary to:
- protect the security or integrity of the Services;
- respond to unauthorized access or suspected misuse;
- prevent harm to Physicare.ai, its customers, its users or third parties;
- comply with applicable law, a court order or a regulatory requirement;
- address non-payment or a material breach of these Terms.
Where reasonably possible, Physicare.ai will give notice of a suspension.
11Term and termination
These Terms remain in effect until terminated.
The Customer may stop using the Services at any time and may request that its account be closed in accordance with the applicable agreement and the Privacy Policy.
Physicare.ai may terminate or suspend access to the Services in the event of a material breach, unlawful use, non-payment or security risk, or where continuing to provide the Services would create a legal or regulatory risk.
Upon termination:
- the Customer’s right to use the Services ends immediately;
- Physicare.ai may disable access to the account and the Services;
- Customer Data will be handled in accordance with the applicable agreement, the Privacy Policy, the Data Processing Agreement and applicable law, including any retention, return, export or deletion obligation.
The Customer remains solely responsible for complying with the retention periods and other obligations under the ethical rules and professional standards that apply to it, including those of its professional order, and for taking the necessary steps, including exporting its data before termination, to comply with them.
12Intellectual property
Physicare.ai and its licensors retain all rights, title and interest in and to the Services, including all software, interfaces, documentation, trademarks, templates, workflows, visual designs and related intellectual property, excluding Customer Data.
No rights are granted to the Customer except the limited rights expressly set out in these Terms.
13Feedback
If you provide Physicare.ai with comments, suggestions, ideas or recommendations about the Services, you grant Physicare.ai a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation, provided that such use does not identify you or disclose your confidential information.
14Disclaimer of warranties
To the fullest extent permitted by law, the Services are provided “as is” and “as available”.
Physicare.ai disclaims all representations, warranties and conditions, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, availability or accuracy, or that the Services or AI-generated outputs will be error-free, complete or suitable for any particular clinical or regulatory purpose.
15Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- Physicare.ai will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages;
- Physicare.ai will not be liable for any loss of profits, revenue, goodwill, business opportunities, anticipated savings, data or use;
- Physicare.ai will not be liable for clinical decisions, patient outcomes or the professional acts or omissions of the Customer or its users;
- Physicare.ai’s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the amounts paid by the Customer to Physicare.ai for the Services giving rise to the claim during the twelve months preceding the event giving rise to the liability.
16Indemnification
The Customer will indemnify, defend and hold harmless Physicare.ai and its affiliates, officers, directors, employees, subcontractors and agents from and against any third-party claim, damage, liability, penalty, cost and expense, including reasonable legal fees, arising from:
- Customer Data provided, uploaded or processed without legal authority;
- any breach by the Customer of applicable laws, its professional obligations or these Terms;
- the Customer’s use of the Services in an unlawful, unsafe, misleading or unauthorized manner;
- the Customer’s failure to review, validate or approve AI-generated outputs before use;
- any allegation that the Customer did not have the required authority to submit or process certain data through the Services.
17Governing law and jurisdiction
These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of laws rules.
Any dispute arising out of or relating to these Terms or the Services will be submitted to the exclusive jurisdiction of the courts of Montréal, Quebec, unless mandatory law requires otherwise.
18Changes to the Terms
Physicare.ai may amend these Terms from time to time. If a change materially affects the Customer’s rights or obligations, Physicare.ai will provide reasonable notice by email, through the Services or by any other appropriate means.
Continued use of the Services after the effective date of the revised Terms constitutes acceptance of the updated Terms.
19Contact
- Privacy questions
- privacy@physicare.ai
- Support questions
- support@physicare.ai
- Mailing address
- 307 Rue Notre-Dame
Repentigny, Québec J6A 2R9, Canada