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Terms & Conditions

BurnaAI Inc

Effective Date: September 1, 2025

Last Updated: September 1, 2025

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and BurnaAI Inc ("BurnaAI," "we," "us," or "our") governing your access to and use of our healthcare AI platform, services, software, and related documentation (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services.

2. Description of Services

BurnaAI provides AI-powered healthcare solutions designed to optimize clinical workflows and documentation, including but not limited to:

Core Services:

  • Ambient AI for clinical documentation and patient encounter capture
  • Clinical Decision Intelligence tools (CDI Agent, CTCAE AI, NurseBuddy AI, TherapistBuddy AI)
  • Electronic Health Record (EHR) integrations with Epic, Cerner, MEDITECH, and other systems
  • Healthcare workflow automation and optimization tools
  • Clinical data analysis and insights generation

Platform Features:

  • Real-time clinical documentation assistance
  • Medical terminology processing and standardization
  • Healthcare compliance monitoring and reporting
  • API access for custom integrations
  • Analytics and performance dashboards

3. Eligibility and Account Registration

3.1 Eligibility

Our Services are intended solely for:

  • Licensed healthcare providers and organizations
  • Healthcare technology companies with legitimate business needs
  • Authorized representatives of covered entities under HIPAA
  • Organizations with appropriate data handling capabilities and compliance frameworks

3.2 Account Registration

To access our Services, you must:

  • Provide accurate, complete, and current registration information
  • Maintain the confidentiality of your account credentials
  • Promptly update your account information as needed
  • Ensure all users within your organization comply with these Terms

3.3 Account Responsibility

You are responsible for:

  • All activities that occur under your account
  • Maintaining the security of your login credentials
  • Promptly notifying us of any unauthorized access or security breaches
  • Ensuring your team members receive appropriate training on the Services

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Services solely for:

  • Legitimate healthcare documentation and clinical workflow purposes
  • Improving patient care quality and clinical efficiency
  • Supporting healthcare provider decision-making processes
  • Integrating with your authorized healthcare systems and workflows

4.2 Prohibited Uses

You may not use our Services to:

  • Violate any applicable laws, regulations, or healthcare standards
  • Process data for non-healthcare or unauthorized commercial purposes
  • Attempt to reverse engineer, decompile, or disassemble our software
  • Interfere with or disrupt the integrity or performance of our Services
  • Access or attempt to access accounts, data, or systems without authorization
  • Use automated scripts or bots to access the Services without permission
  • Transmit viruses, malware, or other harmful code
  • Violate the privacy rights of patients or other individuals
  • Make clinical decisions solely based on AI recommendations without appropriate medical oversight

4.3 Healthcare-Specific Restrictions

  • Our Services are decision support tools and do not replace clinical judgment
  • All AI-generated content must be reviewed and validated by qualified healthcare professionals
  • Patient safety protocols must be followed at all times
  • Adverse events or safety concerns must be reported promptly

5. Data and Privacy

5.1 Data Ownership

  • You retain ownership of all data you input into our Services
  • We do not claim ownership of your clinical data or patient information
  • You grant us a limited license to process your data solely to provide our Services

5.2 Data Protection

  • We implement industry-standard security measures to protect your data
  • All data processing complies with HIPAA, GDPR, and other applicable privacy laws
  • We maintain appropriate Business Associate Agreements where required
  • Data is encrypted in transit and at rest using enterprise-grade encryption

5.3 Data Usage

We may use aggregated, de-identified data to:

  • Improve our AI models and algorithms
  • Conduct research and development activities
  • Generate industry insights and benchmarks
  • Enhance service performance and reliability

6. Intellectual Property Rights

6.1 BurnaAI Property

We retain all rights, title, and interest in:

  • Our software platform, algorithms, and AI models
  • Our trademarks, service marks, and brand elements
  • Our proprietary methodologies and processes
  • All improvements and enhancements to our Services

6.2 Customer Data

You retain all rights to your data and grant us only the limited rights necessary to provide our Services.

6.3 Feedback

Any feedback, suggestions, or improvements you provide may be used by us without restriction or compensation.

7. Service Level Agreement (SLA)

7.1 Availability

We strive to maintain 99.9% uptime for our core Services, measured monthly excluding:

  • Scheduled maintenance windows (with 48-hour advance notice)
  • Force majeure events beyond our reasonable control
  • Issues caused by your systems or network connectivity

7.2 Support

We provide:

  • 24/7 technical support for critical issues
  • Business hours support for general inquiries
  • Dedicated customer success management for enterprise clients
  • Comprehensive documentation and training resources

7.3 Performance Standards

  • API response times: 95% of requests processed within 2 seconds
  • Data processing accuracy: >95% clinical accuracy with physician validation
  • Security incident response: Within 4 hours for critical security issues

8. Payment Terms

8.1 Fees

  • Service fees are as specified in your subscription agreement or order form
  • All fees are non-refundable except as expressly stated in these Terms
  • Fees may be adjusted annually with 60 days' written notice

8.2 Billing

  • Subscription fees are billed in advance on a monthly or annual basis
  • Usage-based fees are billed monthly in arrears
  • Payment is due within 30 days of invoice date
  • Late payments may incur interest charges of 1.5% per month

8.3 Suspension

We may suspend your access to Services for:

  • Non-payment of fees after 30 days past due
  • Material breach of these Terms
  • Suspected fraudulent or illegal activity

9. Compliance and Regulatory Requirements

9.1 HIPAA Compliance

For customers subject to HIPAA:

  • We will enter into a Business Associate Agreement (BAA)
  • All Protected Health Information (PHI) will be handled in accordance with HIPAA requirements
  • We maintain appropriate administrative, physical, and technical safeguards

9.2 FDA and Clinical Requirements

  • Our Services are intended for use by qualified healthcare professionals
  • Clinical decision support features are not FDA-approved medical devices
  • All clinical recommendations must be independently verified by healthcare providers
  • Customers are responsible for ensuring compliance with applicable medical device regulations

9.3 International Compliance

  • GDPR compliance for European customers
  • Data localization requirements where applicable
  • Cross-border data transfer protections
  • Local healthcare regulation compliance

10. Disclaimers and Limitation of Liability

10.1 Service Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT AND TITLE
  • ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT
  • UNINTERRUPTED OR ERROR-FREE SERVICE OPERATION

10.2 Clinical Disclaimers

  • Our AI tools are decision support systems, not diagnostic or treatment devices
  • Clinical decisions remain the sole responsibility of qualified healthcare providers
  • Patient safety protocols must be maintained independently of our Services
  • We do not guarantee clinical outcomes or patient care improvements

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
  • LOST PROFITS, DATA, OR BUSINESS OPPORTUNITIES
  • PATIENT CARE OUTCOMES OR CLINICAL DECISIONS
  • THIRD-PARTY SYSTEM FAILURES OR INTEGRATION ISSUES

11. Indemnification

11.1 Customer Indemnification

You agree to indemnify and hold BurnaAI harmless from claims arising from:

  • Your use of the Services in violation of these Terms
  • Your breach of applicable laws or regulations
  • Clinical decisions made using our Services
  • Data you provide or process through our Services

11.2 BurnaAI Indemnification

We will indemnify you against third-party claims that our Services infringe valid intellectual property rights, subject to:

  • Prompt written notice of the claim
  • Exclusive control over defense and settlement
  • Your reasonable cooperation in the defense

12. Term and Termination

12.1 Term

These Terms remain effective until terminated by either party in accordance with these provisions.

12.2 Termination for Convenience

Either party may terminate with 30 days' written notice.

12.3 Termination for Cause

We may terminate immediately if you:

  • Materially breach these Terms and fail to cure within 15 days
  • Violate healthcare regulations or patient safety requirements
  • Engage in fraudulent or illegal activities
  • Become insolvent or cease business operations

12.4 Effects of Termination

Upon termination:

  • Your access to Services will cease immediately
  • You may export your data for 30 days after termination
  • We will delete your data in accordance with our retention policies
  • Payment obligations for services rendered remain due

13. Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, pandemics, cyber attacks, or infrastructure failures.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of [INSERT STATE/JURISDICTION], without regard to conflict of law principles.

14.2 Dispute Resolution

  • Disputes shall be resolved through binding arbitration
  • Arbitration shall be conducted under [INSERT ARBITRATION RULES]
  • The arbitration venue shall be [INSERT LOCATION]
  • Each party bears its own costs except as awarded by the arbitrator

14.3 Exceptions

Either party may seek injunctive relief in court for:

  • Intellectual property violations
  • Confidentiality breaches
  • Security threats or data breaches

15. General Provisions

15.1 Entire Agreement

These Terms, together with your subscription agreement and any applicable BAA, constitute the entire agreement between the parties.

15.2 Modifications

We may modify these Terms by providing 30 days' notice. Continued use of Services constitutes acceptance of modified Terms.

15.3 Assignment

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.

15.4 Severability

If any provision is found invalid, the remaining provisions shall remain in full force and effect.

15.5 Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

15.6 Survival

Provisions regarding confidentiality, intellectual property, payment, and limitation of liability survive termination.

16. Contact Information

For questions regarding these Terms, please contact:

BurnaAI Inc

Email: hello@burna.ai

Terms & Conditions | BurnaAI - Burna AI