Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Medsage platform (“Service”), operated by Medsage (“we,” “us,” or “our”). By creating an account or using the Service, you agree to these Terms.

1. Acceptance of Terms

By accessing or using Medsage, you confirm that you are at least 18 years old, have the authority to agree to these Terms on behalf of yourself or the organisation you represent, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Service

Medsage is a clinical documentation platform designed for Traditional Chinese Medicine (TCM) practitioners, students, and clinics. The Service includes AI-assisted consultation scribing, clinical note generation, patient record management, knowledge tools, and related features (collectively, the “Features”).

The Service is a documentation tool, not a medical device. Medsage does not provide medical advice, diagnosis, or treatment. All clinical assessments, diagnoses, treatment decisions, and prescriptions remain entirely the responsibility of the licensed practitioner.

3. Account Registration

You must register for an account to use the Service. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and accept responsibility for all activity under your account.
• Notify us immediately at hello@medsage.app if you suspect unauthorised access.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to provide clinical diagnoses or medical advice to patients as if generated by the AI (all AI output requires practitioner review before use).
• Upload or transmit patient data without the patient's informed consent.
• Attempt to reverse-engineer, decompile, or circumvent any security features of the Service.
• Use the Service in any way that violates applicable laws, including health privacy regulations (AHPRA, HIPAA, GDPR, PDPA, PIPEDA).
• Share your account credentials with unauthorised persons.
• Use the Service to store or transmit malicious code.

5. Clinical Responsibility

You acknowledge and agree that:

• All AI-generated content (including transcriptions, note drafts, and clinical summaries) is a draft for your review, not a final clinical record.
• You are solely responsible for reviewing, verifying, and approving all clinical content before it forms part of any patient record.
• Clinical assessment fields (TCM pattern differentiation, pulse findings, tongue findings, acupoints, herbal formulas, treatment principles) require your direct clinical input and are never auto-populated by the AI.
• Medsage does not hold any healthcare registration or practitioner licence. Nothing in the Service constitutes professional medical or clinical advice.

6. Patient Data and Consent

You are the data controller for any patient health information you store in Medsage. You are responsible for:

• Obtaining valid informed consent from patients before recording consultations or storing their health data.
• Complying with applicable health privacy laws in your jurisdiction.
• Ensuring your use of the Service complies with any obligations under AHPRA, HIPAA, GDPR, PDPA, PIPEDA, or other applicable regulations.

We act as a data processor on your behalf. Our processing of patient data is governed by our Privacy Policy and applicable data processing agreements.

Student Practitioners — Supervisory Access

Student practitioners must obtain explicit patient consent for any supervisory access to consultation recordings and clinical notes. Patients must be informed that a supervising practitioner or institution may review session records as part of clinical training oversight.

7. AI Processing and Data Disclosure

The AI scribing feature uses Google Gemini API to transcribe consultation audio. By using AI scribing, you acknowledge and agree that:

• Consultation audio is transmitted to Google's Gemini API infrastructure for transcription processing. This may involve cross-border data transfer to servers outside your jurisdiction.
• Medsage has configured Gemini API with request logging disabled. Patient health information is not used to train Google's public AI models or retained by Google for model improvement purposes.
• Google processes audio solely for transcription and does not retain audio data after processing is complete.
• Google's processing is governed by the Google Cloud Data Processing Addendum, which is incorporated by reference into our data processing arrangements.
• You are responsible for ensuring patients are informed that their consultation audio will be processed by Google Gemini AI for transcription purposes, and for obtaining any required consent under applicable law.

8. Subscription and Billing

Access to paid features requires a subscription. All prices are in USD unless otherwise stated. By subscribing, you authorise us to charge your payment method on a recurring basis according to your selected billing cycle (monthly, annual, or multi-year).

• Free Trial: New accounts receive a 21-day free trial. No credit card is required to start a trial. If you choose to subscribe after your trial, billing begins at the end of the trial period.
• Cancellation: You may cancel at any time. Cancellation takes effect at the end of your current billing period. No refunds are issued for unused portions of a billing period, except where required by applicable law.
• Price Changes: We will give at least 30 days' notice of any price changes before they take effect.

9. Intellectual Property

Medsage and all content, features, and functionality of the Service are owned by us and are protected by intellectual property law. You retain ownership of your clinical data and any original content you create using the Service. You grant us a limited licence to store, process, and transmit your data solely to provide the Service.

10. Confidentiality and Data Security

We implement industry-standard security measures including encryption in transit and at rest, access controls, and audit logging. Details of our security practices are available on our Security & Compliance page.

Despite our security measures, no transmission over the internet is 100% secure. You use the Service at your own risk with respect to transmission security.

11. Security Breach Notification

In the event of a confirmed security breach affecting patient health information or account data, Medsage will:

• Begin investigation immediately upon discovery.
• Notify affected practitioners within 72 hours of confirming a breach, as required under GDPR and the Australian Privacy Act, or within 60 days where HIPAA notification obligations apply.
• Provide notice that includes: the nature of the data affected, the likely cause, the steps Medsage has taken to contain the breach, and recommendations for affected practitioners.

Practitioners, as data controllers for their patients, are responsible for notifying their patients of any breach in accordance with the laws applicable to their practice. To report a suspected security incident, contact security@medsage.app.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.

AI-generated transcriptions and note drafts may contain errors. You are responsible for verifying all AI output before clinical use.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

Our total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

Healthcare carve-out: This limitation of liability does not exclude or restrict liability for data protection violations under applicable law (including GDPR, the Privacy Act 1988, or HIPAA), gross negligence, or wilful misconduct.

14. Indemnification

You agree to indemnify, defend, and hold harmless Medsage and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with your own use of the Service, your violation of these Terms, or your violation of applicable law.

This indemnity does not apply to claims arising from Medsage's own negligence, breach of contract, or violation of law.

15. Termination

Either party may terminate these Terms and your access to the Service as follows:

• Breach: If you breach these Terms, we will provide written notice and 7 days to cure the breach before suspension or termination. Immediate suspension applies only where continued access poses a material security risk or legal risk.
• Convenience: Either party may terminate for any reason on 30 days' written notice.
• Data access after termination: Upon termination, you may request a copy of your data by contacting privacy@medsage.app. Clinical records are retained in accordance with mandatory healthcare record-keeping requirements (minimum 20 years). Non-clinical account data will be removed upon request.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service at least 14 days before the changes take effect. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

18. Contact Us

For questions about these Terms or the Service, contact us at:

• General enquiries: hello@medsage.app
• Privacy and data requests: privacy@medsage.app
• Security incidents: security@medsage.app