Platform Terms of Use - Scribe & Clinician Assistant
This Business Associate Agreement (“BAA”) is entered into between Notiro Corp. (“Business Associate”) and the healthcare provider, healthcare organization, or other HIPAA Covered Entity accepting this Agreement (“Covered Entity”).
By clicking “I Agree,” accessing, or using Notiro’s services to process Protected Health Information (“PHI”), Covered Entity agrees to the terms of this BAA.
1. Purpose
Notiro provides AI-powered clinical documentation, transcription, and workflow support services that may involve the creation, receipt, maintenance, transmission, or processing of PHI on behalf of Covered Entity.
This BAA is intended to satisfy the requirements of:
- HIPAA
- HITECH Act
- Applicable federal and state healthcare privacy laws
2. Definitions
Terms not otherwise defined herein shall have the meanings assigned under HIPAA. Including:
- Protected Health Information (PHI)
- Breach
- Security Incident
- Covered Entity
- Business Associate
- Unsecured PHI
3. Permitted Uses and Disclosures
Notiro may use and disclose PHI solely to:
- Provide the Services
- Generate clinical documentation
- Perform transcription services
- Support authorized integrations
- Maintain platform security
- Conduct customer support
- Fulfill legal obligations
Notiro shall not sell PHI.
Notiro shall not use PHI for advertising purposes.
Notiro shall not use PHI to train general-purpose or publicly available AI models.
4. Safeguards
Notiro shall implement reasonable and appropriate administrative, technical, and physical safeguards including:
- Encryption in transit (TLS 1.2+)
- Encryption at rest
- Role-based access controls
- Multi-factor authentication
- Audit logging
- Security monitoring
- Vulnerability management
- Incident response procedures
5. Subprocessors
Notiro may engage subcontractors and service providers.
Notiro shall ensure all subcontractors with access to PHI are bound by written agreements requiring protections at least as protective as this BAA.
6. Reporting
Notiro shall notify Covered Entity without unreasonable delay and no later than thirty (30) calendar days after discovery of:
- A Breach of Unsecured PHI
- Unauthorized use or disclosure of PHI
- Material Security Incidents involving PHI
Notifications shall include information reasonably available at the time.
7. Access and Amendment
Upon written request, Notiro shall provide reasonable assistance necessary for Covered Entity to:
- Access PHI
- Amend PHI
- Respond to accounting-of-disclosure requests
To the extent required by HIPAA.
8. Data Retention and Deletion
Notiro shall retain PHI only as necessary:
- To provide the Services
- To satisfy contractual obligations
- To comply with applicable law
Upon termination:
- Covered Entity may export its data within thirty (30) days.
- Following the export period, Notiro shall securely delete PHI unless retention is legally required.
9. Customer Responsibilities
Covered Entity is solely responsible for:
- Obtaining required patient consents
- Complying with recording laws
- Determining whether recordings may occur
- Reviewing all AI-generated documentation
- Ensuring clinical accuracy
10. Artificial Intelligence
Notiro provides AI-assisted documentation tools. Covered Entity acknowledges:
- AI-generated outputs are assistive only.
- Notiro does not provide medical advice.
- Healthcare professionals remain solely responsible for:
- Clinical decisions
- Diagnoses
- Treatment plans
- Billing and coding submissions
- Final documentation approval
11. Audit Rights
Upon reasonable written request and subject to confidentiality restrictions, Notiro may provide documentation reasonably necessary to demonstrate compliance with HIPAA obligations.
12. Termination
This BAA remains effective until:
- Services are terminated; and
- All PHI has been returned or securely deleted.
Either party may terminate this BAA upon material breach if the breach is not cured within thirty (30) days after notice.
13. Survival
The obligations relating to PHI protection shall survive termination for as long as PHI is retained.
14. Order of Precedence
In the event of a conflict between this BAA and any other agreement between the parties, this BAA shall control with respect to PHI.
15. Electronic Acceptance
The parties agree that electronic acceptance, including clicking “I Agree,” checking an acceptance box, or using the Services after presentation of this BAA, constitutes a legally binding signature.
16. Contact Us
If you have any questions or concerns about these Terms, please contact us at [email protected]