Terms of Service – Hikigai AI Companion App

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Doctor," "you," or "User") and Hikigai, Inc. ("Hikigai," "we," "us," or "our") governing your access to and use of the Hikigai AI Companion App (the "Companion App").

By downloading, installing, accessing, or using the Companion App, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Companion App.

2. Description of the Companion App

The Companion App is a mobile application designed exclusively for authorized healthcare professionals to:

• Scan a QR code generated within AIScribe / CarePilot web applications
• Record doctor–patient consultations using a mobile device
• Sync recorded audio and AI-generated transcriptions in real time to the linked web app

The Companion App functions solely as an extension of the AIScribe platform and does not operate as a standalone service.

3. Eligibility and Authorized Use

You may use the Companion App only if:

• You are a licensed healthcare professional or authorized clinical staff
• You have valid access to AIScribe / CarePilot web applications
• Your organization has an active agreement with Hikigai
• You use the app strictly for professional, clinical documentation purposes

Patients and members of the general public are not permitted to use the Companion App.

4. No Medical Advice

The Companion App:

• Does not provide medical advice
• Does not diagnose, treat, or recommend care
• Does not replace professional clinical judgment

All clinical decisions remain solely your responsibility.

5. Account Access and QR-Based Authentication

• The Companion App does not require separate account creation
• Access is granted by scanning a QR code displayed in the authorized web app
• Each QR session is time-bound and securely linked
• You are responsible for ensuring QR codes are not shared or misused

Hikigai is not responsible for access issues caused by unauthorized QR sharing.

6. Audio Recording Responsibilities

By using the Companion App, you acknowledge and agree that:

• Audio recording occurs only when you explicitly initiate it
• Visual indicators will signal when recording is active
• You are solely responsible for complying with patient consent and recording laws
• Hikigai does not obtain patient consent on your behalf

You agree to use the recording feature only in compliance with applicable laws, professional ethics, and institutional policies.

7. User Content

"User Content" includes:

• Recorded audio
• Transcriptions
• Clinical notes generated via the Companion App

You retain ownership of your User Content. However, by using the Companion App, you grant Hikigai a limited, non-exclusive, royalty-free license to process this content solely to:

• Provide transcription and syncing services
• Maintain continuity with the web app
• Comply with legal obligations
• Improve service reliability using de-identified data

8. HIPAA and Protected Health Information

When handling Protected Health Information (PHI), Hikigai acts as a Business Associate under HIPAA.

• PHI is processed only under an active Business Associate Agreement (BAA)
• Hikigai applies administrative, technical, and physical safeguards
• PHI is never sold or used for general AI model training

HIPAA rights must be exercised through your healthcare organization.

9. Acceptable Use

You agree not to:

• Use the Companion App for non-clinical or personal purposes
• Record consultations without appropriate authorization or consent
• Attempt to bypass security or access controls
• Reverse engineer, modify, or misuse the app
• Use the app in violation of any law, regulation, or professional standard

Violation of these rules may result in immediate suspension or termination of access.

10. Service Availability and Limitations

The Companion App depends on:

• Device hardware and OS
• Internet connectivity
• Web app availability

Hikigai does not guarantee uninterrupted or error-free operation. Sync delays, transcription inaccuracies, or service interruptions may occur.

11. AI Limitations

You acknowledge that:

• AI-generated transcriptions may contain errors
• Outputs are intended as clinical documentation assistance only
• You are responsible for reviewing, editing, and approving final notes

Hikigai is not liable for clinical decisions made based on unreviewed AI output.

12. Intellectual Property

All rights, title, and interest in the Companion App—including software, design, trademarks, and underlying technology—belong exclusively to Hikigai.

No rights are granted except as expressly stated in these Terms.

13. Termination

Hikigai may suspend or terminate access to the Companion App if:

• These Terms are violated
• Your web app access is revoked
• Required agreements (including BAAs) lapse
• Use poses legal, security, or compliance risks

Termination may occur without prior notice where required for safety or compliance.

14. Disclaimer of Warranties

The Companion App is provided "as is" and "as available."

Hikigai disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. Limitation of Liability

To the maximum extent permitted by law, Hikigai shall not be liable for:

• Clinical outcomes or documentation errors
• Recording consent violations
• Data loss due to network or device issues
• Indirect, incidental, or consequential damages