ScribeUp Terms of Service

ScribeUp is provided by The Blue Ribbon Solutions Pty Ltd ABN 12 701 306 292 (Blue Ribbon Solutions, we, us or our).

In these Terms, ScribeUp or the Services means the ScribeUp websites, web applications, browser extensions, software, features and related services that we make available from time to time, including through:

• https://ScribeUp.com.au (main website)
• https://ScribeUpndis.com.au (NDIS web app)
• https://ScribeUpgp.com.au (GP web app)
• https://ScribeUpdoc.com.au (specialists web app)
• any other ScribeUp application, extension or service we make available

(together, the Platform).

By creating an Account, subscribing to, accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, you must not access or use the Services.

If you use the Services on behalf of a company, practice or other organisation, you represent that you have authority to bind that organisation to these Terms.

Our Privacy Policy applies to our handling of personal information in connection with the Services. If you enter into a separate written order form, enterprise agreement or other agreement with us, that document will prevail to the extent of any inconsistency with these Terms.

You must be at least 18 years old and capable of entering into a binding contract to create an Account and use the Platform.

The Platform is intended for professional use by health practitioners (including allied health practitioners, GPs, psychiatrists and other medical specialists) and their practices.

You are responsible for ensuring your use of the Platform complies with all professional, ethical and regulatory obligations applicable to you and your practice.

The Platform is an AI-assisted clinical scribing and documentation tool. Subject to the features available to you, a User may record a consultation or session after obtaining appropriate consent, process consultation audio using speech-to-text technology, provide reference material for processing, and generate draft reports, notes or other documentation using artificial intelligence. A User may copy generated content into their own electronic medical record system or download it to their device, including in PDF format.

No clinical advice or diagnosis. The Platform does not provide medical or clinical advice, diagnosis, treatment recommendations or clinical decision-making, and is not a substitute for the professional judgment, skill or responsibility of a qualified healthcare practitioner.

AI Output is a draft. AI Output may contain errors, omissions, inaccuracies or inappropriate wording and may not accurately reflect the consultation or source material. Before AI Output is used, relied on, provided to another person or entered into a clinical record, a qualified practitioner must review it in full, verify it against the consultation and relevant source material, make any necessary corrections and satisfy themselves that the final document is clinically and professionally appropriate.

You acknowledge and agree that you remain solely responsible for your clinical documentation, the accuracy and completeness of any record, your professional judgment and patient or client care.

You must not use ScribeUp as the sole basis for a diagnosis, treatment decision or other professional decision, or for emergency or time-critical clinical decision-making.

We do not warrant that AI Output will satisfy the requirements of the NDIA, NDIS, Medicare, AHPRA, any National Board, professional association, insurer, funder, employer, electronic medical record system or other regulatory or professional body.

You must only record, upload, submit or otherwise process information through ScribeUp where you have a lawful basis and all necessary consents, permissions and authority to do so.

Before recording a consultation or session, you are responsible for informing the patient or other participant that an AI-assisted documentation service will be used and obtaining all consents required by applicable privacy, surveillance or recording, health-records and other laws, as well as any applicable professional or organisational requirements.

You must not use ScribeUp to covertly or unlawfully record any person.

Where you submit information concerning another individual, you represent that you are authorised to do so and that your collection, disclosure and use of that information complies with applicable law.

NSQHS Standards and AHPRA. You agree to use the Platform in a manner consistent with the National Safety and Quality Health Service Standards, to the extent applicable to you or your organisation, and requirements, guidance and standards issued by AHPRA and relevant National Boards, to the extent applicable to you.

We do not represent or warrant that the Platform, or your use of it, will automatically ensure compliance with the NSQHS Standards, AHPRA requirements or any other healthcare accreditation, professional or regulatory framework.

You agree to use the Platform in a manner consistent with your professional obligations, including in relation to maintaining appropriate records, privacy and confidentiality, and professional conduct.

You should only submit personal information, health information and other sensitive information that is reasonably necessary for the relevant documentation purpose. You must not submit unnecessary identifiers or sensitive information merely because the Services are capable of processing them. This does not prevent you from submitting information that is reasonably necessary for the relevant consultation, documentation or professional purpose.

To use the Platform you must create an Account using a valid email address and complete any required verification.

You must provide accurate and current Account information, keep your login credentials secure, not share your Account with an unauthorised person, and promptly notify us if you suspect unauthorised access.

You are responsible for activity that occurs under your Account, except to the extent caused by our breach of these Terms or applicable law.

We may require reasonable security or verification steps to protect Accounts and the Platform.

Free allowance. On first sign-up, eligible Users may receive up to 5 free note generations, subject to any eligibility criteria or usage restrictions displayed at sign-up.

We offer a range of Subscription plans for the Services. The available plans, applicable fees and note-generation allowances are displayed through the Services and may vary depending on the ScribeUp service you use.

NDIS plans (per month)

GP plans (per month)

Psychiatrists + Specialists plans (per month)

Currency and taxes. Pricing is in Australian dollars unless stated otherwise. Taxes (including GST) apply as required by law. Unused notes do not roll over to the next billing period.

Current pricing and plan inclusions are displayed through the Services and will be made available to you before you subscribe. The pricing and plan inclusions displayed at the time you subscribe form part of your Subscription.

Paid Subscriptions. Paid Subscriptions are billed in advance at the billing frequency shown when you subscribe. Payments are processed through Stripe or another payment provider notified to you. You authorise us and our payment provider to charge the applicable Subscription fee using your nominated payment method.

Recording and usage limits. The Platform may apply reasonable recording-duration, usage or technical limits, including safeguards designed to prevent inadvertently lengthy recordings. Applicable limits will be displayed through the Services or otherwise notified to you. You must not attempt to circumvent those limits.

Usage limits (minutes)

The Platform may apply “soft” and “hard” limits on recording time to prevent long recordings (for example, if a User forgets to stop recording).

Overages/extra charges. There are no hidden or additional overage charges for recording duration. If a User exceeds the note allowance included in their Subscription, additional notes may be generated at a charge of $1.50 per additional note on NDIS plans, or $2.00 per additional note on GP and Psychiatrists + Specialists plans, as described below.

Exceeding note allowances. If you exceed the note-generation allowance included in your Subscription, you may continue to use the Platform and generate additional notes. Each additional note generated above your included allowance will incur a charge of $1.50 (NDIS) or $2.00 (GP and Psychiatrists + Specialists) per note, which will be charged to your nominated payment method at or towards the end of the applicable billing period. There are no other hidden or overage charges associated with exceeding your included note-generation allowance.

Auto-renewal. Unless otherwise stated at purchase, Subscriptions renew automatically for successive billing periods until cancelled.

Cancellation. You may cancel using the cancellation process made available through ScribeUp. If you cancel during a billing period, your Subscription will ordinarily remain active until the end of that billing period and will not renew after that date.

Refunds. Unless required by law or expressly stated otherwise, we do not provide a refund merely because you change your mind or cancel part-way through a billing period. We may provide refunds for billing errors or in other circumstances at our discretion. Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including any applicable rights under the Australian Consumer Law.

Pricing changes. We may change Subscription pricing or plan inclusions for future billing periods by giving reasonable notice before the change takes effect. A price change will not retrospectively alter fees already paid for the current billing period.

You must not:

• use the Platform for any unlawful purpose or without any legally required patient or participant consent;
• interfere with or disrupt the Platform, introduce malware or malicious code, or compromise its security or integrity;
• attempt to gain unauthorised access to any system, Account or data;
• reverse engineer, decompile or otherwise attempt to extract source code, models, prompts or underlying systems, except to the extent permitted by law;
• scrape, crawl or systematically extract data from the Platform except through functionality we provide or with our written permission;
• circumvent technical, security, Account or usage restrictions;
• share Accounts or credentials in breach of your Subscription or with unauthorised persons;
• resell, sublicense, rent, lease or otherwise make the Platform available to a third party except as expressly permitted by us;
• use the Platform to infringe intellectual property rights, privacy, confidentiality or other rights;
• use the Platform, AI Output or data derived from it to build, train, benchmark or improve a competing product or model in a manner that infringes our intellectual property or other rights;
• misrepresent AI Output as having been independently prepared or clinically verified where it has not been appropriately reviewed; or
• use ScribeUp in a way that creates an unreasonable risk to patients, other persons or the security of the Services.

Our IP. We or our licensors own all intellectual property rights in the Platform, including its software, design, branding, documentation, underlying technology, proprietary templates and template architecture, and any updates or improvements.

Your content. You retain ownership of your User Inputs. We do not acquire ownership of User Inputs merely because they are processed through ScribeUp.

Ownership of AI Output. As between you and us, and subject to any rights that cannot legally vest in you, you own the AI Output generated for you through your use of the Platform. This does not transfer ownership of the Platform, our underlying technology, pre-existing materials, branding, proprietary templates or third-party intellectual property.

Licence. You grant us a limited, non-exclusive licence to host, transmit, process and otherwise use User Inputs and AI Output only to the extent reasonably necessary to provide, secure, maintain and support the Platform, generate AI Output, troubleshoot, comply with law and perform our obligations under these Terms, subject to our Privacy Policy.

Access right. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable right to access and use the Platform for your legitimate professional or business purposes during your Subscription or other permitted access period.

Our handling of personal information, including health information and other sensitive information, is described in our Privacy Policy and applicable Privacy Collection Notice.

You are responsible for ensuring that your use of ScribeUp complies with applicable privacy, health-records, surveillance or recording laws and professional obligations.

Consultation information may need to be processed by third-party technology providers for the Services to operate.

We do not use consultation audio, transcripts, reference documents or generated clinical documentation to train our own general or foundation AI models.

The Platform uses third-party services, including (as applicable):

• Deepgram (speech-to-text, Australia region)
• AWS Bedrock (Anthropic model, Australia region)
• Stripe (payments)
• Supabase (authentication/account database hosting, Sydney region)
• Vercel (deployment/hosting; intended region Syd1)
• Google Cloud OAuth — Australia region (for Google authentication/pass-through using a Google Account)
• SMTP2GO — Australia region (for email services)

We use third-party providers to deliver aspects of ScribeUp, including providers of speech-to-text services, cloud and AI infrastructure, authentication and database services, website/application hosting and payment processing.

Third-party services may have their own terms and policies. We take reasonable steps to select and configure providers having regard to the nature of the information being processed, but we do not control every aspect of third-party infrastructure. To the extent permitted by law, we are not responsible for third-party services outside our reasonable control.

If the Platform interoperates with a third-party product, including an electronic medical or practice management system, your use of that product is governed by its own terms. We do not warrant that any third-party integration will remain available.

We aim to provide reliable Services but do not guarantee uninterrupted, error-free or continuous availability.

The Platform may be unavailable because of maintenance, updates, security events, internet or telecommunications failures, third-party provider outages or circumstances beyond our reasonable control.

We may make reasonable changes to the Platform to improve functionality, security or compliance. We may also add, modify or remove features from time to time.

Where a change materially adversely affects the core functionality of a paid Subscription, we will take reasonable steps to provide appropriate notice where practicable.

Features identified as beta, trial or experimental may be changed, suspended or withdrawn at any time and are provided on an ‘as is’ basis, subject to rights that cannot lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, condition, warranty, right or remedy imposed or conferred by law that cannot lawfully be excluded, restricted or modified, including any applicable rights under the Australian Consumer Law.

Subject to the paragraph above and to the maximum extent permitted by law:

• the Platform and AI Output are provided on an ‘as is’ and ‘as available’ basis;
• AI Output may be incomplete, inaccurate or contain errors;
• we do not guarantee that AI Output is suitable for any particular clinical, professional, regulatory, funding, insurance or record-keeping purpose;
• you are responsible for independently reviewing, correcting and approving AI Output before use; and
• we are not responsible for clinical decisions made by practitioners or other persons relying on AI Output, except to the extent liability cannot lawfully be excluded.

To the extent permitted by the Australian Consumer Law, where a statutory guarantee applies to Services not ordinarily acquired for personal, domestic or household use, our liability for failure to comply with that guarantee is limited, at our option, to supplying the Services again or paying the cost of having the Services supplied again, unless it would not be fair or reasonable for us to rely on that limitation.

We may suspend access to all or part of the Services where reasonably necessary to address a security risk, prevent suspected unlawful or unauthorised activity, protect patients, Users or third parties, investigate a material breach of these Terms, comply with law or a regulatory requirement, or address overdue payment.

Where reasonably practicable, we will notify you of a suspension and provide an opportunity to remedy the issue.

You may stop using ScribeUp at any time and may cancel a paid Subscription in accordance with section 8 of these Terms.

We may terminate your access if you materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within a reasonable period after notice. We may terminate immediately where reasonably necessary because of serious unlawful conduct, fraud, a material security risk or conduct creating a material risk of harm.

On termination, your right to access the Platform ends, subject to any rights required by law and any continued access through the end of a paid billing period following cancellation.

Provisions that by their nature are intended to survive termination, including provisions concerning intellectual property, confidentiality obligations, disclaimers, liability and accrued rights, continue to apply.

To the maximum extent permitted by law and subject to section 14 of these Terms, neither party is liable to the other for indirect, incidental, special or consequential loss, or loss of profits, revenue, goodwill or data, arising out of or in connection with the Services or these Terms, except to the extent such liability cannot lawfully be excluded.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services or these Terms is limited to the total fees paid or payable by you for the Services in the 12 months immediately preceding the event giving rise to the liability.

This limitation does not apply to your liability under the indemnity in section 17 or to either party’s breach of confidentiality.

Nothing in these Terms excludes or limits liability to the extent that it cannot lawfully be excluded or limited.

To the extent permitted by law, you indemnify us and our officers, employees and contractors against any liability, loss, damage, costs and expenses (including reasonable legal costs) arising out of or in connection with:

• your material breach of these Terms;
• any User Inputs submitted by or on your behalf, including any third-party claim arising because personal information, health information, consultation audio, reference documents or other User Inputs were collected, recorded, disclosed or provided to ScribeUp without any consent, permission or authority required by law;
• any clinical, professional, administrative or regulatory decision made by you in reliance on AI Output without the review and verification required by these Terms;
• your breach of any applicable privacy, health-records, surveillance or recording law; or
• any claim that User Inputs submitted by or on your behalf to the Platform infringe a third party’s intellectual property rights,

except to the extent that the relevant liability, loss, damage, cost or expense was caused or contributed to by our breach of these Terms, negligence, fraud or wilful misconduct.

Intellectual property indemnity by us. We indemnify you against liability to a third party to the extent that it arises from a claim that the Platform, as provided by us and used by you in accordance with these Terms, infringes that third party’s intellectual property rights. Our obligations under this clause do not apply to the extent that the claim arises from:

• User Inputs or other material provided by you or a third party;
• your modification of the Platform or use of the Platform in combination with products, services or materials not supplied or approved by us, where the infringement would not otherwise have occurred;
• your use of the Platform contrary to these Terms or our reasonable written instructions; or
• your continued use of the Platform after we have notified you of the alleged infringement and provided a reasonable alternative or other means of avoiding the infringement.

If a claim described above is made or, in our reasonable opinion, is likely to be made, we may at our cost and option:

• obtain the right for you to continue using the affected part of the Platform;
• modify or replace the affected part of the Platform so that it is no longer infringing without materially reducing its functionality; or
• if neither option is reasonably available, terminate your right to use the affected part of the Platform and refund any prepaid Subscription fees attributable to the period after termination.

Subject to any right or remedy that cannot lawfully be excluded, this section sets out your sole and exclusive remedy against us in respect of a third-party intellectual property infringement claim.

Each party must keep confidential any non-public information of the other party that is identified as confidential or that a reasonable person would understand to be confidential, and use it only as reasonably necessary to exercise its rights and perform its obligations under these Terms.

User Inputs and patient or client information are confidential information of the User or relevant practice. Non-public aspects of the Platform, including proprietary documentation and technology, are our confidential information.

Confidential information does not include information that is public through no breach of these Terms, was lawfully known before disclosure, is independently developed without use of the confidential information, or is lawfully received from a third party without restriction.

A party may disclose confidential information where required by law, provided it gives reasonable prior notice where lawful and practicable to do so.

Notices may be sent to the email address associated with your Account, by an in-product notice or by posting a notice on the Platform. You are responsible for keeping your contact details current.

We may update these Terms from time to time. If we make a material change that adversely affects your rights under a paid Subscription, we will provide reasonable notice before the change takes effect, except where an earlier change is reasonably necessary for security, legal or regulatory reasons. If you do not agree to a material change, you may cancel your Subscription before the change takes effect. Continued use after the change takes effect constitutes acceptance of the updated Terms.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, which will not be unreasonably withheld where appropriate. We may assign or novate these Terms in connection with a sale, merger, restructure or transfer of our business or relevant assets, subject to applicable law.

Force majeure. Neither party is liable for a failure or delay in performing an obligation, other than an obligation to pay money, to the extent caused by circumstances beyond its reasonable control.

Entire agreement. These Terms, together with our Privacy Policy and any separate written order or agreement that expressly applies to the Services, constitute the agreement between the parties concerning the Services and supersede prior discussions on that subject.

Severability. If a provision is invalid or unenforceable, it will be read down to the extent necessary and the remaining provisions continue in effect.

Waiver. A failure or delay in exercising a right does not waive that right.

No agency. Nothing in these Terms creates a partnership, agency, employment or fiduciary relationship between the parties.

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from those courts. Any mandatory law, including the Australian Consumer Law where applicable, prevails to the extent of any inconsistency.

The Blue Ribbon Solutions Pty Ltd

ABN 12 701 306 292

Email: admin@ScribeUp.com.au