Terms of service

1. The agreement#

These terms form an agreement between Margent Health, Inc. and the organization ("Customer") that creates an account or signs an order form. If you accept on behalf of an organization, you confirm you have authority to bind it. Individual clinicians on a private-practice plan are the Customer. The Business Associate Agreement and any order form are part of this agreement.

2. The service#

Margent provides software for capturing clinical sessions, drafting and checking documentation, and related operations (intake, supervision, measurement, billing support and EHR delivery). Features available to you depend on your plan. We may improve and change the service; we won't materially reduce core functionality during a paid term without notice.

3. Clinical responsibility#

4. Customer data#

• Customer owns its data, including session audio, transcripts, notes and records ("Customer Data").
• We process Customer Data only to provide, secure and support the service, as instructed by Customer and as permitted by the BAA.
• We do not use Customer Data to train or fine-tune AI models. Model providers receive PHI only after a BAA with them is in place.
• We may use aggregated, de-identified usage metrics (for example, counts of notes signed) to operate and improve the service. These never include clinical content.

5. Customer responsibilities#

• Obtain and document all consents required by law and professional standards before recording any person, including state recording and AI-disclosure laws.
• Configure user access appropriately and keep credentials secure.
• Use the service in compliance with HIPAA, 42 CFR Part 2, FERPA and other laws that apply to Customer.
• Not use the service to record anyone without consent, to reverse engineer it, to probe its security without written permission, or to build a competing product.

6. Fees, trials and cancellation#

Fees are set out on our pricing page or your order form. Free trials require no payment card and end automatically; nothing is charged unless Customer chooses a plan.

• Cancelling. Customer may cancel a self-serve subscription at any time in Settings → Billing, without contacting us. Monthly subscriptions remain active to the end of the paid month and do not renew.
• Annual refund window. If Customer cancels an annual self-serve subscription within 30 days of its start date, we refund the full annual fee. After 30 days, the subscription runs to the end of its term and does not renew.
• Seat changes. Seats added during a billing period are charged pro rata to the day. Seats removed take effect at the next renewal.
• Enterprise and order forms. Subscriptions bought under an order form renew and may be cancelled as that order form states.

Except as set out in this section, in an order form, or where law requires otherwise, fees are non-refundable.

7. Term, termination and export#

Either party may terminate for material breach not cured within 30 days of notice. On termination, Customer may export its data for 30 days, after which we delete it (and confirm in writing on request), except where law requires retention.

8. Warranties and disclaimers#

We warrant that the service will perform materially as described in our documentation and that we will maintain the safeguards described in our security documentation. Otherwise, the service is provided "as is" to the extent allowed by law.

9. Liability#

Except for breaches of confidentiality, data protection obligations, or a party's indemnity obligations, each party's total liability is limited to fees paid or payable in the 12 months before the claim, and neither party is liable for indirect or consequential damages. [Caps and carve-outs to be finalized by counsel.]

10. General#

These terms are governed by the laws of the State of Delaware [to be confirmed]. We'll give 30 days' notice of material changes. Notices to us: legal@getmargent.com.