These Terms are intended for clinicians and other authorized workforce users whose access to the Services is provisioned directly by Keensight Health or, more commonly, by a clinic, medical group, health system, practice, employer, or other organization (each, an “Organization”) that has purchased or otherwise obtained access to the Services from Keensight Health.

By clicking “Accept,” creating an account, accessing, or using the Services, you agree to be bound by these Terms. If your access is provisioned by an Organization, your use of the Services is also subject to the applicable Customer Agreement between Keensight Health and that Organization, and your Organization may control certain aspects of your access and use of the Services as described in these Terms. If you do not agree, do not access or use the Services.

If you are using the Services on behalf of an Organization, you represent that you are authorized to do so and that you will use the Services only in accordance with that Organization’s instructions, policies, and the applicable Customer Agreement.

If you are using the Keensight Health Educational Application for practicing communication skills through AI role plays, or any related software or services, please review the separate terms that apply to that application.

These Terms govern the clinician-facing Keensight Health platform, applications, and related services used by clinicians and other authorized workforce users, including features that may involve patient interactions, recordings, transcripts, summaries, documentation support, clinician coaching, and related workflows.

These Terms include the Keensight Health Privacy Notice and, where applicable, the Customer Agreement, meaning the Master Software Agreement or other written agreement between Keensight Health and the applicable clinic, practice, medical group, health system, employer, or other Organization governing the Services, together with any applicable Order Form, Business Associate Agreement, Data Processing Addendum, or similar addendum. If there is a conflict between these Terms and an applicable Customer Agreement, the Customer Agreement will control.

These Terms do not apply to any patient-facing product, workflow, or experience for which Keensight Health presents separate patient-facing terms, consent language, or privacy disclosures.

You may use the Services only if you:

You may be required to create an account to access the Services. You agree to provide accurate, current, and complete account information and to keep that information updated. You are responsible for safeguarding your login credentials and for all activity occurring under your account. You must promptly notify us at support@keensighthealth.com if you know or suspect unauthorized access to your account or the Services.

If your account is created, provisioned, sponsored, or managed by a clinic, practice, medical group, health system, employer, or other Organization, that Organization may control certain aspects of your account and use of the Services, including enabling, disabling, suspending, reassigning, or terminating access, managing settings, integrations, or user roles, and accessing account-related information to the extent permitted by law and the applicable Customer Agreement.

By creating an account, providing your email address, or using the Services, you agree that Keensight Health may send you emails relating to your account and your use of the Services, including onboarding messages, product tips, educational content, feature updates, and support communications designed to help you use the Services effectively. You may opt out of non-essential promotional or educational emails by following the unsubscribe instructions in those emails, but you may still receive transactional, account, or service-related communications.

4.1 Limited License

Subject to these Terms and any applicable Customer Agreement, Keensight Health grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services solely for your internal professional use in connection with patient care, clinical workflow support, documentation support, training, evaluation, quality improvement, and related lawful healthcare operations authorized by you or your Organization.

You may not use the Services for the benefit of any third party except as permitted through the Services and authorized by the applicable Customer Agreement.

Keensight Health and its licensors retain all right, title, and interest in and to the Services, including all software, models, workflows, interfaces, documentation, designs, branding, and related intellectual property rights. Except for the limited rights expressly granted in these Terms, no rights are granted to you.

The Services are designed to support communication-skills training using coaching concepts and evaluation approaches informed by the Patient Centered Observation Form (PCOF), developed at the University of Washington School of Medicine.

The Services use artificial intelligence and machine learning to facilitate patient interviews, capture and transcribe patient and visit communications, generate patient summaries, clinician-facing visit briefs, draft clinical documentation and after-visit materials, and analyze clinician-patient communications to provide coaching observations and suggested improvement opportunities (collectively, “AI Output”).

AI Output may be inaccurate, incomplete, misleading, or inappropriate for a particular patient, encounter, or clinical context. You are solely responsible for reviewing, verifying, editing, and exercising your independent professional judgment before relying on or using any AI Output.

Without limiting the foregoing, any transcript, summary, visit brief, intake output, or draft clinical note generated by the Services — including outputs from the Patient Interviewer AI and ambient scribe functionality — is a preliminary draft only. You are solely responsible for reviewing, verifying, editing, and finalizing all such content before it is relied upon for patient care or incorporated into any medical record. Keensight Health does not assume any responsibility for the accuracy, completeness, or clinical appropriateness of such content.

Keensight Health does not practice medicine, nursing, or any other licensed profession, and does not provide medical advice, diagnoses, treatment decisions, or clinical judgments. The Services are support tools only for use by licensed clinicians and medical students.

5.3 Not for Emergencies

The Services are not intended for emergency response, emergency triage, or use where delays, outages, errors, or inaccuracies could reasonably be expected to lead to death, serious bodily injury, or other emergency harm. Do not rely on the Services for emergency communications or urgent medical decision-making.

You and your Organization are solely responsible for determining and satisfying any requirements relating to patient notice, consent, authorization, recording, transcription, and use of patient information in connection with your use of the Services, including under HIPAA and other applicable privacy, health information, and professional practice laws. Keensight Health does not determine whether notice or consent is required in any particular jurisdiction, workflow, or setting.

To the extent the Services create, receive, maintain, or transmit Protected Health Information on behalf of an Organization and the parties have entered into a Business Associate Agreement, that Business Associate Agreement will govern Keensight Health’s handling of such Protected Health Information.

You are solely responsible for ensuring that you do not activate or use any recording, transcription, or ambient documentation functionality for a patient encounter unless and until any notice, consent, or authorization required by applicable law, professional obligations, or your Organization’s policies has been provided or obtained. If a patient declines or withdraws such consent or authorization where required, you must not use, or must promptly stop using, the applicable recording, transcription, or ambient documentation functionality for that encounter, except as otherwise permitted by law and your Organization’s policies.

You are responsible for the accuracy, completeness, and finalization of all clinical documentation created using the Services.

This includes:

Keensight Health does not independently author, validate, or finalize medical records. All documentation generated by the Services is a draft that must be reviewed, verified, and finalized by a qualified clinician.

You are responsible for:

You may use the Services only in compliance with these Terms, the applicable Customer Agreement, your Organization’s policies, and all applicable laws, rules, regulations, and professional obligations.

As a condition of your access to or use of the Services, you agree to:

Further, you may not, and may not authorize, assist, encourage, or permit any other person or entity to:

Keensight Health may suspend or terminate your access to the Services immediately, with or without notice where reasonably necessary, if:

You may stop using the Services at any time. If you use the Services through an Organization, your right to use the Services may end when your relationship with that Organization ends or when the Organization's rights to use the Services end.

Sections that by their nature should survive termination will survive, including those relating to reservation of rights, data rights, disclaimers, limitations of liability, governing law and venue, feedback, and accrued rights or obligations.

Your use of the Services is subject to the Keensight Health Privacy Notice, as updated from time to time.

If you access the Services on behalf of an Organization, information submitted to or through the Services on that Organization’s behalf — including patient information and other Organization data — is controlled by that Organization, subject to the applicable Customer Agreement, including any applicable Business Associate Agreement and Data Processing Addendum.

Subject to any applicable Customer Agreement, you authorize Keensight Health to host, copy, use, transmit, display, and process data submitted to the Services as necessary to provide, maintain, support, secure, troubleshoot, and improve the Services, to comply with law, and as otherwise permitted by these Terms and the applicable Customer Agreement.

Keensight Health may collect and use metadata and technical information relating to access to and use of the Services, such as IP addresses, session information, device and browser information, and network metadata, to provide, maintain, secure, support, and improve the Services.

Keensight Health may also create and use aggregated and de-identified data derived from data submitted to the Services and usage data for internal analytics, service improvement, quality assurance, security, performance monitoring, and other internal business purposes, provided such data does not identify, and cannot reasonably be used to identify, you, your Organization, any patient, or any other individual.

Keensight Health may measure and report usage of the Services at the Organization level for billing, account administration, compliance with applicable service limits, and related operational purposes.

Without limiting the foregoing, if you use the Services on behalf of an Organization, Keensight Health may meter usage at the Organization level based on the number of patient visits, appointments, encounters, or similar units processed through the Services, including where the Services process patient information, clinician information, recordings, transcripts, summaries, visit briefs, draft documentation, coaching outputs, follow-up materials, or other visit-related data generated in connection with a patient appointment. The applicable Customer Agreement or Order Form will control how usage is defined and measured for billing purposes.

Keensight Health may offer certain Services, features, or functionality at no charge. Keensight Health may change, suspend, limit, or discontinue such free features at any time, subject to any applicable Customer Agreement.

Keensight Health may also offer certain new, enhanced, or premium Services, features, or functionality subject to additional fees under an applicable Customer Agreement, Order Form, or other written agreement.

The Services may interoperate with or depend on third-party software, telephony providers, transcription providers, hosting providers, identity providers, electronic health record systems, calendar systems, communication channels, or other third-party services.

Keensight Health is not responsible for third-party services, and your use of third-party services may be subject to separate terms and privacy policies. Keensight Health is not responsible for outages, failures, inaccuracies, or delays caused by third-party services outside Keensight Health's reasonable control.

EXCEPT AS EXPRESSLY PROVIDED IN AN APPLICABLE CUSTOMER AGREEMENT, THE SERVICES AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEENSIGHT HEALTH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME.

WITHOUT LIMITING THE FOREGOING, KEENSIGHT HEALTH DOES NOT WARRANT THAT ANY TRANSCRIPT, SUMMARY, NOTE, AGENDA, COACHING OBSERVATION, BILLING OR CODING SUPPORT, FOLLOW-THROUGH CONTENT, OR OTHER OUTPUT WILL BE COMPLETE, ACCURATE, CURRENT, COMPLIANT, REIMBURSABLE, OR APPROPRIATE FOR ANY SPECIFIC PATIENT, ENCOUNTER, PAYER, OR LEGAL REQUIREMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

KEENSIGHT HEALTH AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR COST OF COVER, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES ON BEHALF OF AN ORGANIZATION THAT HAS ENTERED INTO A CUSTOMER AGREEMENT WITH KEENSIGHT HEALTH, KEENSIGHT HEALTH’S LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL BE GOVERNED BY THE LIMITATION-OF-LIABILITY PROVISIONS IN THAT CUSTOMER AGREEMENT.

NOTHING IN THESE TERMS LIMITS LIABILITY TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. To the extent a dispute is not otherwise governed by an applicable Customer Agreement, you and Keensight Health agree that the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to personal jurisdiction and venue in those courts.

Keensight Health may update these Terms from time to time. If we make material changes, we may provide notice by posting the updated Terms through the Services, on our website, by email, or by other reasonable means. The updated Terms will become effective on the date stated in the updated Terms. By continuing to use the Services after the updated Terms become effective, you agree to the updated Terms.

If you have questions about these Terms or the Services, you may contact us at:

4228 146th Ave SE

Bellevue, WA 98006