Effective Date: 09-01-2024
Last Modified: 01-10-2025
By accessing and using our service, you agree to abide by these terms and conditions as provided by Enda Technologies Inc. (“we”, “our”, or “us”). If you do not agree to these terms, you must not use our platform.
1. Definitions
Service: The software provided by Enda Technologies Inc. offers a medical transcription service via artificial intelligence.User: Any individual using the service, including healthcare professionals and organization administrators.
Medical Data: Information related to patients, such as medical records, diagnoses, prescriptions, and consultation notes.
Personal Data: Information that identifies an individual, such as name, address, and sensitive medical information.
Platform: The web application that provides access to the service.
2. General Terms of Use
2.1 Eligibility
To use our service, you must be a healthcare professional licensed to practice in Quebec or any other person authorized by a medical organization to use the service for medical transcription purposes. You declare and guarantee that you are legally authorized to use the service and that you will comply with all applicable laws and regulations, in particular those relating to the protection of personal and medical data.
2.2 User Responsibility
As a user of the service, you agree to be responsible for:The accuracy of the medical data that you submit or generate on the platform;Not opening, viewing, or consulting a patient’s medical history or consultation notes in the presence of the patient. Due to the visibility of names and other sensitive information that may appear during the use of the platform, it is the user’s responsibility to ensure that this information is not disclosed to the patient, except in circumstances permitted by applicable law.Managing and maintaining the confidentiality of your login credentials (username, password);The lawful use of the platform, particularly with respect to the processing of patients’ data.Enda is not intended to replace the functions or services provided by duly trained and licensed individuals, including, but not limited to, physicians or other clinicians, billing, coding or claims processing staff, or clinical researchers. Enda cannot be held responsible for the advice, treatments, diagnoses, or any other information or services that a patient or any other individual may obtain or receive; for billing, coding, or claims processing activities conducted by the Client or its upstream Clients; or for the accuracy, completeness, or relevance of the data or information used in health-related activities, including clinical research activities conducted by the Client or its upstream Clients.
2.3 Use Restrictions
You agree not to:Use the service for illegal, fraudulent, or abusive purposes;Reproduce, copy, distribute, or modify any part of the service without authorization;Use any device, software, or subroutine to interfere with the proper functioning of the service;Attempt to circumvent security measures or access unauthorized data or features.
3. User Account Creation and Management
3.1 Account Creation
Access to the service requires the creation of a user account. During registration, you must provide accurate, up-to-date, and complete information. You are responsible for maintaining the confidentiality of your credentials and limiting access to your account. Any activity carried out with your credentials will be considered to have been performed by you.
3.2 Account Deactivation and Termination
We reserve the right to suspend or terminate a user account at any time, with or without notice, for non-compliance with the terms, suspicion of fraudulent or illegal use, or to protect the security of the service. In the event of termination, you must immediately cease using the platform.
4. User Obligations and Warranties
4.1 Data Accuracy
You agree to provide accurate, complete, and up-to-date information when using the service. Any inaccuracies in medical or personal data may lead to errors in the service and may make you liable.
4.2 Compliance with Laws
You are responsible for ensuring that your use of the service complies with all applicable laws, particularly the Quebec and Canadian laws regarding the protection of personal data (the Private Sector Personal Information Protection Act and PIPEDA). You must also ensure that you have obtained all necessary consents from patients for the processing of their data via the platform.
In the case of a minor under 14 years old, the consent must be given by the holder of parental authority or the legal guardian. This person also has the right to request the rectification of any information that is inaccurate, incomplete, or ambiguous.(Note: The section “2.2 User Responsibility” is repeated in the original text.)
5. Intellectual Property
The service, including all content, software, algorithms, design, interfaces, logos, trademarks, graphics, and text, is the exclusive property of Enda Technologies Inc. and is protected by intellectual property laws, including copyright and trademark laws. You agree not to:Reproduce, distribute, modify, display, or use the content of the service for commercial purposes without the prior written consent of Enda Technologies Inc.;Use any automated technology or process to copy or extract content from the platform.
6. Data Protection and Privacy
6.1 Personal and Medical Data
We attach great importance to the privacy and security of medical and personal data. The use of our service involves the collection, storage, and processing of personal and medical data in accordance with applicable laws on the protection of personal information, including the Private Sector Personal Information Protection Act (Quebec), Law 25, Law 3, and PIPEDA.
6.2 Data Security
We implement technical and organizational measures to ensure data security, including the encryption of sensitive data in transit and at rest, and strong authentication mechanisms for users. However, you acknowledge that no method of data transmission over the Internet or electronic storage is completely secure.
6.3 Consent to Data Collection
By using the service, you consent to Enda Technologies Inc. collecting, processing, and storing your personal and medical data as part of the provision of the service. You also warrant that you have obtained all necessary consents from the patients to use their data on our platform.
7. Service Operation
7.1 Service Availability
We strive to ensure that the service is accessible at all times, but we do not guarantee uninterrupted, error-free, or secure access. Temporary interruptions may occur for maintenance, updates, or other operational reasons.
7.2 Limitation of Liability
Enda Technologies Inc. declines any liability for:Losses, damages, or service interruptions resulting from the use of the service or from the inability to use it;Errors in the medical data submitted by the user or resulting from processing by our AI;Indirect, consequential, special, or punitive damages resulting from the use of the service.In no event shall Enda Technologies Inc. be held responsible for the loss or unauthorized disclosure of medical or personal data due to a security failure caused by the user (e.g., disclosure of login credentials).
8. Pricing and Payments
8.1 Pricing
The use of certain services on our platform may require a paid subscription. The pricing details will be communicated during registration. Prices are in Canadian dollars and include applicable taxes, unless otherwise indicated.
8.2 Billing and Payment
Subscriptions are billed on a monthly or annual basis, according to the chosen option. You must provide valid payment information upon registration and authorize Enda Technologies Inc. to debit the corresponding amount for the subscription. If the payment fails, your access to the service may be suspended until the payment is settled.
8.3 Refund PolicyUnless otherwise indicated, payments made for the use of the services are non-refundable. However, we reserve the right to offer refunds or credits in the event of substantial service issues.
9. Modifications to the Terms and ConditionsWe reserve the right to modify these terms and conditions at any time. Any significant changes will be communicated to users by email or via a notification on the platform. You are responsible for regularly reviewing these terms to stay informed of any changes. Continued use of the service after the updated terms constitutes your acceptance of the modifications.
10. Applicable Law and DisputesThese terms and conditions are governed by and interpreted in accordance with the laws of the Province of Quebec, Canada, and the applicable Canadian federal laws. Any disputes arising from the use of the service shall be subject to the exclusive jurisdiction of the courts located in the Province of Quebec.
11. TerminationYou may terminate your account and cease using the service at any time by informing us in writing. We reserve the right to terminate or suspend your access to the service in the event of a breach of these terms, abusive use, or prolonged inactivity. In the event of termination, we will retain your personal and medical data in accordance with our data retention policy, unless you explicitly request its deletion.
12. ContactIf you have any questions or concerns regarding these terms and conditions or the use of the service, please contact us at:
Enda Technologies Inc.
info@endatechnologies.com
37 rue des Fauvettes, Verdun, Quebec H3E 1X4
(438) 227-2226
