Terms of Use

Effective date: 01-09-2024
Last modified: 10-01-2025

By accessing and using our service, you agree to comply with these terms and conditions proposed by ENDA Technologies Inc. ("we", "our" or "us"). If you do not accept these terms, you must not use our platform.

1. Definitions
Service:
The software of ENDA Technologies Inc. provides a medical transcription service via artificial intelligence.
User: Any person using the service, including healthcare professionals and organization administrators.
Medical data: Patient-related information, such as medical records, diagnoses, prescriptions, and consultation notes.
Personal data: Information that can identify a person, 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 authorized to practice in Quebec or any other person authorized by a medical organization to use the service for medical transcription. You represent and warrant that you are legally authorized to use the service and that you will comply with all applicable laws and regulations, particularly 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 you submit or generate on the platform;
• Not opening, displaying, or consulting a patient's medical history or consultation notes in the presence of that patient. Due to the visibility of names and other sensitive information that may appear when using the platform, it is the user's responsibility to ensure that this information is not disclosed to the patient, except under circumstances permitted by applicable law;
• Managing and maintaining the confidentiality of your login credentials (username, password);
• Using the platform in compliance with the law, particularly regarding the handling of patient data.

ENDA is not intended to replace 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 shall not be held liable for advice, treatments, diagnoses or any other information a patient or any other person may obtain or receive; for billing, coding or claims processing activities; nor for the accuracy, completeness or relevance of data or information used in healthcare activities.

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 sub-program 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. Upon registration, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and limiting access to your account. Any activity carried out using your credentials will be deemed 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 unlawful 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 Accuracy of data

You undertake to provide accurate, complete, and up-to-date information when using the service. Any inaccuracy in the medical or personal data may lead to errors in the service and may engage your liability.

4.2 Compliance with laws
You are responsible for ensuring that your use of the service complies with all applicable laws, in particular Quebec and Canadian laws relating to the protection of personal data (Act respecting the protection of personal information in the private sector and PIPEDA). You must also ensure that you have obtained all necessary patient consents for the processing of their data via the platform.

In the case of a minor under 14 years of age, consent must be given by the person holding parental authority or the guardian. This person also has the right to request the correction of such information if it is inaccurate, incomplete, or ambiguous.

5. Intellectual Property
The service, including all content, software, algorithms, designs, interfaces, logos, trademarks, graphics, and texts, is the exclusive property of ENDA Technologies Inc. and is protected by intellectual property laws. You agree not to reproduce, distribute, modify, display, or use the service content for commercial purposes without prior written authorization from ENDA Technologies Inc., and not to use any automated process to copy or extract content from the platform.

6. Data Protection and Confidentiality
6.1 Personal and medical data

We place great importance on the confidentiality and security of medical and personal data. The use of our service involves the collection, storage, and processing of personal and medical data in compliance with applicable laws, including the Act respecting the protection of personal information in the private sector (Quebec) , Law 25, Law 3, and PIPEDA.

6.2 Data security
We implement technical and organizational measures to ensure data security, including encryption of sensitive data in transit and at rest, and strong authentication mechanisms. 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 retaining your personal and medical data as part of the provision of the service. You also warrant that you have obtained all required patient consents to use their data via our platform.

7. Service Operation
7.1 Service availability

We make every effort to ensure the service is continuously accessible, but we do not guarantee uninterrupted, error-free access. Temporary interruptions may occur for maintenance, updates, or other operational reasons.

7.2 Limitation of liability
ENDA Technologies Inc. disclaims all liability for losses, damages, or service interruptions resulting from the use of or inability to use the service; errors in medical data submitted by the user or resulting from AI processing; indirect, consequential, special, or punitive damages. In no event shall ENDA Technologies Inc. be liable for the loss or unauthorized disclosure of data due to a security failure caused by the user.

8. Pricing and Payments
8.1 Pricing

The use of certain services on our platform may require a paid subscription. Pricing details will be communicated at registration. Prices are in Canadian dollars and include applicable taxes unless otherwise stated.

8.2 Billing and payment
Subscriptions are billed on a monthly or annual basis. You must provide valid payment information at registration and authorize ENDA Technologies Inc. to charge the corresponding subscription amount. If payment fails, your access to the service may be suspended until payment is settled.

8.3 Refund policy
Unless otherwise indicated, payments made for the use of services are non-refundable. However, we reserve the right to offer refunds or credits in the event of substantial service issues.

9. Modification of Terms and Conditions
We reserve the right to modify these terms and conditions at any time. Any significant modification will be communicated to users by email or via a notification on the platform. Continued use of the service after the terms are updated constitutes your acceptance of the changes.

10. Applicable Law and Disputes
These terms and conditions are governed by the laws of the province of Quebec, Canada, and applicable Canadian federal laws. Any dispute arising from the use of the service shall be submitted to the exclusive jurisdiction of the courts in the province of Quebec.

11. Termination
You may terminate your account at any time by notifying us in writing. We reserve the right to terminate or suspend your access in the event of a breach of these terms, misuse, or prolonged inactivity. We will retain your data in accordance with our data retention policy, unless you explicitly request its deletion.

12. Contact
If you have questions or concerns about these terms, please contact us at:

ENDA Technologies Inc.
info@endatechnologies.com
37 rue des Fauvettes, Verdun, Québec H3E 1X4