Terms and Conditions of www.denota.ai

Last updated: April 15, 2024

These Terms govern the use of this Application and any other related agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the “Definitions and Legal References” section below.

Please read these Terms carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

1. Application Information

Provided by:
Denota Ltd
21 Norlem Court, Pell Street, SE8 5EN

Owner Contact Email: hello@denota.ai

1.1 About this Application

  • The patient notes generated inside the Denota platform are produced using GPT-like transformer models.
  • Users are responsible for using these models safely and securely.
  • Users must not input identifying patient data (such as names) and should keep appointments anonymous.
  • The Owner reserves the right to delete notes or inputs that appear to store patient-identifying data, as this is not the intended use of the platform.

1.2 Key Points at a Glance

  • Certain provisions may apply only to specific categories of Users (e.g., Consumers versus non-Consumers).
  • The right of withdrawal applies only to European Consumers.
  • Automatic renewal is used for Product subscriptions; details on renewal, termination, and notice are provided below.
  • Consumers based in Germany are subject to different rules, as specified in these Terms.

2. Terms of Use

These Terms of Use apply generally when using this Application. Additional conditions or access rules may apply in specific scenarios.

2.1 Account Registration

  • Users must register or create an account by providing all required data completely and truthfully.
  • Failure to do so may render the Service unavailable.
  • Users are responsible for keeping their login credentials confidential; strong passwords are required.
  • By registering, Users accept full responsibility for all activities under their account.
  • Users must promptly notify the Owner if they suspect unauthorized access or disclosure of their account or personal data.

2.2 Account Termination

  • Termination: Users can terminate their account and cease using the Service at any time using the provided tools or by contacting the Owner.
  • Suspension/Deletion: The Owner may, at its sole discretion and without notice, suspend or delete accounts deemed inappropriate, offensive, or in violation of these Terms. Such actions do not entitle Users to any compensation or fee reimbursement, even if fees are outstanding.

3. Content on the Application

3.1 Owner-Provided Content

  • Unless stated otherwise, all content on the Application is owned or provided by the Owner or its licensors.
  • The Owner strives to ensure that content does not infringe applicable laws or third-party rights, but cannot guarantee complete compliance.
  • Users are encouraged to report any issues or complaints regarding content via the contact details provided.

3.2 Rights Regarding Owner Content

  • The Owner reserves all intellectual property rights to the content.
  • Users may only use the content in ways necessary for proper use of the Service.
  • Prohibited activities include copying, downloading, sharing beyond allowed limits, modifying, translating, transforming, publishing, transmitting, selling, sublicensing, editing, transferring, or creating derivative works from the content.
  • Where explicitly permitted, Users may download or share content for personal, non-commercial use, provided that all required attributions are maintained.

3.3 User-Provided Content

  • Users may upload, share, or provide their own content. By doing so, they confirm they are legally permitted to do so and are not infringing third-party rights.
  • Users grant the Owner a non-exclusive, fully paid-up, royalty-free license to process such content solely for the operation and maintenance of the Application.
  • To the extent allowed by law, Users waive any moral rights in their provided content.
  • Users are solely liable for the content they upload. The Owner reserves the right to remove, delete, or block such content without prior notice if it is deemed to violate these Terms, any third-party rights, or applicable law.
  • Users agree to hold the Owner harmless from any claims or damages arising from content they provide.

3.4 Access to External Resources

  • The Application may provide access to external resources (e.g., widgets or hyperlinks) offered by third parties.
  • The Owner has no control over, and is not responsible for, the content or availability of these external resources.
  • Any rights or conditions related to such external content are governed by the third parties’ terms or applicable statutory law.

4. Acceptable Use

  • The Application and Service must be used only for their intended purposes and in accordance with applicable law.
  • Users must ensure that their use does not violate any laws, regulations, or third-party rights.
  • The Owner reserves the right to deny access, terminate accounts, or take other measures if Users:
    • Violate laws or these Terms.
    • Infringe any third-party rights.
    • Impair the Owner’s legitimate interests.
    • Offend the Owner or any third party.

5. “Tell-a-Friend” Program

  • Users can receive advantages (such as price reductions, additional features, or upgrades) if a new User purchases a Product using a unique “tell-a-friend” code provided by the Owner.
  • Tell-a-friend codes are redeemable only once and may be limited to specific Products.
  • The Owner reserves the right to end the offer at any time and may limit the number of invitations or the amount of benefit per User.

6. Software License

  • All intellectual or industrial property rights in the software or technical applications embedded in or related to this Application are owned by the Owner and/or its licensors.
  • Subject to compliance with these Terms, the Owner grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software solely for accessing and using the Service.
  • This license does not grant any rights to access the original source code, which remains the Owner’s property.
  • All rights granted under this license terminate immediately upon termination or expiration of the Agreement.

7. Terms and Conditions of Sale

7.1 Provision of Personal Data

  • To access or receive certain Products, Users may be required to provide personal data as indicated on the Application.

7.2 Paid Products

  • Some Products are offered on a paid basis.
  • The applicable fees, duration, and conditions for purchasing such Products are described in the dedicated sections of the Application.

7.3 Product Description

  • Prices, descriptions, and availability of Products are outlined on the Application and are subject to change without notice.
  • While Products are presented with technical accuracy, the representations (e.g., images, graphics, or sounds) are for reference only. Final characteristics are provided during the purchasing process.

7.4 Purchasing Process

  • The purchasing process includes selecting a Product, entering the checkout (via Stripe), providing contact details and a payment method, reviewing the order, and confirming submission.
  • Submitting an order constitutes contract formation and creates an obligation for the User to pay the stated price, taxes, and any additional fees.
  • Upon order submission, Users will receive a receipt confirming that the order has been received.
  • All order-related notifications will be sent to the User’s provided email address.

7.5 Prices, Offers, and Coupons

  • Prices are displayed either exclusive or inclusive of applicable fees, taxes, and costs.
  • The Owner may offer discounts or special offers subject to eligibility criteria and the conditions outlined on the Application.
  • Coupons:
    • Each Coupon is valid only as specified on the Application.
    • Coupons may not be partially used or combined with other offers.
    • Single-use Coupons can only be applied once per purchase.
    • Coupons must be redeemed within the specified timeframe.
    • No compensation is provided for any difference between the Coupon’s value and the redeemed amount.
    • Coupons are intended for non-commercial use only; reproduction or counterfeiting is strictly forbidden.

7.6 Methods of Payment

  • Information on accepted payment methods is provided during the purchasing process.
  • Some payment methods may have additional conditions or fees.
  • Payments are processed through third-party services; the Application does not store payment details.
  • If a payment fails or is refused by the payment provider, the Owner is not obligated to fulfill the order and may claim any related expenses or damages from the User.

7.7 Retention of Usage Rights and Delivery

  • Users do not acquire rights to use a purchased Product until the full purchase price is received by the Owner.
  • The purchased service will be performed or made available within the timeframe specified on the Application or as communicated prior to order submission.

8. Subscriptions

8.1 Fixed-Term Subscriptions

  • Paid fixed-term subscriptions commence on the day payment is received and last for the chosen subscription period.
  • Upon expiration, the Product will no longer be accessible.

8.2 Automatic Renewal

  • Subscriptions are automatically renewed using the User’s chosen payment method.
  • The renewed subscription will last for a term equal to the original period.
  • Users may terminate their subscription by notifying the Owner (via contact details or through controls provided within the Application) before the renewal. If termination notice is received before renewal, the subscription ends at the conclusion of the current period.

8.3 Exceptions for German Consumers

  • For Consumers based in Germany, subscriptions are automatically extended for an unlimited period at the end of the initial term unless terminated before term-end.
  • The fee due upon extension will be charged to the User’s payment method, and the subscription thereafter continues indefinitely with a monthly termination option.

9. User Rights

9.1 Right of Withdrawal (European Consumers)

  • European Consumers may withdraw from the contract within 14 days for any reason without justification.
  • Users not qualifying as Consumers do not have this right.
  • To exercise the right of withdrawal, Users must send an unequivocal statement (using the provided model withdrawal form or another suitable method) before the withdrawal period expires.
  • Upon proper withdrawal, the Owner will reimburse all payments made, excluding additional costs for non-standard delivery methods.
  • If the service has begun prior to withdrawal, the User must pay an amount proportional to the part of the service provided.

9.2 Right to Cancel (UK Consumers)

  • UK Consumers have a legal right to cancel within 14 days under UK law. Cancellation procedures and reimbursement conditions mirror those for withdrawal.

9.3 Right of Regret (Brazilian Consumers)

  • Brazilian Consumers have the right of regret, allowing withdrawal within 7 days after contract formation if the service has not yet been provided.
  • Reimbursement conditions are similar to the withdrawal provisions, with Users paying an amount proportional to the service provided if they withdraw after service commencement.

10. Guarantees

10.1 Legal Guarantee of Conformity for Digital Products (EU)

  • Under EU law, a minimum 2‑year guarantee applies from delivery (or for continuously supplied Digital Products, for the entire supply period).
  • National laws may grant broader rights.

10.2 Legal Guarantee of Conformity for Services (Brazil)

  • For Consumers in Brazil:
    • Non-durable services have a 30‑day guarantee.
    • Durable services have a 90‑day guarantee.
  • The warranty period starts after the service is completed.
  • The warranty does not apply in cases of misuse, natural events, or unauthorized maintenance.

11. Liability and Indemnification

11.1 Indemnification

Users agree to indemnify and hold the Owner and its affiliates harmless from any claims, damages, obligations, losses, liabilities, or expenses (including legal fees) arising from:

  • Use of and access to the Service, including any data transmitted or received.
  • Violation of these Terms, including breaches of representations and warranties.
  • Infringement of any third-party rights (e.g., privacy or intellectual property rights).
  • Provision of misleading, false, or inaccurate information.
  • Wilful misconduct or violation of any statutory provision.

11.2 Limitation of Liability

  • Except for damages affecting life, health, or physical integrity, or those caused by intent or gross negligence, the Owner’s liability is limited to typical and foreseeable damages at the time of contract formation.
  • The Owner is not liable for:
    • Damages resulting from interruptions or malfunctions due to force majeure or events beyond its control.
    • Indirect, incidental, special, consequential, or exemplary damages.
    • Loss of business opportunities or other indirect losses.
    • Damages arising from viruses or malware; Users must secure their own devices.
  • These limitations apply to the fullest extent permitted by law. Specific provisions may apply for Australian and US Users, including the “as is” and “as available” disclaimer for US Users.

12. Common Provisions

12.1 No Waiver

  • The Owner’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

12.2 Service Interruption

  • The Owner reserves the right to interrupt the Service for maintenance, updates, or other changes. If the Service is suspended or discontinued, the Owner will cooperate with Users regarding withdrawal of personal data and respect any related rights under applicable law.

12.3 Service Reselling

  • Users may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Application or Service without the Owner’s express written permission.

12.4 Privacy Policy

  • For details on how Personal Data is handled, Users should refer to the Application’s Privacy Policy.

12.5 Intellectual Property Rights

  • All intellectual property rights (including copyrights, trademark rights, patent rights, and design rights) in this Application are the exclusive property of the Owner or its licensors.

13. Changes to These Terms

  • The Owner reserves the right to amend or modify these Terms at any time.
  • Users will be appropriately informed of any changes, which will only affect the relationship from the date of communication onward.
  • Continued use of the Service signifies acceptance of the revised Terms.
  • Previous versions of the Terms may be obtained from the Owner.

14. Assignment of Contract

  • The Owner may transfer, assign, dispose of by novation, or subcontract any rights or obligations under these Terms.
  • Users may not assign or transfer their rights or obligations without the Owner’s written consent.

15. Contacts

  • All communications regarding the use of this Application must be sent using the contact information provided above.

16. Severability

  • If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • For US Users, any invalid or unenforceable provision will be reformed as necessary to reflect its original intent.

17. Governing Law and Jurisdiction

  • These Terms are governed by the law of the Owner’s location, as disclosed above, without regard to conflict of laws principles.
  • If higher consumer protection standards exist in the User’s country, those standards will prevail.
    • Exception for Consumers in Switzerland: Swiss law applies.
    • Exception for Consumers in Brazil: Brazilian law applies when the product or service is commercialized in Brazil.
  • The exclusive jurisdiction to resolve disputes lies with the courts in the Owner’s location, except for European Consumers, or Consumers based in the United Kingdom, Switzerland, Norway, or Iceland; and as noted for Brazilian Consumers.

18. Dispute Resolution

18.1 Amicable Dispute Resolution

  • Users should first contact the Owner with any disputes, providing a brief description and details (e.g., related order, purchase, or account).
  • The Owner will process and respond to complaints within 5 days of receipt.

18.2 Online Dispute Resolution for Consumers

  • The European Commission provides an online platform for alternative dispute resolution for European Consumers, as well as for Consumers based in Norway, Iceland, or Liechtenstein.
  • This platform is available at the link provided on the platform’s website.

19. Definitions and Legal References

  • This Application (or Application):
    The platform that provides the Service.
  • Agreement:
    Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
  • Brazilian (or Brazil):
    Refers to Users located in Brazil.
  • Business User:
    A User that does not qualify as a Consumer.
  • Coupon:
    A code or voucher (in print or electronic form) that allows a User to purchase a Product at a discounted price.
  • Digital Product:
    A Product consisting of digital content or a service that involves the creation, processing, storing, or accessing of digital data.
  • European (or Europe):
    Refers to Users located in the European Union.
  • Example Withdrawal Form:
    A sample form provided for withdrawal purposes:

Addressed to:
Denota Ltd – 21 Norlem Court, Pell Street, SE8 5EN
Email: hello@denota.ai

I/We hereby give notice that I/we withdraw from my/our contract for the following service/goods:

(insert description)

Ordered on: _____________________________________________
Received on: _____________________________________________
Name of consumer(s): __________________________________________
Address of consumer(s): __________________________________________
Date: _____________________________________________
(Sign if this form is sent on paper)

  • Owner:
    The natural person or legal entity providing this Application (Denota Ltd).
  • Product:
    A good or service available via this Application.
  • Service:
    The service provided by this Application as described herein.
  • Terms:
    The provisions and conditions outlined in this document.
  • United Kingdom (or UK):
    Refers to Users located in the United Kingdom.
  • User (or You):
    Any natural person or legal entity using this Application.
  • Consumer:
    A User who qualifies as a Consumer under applicable law.

This document constitutes the entire Agreement between Users and the Owner with respect to the subject matter herein and supersedes all prior communications or agreements. Continued use of the Service signifies acceptance of these Terms.

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