Last Updated: October 1st 2026
Welcome to ScribeMD.ai. These Terms of Service ("Terms" or "Agreement") govern access to and use of the ScribeMD.ai AI medical scribe service (the "Service") by customers in Australia. The Service is provided by EE Dojo, Inc. (D/B/A ScribeMD.ai), a California-based corporation ("ScribeMD.ai", "we", "us" or "our"). The Service is offered only to healthcare professionals and healthcare organisations acting in the course of their practice or business (the "Customer", "you" or "your"), and not to consumers for personal, domestic or household use.
By clicking a box indicating your acceptance, or by accessing or using the Service, you agree to these Terms. If you accept these Terms on behalf of an entity, you represent and warrant that you are authorised to bind that entity and that the entity has full power to enter into and perform this Agreement. If you do not agree to these Terms, please do not use the Service.
We may update these Terms from time to time. We will give you at least thirty (30) days' written notice (by email or in the Service) of any material change before it takes effect. Changes that affect the handling of personal or health information will not apply to you without your agreement. If you do not agree to a material change, you may terminate this Agreement by written notice before the change takes effect, and we will refund any prepaid fees for the unused portion of your Subscription Term. Non-material changes (such as clarifications or corrections) take effect when posted.
Subject to this Agreement and payment of applicable fees, during the period of your subscription (the "Subscription Term") we will provide you with access to the Service, which allows clinicians to record or dictate patient consultations and generates transcripts and draft clinical notes, letters, billing codes and other documentation, together with any related application programming interface (API).
We grant you a limited, non-exclusive, non-sublicensable and non-transferable (except as permitted under section 13) right to access and use the Service solely for your internal business purposes during the Subscription Term. All rights not expressly granted are reserved by ScribeMD.ai and its licensors.
You represent that: (a) you have the necessary rights and authority to enter into and perform this Agreement; (b) you are a registered health practitioner or a healthcare organisation, or are acting on behalf of one; (c) your use of the Service and the collection of any information through it will comply with all applicable laws, including the Privacy Act 1988 (Cth) and any applicable state or territory health records laws and surveillance or listening devices laws; (d) you have provided patients with any notice required by law and obtained any consent required by law (including consent to the collection of sensitive information under APP 3 and to the recording of consultations) before using the Service; and (e) you will not infringe the rights of any third party in your use of the Service.
You must not (and must not allow any third party to): (a) use the Service other than as contemplated by these Terms and its documentation; (b) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service, except to the extent that this restriction is prohibited by law; (c) use unauthorised automated means to access, scrape or mine the Service; (d) frame or mirror any part of the Service; or (e) access the Service to build a competing product or service. You must keep passwords and API keys secure, are responsible for activity under them, and must notify us promptly of any actual or suspected unauthorised use.
All output generated by the Service, including transcripts, notes, letters and billing codes, is a draft produced with the assistance of artificial intelligence and may contain errors or omissions. You must review, edit and approve all output before relying on it or including it in a patient record, and you remain solely responsible for the content of the clinical record, for coding and billing decisions, and for all clinical decisions. The Service is a documentation tool; it is not intended to provide diagnosis or treatment decisions and does not replace your professional judgement.
By default, the Service is hosted in the United States. We offer local data hosting options so that Customer Data, including patient health data, can be stored in your own region. Where a local hosting option has been agreed in writing between you and ScribeMD.ai, your Customer Data will be stored in the agreed region. For any specific question about hosting, data location or these Terms, please contact contact@scribemd.ai.
You agree to pay the fees for your subscription in accordance with your plan and the invoices issued to you. Except as required by law or as expressly set out in these Terms, fees are not refundable for partial periods.
We may change our fees by giving you at least thirty (30) days' written notice. Any change takes effect only from the start of your next Subscription Term, and you may choose not to renew before it takes effect.
Unless stated otherwise, all fees are exclusive of GST. Where GST is payable on a supply under this Agreement, you must pay the GST in addition to the fees, and we will issue a tax invoice where required by the A New Tax System (Goods and Services Tax) Act 1999 (Cth). You are responsible for other taxes required by law in connection with your purchase, other than taxes on ScribeMD.ai's income.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted or modified ("Non-Excludable Rights"). Where we are permitted to limit our liability for a failure to comply with a Non-Excludable Right, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.
We will use commercially reasonable efforts to keep the Service available, but it may be interrupted for maintenance, updates or events beyond our reasonable control.
Subject to section 8.1, neither party is liable to the other for any loss of profits, revenue or goodwill, or for any indirect or consequential loss, arising out of or in connection with this Agreement.
Subject to section 8.1, each party's total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total fees paid or payable by you to ScribeMD.ai in the twelve (12) months preceding the event giving rise to the claim.
The limits in sections 8.3 and 8.4 do not apply to: (a) liability that cannot be limited by law; (b) liability for fraud, wilful misconduct or personal injury or death caused by negligence; (c) a party's indemnity obligations under section 11; or (d) your obligation to pay fees.
Your subscription renews automatically for successive periods equal to the initial Subscription Term unless either party gives notice of non-renewal before the end of the then-current term. You may cancel at any time by written notice or through your account settings, with cancellation taking effect at the end of the current Subscription Term.
Either party may terminate this Agreement by written notice if the other party materially breaches it and fails to remedy the breach within thirty (30) days of receiving notice of it. We may suspend access immediately where reasonably necessary to prevent harm to the Service, other customers or patients, or to comply with law, and will notify you promptly and restore access once the issue is resolved.
Where the Service is provided free of charge, either party may terminate on thirty (30) days' written notice.
On termination, your right to use the Service ends. For a reasonable period after termination, and on request, we will make your Customer Data available for export. We will then delete or return Customer Data in accordance with the Appendix, except where we are required by law to retain it. Provisions which by their nature should survive termination will survive, including sections 3, 4, 7 (for accrued fees), 8, 10, 11, 12 and 13 and the Appendix.
"Customer Data" means all data and information that you or your End Users input into, or generate through, the Service, including patient information. As between the parties, you retain all rights in Customer Data. We use Customer Data only to provide, secure and support the Service for you, in accordance with your instructions, the Appendix and applicable law. We will protect Customer Data using industry-standard security measures, backup and recovery protections.
We may create aggregated and anonymised or de-identified statistics derived from use of the Service, which may be used and disclosed only where no individual, practice or case can be identified, directly or indirectly. We do not sell Customer Data and do not use identifiable patient information to train AI models.
You must not upload Customer Data that infringes the rights of others, is unlawful, contains malicious code, or for which you have not provided any notice or obtained any consent required by law for its collection and handling through the Service.
Subject to section 8.1 and your Non-Excludable Rights, and to the extent permitted by law, the Service is provided "as is" and we exclude all implied warranties, including that the Service will be uninterrupted or error-free or that its output will be accurate or complete. You are responsible for confirming the accuracy of all output, as set out in section 3.
The Service relies on third-party providers, namely our hosting provider (Amazon Web Services), AI and language-processing providers (speech-to-text and large language models) and our payment processor. We may change these providers from time to time. We remain responsible for ensuring that each provider is contractually bound to obligations of confidentiality, privacy, security and data protection no less protective than those in this Agreement.
We will indemnify you against third-party claims, and resulting losses, damages and reasonable legal costs, to the extent arising from (a) the Service infringing a third party's intellectual property rights, or (b) a breach of confidentiality, unauthorised access to, or loss of personal or health information caused by our breach of this Agreement or the negligence or wilful misconduct of ScribeMD.ai, its personnel or subcontractors.
You will indemnify us against third-party claims, and resulting losses, damages and reasonable legal costs, to the extent arising from (a) Customer Data uploaded without any notice or consent required by law, or (b) your use of the Service in breach of this Agreement or applicable law.
An indemnified party must give prompt written notice of the claim, allow the indemnifying party to control its defence and settlement, and reasonably cooperate. The indemnifying party must not settle a claim in a way that imposes obligations on the other party without its prior written consent (not to be unreasonably withheld). Each party's indemnity is reduced to the extent the loss was caused or contributed to by the other party.
This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from them.
For any questions about these Terms, hosting or data location, please contact:
EE Dojo, Inc. (D/B/A ScribeMD.ai)
10000 Washington Blvd, Suite 607
Culver City, CA 90232, USA
Email: contact@scribemd.ai
Last Updated: October 1st 2026
This Appendix forms part of the Agreement between the Customer and EE Dojo, Inc. (D/B/A ScribeMD.ai) and applies to Customer Personal Information handled by ScribeMD.ai in providing the Service.
1.1. Privacy Act: the Privacy Act 1988 (Cth), including the Australian Privacy Principles ("APPs") and the Notifiable Data Breaches scheme in Part IIIC, as amended from time to time.
1.2. Personal Information, Sensitive Information and Health Information: have the meanings given in the Privacy Act.
1.3. Customer Personal Information: Personal Information, including Health Information, contained in Customer Data that ScribeMD.ai handles on the Customer's behalf.
1.4. Health Records Laws: any applicable state or territory health records legislation, including the Health Records Act 2001 (Vic), the Health Records and Information Privacy Act 2002 (NSW) and the Health Records (Privacy and Access) Act 1997 (ACT).
2.1. The Customer is the APP entity responsible for Customer Personal Information. ScribeMD.ai handles Customer Personal Information only on the Customer's behalf and on its documented instructions, which include the Agreement and the Customer's configuration of the Service.
2.2. ScribeMD.ai will not use or disclose Customer Personal Information for any other purpose, will not sell it, and will not use identifiable Customer Personal Information to train AI models, except as required by law. ScribeMD.ai may create aggregated and de-identified statistics as described in the Agreement.
2.3. ScribeMD.ai will inform the Customer if, in its opinion, an instruction would breach the Privacy Act or Health Records Laws.
3.1. Compliance: ScribeMD.ai will handle Customer Personal Information in a manner consistent with the APPs and Health Records Laws as they apply to the Service, and will not do anything that would cause the Customer to breach them.
3.2. Security: ScribeMD.ai will take reasonable steps to protect Customer Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure, including encryption in transit and at rest and restricting access to authorised personnel who are bound by confidentiality obligations.
3.3. Assistance: ScribeMD.ai will promptly refer to the Customer any request from an individual for access to or correction of Customer Personal Information, and will provide reasonable assistance to enable the Customer to respond to such requests and to complaints and inquiries from individuals or the Office of the Australian Information Commissioner.
3.4. Data Breaches: ScribeMD.ai will notify the Customer promptly after becoming aware of any actual or suspected unauthorised access to, unauthorised disclosure of, or loss of Customer Personal Information, and will provide the information and assistance reasonably required to enable the Customer to assess whether it is an eligible data breach within 30 days and to meet its notification obligations under Part IIIC of the Privacy Act. ScribeMD.ai will take reasonable steps to contain the breach and mitigate its effects.
3.5. Records and Information: ScribeMD.ai will make available to the Customer, on reasonable request, information reasonably necessary to demonstrate its compliance with this Appendix.
4.1. The Customer authorises ScribeMD.ai to engage the following categories of sub-processors: hosting provider (Amazon Web Services), AI and language-processing providers (speech-to-text and large language models), and payment processor. ScribeMD.ai will impose on each sub-processor written obligations no less protective than this Appendix and remains responsible for their performance.
4.2. Unless a local hosting option has been agreed in writing, Customer Personal Information will be held in the United States. Consistent with APP 8, ScribeMD.ai will take reasonable steps, including contractual obligations, to ensure that overseas recipients do not breach the APPs in relation to Customer Personal Information.
4.3. Where a local hosting option has been agreed in writing, ScribeMD.ai will store Customer Personal Information in the agreed region. Questions about hosting and data location may be sent to contact@scribemd.ai.
5.1. The Customer is responsible for providing patients with any notice required under APP 5 and Health Records Laws, and for obtaining any consent required by law (including under APP 3 for the collection of Sensitive Information and under any applicable surveillance or listening devices laws) before using the Service.
5.2. The Customer will ensure that its instructions to ScribeMD.ai comply with the Privacy Act and Health Records Laws, and will notify ScribeMD.ai of any withdrawal of consent or restriction that affects ScribeMD.ai's handling of Customer Personal Information.
6.1. ScribeMD.ai retains Customer Personal Information in accordance with the Customer's configuration of the Service and its instructions.
6.2. On termination of the Agreement, and after the export period described in the Agreement, ScribeMD.ai will delete or return Customer Personal Information, including copies held by sub-processors, except to the extent retention is required by law. Any retained information remains subject to this Appendix for as long as it is held.
7.1. References to legislation include any amendments, replacements and regulations made under it.
7.2. The parties will negotiate in good faith any amendment to this Appendix reasonably required to comply with changes to the Privacy Act or Health Records Laws.
7.3. If there is any inconsistency between this Appendix and the rest of the Agreement in relation to Customer Personal Information, this Appendix prevails.
7.4. Sections 3.2, 3.4, 6 and 7 of this Appendix survive termination of the Agreement.
