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 (the "Service") by customers in New Zealand. ScribeMD.ai is provided by EE Dojo, Inc. (D/B/A ScribeMD.ai), a California-based corporation ("ScribeMD.ai", "we" or "us"). The Service is offered only to healthcare professionals and healthcare organisations acting in trade ("Customer" or "you"), and not to consumers.
By clicking a box indicating your acceptance, signing an order form or using the Service, you agree to these Terms. If you accept on behalf of an organisation, you confirm that you are authorised to bind that organisation and that it has full power to enter into and perform this Agreement. If you do not agree, do not use the Service.
We may update these Terms from time to time. We will give you reasonable advance written notice (by email or through the Service) of any material change, and material changes will take effect only when that notice period ends. Where a change materially affects how personal or health information is processed, it will not apply to you without your agreement. If you do not accept a material change, you may terminate your subscription before it takes effect. Non-material changes (for example, clarifications or corrections) take effect when posted.
Subject to these Terms and payment of applicable fees, during the Subscription Term (being the subscription period stated in your order or plan, including any renewal) we will provide you with access to our AI-based medical scribing tool and any related application programming interface (API). The Service transcribes recorded or dictated consultations and generates draft clinical notes, letters, billing codes and other documentation.
We grant you a limited, non-exclusive, non-sublicensable, non-transferable (except as permitted under section 14) 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 are a healthcare professional or healthcare organisation with authority to enter into this Agreement; (b) the data you provide is accurate, complete and current; (c) your use of the Service complies with all applicable laws, including the Privacy Act 2020 and the Health Information Privacy Code 2020, and in particular that you have a lawful purpose for collecting patient information through the Service, have taken reasonable steps to make patients aware of the collection and of the use of the Service as required by rule 3 of the Health Information Privacy Code 2020, and have obtained any consent required by law or professional standards before recording a consultation; and (d) your use of the Service will not infringe any third party's rights, including intellectual property or privacy rights.
You must not (and must not allow any third party to): (a) use the Service other than as envisaged in its normal operation or in these Terms; (b) modify, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Service, except to the extent permitted by law; (c) use any unauthorised robot, scraper or other automated means to access the Service, or engage in data mining or harvesting of the Service; (d) frame or mirror any part of the Service; (e) access the Service to build a competing product or service; or (f) copy any features, functions or graphics of the Service. You must keep your passwords and API keys secure, are responsible for all use of the Service under them, and must notify us promptly of any actual or suspected unauthorised use.
The Service is a documentation tool. All output generated by the Service, including transcripts, notes, letters and codes, is a draft. You must review, edit where necessary and approve all output before relying on it or adding it to a patient's record, and you remain solely responsible for the content of the clinical record and for all clinical decisions. The Service is not a medical device and is not intended to provide diagnosis or treatment decisions. It does not replace your professional judgement or your obligations under applicable professional and regulatory standards.
We offer local data hosting options so that Customer Data, including patient health information, can be stored in your own region. Where a local hosting option is agreed in writing between you and ScribeMD.ai, your Customer Data will be stored in the agreed region. Local hosting is not the default configuration and must be requested. For any question about hosting, data location or these Terms, please contact contact@scribemd.ai.
Customers on paid plans must pay invoices in accordance with the payment terms stated in them. You are responsible for incidental charges such as internet access and data charges. Except where required by law or expressly stated otherwise, fees are non-refundable and no refunds or credits are given for partial periods or unused portions of a subscription.
We may increase fees by giving at least 30 days' written notice. Increases take effect only from the start of your next Subscription Term, and you may cancel before then if you do not accept the increase.
All fees are exclusive of goods and services tax (GST). Where GST or any similar tax applies to the supply of the Service, it will be added to the fees at the applicable rate and is payable by you. You are responsible for any other applicable taxes, except taxes on ScribeMD.ai's income.
Payments must be made without deduction or withholding for taxes. If you are required by law to deduct or withhold any tax, you must increase the amount paid so that ScribeMD.ai receives the amount it would have received had no deduction or withholding been made.
We use commercially reasonable efforts to keep the Service available, but we do not guarantee uninterrupted availability. Interruptions may occur for maintenance, updates or reasons beyond our reasonable control.
To the extent permitted by law, neither party is liable to the other for any indirect, incidental, special or consequential loss, or for loss of profits, revenue or goodwill, arising out of or in connection with this Agreement.
To the extent permitted by law, ScribeMD.ai's total 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 by you to ScribeMD.ai in the twelve (12) months preceding the event giving rise to the claim.
Nothing in this Agreement excludes or limits liability for fraud or wilful misconduct, or any liability that cannot be excluded or limited under New Zealand law.
Subscriptions renew automatically at the end of each Subscription Term for the same period unless cancelled. You may cancel at any time by giving written notice, with cancellation taking effect at the end of the then-current Subscription Term.
Either party may terminate this Agreement by written notice if the other party materially breaches it and (where the breach can be remedied) fails to remedy it within thirty (30) days of notice. 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.
Where the Service is provided free of charge, we may end it at any time by giving you reasonable notice.
On termination, your right to use the Service ends. For a reasonable period after termination, you may export your Customer Data using the Service's export features or by contacting us. After that, we will 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 (including sections 4, 8, 10, 11, 12, 13, 14 and the Appendix) survive.
"Customer Data" means all account and billing information and all data you or your End Users input into or generate through the Service, including patient information. As between the parties, you own Customer Data. We use Customer Data only to provide, secure and support the Service in accordance with this Agreement and your instructions. We do not sell Customer Data, and we do not use identifiable patient information to train AI models. We may create aggregated and anonymised or de-identified statistics from Customer Data, which may be used and disclosed only if no individual, practice or case can be identified directly or indirectly.
You must not upload Customer Data that: (a) infringes any intellectual property, privacy or other rights; (b) breaches this Agreement or any applicable law; (c) is unlawful, harassing, defamatory, obscene or otherwise objectionable; (d) contains viruses or other harmful code; (e) interferes with or disrupts the Service; or (f) you are not lawfully entitled to collect and disclose to us for the purposes of the Service. We may take reasonable action, including suspending access, in respect of Customer Data that breaches this section.
To the extent permitted by law, the Service is provided "as is" and we exclude all warranties, conditions and representations not expressly set out in this Agreement, including as to fitness for a particular purpose, uninterrupted or error-free operation, and the accuracy or completeness of AI output. You are responsible for verifying all output before relying on it.
The Service is supplied and acquired in trade. The parties agree that the Consumer Guarantees Act 1993 does not apply to the supply of the Service under this Agreement, in accordance with section 43(2A) of that Act, and that, in accordance with section 5D of the Fair Trading Act 1986, sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply. The parties agree that it is fair and reasonable that they are bound by this section. Nothing in this Agreement is intended to operate as an unfair contract term within the meaning of the unfair contract terms provisions of the Fair Trading Act 1986, and any term found to be unfair will be read down or severed to the extent necessary.
The Service relies on a third-party hosting provider, AI and language-processing providers and a payment processor. We may change these providers from time to time. We remain responsible for ensuring that these providers are contractually bound to confidentiality, privacy, security and data protection obligations no less protective than those in this Agreement.
ScribeMD.ai will defend and indemnify you against third-party claims to the extent alleging that the Service infringes that third party's intellectual property rights, or arising from a breach of confidentiality, unauthorised access to, or loss of personal or health information caused by the fault or negligence of ScribeMD.ai, its personnel or sub-processors. This does not apply to claims arising from misuse of the Service, unauthorised modifications, combination with items not supplied by us, or Customer Data except to the extent the claim arises from our processing of it. If the Service is subject to an infringement claim, we may obtain the right for you to continue using it, modify it to be non-infringing, or terminate and refund prepaid fees for the unused portion of the Subscription Term.
You will indemnify ScribeMD.ai against third-party claims to the extent arising from your breach of this Agreement or applicable law, or from Customer Data you did not have the right to provide.
The indemnified party must give prompt written notice of the claim, allow the indemnifying party to control its defence and settlement, and reasonably cooperate. No settlement admitting fault on behalf of the indemnified party may be made without its prior written consent (not to be unreasonably withheld).
This Agreement is governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand. The Contract and Commercial Law Act 2017 applies to this Agreement to the extent relevant.
For any question 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
1.1. Privacy Law means the Privacy Act 2020 (including the Information Privacy Principles) and the Health Information Privacy Code 2020 (including its rules), each as amended or replaced from time to time.
1.2. Health Information and Health Agency have the meanings given in the Health Information Privacy Code 2020. Personal Information has the meaning given in the Privacy Act 2020.
1.3. Customer Personal Information means Personal Information (including Health Information) that ScribeMD.ai holds or processes on the Customer's behalf in providing the Service.
1.4. Privacy Breach and Notifiable Privacy Breach have the meanings given in Part 6 of the Privacy Act 2020.
2.1. The Customer is the Health Agency responsible for Customer Personal Information. ScribeMD.ai holds Customer Personal Information as the Customer's agent for the purposes of section 11 of the Privacy Act 2020, solely for safe custody and processing on the Customer's behalf, and does not use or disclose it for its own purposes except as permitted in clause 3.2.
2.2. The Customer is responsible for having a lawful purpose for collection, for making patients aware of the collection as required by Privacy Law, for obtaining any consents required, and for ensuring its instructions to ScribeMD.ai comply with Privacy Law.
3.1. ScribeMD.ai will process Customer Personal Information only on the Customer's documented instructions (including as set out in this Agreement and through the Customer's configuration of the Service), and will inform the Customer if it believes an instruction breaches Privacy Law.
3.2. ScribeMD.ai will not sell Customer Personal Information or use identifiable patient information to train AI models. ScribeMD.ai may create aggregated and anonymised or de-identified statistics from which no individual, practice or case can be identified.
4.1. ScribeMD.ai will ensure that personnel authorised to access Customer Personal Information are bound by confidentiality obligations and access it only as needed to provide the Service.
4.2. ScribeMD.ai will maintain reasonable security safeguards consistent with IPP 5 and rule 5 of the Health Information Privacy Code 2020, including encryption in transit and at rest and access restricted to authorised personnel.
5.1. The Customer authorises ScribeMD.ai to engage sub-processors (its hosting provider, AI and language-processing providers, and payment processor). ScribeMD.ai will bind each sub-processor by written contract to obligations no less protective than these terms and remains responsible for their performance.
5.2. ScribeMD.ai will give the Customer reasonable notice of any new sub-processor that will process Customer Personal Information, and the Customer may object on reasonable privacy grounds.
6.1. Customer Personal Information is hosted in the United States unless a local hosting option has been agreed in writing, in which case it is stored in the agreed region.
6.2. Where Customer Personal Information is held by ScribeMD.ai or its sub-processors as agents under section 11 of the Privacy Act 2020, it remains treated as held by the Customer. To the extent any disclosure to a foreign person or entity is subject to IPP 12 or rule 12 of the Health Information Privacy Code 2020, ScribeMD.ai will ensure the recipient is required, including by contract, to protect the information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020.
7.1. ScribeMD.ai will promptly refer to the Customer any request it receives from an individual to access (IPP 6 / rule 6) or correct (IPP 7 / rule 7) Customer Personal Information, and will provide reasonable assistance so the Customer can respond within the timeframes required by Privacy Law.
7.2. ScribeMD.ai will provide reasonable assistance in connection with any complaint or investigation by the Privacy Commissioner relating to Customer Personal Information.
8.1. ScribeMD.ai will notify the Customer as soon as practicable after becoming aware of a Privacy Breach affecting Customer Personal Information, and will provide the information reasonably available to it so that the Customer can assess whether the breach is a Notifiable Privacy Breach and, if so, notify the Privacy Commissioner and affected individuals as required by Part 6 of the Privacy Act 2020.
8.2. ScribeMD.ai will take reasonable steps to contain the breach, reduce the risk of harm and prevent recurrence, and will cooperate with the Customer's response.
9.1. ScribeMD.ai retains Customer Personal Information in accordance with the Customer's configuration of the Service and instructions. The Customer remains responsible for retaining health records as required by the Health (Retention of Health Information) Regulations 1996.
9.2. On termination of the Agreement, and after the export period described in the Terms, ScribeMD.ai will delete or return Customer Personal Information, including copies held by sub-processors, unless retention is required by law. Any information retained remains subject to these terms for as long as it is held.
10.1. ScribeMD.ai will make available to the Customer, on reasonable request, information reasonably necessary to demonstrate its compliance with these terms.
11.1. References to Privacy Law include any regulations, codes and amendments made under it. The parties will amend these terms as reasonably necessary to comply with changes to Privacy Law.
11.2. If there is any conflict between these Data Processing Terms and the rest of the Agreement in relation to Customer Personal Information, these Data Processing Terms prevail.
11.3. Clauses 8 and 9 survive termination of the Agreement.
