Terms of Service

1. Acceptance of Terms

By downloading, installing, or using Shepard ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

Shepard is a clinical documentation assistance tool designed to help healthcare professionals create structured medical notes. The App is intended for use by licensed healthcare providers only.

2. Description of Service

Shepard provides ambient clinical documentation assistance, including:

• Audio recording of patient encounters for transcription
• AI-powered transcription and note generation
• Safety suggestions and clinical decision support
• Educational content and flashcard creation
• Note export and sharing functionality

The App is designed to assist, not replace, clinical documentation practices. All generated content requires clinician review and approval before use.

3. User Responsibilities

3.1 Professional Use

You represent and warrant that you are a licensed healthcare professional authorized to practice in your jurisdiction. You agree to use the App only in accordance with applicable laws, regulations, and professional standards.

3.2 Patient Consent

You are solely responsible for obtaining appropriate patient consent before recording any patient encounter. You must comply with all applicable privacy laws and institutional policies regarding audio recording in clinical settings.

3.3 Clinical Review

You acknowledge that all AI-generated content, including notes, safety suggestions, and educational materials, must be reviewed, verified, and approved by you before use in patient care. The App does not provide medical diagnoses or treatment recommendations.

3.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Privacy and Data Protection

Your privacy is critically important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy features of Shepard include:

• Audio is securely transmitted for transcription and immediately discarded; never stored on any server
• Protected Health Information (PHI) is automatically redacted before any cloud processing
• Our backend is stateless and does not store transcripts or clinical notes

5. Subscription and Payments

5.1 Free and Paid Tiers

Shepard offers a free tier with limited features and paid subscription tiers (Student, Resident, Attending, Attending Pro, Attending Elite) with additional functionality.

5.2 Billing

Paid subscriptions are billed through the Apple App Store or Google Play Store. All billing, refunds, and subscription management are handled through your respective app store account.

5.3 Cancellation

You may cancel your subscription at any time through your app store account settings. Cancellation will take effect at the end of your current billing period.

6. Intellectual Property

The App, including its design, features, and content (excluding user-generated content), is the property of Shepard Health and is protected by intellectual property laws.

You retain ownership of all clinical notes and content you create using the App. By using the App, you grant us a limited license to process your de-identified data solely for the purpose of providing the service.

7. Disclaimers

7.1 No Medical Advice

The App is a documentation assistance tool only. It does not provide medical advice, diagnoses, or treatment recommendations. All clinical decisions remain the sole responsibility of the healthcare provider.

7.2 No Warranty

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.

7.3 AI Limitations

AI-generated content may contain errors, omissions, or inaccuracies. You are responsible for reviewing and verifying all content before use.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHEPARD HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR PATIENT OUTCOMES, ARISING FROM YOUR USE OF THE APP.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify and hold harmless Shepard Health, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the App, your violation of these Terms, or your violation of any rights of another party.

10. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes through the App or by email. Your continued use of the App after such modifications constitutes acceptance of the updated Terms.

11. Termination

We may terminate or suspend your access to the App at any time for violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the App will immediately cease.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@shepard.health