These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and CareTraceAI (“CareTraceAI,” “Company,” “we,” “us,” or “our”), governing your access to and use of the CareTraceAI platform, including our mobile application, browser extensions, application programming interfaces, and all related services (collectively, the “Service”).
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a healthcare facility, organization, or other legal entity (“Facility”), you represent and warrant that you have the authority to bind that entity to these Terms.
1. Service Description
1.1 Overview
CareTraceAI is an AI-powered voice documentation tool designed for nurses, certified nursing assistants, caregivers, and other care staff working in assisted living facilities, including California RCFEs. The Service enables authorized care staff to record spoken patient notes, which are then transcribed and structured into clinical documentation using artificial intelligence technology.
1.2 Core Functionality
- Voice Recording. Users may record spoken clinical observations through the CareTraceAI mobile application.
- AI-Powered Transcription. Recorded audio is transcribed into text using third-party speech-to-text technology.
- AI-Powered Note Structuring. Transcribed text is processed by large language model technology to produce structured clinical documentation.
- Review and Editing. Users may review, edit, correct, and approve AI-generated notes before saving or exporting.
- Export and Integration. The Service may offer the ability to export finalized notes and push structured documentation into compatible EHR systems.
1.3 Not Medical Advice
The Service is a documentation tool only. CareTraceAI does not provide medical advice, clinical recommendations, diagnostic assessments, or treatment suggestions. The Service does not replace clinical judgment. The AI technology is designed to assist with documentation workflow efficiency only.
1.4 Service Availability
The Service is provided on an “as available” basis. CareTraceAI does not guarantee any specific level of uptime, availability, or performance. Beta or pilot features are provided “as is” without any warranty.
2. AI Disclaimer and Limitations
2.1 Human Review Required
All transcriptions and structured notes produced by the Service are AI-generated preliminary drafts. Every note must be carefully reviewed, verified for accuracy, and approved by the authoring caregiver or qualified clinical staff before it is saved, submitted, exported, or relied upon in any way.
2.2 Known Limitations
The AI technology may produce:
- Transcription errors — mishearing words, especially medical terminology, dosages, and proper nouns
- Omissions — failing to include clinically significant details
- Incorrect structuring — placing information in wrong fields or miscategorizing conditions
- Fabrication — generating plausible-sounding but incorrect details not spoken by the user
- Loss of nuance — simplifying or reinterpreting clinical observations
- Compliance gaps — notes that may not conform to specific regulatory requirements
2.3 User Responsibility
The User is solely responsible for the accuracy and completeness of all documentation they save, submit, or export. Approving a note constitutes professional attestation that the content is accurate.
3. Account and Access
Each User must create an account with accurate information. The Service supports role-based access: CNA, Nurse (LVN/RN), Director of Nursing, and Administrator. Facility Administrators are responsible for managing user access and promptly deactivating accounts for unauthorized individuals. Users must not share credentials and must be at least eighteen (18) years of age.
4. Acceptable Use
The Service is provided solely for clinical care documentation. Users shall not record non-clinical content, reverse-engineer the Service, generate false documentation, use the Service in violation of any law, or commercially redistribute access without written consent.
5. Data Ownership and Licensing
5.1 Facility Ownership
All clinical documentation, recordings, transcriptions, and structured notes created through the Service are the property of the Facility. CareTraceAI does not claim ownership of Facility Data.
5.2 License to CareTraceAI
The Facility grants CareTraceAI a limited, non-exclusive license to process Facility Data solely for providing the Service, maintaining and improving the Service, complying with legal obligations, and providing technical support.
5.3 No Sale of Data
CareTraceAI will not sell Facility Data to third parties or use it for advertising or marketing.
5.4 CareTraceAI IP
The Service, including all software, AI models, algorithms, and designs, remains the exclusive property of CareTraceAI.
6. Limitation of Liability
THE SERVICE IS A DOCUMENTATION WORKFLOW TOOL. IT IS NOT A CLINICAL DECISION SUPPORT SYSTEM, MEDICAL DEVICE, OR SUBSTITUTE FOR PROFESSIONAL JUDGMENT.
CARETRACEAI SHALL NOT BE LIABLE FOR ANY CLINICAL DECISIONS, CARE ACTIONS, OR PATIENT OUTCOMES RELATED TO DOCUMENTATION GENERATED THROUGH THE SERVICE. CARETRACEAI SHALL NOT BE LIABLE FOR AI ERRORS INCLUDING TRANSCRIPTION MISTAKES, OMISSIONS, OR FABRICATED CONTENT.
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. CARETRACEAI’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF FEES PAID IN THE PRECEDING TWELVE MONTHS OR $100.
7. Indemnification
The User and Facility agree to indemnify and hold harmless CareTraceAI from any claims arising from use of the Service, clinical documentation created through the Service, clinical decisions or patient outcomes, breaches of these Terms, or violations of applicable law.
8. Termination
A Facility may terminate at any time by providing written notice. CareTraceAI may suspend or terminate access immediately for material breaches, or upon thirty (30) days’ notice for any other reason. Upon termination, a thirty-day data export period is provided, followed by deletion within thirty (30) days of active data and ninety (90) days of backups.
9. Governing Law
These Terms are governed by the laws of the State of California. Legal proceedings shall be brought in the state or federal courts located in Los Angeles County. Before initiating formal proceedings, the parties agree to attempt informal resolution over thirty (30) days.
10. Modifications
CareTraceAI may modify these Terms at any time. Material changes take effect thirty (30) days after notice is provided via email, in-app notification, or the website. Continued use constitutes acceptance. Facilities that disagree may terminate and receive a pro-rata refund of prepaid fees.
11. Privacy and Security
Data practices are governed by our Privacy Policy. CareTraceAI will enter into a BAA with each Facility processing PHI. CareTraceAI implements administrative, technical, and physical safeguards to protect Facility Data.
12. General Provisions
These Terms, the Privacy Policy, and any applicable BAA constitute the entire agreement. Invalid provisions shall be severed without affecting the remainder. Failure to enforce a provision does not constitute a waiver. CareTraceAI may assign these Terms in connection with a merger or acquisition.
13. Contact
Legal inquiries: legal@caretrace.ai
General support: support@caretrace.ai
Security concerns: security@caretrace.ai