Terms of Service

These Terms of Service govern access to and use of the KIVA website, mobile applications, clinician tools, administrative dashboards, integrations, and related services. By creating an account, accessing the platform, or allowing your workforce to use it, you agree to be bound by these Terms and any order form, business associate agreement, data processing addendum, or other commercial agreement that applies to your organization.

If you use KIVA on behalf of a healthcare provider, clinic, hospital, practice group, employer, or other entity, you represent that you are authorized to bind that entity. If a signed commercial agreement conflicts with these Terms, the signed agreement controls to the extent of that conflict.

KIVA is a healthcare workflow platform that may support ambient listening, transcription, clinical note drafting, patient intake support, coding assistance, summarization, task generation, and related administrative features. Features may vary by plan, deployment, geography, and connected systems.

The service is intended to assist licensed professionals and authorized staff with documentation and operational workflows. KIVA does not provide medical advice, nursing advice, emergency triage, or a substitute for licensed clinical judgment.

You may use the service only if you can form a binding contract and, where applicable, are legally permitted to access and handle the data submitted through the service. Accounts must be registered with accurate, current, and complete information.

Organization administrators are responsible for assigning roles, managing workforce access, and ensuring that users are appropriately trained for the workflows they enable.

You remain solely responsible for patient care, documentation accuracy, record retention obligations, prescribing decisions, billing submissions, supervision requirements, and compliance with applicable healthcare laws and professional standards. KIVA may help create draft materials, but you control whether and how those materials are used.

You are responsible for determining whether local law requires patient notice, consent, dual-party recording consent, interpreter safeguards, or additional disclosures before using ambient capture, recording, transcription, or AI-assisted summarization features.

You may submit personal information, health information, audio, images, notes, forms, scheduling details, and other regulated data to the service. Each party will handle that data according to applicable law and the agreements that govern the relationship, including any business associate or data processing terms.

You are responsible for using appropriate device security, access controls, screen privacy, workstation policies, and downstream system protections within your own environment. You must promptly notify KIVA if you suspect unauthorized access, credential compromise, or a privacy or security incident involving your account.

As between the parties, you retain the rights you hold in data, files, recordings, transcripts, templates, forms, and other materials submitted to or created through your use of the service. You grant KIVA the limited rights necessary to host, process, transmit, secure, back up, troubleshoot, and otherwise operate the service for you and your authorized users.

KIVA retains all rights in the platform, software, models, interfaces, documentation, analytics derived from service operations, and other intellectual property, excluding your customer data and except as expressly stated otherwise in writing.

You must use the service only for lawful, authorized, and professionally appropriate purposes. You may not misuse the service in a way that creates patient safety risk, privacy harm, or operational disruption.

The service may interoperate with electronic health record systems, scheduling tools, identity providers, storage vendors, telehealth services, communication tools, and other third-party products. Your use of those connected products remains subject to their own terms, permissions, and availability.

KIVA is not responsible for outages, data formatting issues, transmission failures, or security practices of third-party services outside KIVA's reasonable control, even where an integration is offered by or through the platform.

Paid access, user limits, implementation scope, support commitments, and billing terms may be described in an order form, quote, statement of work, or other commercial document. Unless otherwise stated there, fees are non-refundable except where required by law.

KIVA may update, modify, suspend, or discontinue features from time to time, including to improve performance, address legal requirements, respond to security concerns, or evolve the service. We will use reasonable efforts to provide notice of material adverse changes when appropriate.

KIVA may suspend or restrict access if necessary to prevent harm, address suspected misuse, respond to legal requirements, investigate security incidents, or protect the platform, customers, patients, or third parties. Where practical, KIVA will provide notice and an opportunity to cure before terminating for breach.

You may stop using the service at any time, subject to any minimum commitment or notice period in your commercial agreement. Upon termination, rights granted to you under these Terms end, but provisions that by their nature should survive will remain in effect.

Except as expressly provided in a signed agreement, the service is provided on an as available basis. KIVA does not warrant that the service will be uninterrupted, error free, or appropriate for every specialty, workflow, or regulatory environment.

Outputs generated by transcription or AI-assisted features may contain omissions, inaccuracies, or formatting issues. You are responsible for final review and approval before any output is used in patient-facing or record-keeping contexts.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, goodwill, or data, even if advised of the possibility of those damages.

To the maximum extent permitted by law, each party's aggregate liability arising out of or relating to these Terms will not exceed the amounts paid or payable for the service during the twelve months preceding the event giving rise to the claim, unless a different limitation is stated in a signed commercial agreement.

Governing law, venue, and dispute procedures may be addressed in your commercial agreement. If no separate agreement applies, these Terms will be governed by the law applicable to the KIVA contracting entity, excluding conflict-of-law rules, unless local law requires otherwise.

KIVA may revise these Terms from time to time. If a revision materially changes your rights or obligations, we will use reasonable efforts to provide notice before the updated version becomes effective. Questions about these Terms should be directed through your account administrator or the support contact provided within the service.