Terms of Service

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Sarer Health ("Sarer", "we", "us", or "our"), governing your access to and use of the Sarer clinical documentation platform, available at app.sarerhealth.com and as a mobile application distributed via the Apple App Store (collectively, the "Service").

By creating an account, downloading the app, or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

You may use the Service only if:

• You are 18 years of age or older
• You are a licensed or otherwise qualified healthcare professional (physician, nurse, allied health professional, medical student under supervision, or administrative healthcare staff), or are using the Service on behalf of a qualifying healthcare organization
• You have the legal capacity to enter into a binding contract
• Your use of the Service does not violate any applicable law or regulation in your jurisdiction

Sarer reserves the right to verify professional credentials and to suspend or terminate accounts that do not meet eligibility requirements.

3. Apple App Store — Additional Terms

If you download or use the Service through the Apple App Store, the following additional terms apply. In the event of any conflict between these Terms and Apple's terms, Apple's terms govern with respect to App Store-specific obligations.

3.1 Acknowledgement

You acknowledge that these Terms are between you and Sarer Health only, and not with Apple Inc. Apple is not responsible for the Service or its content.

3.2 Scope of License

Sarer grants you a limited, non-exclusive, non-transferable, revocable license to use the app on any Apple-branded device you own or control, solely for your personal, non-commercial use in accordance with these Terms and the Apple App Store Terms of Service.

3.3 Maintenance and Support

Sarer Health, not Apple, is responsible for providing maintenance and support for the Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.

3.4 Warranty

In the event the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the app. All other warranty claims are solely between you and Sarer Health as set forth in these Terms.

3.5 Product Claims

Sarer Health, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of the app, including: (a) product liability claims; (b) claims that the app fails to conform to applicable legal or regulatory requirements; and (c) claims arising under consumer protection or similar legislation.

3.6 Intellectual Property

In the event of any third-party claim that the app or your use of it infringes a third party's intellectual property rights, Sarer Health, not Apple, is responsible for the investigation, defense, settlement, and discharge of any such claim.

3.7 Third-Party Beneficiary

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

3.8 U.S. Legal Compliance

You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

4. Account Registration and Security

4.1 Account Creation

To access the Service, you must register for an account using a valid email address. We use passwordless authentication (one-time passcode sent to your email).

4.2 Account Security

You are responsible for:

• Keeping your email account secure, as it controls access to the Service
• All activity that occurs under your account
• Notifying us immediately at support@sarerhealth.com if you suspect unauthorized access

4.3 Accuracy

You agree to provide accurate, current, and complete registration information and to update it as necessary to keep it accurate.

4.4 One Account Per User

Each account is for a single individual user. You may not share your account credentials or allow another person to use your account.

5. The Service — Description and Limitations

5.1 What Sarer Does

Sarer provides AI-assisted tools that transcribe voice recordings and generate structured clinical documentation drafts. The Service uses third-party AI models (OpenAI Whisper for transcription, Anthropic Claude for note generation) to process your recordings.

5.2 Critical Medical Disclaimer

THE SERVICE IS A DOCUMENTATION ASSISTANCE TOOL ONLY. IT IS NOT A MEDICAL DEVICE, DOES NOT PROVIDE MEDICAL ADVICE, AND IS NOT A SUBSTITUTE FOR YOUR PROFESSIONAL CLINICAL JUDGMENT.

Specifically:

• All AI-generated notes require your independent review and verification before being signed, filed, or acted upon in any patient record — the Service does not verify clinical accuracy on your behalf
• The Service does not diagnose, treat, prevent, or cure any disease or condition
• AI outputs may contain errors, omissions, or inaccuracies — you are solely responsible for verifying accuracy before clinical use
• You must not rely on the Service as the sole or primary basis for any clinical decision
• Sarer Health accepts no liability for clinical outcomes arising from reliance on AI-generated content without professional review

5.3 Regulatory Status

The Service is not currently cleared or approved by the U.S. Food and Drug Administration (FDA), CE-marked in the EU, or cleared by any other medical device regulatory authority. It is offered as a productivity and documentation tool, not a regulated medical device.

6. Acceptable Use

6.1 Permitted Uses

You may use the Service to:

• Record your own clinical dictation and patient encounter summaries
• Generate, review, edit, and save clinical documentation
• Create and manage clinical note templates
• Share completed notes through the Service's built-in sharing features

6.2 Prohibited Uses

You must not:

• Use the Service for any unlawful purpose or in violation of these Terms
• Record any person without their knowledge or consent, where required by applicable law
• Upload or process recordings that contain content that is abusive, defamatory, fraudulent, or unrelated to clinical documentation
• Attempt to reverse engineer, decompile, or extract source code from the Service
• Scrape, harvest, or extract data from the Service using automated tools
• Use the Service to process data on behalf of third parties in a commercial resale or white-label arrangement without our express written consent
• Attempt to gain unauthorized access to other users' accounts, data, or the Service's infrastructure
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to develop a competing product or benchmark the Service without our consent
• Circumvent, disable, or otherwise interfere with security features of the Service
• Introduce viruses, malware, or other harmful code

7. Patient Consent, Recording Obligations, and Clinician Responsibilities

7.1 You Are the Data Controller

When you record a patient encounter and submit it through the Service, you are the data controller for any patient personal data contained in that recording. Sarer Health processes that data as a data processor acting on your instructions only.

This means all legal obligations that attach to data controllers — including obtaining patient consent, responding to patient rights requests, and notifying regulators in the event of a breach — remain with you and your practice.

7.2 Recording Consent

Before making any recording through the Service that contains patient-identifiable information, you must:

• Inform the patient (or their legal guardian) that the encounter will be recorded
• Inform the patient that the recording will be processed by AI services to generate clinical documentation
• Obtain any consent required by the laws and professional regulations applicable to your jurisdiction and clinical setting
• Document that consent in your practice management system in accordance with your institution's policy

Recording consent requirements vary by jurisdiction. Common frameworks include:

• United States — HIPAA Authorization (45 CFR §164.508); state wiretapping laws
• European Union / UK — GDPR Article 9 (special category data); local health data laws
• GCC / MENA — Local healthcare data protection regulations apply
• Australia — Privacy Act 1988; state health records legislation

If you are unsure whether consent is required in your jurisdiction, you must obtain it before using the Service. Sarer Health cannot provide legal advice on this question.

7.3 Minimizing Patient Identifiers

You are expected to minimize the identifiable patient information included in recordings. Where clinically appropriate:

• Use patient reference numbers or initials rather than full names
• Avoid unnecessary inclusion of dates of birth, national ID numbers, or contact details in dictated audio
• Avoid recording highly sensitive special-category information (e.g. mental health, HIV status, substance use history) unless the note type specifically requires it

7.4 Your Obligations as Clinician

As a healthcare professional using the Service, you are solely responsible for:

• Complying with all applicable laws and professional obligations governing patient data
• Ensuring your use of the Service complies with HIPAA, GDPR, local healthcare data regulations, and your professional licensing body's requirements
• Reviewing all AI-generated notes for clinical accuracy and completeness before signing, filing, or acting upon them
• Not using AI-generated notes as the primary or sole basis for any clinical decision
• Maintaining appropriate professional indemnity insurance
• Promptly notifying us at privacy@sarerhealth.com if you become aware of any unauthorized disclosure of patient data processed through the Service

7.5 No Patient Relationship

Sarer Health has no direct relationship with your patients, does not communicate with them, and assumes no responsibility for their care or clinical outcomes. The Service is provided to you as a professional productivity tool only.

Patients cannot access, log in to, or directly exercise rights through the Service. Patient rights requests (access, deletion, correction) must be handled by you as data controller; we will support you in fulfilling them upon request.

8. Intellectual Property

8.1 Sarer's IP

The Service, including all software, algorithms, designs, trademarks, and content created by Sarer Health, is owned by or licensed to Sarer Health and is protected by copyright, trademark, and other applicable intellectual property laws. Nothing in these Terms grants you any right to use Sarer's trademarks or branding.

8.2 Your Content

You retain ownership of all voice recordings, transcripts, and clinical notes you create through the Service ("Your Content"). By using the Service, you grant Sarer Health a limited, non-exclusive, royalty-free license to store, process, and transmit Your Content solely to operate the Service and as described in our Privacy Policy.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback for any purpose without compensation or attribution to you.

8.4 AI Output Ownership

Clinical notes generated by the Service are derived from your recordings and inputs. We do not claim ownership of AI-generated notes. You are responsible for the notes you sign and submit under your professional credentials.

9. Subscriptions and Payments

9.1 Pricing

Access to the Service may require a paid subscription. Current pricing plans are displayed within the app and on our website. Prices are subject to change with advance notice.

9.2 Billing

Subscription fees are billed monthly in advance. By subscribing, you authorize us to charge your payment method on a recurring monthly basis until you cancel.

9.3 Cancellation

You may cancel your subscription at any time from within the Service (Settings → Manage Subscription). Cancellation takes effect at the end of the current billing period. No refunds are issued for unused time in the current period, except where required by applicable law.

9.4 Free Tier

Sarer offers a free, usage-capped plan. This is not a time-limited trial and does not automatically convert to a paid subscription — you may upgrade to a paid plan at any time from within the Service.

9.5 Taxes

Prices shown may exclude applicable taxes. You are responsible for any taxes applicable to your use of the Service in your jurisdiction.

9.6 Apple App Store Purchases

If you subscribe through the iOS app, your purchase is processed through Apple's In-App Purchase system and billed by Apple, not Sarer Health, subject to Apple's own payment terms and the App Store's subscription, refund, and cancellation policies. You can manage or cancel an iOS subscription at any time from your device's Settings → [your name] → Subscriptions, or from within the Service, which will direct you to that same screen. If you subscribe through our website instead, your purchase is processed by our web payment provider (Stripe) and governed by Sections 9.1–9.5 above. A subscription purchased on one platform does not automatically transfer to the other; if you separately subscribe on both, you may be billed by both Apple and Stripe for overlapping access — contact us or use the applicable platform's refund process if this happens unintentionally.

10. Availability and Service Changes

10.1 Availability

We aim to provide the Service continuously but do not guarantee uninterrupted, error-free operation. Scheduled maintenance, upgrades, or events outside our control may cause downtime. We will endeavor to provide advance notice of planned maintenance.

10.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will provide reasonable advance notice of material changes where possible.

10.3 Third-Party Dependencies

The Service relies on third-party APIs (OpenAI, Anthropic). Changes to or outages of those services may affect Service functionality. We are not liable for such third-party disruptions.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties as to the accuracy, completeness, or reliability of any AI-generated content
• Warranties that the Service meets your professional, regulatory, or clinical requirements

You assume full responsibility for evaluating the suitability of the Service for your intended use.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Sarer Health's total cumulative liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amounts you paid to Sarer Health in the twelve (12) months preceding the claim, or (b) USD $100
• Sarer Health shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, data, revenue, goodwill, or clinical outcomes, even if advised of the possibility of such damages

This limitation applies regardless of the form of action and whether the claim arises in contract, tort (including negligence), strict liability, or otherwise.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

13. Indemnification

You agree to indemnify, defend, and hold harmless Sarer Health and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service in violation of these Terms
• Your violation of any applicable law or regulation, including healthcare data laws
• Your clinical practice, decisions, or patient outcomes
• Any content you submit through the Service
• Your infringement of any third-party rights

14. Termination

14.1 By You

You may terminate your account at any time from within the Service (Settings → Delete Account), which takes effect immediately. If you're unable to access the Service, you may instead contact support@sarerhealth.com.

14.2 By Us

We may suspend or terminate your account at any time if:

• You breach these Terms
• We have reason to believe you pose a risk to the Service, other users, or patients
• Required by applicable law
• We discontinue the Service

Upon termination, your right to use the Service ceases immediately. We will handle your data as described in our Privacy Policy.

14.3 Survival

Sections 8, 11, 12, 13, 15, and 16 survive termination of these Terms.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the Kingdom of Saudi Arabia, without regard to conflict of law principles.

15.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the matter is not resolved within 30 days, disputes shall be submitted to binding arbitration administered by the Saudi Center for Commercial Arbitration (SCCA) in accordance with its rules, seated in Jeddah, Saudi Arabia, unless you opt out within 30 days of creating your account by emailing legal@sarerhealth.com.

15.3 EU/UK Users

If you are located in the EEA or United Kingdom, mandatory local consumer and data protection laws apply and cannot be excluded by these Terms.

16. General Provisions

16.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Sarer Health regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and all other provisions remain in full force.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

We are not liable for delays or failures caused by events outside our reasonable control, including natural disasters, pandemics, government actions, power failures, or third-party service outages.

16.6 Language

These Terms are provided in English. In the event of any conflict between an English version and a translated version, the English version prevails.

17. Changes to These Terms

We may revise these Terms from time to time. When we make material changes, we will notify you by:

• Updating the "Last Updated" date above
• Displaying a notice within the Service
• Sending an email notification for significant changes

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the Service.

18. Contact

For questions about these Terms:

Sarer Health
Email: legal@sarerhealth.com
Support: support@sarerhealth.com