1. Eligibility & Account Registration
1.1 Eligibility
The Services are intended for use by licensed healthcare professionals, healthcare organizations, and their authorized staff. By using the Services, you represent and warrant that you:
- Are at least 18 years of age
- Are a licensed healthcare professional or authorized by one to use the Services
- Have the legal authority to enter into these Terms
- Are not prohibited by law from using the Services
- Will use the Services only for lawful purposes and in accordance with these Terms
1.2 Account Registration
You agree to provide accurate, current, and complete information during registration and to update this information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
2. Important Medical Disclaimer
2.1 Kevin Is a Clinical Support Tool, Not a Medical Professional
Kevin! is an artificial intelligence tool designed to assist licensed healthcare professionals with documentation, orders, patient documents, communications, and administrative workflows. Kevin! does NOT:
- Provide medical diagnoses, treatment recommendations, or clinical decision-making
- Replace the professional judgment of licensed healthcare providers
- Establish a physician-patient or provider-patient relationship
- Guarantee the accuracy, completeness, or appropriateness of any output
2.2 Professional Responsibility
You, as a licensed healthcare professional, retain full and sole responsibility for:
- Reviewing, verifying, and editing all AI-generated content before use in clinical care
- Ensuring all documentation accurately reflects patient encounters
- Making all clinical decisions, diagnoses, and treatment determinations independently
- Complying with all applicable medical practice standards and regulations
- Maintaining appropriate professional liability insurance coverage
2.3 No Emergency Use
The Services are NOT intended for use in medical emergencies. Do not rely on Kevin in emergency situations. If you or a patient are experiencing a medical emergency, call 911 or your local emergency services immediately.
2.4 AI Limitations
Artificial intelligence, including large language models, can produce errors, omissions, or “hallucinations” (plausible-sounding but incorrect information). AI outputs may reflect biases present in training data. AI cannot understand context the way a trained clinician can. You acknowledge these limitations and agree that all AI-generated content must be independently verified by qualified professionals before clinical use.
3. Permitted Uses
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for:
Clinical Documentation
Drafting, editing, and refining encounter notes and clinical documentation for review
Dictation & Transcription
Converting voice dictations to text for clinical purposes
Orders & Workflow Artifacts
Drafting orders, referrals, letters, and workflow documents for your review
Patient Education
Creating patient-friendly summaries and educational materials
4. Prohibited Uses
You agree NOT to use the Services to:
- Autonomous Clinical Decisions: Allow AI outputs to directly determine patient care without professional review
- Unauthorized PHI: Submit Protected Health Information without proper authorization or a valid BAA
- Fraudulent Documentation: Generate false, misleading, or fraudulent medical records or billing documentation
- Upcoding or Billing Fraud: Use AI to inflate billing codes beyond services actually rendered
- Unlicensed Practice: Use the Services to practice medicine without proper licensure
- Circumvent Security: Attempt to bypass, disable, or interfere with security features
- Reverse Engineering: Attempt to reverse engineer, decompile, or derive source code from the Services
5. Protected Health Information & HIPAA
Business Associate Agreement Required
If you are a Covered Entity or Business Associate under HIPAA, you must execute a Business Associate Agreement (BAA) with Rushin InTegrations before transmitting any PHI through the Services. Rushin InTegrations also maintains signed BAAs with Google and OpenAI for AI model processing, requiring confidential handling and prohibiting use of PHI or clinical inputs for model training or sale. Contact legal@rushin.ai to request a BAA.
Your PHI Responsibilities
- You have all necessary authorizations to submit PHI to the Services
- You will use the Services in compliance with HIPAA, HITECH, and applicable state laws
- You will implement appropriate safeguards within your organization
- You will train your workforce on proper use of the Services
- You will promptly notify us of any known or suspected security incidents
6. Intellectual Property
Our Intellectual Property
The Services, including all software, AI models, algorithms, interfaces, designs, and documentation, are owned by Rushin InTegrations and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our written permission.
Your Content
You retain ownership of the content you input into the Services. You grant us a limited license to process Your Content solely to provide the Services to you.
AI-Generated Output
You may use AI-generated outputs for your legitimate clinical and business purposes. You are responsible for reviewing and taking ownership of any outputs you choose to use. We make no claim of ownership over AI-generated outputs that you create using the Services.
7. Fees & Payment
Subscription Fees: Access to certain features may require payment. All fees are stated in U.S. dollars unless otherwise specified.
Billing & Renewal: Subscriptions automatically renew unless you cancel before the renewal date. We will provide reasonable notice of any fee changes. Continued use after a fee change constitutes acceptance.
Refunds: Fees are generally non-refundable except as required by law. Contact billing@rushin.ai for refund inquiries.
Taxes: You are responsible for all applicable taxes, duties, and levies associated with your use of the Services.
8. Service Availability & Third-Party Services
Availability: We strive to maintain high availability but do not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable for maintenance or circumstances beyond our control.
Modifications: We reserve the right to modify, update, or discontinue features at any time. For material changes, we will provide reasonable advance notice.
Third-Party Integrations: The Services may integrate with third-party platforms (EHR systems, etc.). These are governed by their own terms and privacy policies. We are not responsible for the operation, availability, or content of third-party services.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
We expressly disclaim all warranties, including but not limited to:
- Implied Warranties: Merchantability, fitness for a particular purpose, and non-infringement
- Accuracy: That AI-generated content will be accurate, complete, current, or error-free
- Clinical Appropriateness: That outputs will be medically appropriate for any particular patient
- Uninterrupted Service: That the Services will be available without interruption
10. Assumption of Risk & Insurance Requirements
Voluntary Assumption of Risk
BY USING THE SERVICES, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF AI-ASSISTED CLINICAL DOCUMENTATION TOOLS, INCLUDING:
- AI-generated errors, omissions, or inaccuracies
- Misinterpretation of clinical context or medical terminology
- Technology failures, outages, or data loss
- Regulatory or compliance issues arising from AI-assisted documentation
Required Professional Insurance
As a condition of using the Services, you represent that you maintain:
- Professional Liability Insurance: Medical malpractice coverage with limits of at least $1,000,000 per occurrence and $3,000,000 aggregate
- Cyber Liability Coverage: Coverage for data breaches and cyber incidents (recommended)
11. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY. It limits our liability and affects your legal rights.
Complete Exclusion of Clinical Liability
RUSHIN INTEGRATIONS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLINICAL OUTCOMES, PATIENT CARE DECISIONS, OR MEDICAL MALPRACTICE CLAIMS. You are a licensed healthcare professional and bear sole responsibility for all clinical decisions.
Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING:
- Loss of profits or revenue
- Loss of data
- Patient harm or adverse outcomes
- Malpractice or liability claims
- Regulatory fines or penalties
- HIPAA violations
- Reputational damage
- Business interruption
Liability Cap
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID IN THE THREE (3) MONTHS PRECEDING THE EVENT, OR (B) FIFTY DOLLARS ($50 USD).
12. Indemnification
You agree to indemnify, defend, and hold harmless Rushin InTegrations from any claims, liabilities, damages, or expenses arising out of:
- Your violation of these Terms
- Your use of the Services, including any AI-generated content you use in clinical care
- Any claim that your use of the Services caused harm to a patient or third party
- Any malpractice, negligence, or professional liability claims related to your practice
- Your violation of any third-party rights, including privacy rights
13. Termination
Termination by You: You may terminate your account at any time by contacting support@rushin.ai or through the account settings.
Termination by Us: We may suspend or terminate your access immediately if you breach these Terms, your use poses a security risk, you fail to pay fees, your professional license is suspended or revoked, or we are required to do so by law.
Effect of Termination: Your license ends immediately. You may request export of your data for up to 30 days after termination. We may delete your data after the 30-day period.
14. Dispute Resolution
Governing Law: These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles.
Informal Resolution: Before initiating formal dispute resolution, you agree to contact us at legal@rushin.ai and attempt to resolve the dispute informally for at least 30 days.
Binding Arbitration: Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Dallas County, Texas. The arbitrator's decision shall be final and binding.
CLASS ACTION WAIVER: YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
15. SMS/MMS Message Terms
15.1 Consent to Receive Messages
When you provide your mobile phone number and consent to receive SMS/MMS messages from Rushin InTegrations, you agree to the following:
- Message frequency varies based on your account activity and care coordination needs
- Message and data rates may apply
- Messages may include text (SMS) and/or images/media (MMS)
- You may opt out at any time by replying STOP to any message
- You may request help by replying HELP or contacting support@rushin.ai
- Consent is not required to receive medical care or use our services
15.2 Message Types for Healthcare Providers
Healthcare providers using Kevin! may receive:
- Account notifications and security alerts
- Patient messages and care requests
- Prescription refill notifications
- Appointment scheduling requests
- Product updates and training materials
- Billing and subscription notices
15.3 Message Types for Patients
Patients of enrolled healthcare providers may send and receive messages for care coordination, including:
- Prescription refill requests and confirmations
- Appointment scheduling and reminders
- Clinical follow-up communications
- Lab result notifications
- Pre-visit and post-procedure instructions
- General care coordination messages
15.4 Two-Way Patient-Provider Communication
Kevin! facilitates secure two-way SMS/MMS communication between patients and their healthcare providers. Examples include:
- Prescription Requests: “Hi, this is [Patient Name]. I need a refill of my blood pressure medication.”
- Provider Response: “Your prescription has been sent to [Pharmacy]. It should be ready for pickup within 2 hours.”
- Appointment Requests: “I'd like to schedule a follow-up appointment for next week.”
- Clinical Questions: “Is it normal for my incision site to look like this?” [with photo attached]
All patient-provider messages are encrypted, HIPAA compliant, and retained per applicable healthcare regulations. This messaging is not intended for medical emergencies—call 911 for emergencies.
15.5 Patient Image Submissions (MMS)
Patients may submit images via MMS for clinical purposes when requested by their healthcare provider, including:
- Wound progression photos
- Skin condition images
- Post-surgical site photos
- Insurance cards and IDs
- Intake forms and documents
- Medication photos for verification
Patient image submissions require explicit consent, are treated as Protected Health Information (PHI), and are encrypted per HIPAA requirements.
15.6 Patient Opt-In
Patients opt in to SMS/MMS messaging through their healthcare provider's practice, which may include:
- Signing a consent form at the provider's office
- Opting in through the provider's patient portal
- Responding YES to an opt-in confirmation message
15.7 Opt-Out
To stop receiving SMS/MMS messages, reply STOP to any message. You will receive a confirmation message and no further messages will be sent unless you re-subscribe. Opting out of messages does not affect your ability to receive medical care.
15.8 No Sharing of Mobile Information
Your mobile phone number and SMS/MMS consent information will not be shared with third parties or affiliates for marketing or promotional purposes. Patient mobile information is used solely for care coordination with their enrolled healthcare provider.
16. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy and any applicable BAA, constitute the entire agreement between you and Rushin InTegrations.
Amendments: We may modify these Terms at any time. Material changes will be communicated at least 30 days before taking effect. Your continued use after the effective date constitutes acceptance.
Severability: If any provision is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force.
Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
Force Majeure: We shall not be liable for any failure or delay due to circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, or government actions.
Contact Information
For questions about these Terms or the Services:
Rushin InTegrations LLCPO Box 1033
Van Alstyne, TX 75495-1033
General Inquiries: info@rushin.ai
Legal: legal@rushin.ai
Support: support@rushin.ai
Billing: billing@rushin.ai
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.