Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Be Smart Global, LLC, a Delaware Limited Liability Company (Delaware File No. 10620833) operating the DocReport platform at https://docreport.us and associated applications (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms. If you are accepting on behalf of an organization (e.g., a medical practice or health system), you represent that you have authority to bind that organization and "you" refers to that organization.

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

DocReport is an AI-assisted clinical documentation platform that helps licensed healthcare providers create medical notes, suggest billing codes (CPT and ICD-10-CM), draft prior-authorization packets, and prepare denial appeal letters. The Service is a clinical documentation aid only — it does not constitute medical advice, diagnosis, treatment, or clinical decision support as defined under 21 CFR Part 880.

All clinical content generated by the Service must be reviewed and approved by a licensed clinician before being used in any clinical, billing, or administrative context. The licensed clinician retains full professional and legal responsibility for any content submitted to a payer, EHR, or patient record.

You must be at least 18 years of age and:

• A licensed healthcare professional in good standing with the relevant licensing authority; or
• Administrative staff of a licensed healthcare organization acting under the supervision of a licensed clinician; or
• An authorized representative of a healthcare organization.

You represent and warrant that your use of the Service does not violate any applicable law, regulation, or professional licensing requirement.

You must provide accurate, complete, and current information when creating your account. You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account.
• Notifying us immediately at info@be-smart-business.de of any unauthorized access or security breach.

We reserve the right to suspend or terminate accounts that violate these Terms or that show evidence of unauthorized use.

If you are a Covered Entity or Business Associate under HIPAA, you must execute a Business Associate Agreement ("BAA") with us before submitting any Protected Health Information ("PHI") to the Service. BAAs are available on request for Professional, Ultimate, and Enterprise subscribers.

You are responsible for ensuring your use of the Service complies with HIPAA, the HITECH Act, and all applicable state health information privacy laws. You must obtain all necessary patient consents and authorizations before uploading or entering PHI.

We implement administrative, physical, and technical safeguards consistent with HIPAA Security Rule requirements. See our HIPAA Notice of Privacy Practices for details.

You agree not to:

• Use the Service for any unlawful purpose or in violation of professional ethics rules.
• Submit false, fraudulent, or misleading information to payers or insurers using content generated by the Service.
• Attempt to reverse-engineer, decompile, or extract model weights, prompts, or proprietary algorithms from the Service.
• Scrape, crawl, or systematically extract data from the Service.
• Share your account credentials with unauthorized individuals.
• Use the Service in a manner that could harm, disable, overburden, or impair our servers or networks.
• Circumvent any security controls, rate limits, or access restrictions.
• Use the Service to develop a competing product.

The Service may offer integrations with third-party EHR systems, payer portals, or other services. Such integrations are subject to the third party's own terms and privacy policies. We are not responsible for the accuracy, availability, or compliance of third-party services.

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

We do not warrant that: (a) the Service will be uninterrupted or error-free; (b) AI- generated content will be accurate, complete, or suitable for clinical use; or (c) defects will be corrected. AI-generated content is a draft aid — you bear full responsibility for reviewing, editing, and approving any output before use.

DocReport is not a substitute for professional medical judgment. We expressly disclaim any liability for clinical decisions made based on AI-generated content.

To the fullest extent permitted by law, Be Smart Global, LLC and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost revenue, lost data, or business interruption, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claims arising under these Terms will not exceed the greater of (a) the fees you paid to us in the 12 months preceding the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow exclusion or limitation of certain damages; in such jurisdictions our liability is limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless Be Smart Global, LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorney's 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;
• Your submission of false, fraudulent, or unauthorized content to any payer or government program; or
• Any third-party claim arising from your clinical decisions or documentation.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

Any dispute arising under these Terms that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, with proceedings conducted in Delaware. You waive any right to a jury trial or to participate in a class action.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent unauthorized use of intellectual property.

We may update these Terms at any time. For material changes, we will notify you by email or via in-app notice at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

We may suspend or terminate your access to the Service at any time for violation of these Terms, non-payment, or for any other reason with 30 days' notice (or immediately for material violations). Upon termination, your right to use the Service ceases. Sections 8, 10–13, and 15 survive termination.