Terms of Service
Updated: September 30, 2024
These Terms of Service ("Agreement") govern your use of the scribing service provided by Yung Sidekick, a service offered by Awake Technologies INC ("Company"). By accessing or using our services, you agree to be bound by this Agreement, which includes adherence to applicable federal and state laws regarding the confidentiality and security of health information, as stipulated by the Health Insurance Portability and Accountability Act (HIPAA). If you do not agree to these terms, please refrain from using our services.
Acceptance of Terms
1.1 By accessing or using our services, you represent and warrant that you have read, understood, and agree to be bound by this Agreement.
1.2 If you are accepting this Agreement on behalf of a psychotherapist or any other entity, you represent and warrant that you have the authority to bind such entity to this Agreement.
1.3 If you do not agree to all the terms and conditions of this Agreement, you may not access or use our services.
Services Provided
2.1 Yung Sidekick provides a summarization service for therapy sessions. Psychotherapists may submit audio recordings of therapy sessions, and Yung Sidekick will provide them with session summaries. Note: All personal health information will be handled in accordance with HIPAA regulations to ensure privacy and security. All audio files of session recordings are immediately and permanently deleted after session summary is produced.
2.2 It is important to note that Yung Sidekick does not store any personal information of clients. Any personal information shared with Yung Sidekick will be handled in accordance with our Privacy Policy.
Registration and Account
3.1 In order to use our services, psychotherapists must register an account with Yung Sidekick. You agree to provide accurate, complete, and current information during the registration process.
3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
Payment and Billing
4.1 If your account usage exceeds the limits of our free plan, you can continue to access our Services by switching to the Pay-As-You-Go plan, Paid Subscriptions, or purchasing Prepaid plans (Packages).
4.2 Your Paid Subscription will automatically renew at the end of the applicable subscription period unless you cancel it before the end of that period. For the purposes of our monthly subscriptions, a month constitutes 30 calendar days. Refunds cannot be claimed for any partial subscription period. We reserve the right to change our fees in the future.
4.3 Payments for the services provided by Yung Sidekick are processed online via credit card transactions. By using our services, you agree to provide accurate and complete payment information and authorize Yung Sidekick to charge the provided credit card for the agreed-upon fees.
4.4 We work with Stripe, Inc. to process payments. By accepting these Terms, you also agree to be bound by Stripe, Inc.’s terms and conditions, including the applicable tax rates on your monthly charges.
4.5 All fees are non-refundable unless otherwise stated.
User Obligations
5.1 You agree to use our services in compliance with all applicable laws, regulations, and ethical standards.
5.2 You agree not to use our services to engage in any unlawful, harmful, or abusive behavior, including but not limited to the unauthorized recording of therapy sessions.
5.3 You acknowledge that the session summaries provided by Yung Sidekick are intended for informational purposes only and should not be considered a substitute for professional advice.
Intellectual Property
6.1 All intellectual property rights related to the session summaries, including copyrights, trademarks, and other proprietary rights, belong to Yung Sidekick and/or its licensors. You agree not to reproduce, distribute, modify, or create derivative works based on the session summaries without prior written consent from Yung Sidekick.
6.2 Yung Sidekick grants you a limited, non-exclusive, non-transferable, revocable license to use the session summaries solely for your internal and personal use in connection with the therapy services you provide.
Confidentiality and Data Security
7.1 Yung Sidekick acknowledges the importance of client confidentiality and agrees to maintain the confidentiality and security of all confidential information disclosed by psychotherapists in accordance with the terms of our Confidentiality Agreement and HIPAA regulations.
7.2 Yung Sidekick implements reasonable security measures to protect the summary reports and maintain their confidentiality. However, no method of transmission or storage is 100% secure, and Yung Sidekick cannot guarantee the absolute security of the information.
Business Associate Agreement
8.1 If Yung Sidekick is considered a business associate under HIPAA, Yung Sidekick agrees to execute a Business Associate Agreement (BAA) with any covered entity as defined under HIPAA. This agreement will specify the permitted and required uses of Protected Health Information (PHI) to ensure compliance with HIPAA regulations.
Specific Safeguards
8.2 Yung Sidekick employs robust administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of all PHI handled through our services. These safeguards include, but are not limited to:
Encryption: All PHI transmitted or stored by our systems is encrypted using industry-standard security measures.
Access Controls: Access to PHI is strictly limited to authorized personnel only, based on the principle of least privilege.
Audit Controls: We maintain comprehensive audit logs that track access to and manipulation of PHI.
Integrity Controls: Mechanisms are in place to ensure that PHI is not altered or destroyed in an unauthorized manner.
Breach Notification
8.3 In compliance with the HIPAA Breach Notification Rule, Yung Sidekick will notify affected individuals, the Secretary of Health and Human Services, and, in some cases, the media of any breach of unsecured PHI without unreasonable delay, and in any case, no later than 60 days following the discovery of the breach. We will also notify covered entities of any breach immediately upon discovery.
Employee Training and Management
8.4 Yung Sidekick ensures that all employees who have access to PHI receive comprehensive training on HIPAA regulations and the proper handling of PHI. This training is conducted upon hiring and annually thereafter. We also implement disciplinary measures for employees who fail to comply with HIPAA standards.
Amendment of Terms to Comply with Legal Requirements
8.5 Yung Sidekick reserves the right to modify or amend these terms as necessary to maintain compliance with HIPAA and other relevant laws. Any such modifications will be effective immediately upon posting the updated terms on our website, and you are encouraged to review these terms periodically.
Limitations of Liability and Disclaimers
9.1 Yung Sidekick provides its services to the best of its abilities. However, the company does not guarantee the accuracy, completeness, or suitability of the session summaries. The session summaries provided by Yung Sidekick are intended for informational purposes only and should not be considered a substitute for professional advice.
9.2 Yung Sidekick shall not be liable for any damages, direct or indirect, arising from the use or reliance on the session summaries or any other aspect of our services.
Termination
10.1 Yung Sidekick reserves the right to suspend, disable, or terminate your access to the services at any time, without prior notice or liability, if we believe that you have violated any provision of this Agreement.
10.2 Upon termination, your right to access and use the services will immediately cease, and any remaining fees owed shall become due and payable.
Modifications to the Agreement
11.1 Yung Sidekick reserves the right to modify or update this Agreement at any time. Changes to the Agreement will be effective upon posting the updated version on our website.
11.2 It is your responsibility to review this Agreement periodically. Your continued use of our services after any modifications constitutes acceptance of the updated terms.
Governing Law and Jurisdiction
12.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
12.2 Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in the State of Delaware.
Entire Agreement
13.1 This Agreement constitutes the entire agreement between you and Yung Sidekick regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
