Terms of Service

By accessing or using Hermetiq (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legal agreement between you and Cyans SEZC Ltd (“Cyans,” “we,” “us,” or “our”), the developer of Hermetiq.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use Hermetiq via the web application
• Use Hermetiq for your personal or professional clinical documentation needs
• Export and download your generated notes for record-keeping

This license is for a single user. Each user requires their own license.

You may not:

• Copy, modify, or distribute the Software except as expressly permitted
• Reverse engineer, decompile, or disassemble the Software
• Rent, lease, lend, sell, or sublicense the Software
• Remove or alter any proprietary notices or labels
• Use the Software to develop competing products
• Share your license credentials with others
• Circumvent any technical limitations or license restrictions
• Use the Software for any unlawful purpose

As a user of Hermetiq, you are responsible for:

• Maintaining the security of your device and data
• Backing up your local database regularly
• Ensuring compliance with applicable laws and professional standards
• Obtaining proper consent for recording client sessions
• Reviewing and editing AI-generated content before clinical use
• Maintaining appropriate professional liability coverage

Hermetiq uses large language models (LLMs) and speech recognition technology to transcribe audio and generate clinical documentation. You acknowledge and agree that:

• AI-generated transcripts may contain errors, mishearings, or misattributions of speakers
• AI-generated notes may contain factual errors, hallucinations, omissions, or clinically inappropriate content
• The AI may misinterpret context, tone, clinical significance, or therapeutic interventions
• Output quality varies based on audio quality, accents, technical terminology, and session complexity
• AI models are not trained on your specific clinical style, theoretical orientation, or documentation standards
• You are solely responsible for reviewing, editing, and approving ALL content before use in clinical records
• Cyans makes no representations about the accuracy, completeness, or clinical appropriateness of AI output

If you use Hermetiq Web (the cloud-based version), the following additional terms apply:

THE SOFTWARE 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, AND NON-INFRINGEMENT.

We do not warrant that the Software will be error-free, uninterrupted, or meet your specific requirements. AI-generated content may contain errors or inaccuracies.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYANS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Clinical errors, misdiagnosis, or adverse patient outcomes
• Malpractice claims, licensing board complaints, or professional liability
• Regulatory fines, penalties, or compliance failures
• Errors in AI-generated transcripts, notes, or documentation
• Data breaches or unauthorized access (except where caused by our gross negligence)
• Service interruptions, delays, or unavailability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow limitations on liability, so some of the above limitations may not apply to you. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless Cyans SEZC Ltd, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Software
• Any content you create, store, or transmit using the Software
• Clinical decisions, treatment plans, or patient care based on Software output
• Malpractice claims, licensing complaints, or professional liability matters
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third party's rights, including patients/clients
• Regulatory investigations, audits, or compliance failures
• Any claim that your use of the Software infringes intellectual property rights

This indemnification obligation survives the termination of these Terms and your use of the Software.

By using Hermetiq, you expressly acknowledge and assume the following risks:

• AI technology is imperfect and can produce incorrect, incomplete, or inappropriate output
• Speech recognition may mishear, misattribute, or fail to capture important clinical content
• Generated documentation may not meet your professional standards without significant editing
• Technical failures may result in loss of recordings, transcripts, or notes
• Third-party services we rely on may experience outages or data incidents
• Regulatory requirements may change, affecting the appropriateness of the Software for your use

You agree that you have made an independent assessment of the suitability of the Software for your professional needs and accept full responsibility for that decision.

Hermetiq and all related materials, including but not limited to software, documentation, graphics, and trademarks, are the intellectual property of Cyans SEZC Ltd and are protected by applicable intellectual property laws.

Content you create using Hermetiq (transcripts, notes, etc.) remains your property. We claim no ownership over your clinical documentation.

We may terminate or suspend your license immediately, without prior notice, if you breach these Terms. Upon termination:

• Your license to use the Software ends immediately
• You must stop using and delete all copies of the Software
• Your locally stored data remains accessible to you

These Terms shall be governed by and construed in accordance with the laws of Anguilla, British West Indies, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of Anguilla.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the “Last updated” date. Your continued use of the Software after such changes constitutes acceptance of the modified Terms.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.