Happy Holidays! 🎄 Wishing you joy and peace this season.
Happy Holidays! 🎄 Wishing you joy and peace this season.
Last Updated: June 8, 2025
By visiting, using, or attempting to interact with (i) www.getresonately.com, (this "Website"), (ii) any website, platform, subdomain to which you are redirected from this Website, (iii) any content, functionality, and services available to users, including secure messaging services offered on or through this Website, or (iv) visiting, using or attempting to interact with the company's (as defined below) mobile application (the "App") (collectively, the "Digital Services") or any social media site account owned or operated by the company and related to the Digital Services, you are consenting to these Website Terms of Use (these "Terms of Use"), our Privacy Policy, and our Usage Policy.
These Terms of Use, together with any documents they expressly incorporate by reference, are entered into by and between Resonately, Inc. d/b/a Open Hearing ("Resonately", "Open Hearing", "We", "we", "Us", "us", "Our", or "our") and you and govern your use of our Digital Services. The terms "User", "user", "You", "you", "Your", and "your" refer to Digital Services visitors, customers, clients, any other users of the Digital Services, and anyone who attempts to interact with the Digital Services.
To the extent applicable, these Digital Services also include access to our proprietary, cloud-based, AI-powered medical scribe and transcription solution that supports both clinical and non-clinical workflows (the "Solution"). The Solution includes functionality to capture patient-provider conversations, generate real-time clinical documentation, enable provider queries and insights, and facilitate internal collaboration. The Solution is designed to support audiologists, hearing care professionals, and other licensed healthcare professionals.
To the extent applicable, the Solution may collect, process, and transmit protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Use of the Solution is subject to separate terms, including a Business Associate Agreement ("BAA"), and reflects Open Hearing's obligations as a business associate under HIPAA and other applicable healthcare privacy laws. The Digital Services themselves do not collect or transmit PHI.
Any enhancements, updates, features, modules, or components added to the Solution and made available to users of the Solution by Open Hearing shall be deemed part of the Solution and governed by these Terms of Use, the Privacy Policy, the Usage Policy, any applicable BAA and Cloud Services Agreement.
Please read these Terms of Use carefully before accessing or using the Digital Services. These Terms of Use govern your access to and use of the Digital Services, whether as a guest or a registered user of the Digital Services. By using the Digital Services or by clicking "I accept" when this option is made available to you, you confirm that you have read, understood, and agree to be bound by these Terms of Use, our Privacy Policy and our Usage Policy. If you do not agree with or have any objection to these Terms of Use, the Privacy Policy, or Usage Policy, you must not access or use the Digital Services.
Access to certain features or functionality—including the Solution—is limited to authorized users under separate agreements, such as a Cloud Services Agreement and Business Associate Agreement. If you do not agree to these Terms of Use, the Privacy Policy, or the Usage Policy, you may not access or use the Digital Services.
ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION PROVISION, BY ENTERING INTO THESE TERMS OF USE, YOU EXPRESSLY AGREE THAT DISPUTES (AS DEFINED IN THESE TERMS OF USE) BETWEEN YOU AND RESONATELY WILL BE RESOLVED BY MANDATORY BINDING, INDIVIDUAL ARBITRATION, AND YOU AND RESONATELY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Our Digital Services are intended for individuals who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Digital Services, you represent and warrant that you are of legal age to form a binding contract with Open Hearing and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Digital Services.
The Solution, which is accessed through our Digital Services, is not intended for use by individuals under the age of 18. Due to the nature of the Solution and its role in clinical documentation and healthcare workflows, minors are strictly prohibited from accessing or using the Solution, whether directly or indirectly. Healthcare providers are not permitted to make the Solution available to minors under any circumstances. The Solution is designed exclusively for use by licensed professionals and their authorized administrative staff. While the Solution may facilitate limited patient-facing interactions—such as the delivery of intake forms or visit summaries—these interactions are initiated and controlled solely by the provider and do not involve direct access to the Solution by the patient.
We may, in our sole discretion, refuse to offer the Digital Services to any person or entity and change the eligibility criteria at any time.
The Digital Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third-party.
These Terms of Use are subject to change at any time and without notice to you in Open Hearing's sole discretion. The most current posted version of these Terms of Use supersedes all previous versions. Any updates to these Terms of Use shall be effective as of the "Last Updated" date shown above, and apply to all access to, use of, and interaction with the Digital Services after they are posted. Accordingly, you should check these Terms of Use each time you access, use, or interact with the Digital Services to ascertain if any changes have been made as they are binding on you.
Your continued access to, use of, and interaction with the Digital Services following the posting of revised Terms of Use means that you accept and agree to the changes. If you do not agree with the updated Terms of Use, you may not use the Digital Services.
Any changes to the dispute resolution provisions set out in the Arbitration and/or the Governing Law and Jurisdiction sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Digital Services.
If you are a registered customer under a Cloud Service Agreement with Open Hearing, changes to these Terms of Use will not override any conflicting or inconsistent provisions of that Agreement unless expressly stated. However, you are still responsible for reviewing these Terms of Use for any modifications applicable to your access or general use of the Digital Services beyond the scope of your contract.
Open Hearing may update the content on the Digital Services from time to time, but its content is not necessarily complete or up-to-date. Any of the Proprietary Content (as defined in Intellectual Property Rights) on the Digital Services may be out of date at any given time, and we are under no obligation to update such Proprietary Content.
If any new products, services, or content become available through the Digital Services, they will be considered part of the Services and your use of them will be governed by these Terms of Use, as updated, unless we notify you otherwise.
We reserve the right to add, modify, suspend, or discontinue any feature, functionality, or component of the Services (including the App), at any time, including, but not limited to enhancements, integrations, analytics capabilities, documentation outputs, and user interface updates, without notice.
Certain updates or features may be made available only to specific user roles, customer tiers, or under separate agreements. Any material changes to the core functionality that affect contractual use will be communicated through your customer account or as required by your Cloud Service Agreement.
We reserve the right to withdraw or amend the Digital Services or materials we provide on or through the Digital Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Digital Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Digital Services, or the entire Digital Services, to users, including registered users. You are responsible for:
Some areas of the Digital Services, including those related to access or use of the Solution, may require you to submit certain information about yourself, such as your name, email address, phone number, or other identifying details. You agree that any information you provide to Open Hearing through the Digital Services will be accurate, current, and complete. You must not impersonate anyone else, use an email address other than your own, or submit information on behalf of a third party without authorization.
If access to certain areas of the Digital Services or the Solution requires a login or authentication process, you may be asked to create or use credentials—such as a username, email, password, or other identifiers (collectively, "IDs"). These IDs are personal to you, and you are responsible for maintaining their confidentiality and security. You agree not to share your IDs with anyone else or allow any other individual to access restricted areas using your credentials.
If we determine or suspect that your IDs have been compromised, misused, or shared in violation of these Terms of Use, we reserve the right to disable or revoke access, with or without notice. You agree to notify us immediately of any unauthorized use of your IDs or other suspected security breach and to take reasonable steps to prevent further misuse. You also agree to log out at the end of each session and to use caution when accessing any part of the Digital Services from a public or shared device.
Please note that not all parts of the Digital Services will require or offer account access. Access to the Solution is limited to authorized users under separate agreements and may involve additional security protocols. For more information about how we handle your personal information, please review our Privacy Policy.
The Digital Services do not provide professional medical advice, diagnosis, treatment or recommendations of any kind.
The Solution is available for use by licensed professionals and their authorized administrative staff who are granted access through individual credentials. Each authorized user of the Solution must maintain their own unique login credentials and may not share or delegate access. While the Solution may facilitate limited patient-facing interactions—such as the delivery of intake forms or visit summaries—these interactions are initiated and controlled solely by the provider and do not involve direct access to the Solution by the patient.
If you are a healthcare provider or other authorized user accessing the Solution through the Digital Services, you are responsible for complying with all applicable professional, institutional, and legal obligations, including any healthcare privacy and security laws such as the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as applicable. Your access to and use of the Solution is subject to additional terms, including a Cloud Services Agreement and, where required, a Business Associate Agreement.
The Digital Services offer basic user account functionality in which users can request their account be deleted. Access to the Solution is governed by a separate Cloud Services Agreement between Open Hearing and the applicable organization or provider. Any account cancellation, suspension, or termination must follow the procedures set forth in that agreement. Individual users should consult their organization's administrator for assistance.
If you are an authorized user of the Solution, we may send you administrative or transactional emails or messages in connection with your use of the Solution. You may manage your communication preferences through your account settings, where applicable.
The following terms apply to the Open Hearing Patient Messaging program (the "Messaging Program"), which enables healthcare clinics and providers ("Participating Clinics") that use Open Hearing's platform to communicate with their patients via SMS and MMS text messages for care coordination and patient support purposes.
a. Program Description.
The Messaging Program allows Participating Clinics to send and receive text messages (SMS and MMS) to and from their patients for the following purposes: appointment reminders and confirmations; follow-up care instructions; lab and test result notifications; billing and payment reminders; prescription pickup notifications; and two-way conversations to address patient inquiries and provide general patient support. The Messaging Program is operated by Resonately, Inc. on behalf of Participating Clinics as an independent software vendor (ISV) and messaging platform provider.
b. Consent and Opt-In.
By providing your mobile phone number to a Participating Clinic and consenting to receive text messages—whether through a patient intake form, registration process, or other written or electronic consent mechanism provided by your healthcare provider—you agree to receive text messages from the Participating Clinic through the Open Hearing platform related to your care, appointments, billing, and general patient support. Consent to receive text messages is not a condition of receiving healthcare services or purchasing any goods or services. You may be enrolled in the Messaging Program when your Participating Clinic initiates a text message conversation with you for care coordination purposes.
When you are first enrolled in the Messaging Program, you will receive an introductory text message identifying the Participating Clinic, the types of messages you will receive, and instructions on how to opt out or obtain help.
c. Message Frequency.
Message frequency varies based on your healthcare needs, appointment schedule, and the nature of your relationship with the Participating Clinic. You may receive multiple messages per week depending on your care requirements. Automated and manual messages may be sent on behalf of your Participating Clinic.
d. Message and Data Rates.
Message and data rates may apply. Open Hearing and Participating Clinics do not charge you for text messages sent or received through the Messaging Program; however, your mobile carrier may charge you standard messaging and data fees in accordance with your mobile service plan. Please contact your mobile carrier for details about your specific plan and any applicable charges.
e. Opt-Out Instructions.
You may opt out of receiving text messages from a Participating Clinic at any time by replying STOP to any text message you receive from the Participating Clinic. Upon receipt of your opt-out request, you will receive a single confirmatory message confirming that you have been unsubscribed, and you will no longer receive text messages from that Participating Clinic's number. Opting out of text messages will not affect your ability to receive healthcare services from the Participating Clinic.
To resume receiving text messages after opting out, you may reply START or YES to the Participating Clinic's number from which you previously opted out.
f. Help and Support.
For help or information regarding the Messaging Program, you may reply HELP to any text message received from a Participating Clinic. You will receive a reply message with the Participating Clinic's contact information and instructions for opting out. You may also contact Open Hearing directly at care@open-hearing.com or contact your Participating Clinic's office for support related to the Messaging Program.
g. Supported Carriers.
The Messaging Program is supported on major U.S. mobile carriers, including but not limited to AT&T, T-Mobile, Verizon, Sprint, and their respective MVNOs. Carriers are not liable for delayed or undelivered messages.
h. Privacy and Protected Health Information.
Text messages sent and received through the Messaging Program may contain protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). Open Hearing processes such messages as a business associate of the Participating Clinic in accordance with the terms of a Business Associate Agreement between Open Hearing and the Participating Clinic. Your Participating Clinic is responsible for obtaining appropriate consent and authorization for the use and disclosure of your PHI via text message in accordance with applicable law.
By consenting to receive text messages from your Participating Clinic, you acknowledge and understand that text messages (SMS and MMS) are not a fully secure method of communication and may be accessible by third parties, including your mobile carrier. You assume the risk associated with receiving health-related information via text message. You are responsible for safeguarding access to your mobile device.
i. Participating Clinic Obligations.
If you are a healthcare provider or authorized representative of a Participating Clinic using the Open Hearing platform to send text messages to patients, you represent and warrant that: (i) you have obtained valid consent from each patient to whom you send text messages in compliance with the Telephone Consumer Protection Act ("TCPA"), the Cellular Telecommunications Industry Association ("CTIA") guidelines, and all applicable federal, state, and local laws and regulations; (ii) you will not send text messages to patients who have opted out of receiving such messages; (iii) you will comply with all applicable provisions of HIPAA, including obtaining any necessary patient authorizations, prior to transmitting PHI via text message; (iv) you will use the Messaging Program solely for patient care coordination, appointment management, billing communications, and general patient support purposes, and not for marketing, promotional, or advertising purposes unless you have obtained separate express written consent; and (v) you will promptly honor all opt-out requests received from patients.
j. Disclaimer.
The Messaging Program is provided as a communication tool and does not constitute medical advice, diagnosis, or treatment. Text messages sent through the Messaging Program should not be used for medical emergencies. If you are experiencing a medical emergency, please call 911 or go to your nearest emergency room. Open Hearing is not responsible for the content, accuracy, or timeliness of text messages composed and sent by Participating Clinics. Message delivery is subject to the availability and performance of your mobile carrier and network conditions. Open Hearing does not guarantee the delivery of any text message.
k. Changes to the Messaging Program.
Open Hearing reserves the right to modify, suspend, or discontinue the Messaging Program, in whole or in part, at any time without notice. Any material changes to the Messaging Program that affect your rights or obligations will be communicated through an updated version of these Terms of Use.
You may use the Digital Services for lawful purposes only and in accordance with these Terms of Use.
You shall not use the Digital Services: (i) in any way that violates any applicable federal, state, local, or international law, rule, or regulation (including, but not limited to, any law, rule, or regulation regarding the export of data or software to and from the U.S. or other countries); (ii) to exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to cause duress, distress, or discomfort to anyone else; (iv) to upload, download, use or re-use, distribute, transmit, communicate, link to, publish, or access anything that does not comply with the Content Standards set out in these Terms of Use; (v) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (vi) to impersonate or attempt to impersonate Open Hearing, a Open Hearing employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); (vii) in any way that infringes on any intellectual property, privacy, or proprietary rights, or confidentiality obligations of others; and/or (viii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Digital Services, or which, as determined by us, may harm Open Hearing or users of the Digital Services, or expose them to liability.
Additionally, you shall not use the Digital Services: (i) in any manner that is likely to deter or discourage anyone else from using the Digital Services or Services; (ii) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Digital Services; (iii) to use any robot, bot, web crawler, crawler, web scraper, scraper, spider, or other automatic device, process, or means to access the Digital Services for any purpose; (iv) to use any manual process to monitor or copy any of the material on the Digital Services without our prior written consent; (v) to use any device, software, or routine that interferes with the proper working of the Digital Services; (vi) to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vii) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Digital Services; (viii) to attack the Digital Services via a denial-of-service attack or a distributed denial-of-service attack; (ix) to introduce any injurious formulas, recipes, or instructions; and/or (x) otherwise attempt to interfere with the proper working of the Digital Services.
YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICES TO RECORD, CAPTURE, UPLOAD, TRANSMIT, OR STORE ANY DATA THAT YOU DO NOT HAVE THE LEGAL RIGHT TO ACCESS OR DISCLOSE, INCLUDING, BUT NOT LIMITED TO, PHI WITHOUT THE APPROPRIATE AUTHORIZATIONS UNDER HIPAA, APPLICABLE STATE LAWS, AND ANY APPLICABLE BUSINESS ASSOCIATE AGREEMENTS.
YOU MAY NOT USE THE SERVICES TO INPUT OR STORE PERSONAL HEALTH INFORMATION OF PATIENTS UNLESS YOU ARE AN AUTHORIZED HEALTHCARE PROVIDER OR AN AUTHORIZED USER ACTING ON BEHALF OF A COVERED HEALTHCARE ENTITY WITH THE APPROPRIATE LEGAL PERMISSIONS.
YOU MAY NOT USE THE SERVICES OR APP FOR ANY MEDICAL PURPOSE OTHER THAN DOCUMENTATION, COMMUNICATION, OR WORKFLOW SUPPORT AS INTENDED BY THE TOOL. THE SERVICES ARE NOT DESIGNED FOR DIRECT PATIENT INTERACTION, MEDICAL EMERGENCY RESPONSE, OR DIAGNOSTIC DECISION-MAKING.
YOU ARE PROHIBITED FROM VIOLATING OR ATTEMPTING TO VIOLATE THE NETWORK SECURITY OF THE DIGITAL SERVICES IN ANY WAY. SUCH VIOLATION(S) OR ATTEMPTED VIOLATION(S) MAY SUBJECT YOU TO CIVIL OR CRIMINAL PENALTIES. WE RESERVE THE RIGHT TO INVESTIGATE SUCH VIOLATIONS OR ATTEMPTED VIOLATIONS AND INVOLVE AND COOPERATE WITH LAW ENFORCEMENT AT THE STATE AND FEDERAL LEVEL TO PROSECUTE YOU FOR SUCH ACTIONS.
The Digital Services contains material that are protected by the legal intellectual property rights of U.S. or other countries' laws for copyright, trade and service mark, patent, trade secret, and other intellectual property and proprietary rights laws that is owned by Open Hearing or its licensors, including, but not limited to, the Digital Services and its entire contents, features, and functionality, including, but not limited to, all information, software, analytical formulas, reports, text, displays, images, video, and audio, and the design, selection, and arrangements thereof ("Proprietary Content"). You agree and understand that the license for use of Proprietary Content on the Digital Services is limited. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication, or derivative work of any Proprietary Content is strictly prohibited except as expressly provided in these Terms of Use.
Subject to these Terms of Use, we grant You a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Digital Services for your personal, non-commercial use only. Where applicable, your use of the Digital Services—including the App, and co-pilot functionality—is further governed by any Cloud Service Agreement or Business Associate Agreement in effect between you (or your healthcare organization) and Open Hearing.
You do not have the right and shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, use in whole or part in publications, download, store, resale, develop commercial products or services, or transmit any of the Proprietary Content on the Digital Services except as follows:
The App and all code, content, and features associated with it—including integrations, interfaces, performance dashboards, and underlying logic—remain the exclusive property of Open Hearing and are licensed, not sold, to you for use as described in these Terms of Use and any separate agreement between you and Open Hearing.
Using any of the Proprietary Content for a commercial purpose without our prior written consent violates our copyrights and other proprietary rights. If you wish to make any use of the Proprietary Content on the Digital Services, other than as set out in this section, please address your request to: care@open-hearing.com.
a. License Grant. Subject to your compliance with these Terms of Use and, where applicable, any Cloud Service Agreement, Open Hearing grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Open Hearing App on devices that you own or control. This license is granted solely for your internal business use in accordance with these Terms of Use and any applicable documentation or Cloud Service Agreement.
b. Reservation of Rights. Open Hearing reserves all rights in and to the App not expressly granted to you under these Terms of Use. The App and its contents, including any updates, enhancements, or modifications, remain the exclusive property of Open Hearing or its licensors.
c. Scope and Restrictions. You may not:
d. Use of Online Services. The App may enable access to certain online services, including features related to the Digital Services co-pilot, charting, scheduling, and messaging functionalities. By using the App, you consent to the transmission of standard device information (such as technical specs and usage data) to these services. Your use of online services is subject to these Terms of Use and any additional terms provided by Open Hearing or relevant third-party providers.
e. Third-party Tools and Services. Location-enabled or other App functionality may be powered by services from Google Inc., Apple Inc., or other third parties. Your use of those features is subject to their respective terms and policies.
f. App Support and Functionality. All questions and support requests relating to the App must be directed to Open Hearing. Open Hearing may, in its sole discretion, modify, restrict, suspend, or discontinue App functionality at any time without notice. Open Hearing's third-party providers are not responsible for App support and should not be contacted directly.
g. Device Compliance. Use of the App on rooted, jailbroken, or otherwise modified devices (collectively, "Modified Devices") is expressly prohibited. Open Hearing disclaims all responsibility and liability for functionality, performance, or security issues arising from use of the App on any Modified Device or on devices that do not meet manufacturer specifications. Your use of the App on such devices is at your sole risk.
h. Compliance and Confidentiality. You are solely responsible for ensuring that your use of the App complies with all applicable privacy and health information laws, including HIPAA where applicable. You must keep the App and any related documentation in strict confidence and use it solely as permitted under these Terms of Use and any applicable agreement with Open Hearing.
If you are a healthcare provider using the Digital Services to access the Solution, your relationship with Open Hearing is governed by a separate Cloud Services Agreement and, where applicable, a Business Associate Agreement. Open Hearing does not provide medical care or create physician-patient relationships, and we are not responsible for any communications, advice, or services you provide to patients. You remain solely responsible for complying with all legal, ethical, and professional obligations related to your use of the Solution and your provision of healthcare services. In the event of a conflict between these Terms of Use and the Cloud Services Agreement, the Cloud Services Agreement shall govern.
The trademarks, service marks, and logos of Open Hearing ("Open Hearing Marks") used and displayed on various parts of the Digital Services are registered and unregistered trademarks or service marks of Open Hearing. Other company, product, brand, trade names, and service names located on the Digital Services may be trademarks or service marks owned by others (the "Third-Party Marks", and, collectively with Open Hearing Marks, the "Marks"). Nothing in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks, without our prior written permission specific for each such use. All goodwill generated from the use of Marks inures to the benefit of the owner of the Marks. You may not use the Open Hearing Marks in a way that implies partnership, sponsorship, or endorsement unless expressly authorized in writing by Open Hearing.
If you participate in any evaluation or otherwise provide your opinion, ideas, comments, recommendations, corrections, improvements, techniques, or enhancements to us about the Digital Services ("Feedback"), such Feedback will be deemed to be both non-confidential and non-proprietary. You assign all right, title, and interest in such Feedback to Open Hearing. We are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever.
Where the foregoing assignment is prohibited by law, you grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback. To the extent permitted by applicable law, You waive any moral rights and irrevocably consent to any acts that would otherwise infringe your moral rights in your Feedback. You agree that you will not submit Feedback that includes any identifiable patient information or PHI.
Third-Party Content means any Proprietary Content owned by a licensor to Open Hearing that is contained on the Digital Services. Respectfully, third parties reserve all rights in Third-Party Content that are not expressly granted to you in these Terms of Use. You have no right to use Third-Party Content outside license granted in these Terms of Use for the presentation within the Digital Services.
The Digital Services may contain links to third-party websites. We have no control over the third-party websites, contents, or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. You release Open Hearing from all claims or damages arising or related to your use of third-party websites. You access third-party websites at your own risk and subject to the terms and conditions of such third-party website.
The Digital Services may incorporate third-party software components, APIs, or analytics tools, including from cloud hosting providers, calendar systems, or AI libraries. Your use of such features may be subject to additional third-party terms, and Open Hearing makes no warranties with respect to those tools.
To the extent the Digital Services rely on third-party inputs or infrastructure (such as speech-to-text models or storage systems), you agree that such dependencies may change or be updated over time and that Open Hearing is not liable for their performance or continued availability.
You are strictly prohibited from using any information, content, or materials on, or otherwise derived from, the Digital Services for purposes of, or related to, training artificial intelligence technologies, including without limitation, training such technologies to generate text, images, audio, or other content in any style, form, or manner. This includes, without limitation, content derived from chart notes, speech-to-text outputs, co-pilot responses, or any portion of the Digital Services that processes or generates clinical or administrative information.
You may not copy, export, or otherwise extract any data or feature sets from the Digital Services, including the App, for use in training or fine-tuning AI models of any kind—whether commercial, open-source, or research-based—unless you have received express written authorization from Open Hearing. For the avoidance of doubt, you do not have the right to, and you do not have the right to sublicense others to, reproduce and/or otherwise use any information, content, or materials on or otherwise derived from the Digital Services in any manner for purposes of training artificial intelligence technologies.
We reserve the unconditional right, in our sole discretion, to: (i) remove, refuse to post, move, or edit any User Contribution that we deem to be harmful, offensive, unprofessional, disruptive, illegal, or otherwise contrary to the values of our business; (ii) take any action with respect to any User Contribution that we deem necessary or appropriate; (iii) disclose your identity or other information about you to any third-party who claims that material posted by you violates their rights; (iv) take appropriate legal action, including referral to law enforcement; and/or (v) terminate, suspend, or limit your access to all or part of the Digital Services for any or no reason, including any violation of these Terms of Use.
YOU WAIVE AND HOLD HARMLESS RESONATELY, ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, Open Hearing does not undertake to review all User Contributions or the content of any third parties before it/they is/are posted on the Digital Services and cannot ensure prompt removal of objectionable or inaccurate material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third-party.
You understand that termination of your access to the Digital Services may result in the deletion or deactivation of your account and associated login credentials. Termination of your access does not automatically cancel any Cloud Service Agreement or contractual obligations unless expressly stated. If we determine, in our sole discretion, that you have violated these Terms of Use or any applicable law (including HIPAA), we reserve the right to immediately suspend or revoke your access without refund.
Open Hearing respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Contributions does not infringe any third-party's intellectual property rights. In accordance with the Digital Millennium Copyright Act and laws of certain other jurisdictions, Open Hearing has adopted the following policy toward copyright infringement. Open Hearing may block access to or remove content that Open Hearing believes in good faith infringes the intellectual property rights of others. In addition, Open Hearing will, in its discretion, terminate the accounts of or remove and discontinue Digital Services to users who repeatedly infringe the intellectual property rights of others.
The information presented on or through the Digital Services is provided "AS IS" and is made available solely for general information purposes. Open Hearing does not make any express or implied representations or warranties of any kind, including, but not limited to, the accuracy, completeness, or usefulness of this information or any materials contained on the Digital Services. Any reliance you place on such information is strictly at your own risk.
RESONATELY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE DIGITAL SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
The Digital Services, including the App, the co-pilot functionality, and any AI-generated content, are not intended to provide medical advice, make clinical decisions, or replace professional judgment. No content, charting output, or suggested phrasing from the Digital Services should be interpreted as a diagnosis, treatment recommendation, or substitute for consultation with a licensed medical professional. You are solely responsible for reviewing, validating, and approving any documentation or notes generated through the Digital Services prior to relying on them for patient care or regulatory compliance.
Your use of the Digital Services does not create a physician-patient relationship or any other clinical relationship between Open Hearing and your patients.
Nothing in these Terms of Use shall create any right of action against us for failing to adequately screen potential users of the Digital Services.
All information Open Hearing collects on the Digital Services is subject to our Privacy Policy. By using the Digital Services, you consent to all actions taken by Open Hearing with respect to your information in compliance with the Privacy Policy.
To the extent you use the Digital Services to collect, store, or transmit PHI, you represent and warrant that you are authorized to do so under applicable law, including HIPAA.
Your access and use of any data, including PHI, must comply with all applicable privacy and security laws, including any Business Associate Agreement in place between you (or your healthcare organization) and Open Hearing. Please review the Privacy Policy for details on how Open Hearing collects, uses, and protects personal information, including information processed through the App or the transcription/co-pilot features.
You may link to Open Hearing's homepage, provided you do so in a way that is fair and legal and does not damage Open Hearing's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.
The Digital Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on the Digital Services; send emails or other communications with certain content, or links to certain content, on the Digital Services; and/or cause limited portions of content on the Digital Services to be displayed or appear to be displayed on your own or certain third-party websites.
If the Digital Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, but not limited to, banner advertisements and sponsored links. Open Hearing has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
The owner of the Digital Services is based in the United States. The Digital Services are intended only for persons located in the United States. We make no claims that the Digital Services or any of its content is accessible or appropriate outside of the United States.
YOUR USE OF THE DIGITAL SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL SERVICES IS AT YOUR OWN RISK. THE DIGITAL SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RESONATELY AND ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE DIGITAL SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RESONATELY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL SERVICES, THE SOLUTION, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE DIGITAL SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
You agree to defend, indemnify, and hold harmless, to the fullest extent of the law, Open Hearing, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your failure to comply with HIPAA or any other applicable data privacy or security laws; (ii) your reliance on AI-generated or transcribed outputs without appropriate review or verification; (iii) any unauthorized use, disclosure, or transmission of PHI or other sensitive information through the Digital Services; (iv) your breach of any of the provisions of these Terms of Use or your use of the Digital Services; and (v) your use of the Digital Services in a manner inconsistent with these Terms of Use, any governing documentation, or your own internal compliance obligations.
For purposes of these Terms of Use, "Dispute" means any dispute, claim, or controversy between you and Open Hearing regarding, arising out of or relating to any aspect of these Terms of Use, the Digital Services, and its associated licenses, services and products, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), including the validity, enforceability or scope of these Terms of Use (with the exception of the enforceability of the Class Action Waiver clause below). Dispute is to be given the broadest possible meaning that will be enforced.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE DIGITAL SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The subject headings of the sections and subsections of these Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Open Hearing shall be permitted to assign, transfer, and subcontract its rights, and/or obligations under these Terms of Use without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.
No waiver of any of the provisions of these Terms of Use by Open Hearing shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Open Hearing.
These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you.
a. To You. We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide or (ii) by posting to the Digital Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
b. To Us. To give us notice under these Terms of Use, you must contact us by personal delivery, overnight courier, or registered or certified mail to:
Resonately, Inc.
1950 Broadway, #2611
Oakland, CA 94612
If any provision of these Terms of Use is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Use and will not affect the validity or enforceability of the remaining provisions of these Terms of Use.
These Terms of Use, our Privacy Policy, our Usage Policy, and any Cloud Service Agreement Open Hearing enters into with a customer, including any legal notices and disclaimers contained on the Digital Services, constitute the sole and entire agreement between you and Open Hearing regarding the Digital Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Digital Services.
34. Your Comments and Concerns.
For questions, feedback, comments, or other communications relating to the Digital Services, the Services, and/or these Terms of Use, please email us at care@open-hearing.com.