PostureScribe.AI User Agreement, Indemnification, and Terms of Service
Effective Date: October 21, 2026
This PostureScribe.AI User Agreement, Indemnification, and Terms of Service (the "Agreement") is entered into by and between PostureCo, Inc., a Florida corporation with its principal place of business at 3152 Little Road, Suite 161, Trinity, FL 34655 ("PostureCo," "we," "us," or "our") and you, the user ("User," "you," or "your"), who is a healthcare professional, fitness professional, therapist, doctor, or other authorized individual accessing or using the PostureScribe.AI module ("PostureScribe.AI") within the PostureScreen Mobile iOS application or any other PostureCo software product and its modules (collectively, the "Application"). This Agreement also applies whenever PostureScribe.AI, or any similar PostureCo AI scribe or documentation feature, is used in any other PostureCo software product. This Agreement includes the Third-Party AI Provider Terms in Section 6 and incorporates the PostureCo Terms of Service by reference (Section 5.6).
By clicking "Accept," "Agree," or "Sign," by signing this Agreement electronically, or by otherwise proceeding to access, download, install, purchase, unlock, or use the PostureScribe.AI functionality, or by using the Application's cloud services in connection with PostureScribe.AI, you acknowledge that you have read, understood, and agree to be bound by this Agreement. By clicking accept and signing, you also accept responsibility for all users who utilize the PostureScreen application on your device(s). If you do not agree to these terms, you must not access or use PostureScribe.AI or related cloud services. Your use of PostureScribe.AI, even without explicitly signing this Agreement, constitutes your full acceptance of its terms and serves as complete indemnification of PostureCo as described herein. That use also constitutes your acceptance of the Terms of Service, including the Privacy Policy that forms part of them (Section 5.6), and, if you use PostureCo Cloud Services, of the Cloud Services Agreement, as well as your acknowledgment of PostureCo's HIPAA Compliance Statement (Section 1.10). This acceptance by use applies by default whether or not a click-through or signature is shown, and any click-through or signature that PostureCo requires is in addition to it (see "User Acceptance" below).
Recitals#
WHEREAS, PostureCo provides the Application, including cloud-based services and PostureScribe.AI, which uses artificial intelligence to assist professionals in drafting clinical notes, SOAP notes, narratives, or other documentation from the exam and assessment findings, recordings, dictation, notes, and other inputs that the User provides, which the User must review, edit, and adopt as the User's own before any use;
WHEREAS, PostureScribe.AI uses third-party artificial intelligence providers, including speech-to-text models and large language models ("LLMs"), which are artificial intelligence models designed to process and generate human-like text; PostureCo's primary AI provider is currently SpaceXAI LLC, the company formerly known as xAI (X.AI), now part of SpaceX, which provides the Grok models ("SpaceX AI") and provides these services to PostureCo under a signed Business Associate Agreement and with zero data retention; PostureCo's fallback AI provider is Amazon Bedrock, which PostureCo uses within its own Amazon Web Services ("AWS") account under PostureCo's Business Associate Addendum with AWS; and additional or alternative AI providers or models may be used in the future without notification, except where Section 8.3 of the Cloud Services Agreement or applicable law requires notice, provided that PostureCo sends protected health information only to AI providers bound by a Business Associate Agreement, or an equivalent subcontractor agreement, with PostureCo;
WHEREAS, PostureCo prioritizes data privacy and designs PostureScribe.AI to send its AI providers only the information needed to produce the documentation the User requests, but relies on Users not to disclose Protected Health Information ("PHI"), as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations, unless a Business Associate Agreement ("BAA") between the User and PostureCo that covers PostureScribe.AI is fully executed and in effect, and, even then, to limit PHI to the minimum necessary;
WHEREAS, PostureScribe.AI is intended for use only within the United States and is offered and authorized only in the United States, its use outside the United States is not allowed or authorized by PostureCo (Section 3.2), and sales of unlocks for PostureScribe.AI are limited to United States users via the Apple App Store;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. User Obligations Regarding PHI and Data Privacy#
1.1 Prohibition on PHI Disclosure Without a BAA; Minimum Necessary. Unless and until a BAA between you and PostureCo that covers your use of PostureScribe.AI has been fully executed by both parties and is in effect (Section 1.8), you agree not to disclose, input, dictate, record, or otherwise transmit any PHI, including but not limited to a patient's first name, last name, date of birth, Social Security number, medical record number, or any other individually identifiable health information, when using PostureScribe.AI or any related cloud services. PHI has the meaning given in HIPAA (45 C.F.R. § 160.103) and, for purposes of this Agreement, also includes any other individually identifiable health information about a patient or client that applicable state law protects, such as patient records under Fla. Stat. § 456.057 and information protected by the Florida Patient's Bill of Rights and Responsibilities (Fla. Stat. § 381.026). If a BAA that covers your use of PostureScribe.AI is fully executed and in effect, PHI may be input to and processed through PostureScribe.AI only as that BAA permits, and only the minimum necessary to produce the documentation you request. Even then, you must not state, dictate, or include any patient or client identifier, such as a name, date of birth, Social Security number, medical record number, address, telephone number, or email address, that is not needed for that documentation. It is your responsibility to ensure that all use of the Application and any third-party services complies with HIPAA and other applicable privacy laws.
1.2 Minimum Necessary Design; No De-Identification Promise. PostureScribe.AI is designed to send PostureCo's AI providers (Section 6) only what is needed to produce the documentation you ask for, consistent with the HIPAA minimum necessary standard. To do so, PostureScribe.AI sends the AI provider the audio you record or dictate, for transcription, and the exam and assessment findings, notes, prompts, and instructions needed to generate that documentation. Whatever you or anyone else says in a recording, and whatever you include in any other input, is sent to the AI provider as part of that processing. PostureCo does not promise that PostureScribe.AI will detect, remove, redact, or de-identify PHI or any other information in your recordings or inputs, and you must not rely on it to do so. You are solely responsible for ensuring that no PHI is included in any audio recordings, interviews, histories, exams, or other inputs provided to PostureScribe.AI unless a BAA that covers your use of PostureScribe.AI is fully executed and in effect, and, if one is, for limiting PHI to what Section 1.1 permits. PostureCo warns you not to state or include any PHI during interactions that are recorded or transcribed, except as Section 1.1 permits.
1.3 Audio Recordings. PostureCo does not retain audio recordings used for transcription on a long-term basis. PostureCo's copies of such recordings are automatically deleted as soon as you "sign off" on the clinical note or generate the note through PostureScribe.AI. A recording kept in the Application on your device may remain there, and in any backup of your device, until you delete it, and Section 1.6 applies to it. If you wish to retain an audio file recording from a dictation, you must choose to export this audio file to a secure location of your choosing that meets your legal obligations (Section 1.6). PostureCo does not retain them and will not have access to any recordings after you "sign off" on (finalize) the document once you are done proofreading it. SpaceX AI does not retain the data it processes for PostureCo (zero data retention), and any data processed through Amazon Bedrock is handled as described in Section 6.4.
1.4 Third-Party AI Providers; PostureCo's Role. PostureScribe.AI uses the third-party AI providers described in Section 6 to transcribe recordings and to generate documentation, and PostureCo may add, change, or replace those providers or their models at any time without prior notice to you, except where Section 8.3 of the Cloud Services Agreement or applicable law requires notice, as Section 6.3 describes. You agree to comply with Section 6 and with each of the third-party terms and policies listed in Section 6.8 as they apply to your use of PostureScribe.AI. As to patient and client information processed through PostureScribe.AI, PostureCo acts on your behalf as your service provider or processor (and, if a BAA that covers your use of PostureScribe.AI is fully executed and in effect, as your business associate), and PostureCo does not sell or share that information (as applicable privacy law defines those terms). Beyond what this Agreement expressly states, PostureCo makes no representations or warranties regarding the privacy, security, or other practices of any third-party provider, and, to the maximum extent permitted by law and subject to any executed BAA as to PHI, PostureCo is not responsible for the acts or omissions of any third-party provider. To the extent a U.S. state privacy or consumer-health-data law (such as the California Consumer Privacy Act or Washington's My Health My Data Act) applies to patient or client information that PostureCo processes for you through PostureScribe.AI, PostureCo makes the service-provider and processor commitments set out in Section 6 of the Cloud Services Agreement, which apply to PostureScribe.AI as if set out in this Agreement, with references there to the Cloud Services read as references to PostureScribe.AI, whether or not you subscribe to PostureCo Cloud Services. To the extent that the de-identified or aggregated data described in Section 6.4 meets an applicable law's definition of de-identified or aggregate information, it is not patient or client information for purposes of this Section 1.4.
1.5 Accidental Disclosure. If you, as a doctor, therapist, healthcare professional, fitness professional, or other user, accidentally disclose or identify a patient or client through PHI during an interview, history, exam, or any recorded interaction when no BAA that covers your use of PostureScribe.AI is fully executed and in effect, or beyond what Section 1.1 permits, you agree that such disclosure is solely your responsibility. Your use of PostureScribe.AI constitutes complete indemnification of PostureCo for any resulting claims, damages, or liabilities.
1.6 Security of Access and Exports. It is your duty to secure access to the PostureScreen Mobile iOS Application and any location where you choose to export healthcare records. You agree to lock the Application down with built-in security features, or utilize iOS-level app security for biometric sign-in, and at a minimum, maintain a lock passcode on the device itself. Such exports may include data sharing services, Electronic Health Record (EHR) software systems, or repositories. PostureCo is not liable for any breach of data in those locations. If you use a direct send from our software to an EHR, the transmission is encrypted outbound, but PostureCo cannot secure data if you save it locally to your computer or any other location where it can be shared from. Note that many consumer-level data sharing services do not sign a Business Associate Agreement (BAA) under HIPAA. Therefore, you should consider using business-level HIPAA-compliant sharing services available on the market for storing or sharing PHI. PostureCo is not responsible for any HIPAA violations or data breaches resulting from your use of non-compliant third-party systems. This includes device-level and consumer cloud backup, synchronization, and storage services, such as Apple iCloud Backup, which may copy the Application data on your device, including your notes, documentation, signed forms, and recordings, off the device automatically; iCloud Photos, which uploads any photographs and videos saved to the device's Photos app; iCloud Drive and similar services, to which exports you save or share may be copied; and any service you connect to the Application, such as Google Drive storage, which, once you turn it on, may upload signed notes and consent forms automatically. Apple's iCloud terms do not allow HIPAA covered entities or business associates to use iCloud for PHI. If you are a HIPAA covered entity or business associate, you must keep PHI out of every such service unless the law that applies to you permits it and any business associate agreement that law requires is in place; if you work in health and fitness only and are not covered by HIPAA, whether you take these precautions is your choice, subject to any other law that applies to you. Either way, PostureCo is not responsible for any such service or for any information in it (Terms of Service, Sections 7.1 through 7.4).
1.7 Data Backup Responsibilities. You are completely responsible for backing up all Application data, including but not limited to patient/client records and the software database. PostureCo offers PostureCo Cloud services as an optional subscription-based option to assist with backing up your data. If you use PostureCo Cloud services, your data is stored in the region you choose during setup (or in the United States, if you make no choice), and choosing the correct region is your sole responsibility (Section 3.4). PostureCo is not responsible for any data loss, including but not limited to losses resulting from deletion of the Application by you or others. You acknowledge that deleting the Application may result in loss of Application data unless properly backed up. Backups of final patient/client records and the software database may be performed via our optional PostureCo Cloud services or other secure methods of your choice that meet your legal obligations; do not use a cloud backup of your device or a consumer cloud backup or storage service, such as Apple iCloud Backup or iCloud Photos, for any data that contains PHI unless the law that applies to you permits it and any business associate agreement that law requires is in place (Section 1.6; Terms of Service, Sections 7.1 through 7.4). If you use our PostureCo Cloud services and data is lost or corrupted, PostureCo does not take any responsibility, as data loss or corruption is always a possibility with any backup system. For this reason, we suggest implementing a 3-2-1 backup strategy, which means maintaining at least three (3) copies of your data on two (2) different types of media (e.g., an encrypted local backup and a cloud service that meets your legal obligations), with one (1) copy stored offsite for disaster recovery. Examples of how to achieve this include using an encrypted backup on a computer or storage device that you control and secure as one copy, our optional PostureCo Cloud backup services (under a fully executed BAA that covers them, where you need one) as another, and a third copy via hard records stored in your EHR system. We highly encourage that all finalized records be securely stored in your third-party EHR system as part of your backup strategy.
1.8 Business Associate Agreement (BAA). PostureCo is not your business associate by default. Neither this Agreement, your signature on it, nor your use of PostureScribe.AI by itself creates a BAA. PostureCo agrees to act as your business associate only under a fully executed BAA, and you must not provide PHI to PostureCo without one (Terms of Service, Section 8.4); for PostureScribe.AI, that BAA must cover your use of PostureScribe.AI and be fully executed as this Section 1.8 describes (Section 1.1). Because PostureScribe.AI sends your recordings and other inputs to PostureCo's AI providers for processing (Section 1.2), PostureScribe.AI is eligible for a BAA: PostureCo enters into a BAA only with a healthcare provider, covered entity, or business associate under HIPAA that is located in the United States and uses PostureScribe.AI, PostureCo Cloud Services, or the cloud backup and online ViewBox included in a PostureRay® technical support plan (Terms of Service, Section 8.2), and only on that party's request. If you are a healthcare provider, facility, covered entity, or business associate under HIPAA, it is your sole responsibility to determine whether a BAA with PostureCo, Inc. is required for your use of PostureScribe.AI and, if it is, to request one from PostureCo by email to info@postureco.com or through the contact form at https://www.postureanalysis.com/postureco-support/, without including any PHI in your request. PostureCo has no obligation to ask whether you need a BAA, to offer one, or to remind you. A request alone does not create a BAA. No BAA exists unless and until it is fully executed by both you and PostureCo, and a BAA that covers the service you use must be fully executed before any PHI is uploaded, transmitted, recorded, or dictated, which includes before you turn on cloud backup or synchronization for records that contain PHI, before you use PostureScribe.AI with PHI, and before you invite any patient to RemoteScreen. A BAA that covers only PostureCo Cloud Services does not permit you to use PHI with PostureScribe.AI, and a BAA that covers only PostureScribe.AI does not permit you to upload, store, or transmit PHI through PostureCo Cloud Services (Cloud Services Agreement, Section 7.2). You may supply your own BAA form for PostureCo's review or ask for PostureCo's standard BAA, and PostureCo may accept, negotiate, or decline any proposed BAA. PostureCo does not enter into a BAA for PostureScribe.AI with anyone outside the United States. Sections 8.1 through 8.5 of the Terms of Service also apply to BAAs for PostureScribe.AI, subject to the further conditions in this Section 1.8, and govern BAAs for PostureCo's other services. Fitness and wellness professionals who are not covered entities or business associates under HIPAA generally do not need a BAA, but that determination is yours alone, and nothing in this Agreement is legal advice. If you state, dictate, or include PHI when no BAA that covers your use of PostureScribe.AI is fully executed and in effect, you do so against PostureCo's express warning and at your sole risk, and Sections 1.5 and 2 apply. Absent a fully executed BAA that covers your use of PostureScribe.AI, PostureCo has no obligations to you as a business associate, you are not covered by PostureCo for any data breaches, and, to the maximum extent permitted by law, PostureCo assumes no liability to you, or to anyone claiming through you, for any data processing activities or breaches involving PHI that you provide, and PostureCo may delete any such PHI it identifies.
1.9 Recording Consent, Patient Authorization, and AI-Use Disclosures. Before you use PostureScribe.AI to record or transcribe any conversation, you must obtain every consent, and give every notice, that applicable law requires from or to each person whose voice or information will be recorded. Some states, including Florida (Fla. Stat. § 934.03) and California (Cal. Penal Code § 632), require the consent of all parties to a conversation before it is recorded, and the law of the state where any party is located may apply. You are also solely responsible for obtaining any consent or authorization that HIPAA, state privacy or consumer-health-data laws (such as the Washington My Health My Data Act), or your professional rules require before a patient's or client's information is processed using artificial intelligence or disclosed to PostureCo and its AI providers; for obtaining the consent of a parent or legal guardian where a patient or client is a minor and the law requires it; and for giving patients and clients any disclosure about your use of artificial intelligence that applicable law, your licensing board, or your payers require of you. If a person does not consent, or withdraws consent, you must not record or process that person's conversation or information with PostureScribe.AI. Obtaining, documenting, and keeping records of these consents, authorizations, notices, and disclosures is your sole responsibility, even if the Application displays a reminder or prompt about them.
1.10 Use Under a BAA. If a BAA between you and PostureCo that covers your use of PostureScribe.AI is fully executed and in effect: (a) the BAA controls over any conflicting term of this Agreement, but only as to PHI; (b) every other term of this Agreement continues to apply in full, including Sections 1.1, 1.9, 2, and 6; (c) Section 9.3 of the Terms of Service applies, and Sections 9.1 and 9.2 of the Terms of Service, which apply to you whether or not a BAA is in effect, continue to apply; (d) PostureCo uses and discloses PHI only as the BAA permits (including, where it permits, to de-identify PHI as Section 6.4 describes) and as needed to provide PostureScribe.AI, and its obligations as your business associate, including any notice of a security incident or breach, are those stated in the BAA and required by HIPAA; and (e) PostureCo sends PHI only to AI providers bound by a Business Associate Agreement, or an equivalent subcontractor agreement, with PostureCo (Section 6.3). The BAA does not make PostureCo responsible for your own obligations as a covered entity or business associate, including your notice of privacy practices and the patient authorizations, consents, notices, and disclosures described in Section 1.9, or for any information after you export, copy, share, or store it outside PostureCo's systems (Section 1.6). With or without a BAA, PostureScribe.AI is not a system of record and PostureCo is not a medical-records custodian; you must keep your finalized documentation in your own records system (Section 1.7). PostureCo's HIPAA Compliance Statement, at https://www.postureanalysis.com/legal/hipaa-compliance-statement/, describes PostureCo's safeguards for information only; it is not a contract and does not amend this Agreement or any BAA.
2. Indemnification#
2.1 General Indemnification. You agree to indemnify, defend, and hold harmless PostureCo, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Application, cloud services, or PostureScribe.AI; (b) any disclosure of PHI by you; (c) any erroneous notes, assumed diagnoses, or inaccuracies in generated documentation; (d) any AI "hallucinations" (i.e., fabricated or incorrect information generated by the AI); (e) your failure to perform due diligence in reviewing, proofreading, and verifying any notes, transcriptions, or derivative works produced by PostureScribe.AI; (f) any breach of data security related to your access to the Application or exports of healthcare records; (g) any data loss, corruption, or failure to backup Application data, including but not limited to losses from Application deletion or issues with PostureCo Cloud services; (h) any violations of HIPAA or other privacy laws performed by you, including but not limited to sharing PHI data to non-compliant third-party systems; (i) any violation of Section 6.6 or of the third-party AI provider terms and policies listed in Section 6.8 by you or by anyone using PostureScribe.AI on your device(s) or under your account; (j) your failure to obtain any consent, authorization, or permission, or to give any notice or disclosure, required by law or by your professional obligations, including under recording-consent laws, HIPAA, state privacy and consumer-health-data laws, and laws requiring disclosure of the use of artificial intelligence (Section 1.9); (k) your Inputs (Section 6.7) or any breach of this Agreement by you or by anyone using PostureScribe.AI on your device(s) or under your account; (l) any access to or use of PostureScribe.AI, the Application, or any other PostureCo service through a virtual private network (VPN), proxy server, anonymizing network, or other location-masking technology by you, by your workforce, or by anyone using the Application on your device(s) or under your account (Section 3.3), any access to or use of PostureScribe.AI from outside the United States by any of them (Section 3.2) or any other breach of Section 3, any access to or use of the AI-Guided Health History from outside the United States by any of them or by any patient or client you invite (Section 6.1), or the region you select, or do not select, for your PostureCo Cloud Services data, including for any period before a move you request is completed (Section 3.4); (m) any access to or use of PostureScribe.AI, the Application, or any other PostureCo service in violation of any law that applies to you or to the information you handle, including HIPAA and laws like it anywhere in the world, by you, by your workforce, or by anyone using the Application on your device(s) or under your account, including any use after your right to use PostureScribe.AI has ended under Section 3.1; or (n) any device-level or third-party backup, synchronization, or storage service, including Apple iCloud Backup, iCloud Photos, and iCloud Drive, and any backup, synchronization, copying, storage, use, disclosure, loss, or security incident involving Application data, documentation, recordings, or exports, including PHI, in or through one, whether caused by you, by anyone using the Application on your device(s) or under your account, by a device or its settings, by any setting or default of the Application, or by the service's provider, and any failure to keep PHI out of one (Section 1.6; Terms of Service, Sections 7.1 through 7.4).
2.2 PHI-Specific Indemnification. If you disclose any PHI to PostureScribe.AI, whether intentionally or accidentally, when no BAA that covers your use of PostureScribe.AI is fully executed and in effect, or beyond what Section 1.1 and any such BAA permit, then, to the maximum extent permitted by law, PostureCo is not liable or responsible for any breaches, violations, or consequences under HIPAA, Florida state privacy laws (e.g., Fla. Stat. § 456.057 regarding patient records), or any other applicable regulations, and you fully indemnify PostureCo for any such disclosures. If such a BAA is in effect, PostureCo's obligations as to PHI processed as that BAA permits are those stated in the BAA and those that HIPAA imposes on business associates directly (Section 1.10), and, to the maximum extent permitted by law and subject to the BAA, you indemnify PostureCo for any claim arising out of your Inputs (Section 6.7), your failure to obtain or give the consents, authorizations, notices, and disclosures that Section 1.9 requires, or any other breach of this Agreement by you.
2.3 Erroneous Notes and Due Diligence. You acknowledge that PostureScribe.AI may generate erroneous notes, assumed diagnoses, or other inaccuracies, including hallucinations. You are fully responsible for reviewing, proofreading, and verifying all generated content for accuracy and completeness. You indemnify PostureCo for any claims arising from your failure to exercise due diligence or from any derivative works based on AI-generated content. PostureCo makes no warranties regarding the accuracy, reliability, or suitability of AI-generated outputs for healthcare, fitness, or other professional use.
2.4 Scope of Indemnification. This indemnification is complete and applies regardless of whether the claim is based on negligence, strict liability, breach of warranty, or any other legal theory. To the fullest extent permitted by law, it applies even if the claim, loss, liability, damage, cost, or expense arises, or is alleged to arise, in whole or in part from the negligence of PostureCo or any other indemnified party, except to the extent that a final decision of an arbitrator or court determines that it was caused by PostureCo's gross negligence or willful misconduct. It survives termination of this Agreement or your use of the Application.
3. Geographic Limitations and International Use#
3.1 United States Only; Laws That Apply to You. PostureScribe.AI is offered and authorized only in the United States at this time, and any access to or use of it from outside the United States is a material breach of this Agreement (Section 3.2). Sales and unlocks of the PostureScribe.AI functionality are limited to United States users through the Apple App Store. PostureCo cannot vet or verify who downloads, buys, unlocks, or uses the Application or PostureScribe.AI, what kind of professional or other user you are (for example, a healthcare provider, covered entity, business associate, or fitness or wellness professional), where you are, or which laws apply to you, and it relies on you; you must determine and comply with every law that applies to you and to the information you handle, including HIPAA and laws like it anywhere in the world (Section 9.6 of the Terms of Service). Using PostureScribe.AI in violation of any law that applies to you, whether by you or by anyone using the Application on your device(s) or under your account, is a material breach of this Agreement and of the Terms of Service: your right to use PostureScribe.AI ends automatically for that use, you must stop that use immediately, PostureCo may suspend or terminate your access (Section 18 of the Terms of Service), and Section 2 applies. PostureCo makes no representation that PostureScribe.AI or the Application is appropriate, lawful, or available for use in any particular location, and it may restrict availability in any country.
3.2 International Use Not Authorized; Breach; At Your Own Risk. PostureScribe.AI is authorized only in the United States at this time. Accessing or using PostureScribe.AI from outside the United States, whether by you or by anyone using the Application on your device(s) or under your account, and including through a VPN or other location-masking technology (Section 3.3), is not allowed or authorized by PostureCo and is a material breach of this Agreement and of Sections 4 and 8.8 of the Terms of Service, unless and until PostureCo formally releases PostureScribe.AI outside the United States, which PostureCo will do only by publishing updated terms or a written release notice on its website or in the Application; no other statement, including one by PostureCo's support or sales personnel, releases it. A release applies only to the countries or regions, and only on the terms, that the published updated terms or release notice expressly name; any access to or use of PostureScribe.AI from anywhere else outside the United States, or otherwise than on those terms, remains a material breach of this Agreement and of the Terms of Service. Nothing in this Agreement, in the Terms of Service, or in any purchase, unlock, or subscription permits or licenses any access to or use of PostureScribe.AI outside the United States, and you are responsible for any such access or use by anyone using the Application on your device(s) or under your account. If you access or use PostureScribe.AI outside the United States, you do so at your own risk, and anyone who circumvents this restriction, whether through a VPN or other location-masking technology or in any other way, does so entirely at their own risk. PostureCo makes no claims, representations, or warranties regarding compliance with non-US laws, including data privacy regulations such as the General Data Protection Regulation (GDPR) or similar frameworks. PostureCo shall not be liable for any claims, damages, or liabilities arising from such use, and you fully indemnify PostureCo accordingly. Without limiting Section 2, you must completely defend, indemnify, and hold harmless PostureCo and every other person whom Section 2.1 protects from and against all claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any access to or use of PostureScribe.AI from outside the United States by you, by your workforce, or by anyone using the Application on your device(s) or under your account, or to the resulting breach of this Agreement and of the Terms of Service, and Section 2.4 applies. PostureCo has no obligation to monitor for, detect, or block access to or use of PostureScribe.AI from outside the United States, and its failure to detect or block any such access or use does not excuse, permit, or waive the breach (Section 5.3). PostureCo may (but need not), at any time and with or without notice, suspend, terminate, or disable your access to PostureScribe.AI or to your account if it suspects any such access or use (Section 18 of the Terms of Service), and, to the maximum extent permitted by law, fees paid for PostureScribe.AI, including for any unlock or subscription, are not refunded as a result (Sections 2 and 3.1 of the Terms of Service).
3.3 No VPNs or Location Masking. You must not access or use PostureScribe.AI, the Application, PostureCo Cloud Services, RemoteScreen®, or any other PostureCo service, website, or API through a virtual private network (VPN), proxy server, anonymizing network, or any other technology that hides, masks, or changes the location from which you access them, including a VPN provided by your employer or practice, and you must not allow anyone using the Application on your device(s) or under your account to do so. Doing so is a material breach of this Agreement and of Section 4 of the Terms of Service. PostureCo may not be able to detect the use of a VPN or other location-masking technology, has no obligation to monitor for it or to detect it, and may (but need not) block, suspend, or terminate access to PostureScribe.AI or to any other PostureCo service, with or without notice, if it suspects such use. You are solely responsible for every consequence of any such use by you, by your workforce, or by anyone using the Application on your device(s) or under your account, including the use of a feature where it is not available (such as PostureScribe.AI outside the United States, Section 3.2, or the AI-Guided Health History outside the United States, Section 6.1), data stored in a region that is wrong for you (Section 3.4), and any resulting violation of law. To the maximum extent permitted by law, and except for PostureCo's own obligations under any executed BAA, data processing agreement, or applicable law (including acting within a reasonable time on a verified request to move your data under Section 3.4), PostureCo has no liability for any of those consequences, and Section 2 applies.
3.4 Cloud Storage Region Is Your Choice and Responsibility. If you use PostureCo Cloud Services, including to back up or synchronize documentation you create with PostureScribe.AI, you choose, directly in PostureCo's software when you set up PostureCo Cloud Services, the location (Amazon Web Services region) where your PostureCo Cloud Services data is stored, from the regions PostureCo offers at the time (for example, the United States, Europe, or Asia, where offered). If PostureCo's software offers you no choice, or you make none, your data is stored in the United States. PostureCo does not promise that any particular region, or a region for every country, is available, and it may add, change, or retire regions. Choosing the correct region for your location and for the laws that apply to you and to your patients and clients, including data-residency, data-protection, and health-information laws such as HIPAA, the GDPR, and the UK GDPR, is your sole responsibility. PostureCo has no obligation to determine, verify, or monitor where you or your patients or clients are located, and it cannot reliably tell, for example because someone may connect through a VPN in breach of Section 3.3; any location or VPN check PostureCo chooses to make is for its own protection, may be inaccurate, and does not make PostureCo responsible for your choice of region. PostureCo stores your data in the region you select and relies on your selection. If you selected the wrong region, set up your data outside your country by mistake, or later need your data moved to another region, you must contact PostureCo support promptly once you realize it, by email to info@postureco.com, toll free at 866-577-7297 (+1-866-577-7297 from outside the United States), or through the contact form at https://www.postureanalysis.com/postureco-support/, without including any PHI in your request. After verifying your request (as Section 6 of the Privacy Policy describes), PostureCo will assist you: it will manually move your data to the region you designate from those PostureCo then offers (if none is suitable for you, PostureCo's only obligation under this Section 3.4 is to delete the data at your verified request) and delete it from the region it is moved from, including any region where it was created by mistake, within a reasonable time, subject to secure backup retention cycles (copies in backups expire on their normal cycle and remain protected until then). By asking PostureCo to move your data, you instruct and authorize PostureCo to transfer it between the regions concerned. PostureCo does not guarantee any completion time. Except as Section 4.1 of the Cloud Services Agreement allows (for example, if a region becomes unavailable or is retired, or as needed to provide, secure, or support PostureCo Cloud Services or to comply with law), PostureCo does not move your data to another region on its own initiative. Until the move is completed, and for any period before you tell PostureCo, you are solely responsible for your data being stored and processed in the region you selected (or in the United States, if you made no selection), including every legal consequence of it. To the maximum extent permitted by law, and except for PostureCo's own obligations under any executed BAA, data processing agreement, or applicable law (including acting on your verified request within a reasonable time), PostureCo has no liability for it, and Section 2 applies. Whatever region you choose, PostureScribe.AI is processed in the United States (Section 6.3), and PostureCo's personnel and service providers in the United States may access your data as needed to provide, secure, and support PostureCo Cloud Services and PostureScribe.AI, subject to any executed BAA. Section 8.6 of the Terms of Service and Section 4.1 of the Cloud Services Agreement describe cloud hosting and regions in full.
4. Governing Law and Dispute Resolution#
4.1 Governing Law; Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or PostureScribe.AI shall be resolved by final and binding arbitration in Pasco County, Florida, on an individual basis, as Section 16 of the Terms of Service provides, and judgment on the award may be entered in any court of competent jurisdiction. If arbitration is held unenforceable as to any dispute, that dispute shall be resolved exclusively in the state courts located in Pasco County, Florida (or the appropriate county based on PostureCo's principal place of business), or in the United States District Court for the Middle District of Florida, Tampa Division (or the federal district and division that includes that county), and you consent to the personal jurisdiction of those courts. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR POSTURESCRIBE.AI, WHETHER IN ARBITRATION OR IN COURT. Nothing in this Section 4.1 limits PostureCo's right to injunctive relief under Section 15 of the Terms of Service, and either party may ask a court of competent jurisdiction for temporary or preliminary injunctive relief to prevent irreparable harm while an arbitration is pending.
4.2 Compliance with US Laws. This Agreement is drafted with specific reference to US federal laws, including HIPAA, and Florida state laws, such as the Florida Electronic Health Records Exchange Act (Fla. Stat. § 408.051) and regulations governing health information privacy.
5. Miscellaneous#
5.1 Entire Agreement. This Agreement, together with the documents it incorporates by reference (Section 5.6) and any executed BAA, constitutes the entire understanding between the parties regarding PostureScribe.AI and supersedes all prior agreements regarding PostureScribe.AI, including all prior versions of this Agreement.
5.2 Severability. If any provision is held invalid, the remainder shall continue in full force, and the invalid provision shall be enforced to the maximum extent permitted by law.
5.3 No Waiver. Failure to enforce any provision does not constitute a waiver.
5.4 Amendments. PostureCo may amend this Agreement at any time, with continued use constituting acceptance. PostureCo may also require you to accept or sign an amended version, or to accept or sign this Agreement again after an update or new release of the Application, before you continue to use PostureScribe.AI (see "User Acceptance" below).
5.5 Order of Precedence. If documents conflict: (a) as to the PHI it covers, an executed BAA between you and PostureCo controls over this Agreement and every other document named in this Section 5.5; (b) as to PostureScribe.AI and its AI Features (Section 6.1), this Agreement controls over the Terms of Service, the Cloud Services Agreement, and the Privacy Policy, except that Section 2.2 of the Terms of Service (Apple App Store terms) controls as to a PostureCo app obtained from the Apple App Store, as Sections 1.1 and 2.2 of the Terms of Service provide, and Section 6 controls over the rest of this Agreement as to the AI Features; and (c) in all other respects, the Terms of Service, the Cloud Services Agreement (as to PostureCo Cloud Services), and the Privacy Policy apply as written. Provisions that address the same subject without directly conflicting apply together, and a provision that gives PostureCo greater protection, such as a broader disclaimer, limitation, or indemnity, does not conflict with a document that is silent or less specific on that point.
5.6 Relationship to Other Agreements. This Agreement is Product-Specific Terms under Section 1.1 of the PostureCo Terms of Service and End User License Agreement (the "Terms of Service," https://www.postureanalysis.com/legal/terms-of-service/). It supplements and incorporates the Terms of Service by reference, including their indemnification (Section 11), disclaimer of warranties (Section 12), limitation of liability (Section 13), waiver of subrogation (Section 14), injunctive relief (Section 15), dispute resolution (Section 16), and attorneys' fees (Section 17) provisions, which apply to PostureScribe.AI in addition to this Agreement. The PostureCo Privacy Policy (the "Privacy Policy," https://www.postureanalysis.com/privacy-policy/) describes how PostureCo handles information and forms part of the Terms of Service. If you use PostureCo Cloud Services, the PostureCo Cloud Services Agreement (the "Cloud Services Agreement," https://www.postureanalysis.com/legal/cloud-services-agreement/) also applies.
5.7 Survival. Sections 1, 2, 3, 4, 5, and 6, and every other provision that by its nature should survive, survive the termination or expiration of this Agreement and the end of your use of PostureScribe.AI.
5.8 Parties; No Third-Party Beneficiaries. Your patients and clients, including anyone whose speech or information is recorded or processed through PostureScribe.AI or the AI-Guided Health History (Section 6.1), are not parties to this Agreement. Section 21 of the Terms of Service, under which, except as that Section provides, nothing in this Agreement confers any right, remedy, or claim on your patients and clients or on any other person except you, PostureCo, and your and its permitted successors and assigns, applies to this Agreement, except that each person whom Section 2 protects may also enforce Section 2, and except that Apple Inc. and its subsidiaries are third-party beneficiaries of this Agreement to the extent, and as, Sections 2.2 and 21 of the Terms of Service provide.
6. Third-Party AI Provider Terms#
6.1 Scope and Precedence. This Section 6 contains additional terms for the artificial intelligence features of PostureScribe.AI, including speech-to-text transcription and the generation of notes, narratives, summaries, and other documentation (the "AI Features"), and for any other feature of the Application that uses the AI providers described in this Section 6, such as the AI-Guided Health History in RemoteScreen®, when you use it or make it available to your patients or clients. References in Sections 6.5 through 6.8 to the AI Features also include that AI-Guided Health History, and Inputs (Section 6.7) include everything your patients or clients provide to it. The AI-Guided Health History uses SpaceX AI (Section 6.3), and PostureCo may also use other AI providers bound by a Business Associate Agreement, or an equivalent subcontractor agreement, with PostureCo for it, such as AWS, including Amazon Bedrock. Your use of RemoteScreen, including the AI-Guided Health History, is also governed by the Cloud Services Agreement and Section 8.9 of the Terms of Service, including their rules on patient consents and on children and minors. The AI-Guided Health History is available only in the United States at this time. Any access to or use of it from outside the United States, whether by you, by anyone using your account, or by any patient or client you invite, and including through a VPN or other location-masking technology (Section 3.3), is prohibited and is a material breach of this Agreement and of Sections 4 and 8.9 of the Terms of Service unless and until PostureCo formally releases it outside the United States, which PostureCo will do only by publishing updated terms or a written release notice on its website or in the Application; no other statement, including one by PostureCo's support or sales personnel, releases it. A release applies only to the countries or regions, and only on the terms, that the published updated terms or release notice expressly name; any access to or use of the AI-Guided Health History from anywhere else outside the United States, or otherwise than on those terms, remains a material breach of this Agreement and of the Terms of Service. You must not invite or allow any patient or client who is outside the United States to use the AI-Guided Health History, you must tell every patient or client you invite not to use a VPN or other location-masking technology with RemoteScreen (Section 8.9 of the Terms of Service), and you are responsible for your invitees' compliance (Section 2.1). PostureCo may (but need not) block or disable the AI-Guided Health History for any account, invitation, or use, and it is not responsible for any use of it outside the United States. RemoteScreen's posture photograph and movement video features may be used outside the United States, subject to your own legal responsibilities, including your choice of cloud region (Section 3.4) and the laws that apply to you and to your patients and clients. Some of these terms are required by the third-party AI providers whose services PostureCo uses; others are additional terms PostureCo has chosen to apply to the AI Features. This Section 6 forms part of this Agreement. Capitalized terms used but not defined in this Agreement have the meanings given to them in the Terms of Service (Section 5.6). If this Section 6 conflicts with any other provision of this Agreement, the Terms of Service, or the Cloud Services Agreement as to the AI Features, this Section 6 controls, except that an executed BAA controls as to PHI (Section 5.5). Because AI providers, models, and their terms change, PostureCo may update this Section 6, including the list in Section 6.8, at any time; the current version is posted at https://www.postureanalysis.com/legal/posturescribe-ai-agreement/, and you should review it periodically.
6.2 AI Models and Components. The AI Features use: (a) speech-to-text (speech recognition) models that transcribe recorded or dictated speech, which may include the speech of you, your patients or clients, and anyone else who is recorded; (b) large language models that generate notes, narratives, summaries, and other text from transcripts and your other inputs; and (c) software libraries and other components, which may include open-source models and components, each governed by its own license. PostureCo and its AI providers may update, change, replace, or discontinue any model or component at any time without notice, except where Section 8.3 of the Cloud Services Agreement or applicable law requires notice, and the behavior and output of the AI Features may change as a result. PostureCo may modify, suspend, limit, or discontinue any AI Feature at any time.
6.3 AI Providers and Hosting. PostureCo's primary AI provider for the AI Features is SpaceX AI (SpaceXAI LLC, the company formerly known as xAI (X.AI), now part of SpaceX, which provides the Grok models). SpaceX AI provides speech-to-text transcription and large-language-model services to PostureCo under a signed Business Associate Agreement with PostureCo and with zero data retention. SpaceX AI's terms require a Business Associate Agreement and use of its zero-data-retention service before any PHI is sent to it, and PostureCo has both. As a fallback, PostureCo may use Amazon Bedrock, a HIPAA-eligible service of Amazon Web Services, Inc. ("AWS"), which PostureCo uses within its own AWS account under PostureCo's signed Business Associate Addendum with AWS (the "AWS BAA"); Amazon Bedrock may run foundation models developed by third parties. Requests from PostureScribe.AI to these AI providers are sent from U.S.-based servers operated by or for PostureCo, PostureScribe.AI is processed in the United States whatever region you choose for your PostureCo Cloud Services data (Section 3.4), and PostureScribe.AI is offered and authorized only in the United States (accessing or using it from outside the United States is a material breach of this Agreement, Sections 3.1 and 3.2). PostureCo may add, change, or replace AI providers or models at any time without prior notice to you, except where Section 8.3 of the Cloud Services Agreement or applicable law requires notice, but PostureCo will send PHI only to AI providers bound by a Business Associate Agreement, or an equivalent subcontractor agreement, with PostureCo, and PostureCo will update this Section 6 to keep its list of AI providers current.
6.4 Data Retention and Training. SpaceX AI provides its services to PostureCo with zero data retention: it does not retain the data it processes for PostureCo, and its enterprise terms state that it will not use customer content to train its models. For Amazon Bedrock, PostureCo uses Amazon Bedrock's zero-data-retention setting for PostureScribe.AI where the selected model supports it; any retention AWS requires (for example, for abuse detection) stays within AWS under the AWS BAA, and AWS states that it does not share that content with the model provider. Under PostureCo's arrangements, neither SpaceX AI nor AWS may use PostureScribe.AI inputs or outputs to train its models. Audio recordings are deleted as described in Section 1.3. These statements describe PostureCo's agreements with its AI providers and the providers' own published commitments, on which PostureCo relies; PostureCo does not operate the AI providers' systems. The training restrictions in this Section 6.4 apply to PostureCo's AI providers, not to PostureCo's own collection and use of anonymized, aggregated, and de-identified data that contains no PHI and identifies no one, as Section 6 of the Terms of Service and Sections 2.3 and 13.4 of the Privacy Policy allow. You authorize PostureCo to create de-identified data from the patient and client information that PostureScribe.AI processes for you, for PHI only as 45 C.F.R. § 164.514 allows and only as an executed BAA permits, and for other personal information only as applicable law and your agreements with PostureCo permit, and to use and disclose de-identified and aggregated data as those Sections allow, including to improve PostureCo's products and to develop artificial intelligence models. PostureCo will not create de-identified data under this authorization from records first uploaded or submitted before October 15, 2026, unless you have affirmatively accepted (for example, by clicking to accept) a version of the Terms of Service, the Cloud Services Agreement, or the PostureScribe.AI User Agreement dated October 15, 2026 or later. PostureCo keeps de-identified data in de-identified form and does not attempt to re-identify it, except as the law permits. Otherwise, PostureCo accesses identifiable patient or client information processed through PostureScribe.AI only to provide, secure, and support PostureScribe.AI, as you authorize, as Section 8.7 of the Terms of Service describes, or as the law requires.
6.5 No Warranty for AI Output. AI output, including transcripts, notes, narratives, and summaries, may be inaccurate, incomplete, misleading, out of date, biased, offensive, or fabricated (so-called "hallucinations"). It may mishear or misattribute what was said, including names, numbers, measurements, sides of the body, and medications, and it may state findings, diagnoses, or other content that you did not make or intend. AI output is a documentation draft for your review. It is not medical advice, a diagnosis, or a treatment recommendation, and it does not replace your independent professional judgment. You are solely responsible for reviewing, editing, and verifying every output for accuracy and completeness before you sign, save, export, share, submit, or otherwise use or rely on it for any clinical, billing, legal, or operational purpose, and when you do any of those things you adopt the output as your own work. THE AI FEATURES AND ALL AI OUTPUT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSTURECO, ON BEHALF OF ITSELF AND ITS AI PROVIDERS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE AI FEATURES WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE. To the maximum extent permitted by law, PostureCo is not liable for any AI output or for any use of or reliance on it, and the disclaimer of warranties and limitation of liability in Sections 12 and 13 of the Terms of Service apply.
6.6 Prohibited Uses. You must not use the AI Features, or allow anyone else to use them: (a) for any unlawful, harmful, fraudulent, deceptive, abusive, or exploitative purpose; (b) to infringe, misappropriate, or violate anyone's privacy, publicity, intellectual property, or data rights; (c) to generate false, misleading, or fraudulent clinical or other documentation, including documentation of services that were not provided or findings that were not made; (d) to give any AI output to a patient, client, payer, or other person, or to place it in any record, without first reviewing, editing, and verifying it yourself; (e) to record or process any person's speech or information without the consents, authorizations, notices, and disclosures that Section 1.9 requires, or to input PHI except as Section 1.1 permits; (f) to reverse engineer, decompile, or extract, or attempt to discover, any model, its weights or parameters, its training data, its prompts or system instructions, or the source code of the AI Features, or to use the AI Features or their output to develop or train any competing artificial intelligence model, product, or service; (g) to circumvent any safety, security, content, rate, or usage limit; (h) in any way that violates the third-party terms listed in Section 6.8 or applicable law; (i) through a VPN, proxy server, anonymizing network, or other location-masking technology (Section 3.3); or (j) from outside the United States, in the case of PostureScribe.AI (Section 3.2) or the AI-Guided Health History (Section 6.1), including, for the AI-Guided Health History, by any patient or client you invite. An AI provider may decline, filter, or limit a request under its own policies, and PostureCo may suspend or terminate your access to the AI Features, with or without notice, for any actual or suspected violation of this Section 6.6.
6.7 Responsibility for Inputs. You are solely responsible for the content and legality of everything that you, or anyone using PostureScribe.AI on your device(s) or under your account, provides to the AI Features, including recordings, dictation, text, prompts, findings, and notes ("Inputs"). You represent and warrant that, for every Input, you have obtained all rights, consents, authorizations, and notices required by law and by your professional obligations, including under HIPAA, state privacy, consumer-health-data, and recording-consent laws, to provide the Input to PostureCo and its AI providers and to have it processed as this Agreement describes, including any PHI, other personal information, or other sensitive information it contains, and that providing and processing it will not violate any law or any person's rights. You must not provide any Input that you are not permitted to provide.
6.8 Applicable Third-Party Terms. Your use of the AI Features is subject to the following third-party terms and policies, and you agree to comply with each of them as it applies to your use:
(a) SpaceX AI Acceptable Use Policy: https://x.ai/legal/acceptable-use-policy
(b) AWS Acceptable Use Policy: https://aws.amazon.com/aup/
(c) AWS Responsible AI Policy: https://aws.amazon.com/ai/responsible-ai/policy/
(d) AWS Service Terms, including the terms for third-party models offered through Amazon Bedrock: https://aws.amazon.com/service-terms/
(e) Open-source model and component licenses, as applicable (for example, the MIT License and the Apache License 2.0)
These third-party terms are published, and may be changed at any time, by their providers, and PostureCo is not responsible for them or for any third-party website. PostureCo may update this list at any time, including when it adds, changes, or replaces an AI provider or model. If a third-party term and this Agreement both apply to your conduct, you must comply with both, and the more restrictive requirement applies to you. You are not a party to, and are not a third-party beneficiary of, any agreement between PostureCo and an AI provider, and no AI provider has any obligation or liability to you under this Agreement.
User Acceptance#
By using PostureScribe.AI, you affirm that you are authorized to enter into this Agreement and agree to its terms. If you accept this Agreement on behalf of a practice, facility, or other organization, you represent that you are authorized to bind it, and "you" includes that organization.
PostureCo requires your electronic signature on this Agreement to use PostureScribe.AI, and it may require you to accept or sign this Agreement again at any time, by a click-through (a checkbox or button) or an electronic signature, including at sign-up, at login, in the Application, after PostureCo amends this Agreement (Section 5.4), and after an update or new release of the Application. Each such click-through or signature is in addition to your acceptance by use, and its absence, or PostureCo's not requesting it, never means that you have not accepted this Agreement. If you decline a click-through or signature that PostureCo presents, you must stop using PostureScribe.AI, and PostureCo may restrict or disable your access to it until you accept.
Your click-through (including any checkbox or button), typed or drawn signature, signing, and/or use of the PostureScribe.AI module serves as your binding electronic signature and acceptance of this Agreement in its entirety. You agree that your electronic signature is legally binding and has the same force and effect as a handwritten signature, including under the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Florida Uniform Electronic Transaction Act (Fla. Stat. § 668.50), and you agree to receive, accept, and sign this Agreement electronically. PostureCo may keep records of your acceptances and signatures, including the date, time, account, and version or date of this Agreement accepted, and those records are evidence of your acceptance.