Chartnote Terms of Use

Version 3.0 — Posted September 6, 2026 — Effective September 16, 2026

Supersedes all prior versions of the Chartnote Terms of Use

1.Acceptance of Terms

These Terms of Use (“Terms”) are a binding agreement between you and Chartnote, Inc., a Delaware corporation (“Chartnote,” “we,” “us,” or “our”), governing your access to and use of the Chartnote websites, web and mobile applications, browser extensions, and related services (collectively, the “Services”). By creating an account, clicking to accept, or using the Services, you accept these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes it.

These Terms incorporate by reference the Chartnote Privacy Policy (chartnote.com/privacyPolicy), the Chartnote Business Associate Agreement (chartnote.com/baa) (the “BAA”), and the Chartnote Fair Use & Account Policy (chartnote.com/fairUse). Enterprise customers that execute a Master Order Form are additionally governed by the Chartnote Master Subscription Agreement (chartnote.com/msa) (the “MSA”). Together, these documents are the “Agreement.” In the event of a conflict, the order of precedence is stated in Section 28.

2.Clinical Use; Customer Responsibilities; AI Services

2.1. Professional Tool; No Medical Advice. The Services are documentation tools for licensed healthcare professionals and their organizations. Chartnote does not practice medicine, does not provide medical advice, diagnosis, or treatment, and is not a substitute for professional judgment. You are solely responsible for all clinical decisions.

2.2. Verification of AI Output. The Services include artificial intelligence and speech-recognition features that generate draft documentation, suggested codes, and reference information. AI output may contain errors, omissions, or inaccuracies. You are responsible for reviewing, editing, and approving all AI-generated content — including clinical content, medications, dosages, and billing or diagnostic codes — before relying on it, signing it, or transferring it to any system of record, and you agree not to rely on AI output for critical decisions without independent verification.

2.3. Recording Consents. You are solely responsible for obtaining, documenting, and maintaining all consents, notices, and authorizations required by applicable law — including all-party consent where required by state law and any notice required for the use of artificial intelligence in patient care — before recording, transcribing, or otherwise capturing any patient encounter or other conversation using the Services.

2.4. Facility and Employer Authorization. If you use the Services in connection with a healthcare facility, employer, medical group, or other organization — including to record, transcribe, or document encounters with that organization’s patients — you represent and warrant that your use of the Services is authorized by, and consistent with the policies and any agreements of, that organization. Chartnote provides the Services to you as the account holder and does not verify, and has no obligation to verify, whether any organization has authorized your use of the Services. As between you and Chartnote, you are solely responsible for any use of the Services without required organizational authorization, and Chartnote shall have no liability to you or to any third party arising from such use. Your indemnification obligations under Section 21 apply to claims arising from use of the Services in violation of this Section.

2.5. System of Record. Chartnote is not an electronic health record and is not the legal medical record. You are responsible for transferring completed documentation to the applicable electronic health record or other system of record, which remains the source of truth for patient care, and for your own medical-record retention obligations.

2.6. Retention Settings. Retention and auto-delete settings for notes and audio are configurable as described in the Services and the Privacy Policy; you are responsible for configuring them consistent with your legal and organizational requirements.

3.Eligibility; Registration

You must be at least 18 years old and able to form a binding contract to use the Services. Where the Services are used for clinical documentation, you must be a licensed healthcare professional, a healthcare trainee under appropriate supervision, or an authorized member of a healthcare organization’s workforce. You agree to provide accurate, current, and complete registration information and to keep it updated. You may not register using another person’s identity. If you believe your account information has been compromised, notify us promptly by emailing help@chartnote.com.

4.License

Subject to these Terms and payment of applicable fees, Chartnote grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal clinical documentation purposes during your subscription term. All rights not expressly granted are reserved.

5.Business Associate Agreement

Where you are a covered entity or a member of a covered entity’s workforce and the Services involve Protected Health Information, the BAA applies and is incorporated into these Terms. The BAA covers every account, including free and trial accounts, from first use. The BAA controls over these Terms with respect to Protected Health Information.

6.Subscriptions; Billing; Renewal

6.1. Plans. The Services are offered on the subscription plans described on our website. Features, seat types (including assistant seats where offered), and usage parameters are as described for your plan and, for teams, your workspace configuration.

6.2. Billing and Auto-Renewal. Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected) and renew automatically until cancelled. You authorize our payment processors to charge your payment method on each renewal. You may cancel at any time, effective at the end of the then-current billing period, through your account settings. If you subscribed through the Apple App Store or Google Play, your subscription, billing, cancellation, and any refunds are managed through that store under its terms.

6.3. Taxes. Fees are exclusive of taxes, which you are responsible for except taxes on Chartnote’s income.

7.Fair Use & Account Policy

Your use of the Services, including plans described as “unlimited,” is subject to the Chartnote Fair Use & Account Policy at chartnote.com/fairUse, which is incorporated into these Terms. Individual accounts are licensed to a single, named clinician and may not be shared. Organizations with support staff who assist with documentation, or with more than one clinician, should use a team or enterprise workspace with appropriate seat types. Chartnote administers the Fair Use & Account Policy as described in that policy and in Section 25 (Investigations): if we believe an account is being used outside the policy, we will contact you first and give you an opportunity to respond through the review process described in our notice before any suspension or restriction. In the event of a conflict between these Terms and the Fair Use & Account Policy regarding permitted account usage, the Fair Use & Account Policy controls.

8.Free Trials

We may offer free trials or free tiers. Trial features and durations are as described at signup and may be modified or discontinued at our discretion. Unless you cancel before the end of a trial that converts to a paid plan, your payment method will be charged as disclosed at signup.

9.Changes to Fees

We may change fees for the Services upon at least thirty (30) days’ advance notice, effective on your next renewal. If you do not agree to a fee change, you may cancel before it takes effect.

10.Refunds

Except where required by law or expressly stated at purchase, fees are non-refundable, and cancelled subscriptions remain active through the end of the paid period. Refund requests related to billing errors may be submitted to help@chartnote.com within sixty (60) days of the charge. Purchases made through an app store are subject to that store’s refund policy.

11.Customer Content

11.1. Your Content. “Customer Content” means content you create, upload, record, or generate using the Services, including audio, transcripts, notes, and templates. As between you and Chartnote, you own Customer Content. You grant Chartnote a limited license to host, process, transmit, and display Customer Content solely to provide the Services, as described in the Privacy Policy and, for Protected Health Information, the BAA.

11.2. No AI Training. Chartnote does not use Customer Content to train artificial intelligence models, and requires the same of the service providers that process Customer Content on our behalf, as described in the Privacy Policy and the BAA.

11.3. Responsibility. You are responsible for Customer Content and for your legal right to create and process it, including the consents and authorizations described in Section 2.

11.4. Organization-Managed Content. Customer Content created under an organization-managed seat in a team or enterprise workspace is subject to the administrative controls of the organization that is the customer of record for that workspace. Customer Content in an individual account is controlled by the individual account holder, as described in Section 8.3 of the Privacy Policy.

12.Chartnote Intellectual Property

The Services, including software, models, interfaces, designs, templates provided by Chartnote, and documentation, are owned by Chartnote and its licensors and are protected by intellectual property laws. Chartnote and the Chartnote logo are trademarks of Chartnote, Inc. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Services except as permitted by law.

13.Feedback

If you provide feedback or suggestions, you grant Chartnote a perpetual, irrevocable, royalty-free license to use them without restriction or obligation. Feedback does not include Customer Content or Protected Health Information.

14.Accounts and Security

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Accounts are personal to the registered user and may not be shared, as further described in the Fair Use & Account Policy. You must promptly notify us at help@chartnote.com of any unauthorized access to or use of your account. Team and enterprise workspaces provide administrator roles; workspace administrators are responsible for managing seats and permissions for their organization.

15.Acceptable Use

You agree not to:

1. use the Services in violation of law, these Terms, or the rights of others;
2. use the Services to record any person without required consent or authorization;
3. share, sell, or transfer your account credentials, or use a single account to document care delivered by multiple clinicians, except as expressly permitted under the Fair Use & Account Policy;
4. upload malicious code or interfere with the Services or their security;
5. attempt to gain unauthorized access to the Services or other accounts;
6. scrape, harvest, or use automated means to access the Services except through interfaces we provide;
7. resell, sublicense, or provide the Services to third parties except as expressly permitted;
8. use the Services to build a competing product; or
9. misrepresent your identity, licensure, or affiliation.

16.Copyright Complaints

We respond to notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act. Notices should be sent to privacy@chartnote.com with the information required by 17 U.S.C. § 512(c)(3). We may terminate accounts of repeat infringers.

17.Third-Party Services

The Services may interoperate with or link to third-party services (including electronic health records, browser platforms, and app stores). Chartnote does not control and is not responsible for third-party services, and your use of them is governed by their terms.

18.Privacy

Our collection, use, and disclosure of information is described in the Chartnote Privacy Policy at chartnote.com/privacyPolicy, which is incorporated into these Terms. Protected Health Information is governed by the BAA.

19.Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR THE MSA, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND CHARTNOTE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CHARTNOTE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

20.Medical Disclaimer

THE SERVICES ARE DOCUMENTATION TOOLS AND DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE CLINICIAN REMAINS THE DECISION-MAKER AND IS RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF ALL DOCUMENTATION AND FOR ALL CLINICAL DECISIONS.

21.Indemnification

You will defend, indemnify, and hold harmless Chartnote and its officers, directors, employees, and agents from and against third-party claims, and resulting damages, liabilities, costs, and reasonable attorneys’ fees, arising from:

1. your Customer Content;
2. your use of the Services in violation of these Terms, the Fair Use & Account Policy, or applicable law;
3. your failure to obtain consents or authorizations required by Section 2, including recording consents and facility or employer authorization under Section 2.4; or
4. your violation of the rights of any third party.

Chartnote will provide prompt notice of any such claim and reasonable cooperation at your expense, and may participate in the defense with its own counsel.

22.Electronic Communications and Notices

By creating an account, you consent to receive communications from us electronically, including service, security, billing, and legal notices, at the email address associated with your account and through notices within the Services. Electronic notices satisfy any legal requirement that a communication be in writing. You may opt out of marketing communications at any time; operational and legal notices are a condition of using the Services. You are responsible for keeping your account email address current.

23.Limitation of Liability

23.1. Single Liability Regime. The limitations and exclusions of liability set forth in Section 9 of the MSA constitute the single liability regime applicable to all claims arising under or relating to these Terms, the Agreement, the BAA, and the Services, and are incorporated into these Terms by reference and apply to all users, whether or not the MSA otherwise applies to their account. In summary and without limiting Section 9 of the MSA: neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages; each party’s aggregate liability is capped at the fees paid or payable in the twelve (12) months preceding the first event giving rise to liability (with a $1,000 floor for free and trial accounts); and an enhanced cap of three (3) times trailing-twelve-month fees, not to exceed $1,000,000, applies to indemnification obligations, breaches of confidentiality, and breaches of the BAA.

23.2. Exceptions. Nothing in these Terms limits liability for a party’s gross negligence, willful misconduct, or fraud, or any liability that cannot be limited under applicable law.

23.3. Basis of the Bargain. The limitations in this Section are an essential basis of the bargain between you and Chartnote and apply notwithstanding any failure of essential purpose of any limited remedy.

24.Termination

24.1. By You. You may stop using the Services and cancel your subscription at any time, effective at the end of the then-current billing period.

24.2. By Chartnote. We may suspend or terminate your access to the Services for material breach of these Terms or the policies they incorporate, following the notice-first approach described in the Fair Use & Account Policy; provided that we may suspend immediately where reasonably necessary to address security incidents, fraud, unlawful activity, or legal requirements. We will not interrupt active patient care except under those carve-outs.

24.3. Effect. Upon termination, your license ends and Sections that by their nature should survive (including Sections 2, 11, 12, 13, 19–23, 25, and 26–29) survive. Return or destruction of Protected Health Information is governed by the BAA; export of Customer Content is available as described in the Privacy Policy.

25.Investigations

Chartnote reserves the right to investigate complaints or reported or suspected violations of these Terms or our policies, including the Fair Use & Account Policy, and to take any action we deem appropriate. This may include reviewing account and usage information (such as login activity, concurrent sessions, recording volume, usage patterns, billing details, IP address, and device information), suspending or restricting accounts, and, where required or permitted by law, reporting suspected unlawful activity to the appropriate authorities. Investigations rely primarily on account and usage information. Any access to, use, or disclosure of Protected Health Information in the course of an investigation is limited to the minimum necessary for Chartnote’s proper management and administration of the Services and remains governed by the BAA and applicable law, including HIPAA. You agree to promptly notify us at help@chartnote.com if you become aware of any unauthorized access to or use of your account.

26.Governing Law; Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles, except to the extent preempted by federal law. The parties will first attempt in good faith to resolve any dispute informally by written notice — to privacy@chartnote.com for Chartnote, and to your account email address for you — and will allow at least thirty (30) days for informal resolution before commencing any proceeding. Any dispute not resolved informally shall be brought exclusively in the state or federal courts located in Yolo County, California, and the parties consent to their jurisdiction. Nothing in this Section prevents either party from seeking injunctive relief to protect its intellectual property or Protected Health Information.

27.Severability; Waiver; Assignment

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. No failure or delay in exercising a right is a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets, subject to the Privacy Policy and applicable law.

28.Entire Agreement; Order of Precedence

These Terms, together with the documents they incorporate (Privacy Policy, BAA, Fair Use & Account Policy) and, for enterprise customers, the Master Order Form and MSA, constitute the entire agreement regarding the Services. In the event of a conflict:

1. the BAA controls with respect to Protected Health Information;
2. the Master Order Form controls over the MSA;
3. the MSA controls over these Terms for customers to which it applies;
4. Section 9 of the MSA governs limitation of liability for all users as stated in Section 23;
5. the Fair Use & Account Policy controls with respect to permitted account usage; and
6. these Terms control over the incorporated policies for all other matters.

29.Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new version number and effective date and, for material changes, provide at least ten (10) days’ advance notice by email and/or prominent notice within the Services before the change becomes effective, consistent with Section 10.10 of the MSA and Section 5.5 of the self-serve BAA. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services and may cancel your subscription.

30.Contact

Support and general inquiries: help@chartnote.com.

Privacy matters and formal legal requests: privacy@chartnote.com.

Security and compliance documentation: trust.chartnote.com.

Chartnote, Inc., 2062 John Jones Rd, Ste 130, Davis, CA 95616.

Version History

Version 3.0 (September 2026): complete restatement. Incorporates the Fair Use & Account Policy (Section 7) and organizes the Agreement with a stated order of precedence (Section 28); adds clinician responsibilities for AI output verification, recording consents, and facility or employer authorization (Section 2); adopts Section 9 of the MSA as the single liability regime (Section 23); adds Investigations (Section 25); harmonizes the ten-day amendment notice (Section 29); designates privacy@chartnote.com for legal and privacy matters; updates the contracting entity to Chartnote, Inc., a Delaware corporation.