Terms of Service for Polygon Digital - Providers and Website Visitors

1. Terms of Service

These Terms of Service (“Terms”) form an agreement between you (“you” or “Customer”) and Polygon Digital, Ireland (“Polygon Digital”, “we,” or “us”). These Terms govern your use of Polygon Digital’s platform, including all related websites, web applications, downloadable software and services owned, operated or provided by Polygon Digital, our predecessors or successors in interest, and our affiliates (collectively, the “Platform”). Subject to your usage plan and specific terms, the Platform may allow you but it’s not limited to conduct, transcribe, store, analyze, schedule, and manage sessions (“Sessions”) with your patients or clients (“Clients”); handle transactions; communicate with Clients; store documents and migrate them from other platforms.

By accessing the Platform, you acknowledge and confirm that you have read, understood and agree to be bound by these Terms and any other policies we make available through the Platform, which are hereby incorporated into these Terms by reference. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy and Cookie Policy.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity.

We may modify these Terms at any time and at our sole discretion. If we make material changes that adversely affect your rights, we will notify you in advance before the changes take effect. Your continued use of the Platform after any update constitutes your acceptance of the revised Terms. We invite you to check this page regularly for updates to these Terms.

2. Polygon Digital Account

In order to use our Platform, you have to create a user account. When you create the account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes.

Your user account must specify all the users (“Authorized Users”) who will be provided with their individual profile and access to use the Platform through your account (“Seats”). Every Seat may only be used by a single Authorized User. Neither you, nor any Authorized User within your user account, may share their Seat and/or their Seat information with any other persons. Any breach of this section is considered a material breach of these Terms, and may lead to immediate termination of your account.

Both you and all your Authorized Users must be at least 18 years old or older, or of the age of majority in your local jurisdiction, whichever is higher, and be legally capable of forming a binding contract with us.

You are responsible for any activity, whether or not authorised by you, conducted through your account and/or any of your Seats, including, without limitation, all communications, transmissions, security and login information, and all obligations incurred through such access or use. You are also responsible for ensuring that your Authorized Users comply with these Terms. Please contact us immediately if you believe your account has been compromised.

You must not provide false account registration information or make unauthorised use of anyone else’s information.

We will send you information relating to your account (e.g., changes in password, confirmation messages, notifications) in electronic form only, for example, via emails to your email address provided during registration.

3. License to Use the Platform

Subject to your ongoing compliance with these Terms, Polygon Digital grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to allow you and your Authorized Users to access and use the Platform solely for your internal professional purposes.

Except as expressly permitted by these Terms, you shall not, and shall not permit or encourage Authorized Users or other persons to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Platform;
• Modify, adapt, translate, or create derivative works from the Platform or any of its components;
• Copy, reproduce, distribute, sell, lease, sublicense, or otherwise transfer any portion of the Platform;
• Remove or alter any proprietary notices, trademarks, or other designations displayed on the Platform;
• Use the Platform in violation of any law or regulation, including for the purpose of developing or offering a competing product or service;
• Introduce or transmit any malicious software, code, or harmful materials intended to disrupt or damage the Platform or its users;
• Provide access to the Platform for the benefit of third parties through time-sharing, outsourcing, hosting, or similar arrangements;
• Circumvent, disable, or interfere with any security mechanisms, access restrictions, or technical protections implemented within the Platform.

You may not access or use the Platform within, or for the benefit of businesses or individuals located in, the Russian Federation or any other country or territory subject to trade sanctions, embargoes or similar restrictions imposed by the United States or the European Union.

Any use of the Platform in violation of this section constitutes a material breach of these Terms and may result in immediate suspension or termination of your account and/or legal action.

4. Customer Obligations

You must promptly notify Polygon Digital if you become aware of any unauthorized access to your account, misuse of the Platform, or breach of these Terms.

You and your Authorized Users shall not use the Platform to:

• Engage in any unlawful, fraudulent, abusive, or unethical activity;
• Conduct market research, data scraping, or other competitive intelligence activities relating to the Platform;
• Excluding during the Sessions, upload, post, transmit, or otherwise make available content that (i) infringes the intellectual property, publicity, or privacy rights of any third party; (ii) promotes, advertises, or solicits business for any third-party product, service, or website; (iii) is defamatory, invasive of privacy, harassing, threatening, violent, discriminatory, or constitutes hate speech based on protected characteristics; or (iv) discloses sensitive personal information without consent;
• Impersonate another person or entity, misrepresent your professional affiliation, or otherwise engage in misleading conduct;
• Create, register, or maintain multiple accounts for the purpose of obtaining additional free trials or avoiding payment of applicable fees.

To the extent applicable, you represent and warrant that you are appropriately licensed to provide the services for which the Platform is used in accordance with applicable laws and regulations and that you will not use the Platform if such use does not comply with applicable laws and regulations.

Before using the Platform for the first time for a Session with a Client, Polygon Digital will prompt you to collect necessary consent from your Client. Consent may be collected using the tools provided within the Platform or through another legally compliant method of your choice. Whether you collect the required consent in the Platform or through another method, each Session is recorded by default. After the completion of the Session, by default the Session recording is deleted within 48 hours unless you choose to retain the recording longer. You may change and manage this default behaviour in the settings page of the Platform.

You are solely responsible for and confirm that you have received consent for receiving, using, processing, storing and disclosing of the Client’s personal data through the Platform under these Terms, before you conduct a session via the Platform. For this purpose, your Client has to agree to an appropriate privacy policy. You may either use our templates and notice of privacy practice specific to your region, or you may use your own if it allows you to share the Client’s data with us.

We take no responsibility for the content or accuracy of any information or content generated through the Platform (such as transcripts, summaries, etc.), including any AI-generated content. You remain solely responsible for the professional advice, treatment, or services you provide to your Clients, and for verifying the accuracy and appropriateness of all transcripts, summaries, or other outputs generated by the Platform.

The Platform includes features that allow you to record Sessions for transcription, summaries, and other processing. Some jurisdictions require the consent of all participants to the recording of a Session. You acknowledge and agree that it is your sole responsibility to provide any required notice to, and obtain any necessary consent from, all individuals present in any Session, including the primary Client and any third parties such as family members, guardians, or others who may join or attend the Session.

Before sharing protected health information (PHI) of US residents with us for the first time, you must agree to our Business Associate Agreement.

Violation of these obligations constitutes a material breach of these Terms. Polygon Digital reserves the right to suspend or terminate your account, remove related content, and pursue any remedies available under law or equity in the event of such breach.

5. GDPR Compliance and Data Protection

Applicability: This Section applies to the extent that Polygon Digital processes Personal Data subject to the General Data Protection Regulation (EU) 2016/679 (“GDPR”) or the UK Data Protection Act 2018 on your behalf.

Roles: For the purposes of the GDPR, you are the Data Controller (or Data Processor acting on behalf of a third-party Controller) of the Client Data you upload or process through the Platform. Polygon Digital acts as the Data Processor (or Sub-processor) on your behalf.

Data Processing Agreement (DPA): By using the Platform to process personal data of subjects within the European Economic Area (EEA), Switzerland, or the United Kingdom, you agree to enter into our Data Processing Agreement (DPA), which is incorporated into these Terms by reference. The DPA governs the processing of such data and sets out our respective obligations under Article 28 of the GDPR.

Data Transfers: Polygon Digital stores and processes data primarily within the EEA. If we transfer personal data outside the EEA to a country not deemed to provide an adequate level of protection by the European Commission, such transfers shall be governed by the Standard Contractual Clauses (SCCs) or other appropriate safeguards compliant with Chapter V of the GDPR.

Data Subject Rights: As the Controller, it is your responsibility to respond to requests from data subjects exercising their rights (e.g., access, rectification, erasure, portability). Polygon Digital will provide reasonable assistance to help you fulfill these obligations, insofar as this is possible, through the functionality of the Platform.

Security: Polygon Digital implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including encryption of data in transit and at rest, pseudo-anonymization where appropriate, and the ability to restore availability and access to personal data.

6. Fees

We may offer you limited access to the Platform at no charge for evaluation purposes (the “Free Trial”). The duration of your Free Trial and any applicable limitations will be specified at the time you sign up. The Free Trial is provided solely for you to test the Platform for your own use and may not be used for any commercial, professional, or competitive analysis purposes. We may suspend or terminate the Free Trial at any time in our sole discretion. You may cancel the Free Trial at any time.

Following the Free Trial, you may continue to use the Platform under our no-cost plan with limited functionality (the “Free Plan”). Details of what is included in the Free Plan are described on our Pricing page. We may modify the scope, limitations, or availability of the Free Plan or completely discontinue it at any time without liability to you.

If your account usage exceeds our Free Plan or Free Trial period, you can continue to access the Platform through subscriptions defined on our Pricing page or any other agreed custom subscriptions (“Paid Subscriptions”).

We may offer premium features to some Users which are not offered to other Users at our discretion.

Payment amounts displayed on the Platform do not include taxes. You are responsible for all sales, use, ad valorem and excise taxes, VAT, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental authority on any amount payable by you to us hereunder, other than any taxes imposed on our net income.

7. Proprietary Rights

The Platform, and all content, features, and functionality thereof, including without limitation all information, software, code, interfaces, text, graphics, designs, logos, trademarks, audio, video, and the arrangement thereof, are owned by Polygon Digital, its licensors, or their respective owners, and are protected by intellectual property and proprietary rights laws.

Polygon Digital retains all right, title, and interest in and to the Platform, including all modifications, improvements, customizations, updates, and derivative works thereof, whether or not made at your request or suggestion, and including any intellectual property rights therein.

You retain all right, title, and interest in and to any data, content, or materials you submit to or through the Platform (“Customer Data”), subject to the licenses and rights granted herein. You grant Polygon Digital a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and process Customer Data solely for the purpose of providing and improving the Platform and related services.

You also grant Polygon Digital the right to use aggregated, anonymized, and de-identified data derived from your use of the Platform for analytical, statistical, product development, and service improvement purposes. Such data will not identify you, your Authorized Users, or your Clients individually.

8. Feedback

If you provide us with any ideas, suggestions, proposals, or other feedback regarding the Platform (“Feedback”), you acknowledge and agree that such Feedback is provided voluntarily and without any expectation of compensation or obligation of confidentiality. By submitting Feedback, you grant Polygon Digital a perpetual, irrevocable, worldwide, royalty-free, fully transferable and sublicensable license to use, reproduce, modify, distribute, display, and incorporate such Feedback into the Platform and any related products or services, without restriction or attribution. Polygon Digital shall have no obligation to act on any Feedback received.

9. Term and Termination

These Terms are effective from the date you first access or use the Platform, and shall remain in effect until terminated in accordance with this Section.

You may terminate these Terms by closing your account through the Platform and ceasing all use of the Platform.

We may suspend, disable, or delete your account at any time, with or without notice, for any or no reason, including if we reasonably believe that you have violated any of these Terms. Upon termination, your right to access and use the Platform will immediately cease.

Termination shall not relieve either party of obligations incurred prior to the effective date of termination, and the provisions that by their nature are intended to survive termination (including, but not limited to, proprietary rights, indemnification, limitation of liability, and dispute resolution) shall survive.

10. Data Retention

Upon termination of your account, Polygon Digital will retain your Customer Data for a period of up to thirty (30) days, during which you may request a copy of your data.

After the retention period, Polygon Digital will delete or anonymize your Customer Data in accordance with applicable data protection laws and our data retention policies, unless retention is required by law or regulation.

11. Privacy

We value your privacy and are committed to protecting your personal data. Our Privacy and Cookie Policy describes how we collect, use, share, and protect personal information. By using the Platform, you agree to the terms of our Privacy and Cookie Policy, which is incorporated into these Terms by reference.

12. Indemnification

You agree to indemnify, defend, and hold harmless Polygon Digital, its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your use of, or inability to use, the Platform; (b) your violation of any provision of these Terms; (c) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (d) your Customer Data or any content you submit to the Platform; or (e) any dispute between you and a Client, or between you and any third party, arising from your use of the Platform.

13. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR COMPLETENESS. POLYGON DIGITAL DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Nothing in the Platform constitutes medical advice, diagnosis, prognosis, prediction, or treatment recommendations, and the Platform must not be relied upon as a substitute for professional clinical judgment. The Platform is not a medical device under applicable law, and in particular does not fall within the scope of the EU Medical Devices Regulation (EU) 2017/745 or the U.S. Federal Food, Drug, and Cosmetic Act (FD&C Act). You are solely responsible for validating and reviewing all outputs (including transcripts, summaries, and AI-generated materials) before relying on them in any professional or clinical context.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, THE ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO POLYGON DIGITAL FOR ACCESS TO THE PLATFORM DURING 12 MONTHS IMMEDIATELY PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM, OR (B) $100.

15. Miscellaneous

You may not assign, delegate, or otherwise transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempted assignment without such consent will be null and void. Polygon Digital may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets, provided that such assignment does not materially diminish your rights under these Terms. These Terms will be binding on and inure to the benefit of the parties, their successors, and permitted assigns.

Governing Law and Jurisdiction: These Terms, and any dispute, claim or controversy arising out of or relating to them or to your use of the Platform, shall be governed by and construed in accordance with the laws of Ireland, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. We encourage you to contact us in case of any issues. If a dispute does arise out of these Terms or related to your use of the Platform, and it cannot be resolved through mutual discussions, then it shall be subject to the exclusive jurisdiction of the courts of Ireland, and you consent to the personal jurisdiction of such courts.

EACH PARTY HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

These Terms and any referenced policies form the entire agreement between you and us and supersede all prior written or oral agreements. If any provision of these Terms is held to be unenforceable, such provision will be considered modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these Terms, and all other provisions remain in force. If either party fails to enforce a right provided by these Terms, it does not waive the ability to enforce any rights in the future.

If you have any questions or concerns regarding these Terms or other policies, please contact us at info@polygondigital.co.