Terms of Use

By clicking "I Agree," I acknowledge I have read and understand the Quench Terms of Use. I certify that I am eligible to use the platform, and that I am eighteen (18) years of age or older or am otherwise legally authorized to enter into and form contracts under applicable law. By accepting these terms and conditions, I acknowledge I intend to be legally bound by these terms.

Quench, Inc. Terms of Use

Last updated: January 2025

BACKGROUND

Quench, Inc., a Delaware Corporation ("Quench", "We", or "Us") has developed the SmartChart software platform (the "Platform") which provides an AI-driven data analysis tool that allows users to organize, index, and create a chronology for medical record data sets. The natural language interface of the Platform allows users to interact intelligently with the Platform to extract precise information or draw initial conclusions. All findings and initial conclusions are linked back to the original medical record to increase transparency and allow the user to verify the data and make independent final conclusions.

TERMS & CONDITIONS

  1. Early Access Program a. Nature of Access. You are being granted early access to the Platform during our initial release period. While there is currently no charge for using the Platform, we may introduce paid subscriptions in the future with advance notice to users. b. Feedback. We value your input during this early access period. You agree to provide reasonable feedback about your experience with the Platform when requested. This feedback helps us improve the Platform and may be used by Quench without restriction or compensation. c. Duration. Your access to the Platform continues until either party terminates this agreement or until we transition to a paid subscription model, at which point you will be notified of new terms.

  2. Software Access a. License Grant. Quench hereby grants to You a limited, non-exclusive, non-transferable right to access and use the Platform in accordance with this agreement. b. Use Restrictions. You may not:

    • Sell, lease, rent, or redistribute the Platform

    • Use the Platform to develop competing products

    • Remove or alter any proprietary notices

    • Access the Platform through automated means

    • Attempt to gain unauthorized access

  3. Account Creation and Eligibility a. Registration Requirements. To use the Platform, you must:

    • Create a username and password

    • Provide accurate registration information

    • Be at least eighteen (18) years old

    • Be legally qualified to enter into contracts

  4. Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

  5. Data Protection and Privacy a. User Data Protection. Quench implements and maintains industry-standard technical and organizational security measures aligned with HIPAA, NIST, and other applicable frameworks to protect User Data against unauthorized access, disclosure, alteration, or destruction. These measures are regularly reviewed and updated to address new security threats and evolving industry standards. b. Data Processing. We process your personal data in accordance with industry standards and applicable data protection laws (including HIPAA, GDPR, and CCPA where applicable) as described in our Privacy Policy [link]. Our data processing practices are designed to ensure:

    • Transparency in our data collection and use

    • Data minimization and purpose limitation

    • Accuracy and data quality

    • Storage limitation and secure deletion

    • Regular privacy impact assessments

    • Vendor risk management for any third-party processors

  6. Security Standards. Quench maintains appropriate privacy and security safeguards compliant with applicable laws.

  7. Protected Health Information and Security a. HIPAA Compliance. Quench maintains robust security controls and safeguards designed to enable HIPAA compliance, including:

    • Comprehensive security management process

    • Workforce security and training programs

    • Access management and authentication controls

    • Transmission security with end-to-end encryption

    • Audit controls and system activity review

  8. PHI Security Measures. We protect all data using enterprise-grade security controls:

    • Encryption of data at rest using AES-256

    • TLS 1.3 encryption for all data in transit

    • Role-based access controls (RBAC)

    • Multi-factor authentication

    • Automated logging and monitoring

    • Regular security assessments

  9. User Authorization. You represent and warrant that:

    • You are legally authorized to submit any data to the Platform

    • You will only access data for permitted purposes

    • You will report any unauthorized disclosures

    • You will maintain appropriate security controls on your systems

  10. Breach Notification. In the event of a security incident:

    • We will notify affected users without unreasonable delay

    • We will assist in incident investigation and mitigation

    • We will provide all legally required notifications

  11. Intellectual Property a. Platform Ownership. Quench owns all rights, title, and interest in the Platform. b. User Content. You retain ownership of any content you upload to the Platform but grant Quench a license to use, store, and process such content to provide the Platform services.

  12. Nature of Services and User Responsibilities a. AI-Powered Analysis. The Platform utilizes artificial intelligence and machine learning technologies to analyze medical records and generate insights. You acknowledge and understand that:

    • The Platform's outputs are generated by AI technology

    • AI technology may produce errors, inconsistencies, or incomplete analysis

    • All Platform outputs require human verification and validation

    • The Platform is designed to augment, not replace, professional judgment

  13. Verification Requirements. As a user of the Platform, you agree to:

    • Independently verify all information, chronologies, and conclusions generated by the Platform

    • Not rely solely on the Platform's outputs for any professional analysis, report, or conclusion

    • Not incorporate any Platform-generated content into reports, analyses, or other documents without first confirming its accuracy

    • Maintain complete responsibility for all conclusions drawn from Platform outputs

  14. Intended Use. The Platform is designed as a tool to assist with medical record analysis by:

    • Helping identify potentially relevant information

    • Suggesting possible patterns or relationships

    • Organizing chronological data

    • Streamlining document review processes However, the Platform is not a substitute for professional cognitive analysis and critical thinking.

  15. Not a Provider of Medical or Legal Services. Quench is not a professional healthcare provider or legal services provider. The Platform provides tools for organizing and analyzing medical records, but:

    • All information is for informational purposes only

    • No output should be considered medical or legal advice

    • Users must apply their own professional judgment

    • The Platform does not diagnose, treat, or recommend medical care

    • The Platform does not provide legal opinions or conclusions

  16. User Acknowledgment. By using the Platform, you explicitly acknowledge that:

    • You understand the AI-driven nature of the Platform

    • You accept responsibility for verifying all outputs

    • You will not represent AI-generated content as independently verified without review

    • You maintain full professional responsibility for any conclusions drawn

  17. Limitation of Liability IN NO EVENT SHALL QUENCH'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $500. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.

  18. Disclaimer of Warranties THE PLATFORM AND ITS AI-GENERATED OUTPUTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. QUENCH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, QUENCH MAKES NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED ANALYSIS, SUGGESTIONS, OR CONCLUSIONS. USERS BEAR SOLE RESPONSIBILITY FOR VERIFYING AND VALIDATING ALL PLATFORM OUTPUTS BEFORE USE OR RELIANCE.

  19. Term and Termination a. Term. This agreement continues until terminated by either party or until we transition to a paid subscription model. b. Termination. Either party may terminate this agreement at any time. Upon termination:

    • All rights granted to you will cease

    • You must stop using the Platform

  20. Governing Law and Dispute Resolution This agreement is governed by Delaware law. Parties agree to negotiate in good faith and seek mediation before pursuing other remedies.

  21. General Provisions a. Assignment. You may not assign this agreement without Quench's consent. b. Modifications. Quench may modify these terms with notice to you. c. Entire Agreement. This agreement constitutes the entire agreement between the parties.