Terms of Service

1. About the Service

Journalia provides a subscription-based software service that transcribes conversations and consultations and generates drafts of notes and other documentation. The Service is primarily developed for clinical documentation in the health and care sector, but may also be used for other professional documentation, for example in the municipal and public sector. The Service is a support tool. All output from the Service consists solely of drafts, which must be reviewed, corrected where necessary and verified by a responsible professional user before further use. The Service is not an electronic patient record system (EPR), a decision support system, or an independent basis for diagnosis, treatment, case handling or any other professional decision. Journalia AI Scribe is CE marked as a Class I medical device under Regulation (EU) 2017/745 (MDR). The Service's intended purpose, limitations, warnings and precautions are set out in the applicable Instructions for Use (IFU), available in the application. The Customer and the Customer's users shall familiarise themselves with and follow the IFU when using the Service within its medical intended purpose.

2. Contract documents and order of precedence

The agreement between the Customer and Journalia (the "Agreement") consists of the following documents:

• •The order (the "Order"), for example a confirmation in the registration or payment flow, an order confirmation by email, or a signed order form.
• •These Terms.
• •The applicable Data Processing Agreement.
• •Any specific SLA, support or enterprise terms, where agreed.

In the event of conflict, the documents apply in the order listed above, such that a signed order or an enterprise addendum may derogate from these Terms. In the event of conflict between these Terms and the Data Processing Agreement regarding the processing of personal data, the Data Processing Agreement prevails. The Terms may be made available in Norwegian and English. For customers established in Norway, the Norwegian version applies. In the event of any discrepancy between the Norwegian and English versions, the Norwegian version prevails, unless otherwise expressly agreed in writing.

3. Who may use the Service

The Service is intended for businesses and their authorised users (for example healthcare personnel, case workers and other authorised professionals) who prepare, review or approve documentation as part of their work. The Service is not intended for patients, service recipients, next of kin, laypersons or consumers. By using the Service, you confirm that you are at least 18 years of age, that you have the necessary authority to bind the Customer, and that you will use the Service in accordance with the Terms, applicable law and the Service's intended purpose, cf. the IFU.

4. The Customer's responsibility for drafts and professional content

The Service generates drafts based on audio and text. The Customer and the Customer's users are solely and fully responsible for:

• •reviewing, correcting and verifying all drafts before they are used, stored in a case-handling or patient record system, or relied upon for decisions;
• •exercising professional and clinical judgement, as the Service does not replace professional assessment;
• •ensuring that final documentation meets the requirements of applicable law, including requirements for record-keeping and case handling; and
• •ensuring a valid legal basis for the processing, including providing the necessary information to data subjects.

Journalia is not liable for errors in transcription, for inaccuracies or "hallucinations" in AI-generated text, or for decisions made on the basis of unverified drafts.

5. Acceptable use

The Service shall be used responsibly and in accordance with its intended purpose. The Customer and the Customer's users shall quality-assure drafts, exercise professional judgement, comply with applicable regulations and duties of confidentiality, and ensure adequate access control. It is not permitted to:

• •use the Service alone as a basis for diagnosis, treatment or other professional decisions without verification;
• •circumvent security measures or obtain unauthorised access;
• •use automated tools (scraping/bots) against the Service;
• •reverse engineer or copy the underlying technology or source code;
• •share access with unauthorised third parties; or
• •upload or process content that is unlawful or infringes third-party rights.

6. Account and security

The Customer is responsible for ensuring that registered information is accurate, and for all activity occurring through the Customer's user accounts. The Customer shall protect authentication methods (for example eID), shall not share personal logins, and shall notify Journalia without undue delay upon suspicion of unauthorised access or misuse.

7. Subscription, commitment period and termination

The Service is provided as a subscription. The selected plan, price, commitment period and payment method are set out in the Order, including selections made during registration or at checkout. Unless otherwise stated in the Order, the following applies:

• •Rolling subscriptions without a commitment period run one period at a time and renew automatically until terminated. Termination takes effect from the end of the next period.
• •Subscriptions with a commitment period (for example quarterly or annual) are binding for the agreed period and renew automatically for corresponding periods unless terminated no later than thirty (30) days before expiry.
• •Termination must be made in writing within the applicable deadline, either by email to support or via the function in the application.

Any trial period is set out in the Order.

8. Prices and payment

Prices are set out in the Order and are stated exclusive of value added tax. For card payments, the Customer is charged in advance in accordance with the selected subscription. For invoiced payments, the amount falls due within the stated deadline, and late payment accrues default interest and any recovery costs. Journalia may adjust prices annually in line with Statistics Norway's consumer price index (CPI) without prior notice. Other material price changes will be notified at least thirty (30) days before they take effect. Price changes apply from the next subscription period or renewal, unless the change results from public duties, taxes or statutory costs. Amounts paid are non-refundable, except as required by mandatory law.

9. Microphones

Microphones are not offered in all markets. Where Journalia offers and makes microphone(s) available as part of the subscription, the following applies, as further set out in the Order:

• •Loan: Unless otherwise agreed, the microphone is considered on loan and remains the property of Journalia. Upon expiry of the subscription, the microphone shall be returned.
• •Ownership under annual subscriptions: Under a fully prepaid annual subscription, ownership of one (1) microphone per licence may be transferred to the Customer at the end of the period, as set out in the Order. In the event of early termination or non-payment, the microphone remains the property of Journalia and must be returned or bought out.
• •Return and fees: Where a microphone is to be returned, Journalia will provide a return label, and the microphone must be returned within fourteen (14) days after expiry. Unless otherwise stated in the Order, Journalia may charge a return fee for shipping and handling, and, where equipment is not returned within the deadline, invoice the Customer for the value of the equipment.
• •Rates for Norway: For customers in Norway, the return fee is NOK 99 excl. VAT per unit, and the value of equipment not returned is fixed at NOK 500 excl. VAT per unit, unless otherwise stated in the Order. For other markets, Journalia's price list in force from time to time applies.

10. Right of use

Journalia grants the Customer a limited, non-exclusive and non-transferable right to use the Service for the Customer's internal purposes during the subscription period. The Customer acquires no ownership rights in the Service, the software, algorithms or design. The Customer retains all rights to its own content and data, and Journalia claims no ownership of the documentation content generated on the basis of the Customer's source material.

11. Data processing and privacy

Journalia processes personal data on behalf of the Customer as a data processor. The processing is governed by the applicable Data Processing Agreement, which forms part of the Agreement. Where the Customer uses the Service to process personal data, the Data Processing Agreement applies in addition to these Terms. Audio recordings are not stored permanently. Generated drafts are stored encrypted and are available to the Customer in the Service for the agreed retention period. The Customer is responsible for transferring final documentation to its own systems, for example an electronic patient record (EPR) or case-handling system. Journalia may use subcontractors to deliver the Service, including providers of cloud services, security, payment solutions, transcription and AI functionality. The use of sub-processors is governed by the Data Processing Agreement.

12. Use of data for improvement

The Customer retains all rights to its own data. Journalia may use aggregated and anonymised data, meaning data that cannot be linked to the Customer or to any individual, for statistics, operational security and improvement of the Service. The Customer's data will not be used to train AI models without the Customer's express consent.

13. Confidentiality

The parties shall treat each other's confidential information as confidential and use it only to perform the Agreement. This obligation survives the expiry of the Agreement.

14. Operation, availability and changes

Journalia strives for high availability but does not guarantee uninterrupted operation. Scheduled maintenance may cause downtime. Journalia may from time to time update, change, discontinue or replace individual features of the Service where necessary for security, regulatory, technical or product-related reasons, provided that the core functionality is not materially impaired. Journalia may offer beta, pilot or preview versions of functionality. Such functionality may be incomplete, changed or discontinued, and is provided without any specific warranties, unless otherwise agreed.

15. Suspension and breach

Journalia may suspend or restrict access in the event of non-payment, material breach of the Terms, or a security risk. Journalia shall, to the extent practicable, notify the Customer before suspension. Suspension does not relieve the Customer of its payment obligations during the suspension period. Either party may terminate the Agreement with immediate effect if the other party materially breaches the Agreement and fails to remedy the breach within thirty (30) days after written notice.

16. Liability and limitation of liability

The Service is provided "as is". Journalia is not liable for indirect losses, including loss of business, loss of profit, or losses resulting from the Customer's use of unverified drafts. Journalia's aggregate liability under the Agreement is limited to the amount paid by the Customer for the Service during the twelve (12) months preceding the claim. The limitations of liability do not apply in cases of intent or gross negligence, or to liability that cannot be limited under mandatory law.

17. Force majeure

Journalia is not liable for any failure to perform caused by circumstances beyond Journalia's reasonable control, including power outages, network failures, failures of subcontractors (including cloud and AI providers), or orders from public authorities.

18. Term and expiry

The Agreement remains in force for as long as the Customer has an active subscription, cf. section 7. Provisions which by their nature are intended to survive expiry, including those concerning intellectual property rights, limitation of liability and confidentiality, survive the expiry of the Agreement. Upon expiry, personal data will be deleted or returned in accordance with the Data Processing Agreement.

19. Changes to the Terms

Journalia may amend the Terms. In the event of material changes, the Customer will be notified at least thirty (30) days before the changes take effect, by email or in the Service. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

20. Governing law and disputes

The Terms are governed by Norwegian law. The parties shall seek to resolve disputes amicably. If the parties fail to reach agreement, the Oslo District Court (Oslo tingrett) is the agreed legal venue.

Contact

Journalia AS business reg. no. 933 860 078 Parkveien 12, NO-0350 Oslo, Norway Email: hei@journalia.no