Terms of Service

1. Acceptance of Terms

By accessing or using the Mediyn platform, including any associated websites, applications, APIs, and services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you are agreeing to these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not access or use the Service. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of those revisions.

These Terms should be read in conjunction with our Privacy Policy and Business Associate Agreement, which are incorporated herein by reference.

2. Description of Service

Mediyn is an AI-powered clinical documentation and practice management platform designed exclusively for licensed mental health professionals. The Service includes, but is not limited to:

• AI Clinical Documentation — Automated generation of progress notes, treatment plans, intake assessments, and discharge summaries from therapy session recordings using patent-pending on-device PHI redaction technology.
• Worksheet Generation — AI-powered creation of therapeutic worksheets, psychoeducation materials, and between-session assignments tailored to individual patient needs.
• Clinical Assessments — Standardized assessment administration, scoring, and tracking with longitudinal outcome measurement.
• Practice Management — Scheduling, appointment management, calendar integrations, and automated patient reminders.
• Billing & Insurance — Claims submission, payment processing, superbill generation, and insurance verification tools.
• Patient Portal — Secure patient-facing portal for intake forms, document sharing, appointment scheduling, and secure messaging.

The Service is provided as a software-as-a-service (SaaS) platform accessible via web browsers and supported mobile applications. Mediyn is a technology tool that assists clinicians with documentation and administrative tasks. It does not provide medical advice, diagnoses, or treatment recommendations. Clinicians retain full professional responsibility for all clinical decisions and documentation.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age;
• Be a licensed mental health professional (including but not limited to licensed psychologists, licensed clinical social workers, licensed professional counselors, licensed marriage and family therapists, and psychiatrists) or an authorized staff member operating under the supervision of a licensed professional;
• Hold a valid, unrestricted professional license in the jurisdiction where you practice (or be operating under a valid supervisory arrangement);
• Be located in the United States, as the Service is designed to comply with US healthcare regulations, including HIPAA.

By registering for an account, you represent and warrant that you meet all of the foregoing eligibility requirements. Mediyn reserves the right to verify your professional credentials and to suspend or terminate accounts that do not meet these requirements.

4. Account Registration

To access the Service, you must create an account by providing accurate, current, and complete registration information. You agree to:

• Provide truthful and accurate information during registration, including your legal name, professional license number, email address, and practice information;
• Maintain and promptly update your account information to keep it accurate and current;
• Maintain only one account per individual (multiple user accounts under a single practice or clinic are permitted through multi-seat plans);
• Keep your login credentials confidential and secure, including using a strong, unique password and enabling multi-factor authentication (MFA);
• Notify Mediyn immediately at security@mediyn.com if you suspect any unauthorized access to or use of your account;
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

Mediyn reserves the right to suspend or terminate any account that is found to contain inaccurate registration information or that is being used in violation of these Terms.

5. HIPAA and Business Associate Agreement

Mediyn understands the critical importance of protecting Protected Health Information (PHI) in the mental health context. The following provisions govern the HIPAA-related obligations of both parties:

5.1 Mediyn as Business Associate

To the extent that Mediyn creates, receives, maintains, or transmits PHI on behalf of a Covered Entity (as defined under HIPAA), Mediyn acts as a Business Associate. Mediyn will comply with the applicable requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, and their implementing regulations (collectively, “HIPAA Rules”).

5.2 Business Associate Agreement

A Business Associate Agreement (BAA) is required for all customers who use the Service to create, store, or transmit PHI. The BAA is included with every Mediyn subscription plan at no additional cost. The BAA is available for review at /baa and is automatically executed upon account activation. If you require a custom BAA, please contact us at legal@mediyn.com.

5.3 Customer Responsibilities as Covered Entity

As a Covered Entity, you are responsible for:

• Obtaining all necessary patient authorizations and consents required by applicable law before recording therapy sessions or entering patient data into the Service;
• Ensuring that your use of the Service complies with your own Notice of Privacy Practices;
• Notifying Mediyn of any restrictions on the use or disclosure of PHI that you have agreed to with your patients;
• Providing your patients with appropriate notice regarding the use of AI-assisted documentation tools in their care;
• Reviewing and approving all AI-generated clinical documentation before finalizing it in the patient record.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. Specifically, you agree to:

• Use the Service solely for legitimate clinical documentation, practice management, and patient care activities;
• Comply with all applicable federal, state, and local laws and regulations, including but not limited to HIPAA, state mental health confidentiality laws, mandatory reporting requirements, and professional licensing regulations;
• Obtain proper informed consent from patients before recording therapy sessions, in compliance with applicable state and federal recording consent laws (including two-party consent states);
• Refrain from reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any aspect of the Service;
• Not use the Service for any form of unauthorized surveillance, monitoring, or recording of individuals without their knowledge and consent;
• Not exceed any rate limits, usage quotas, or other technical limitations imposed by the Service or your subscription plan;
• Not use automated scripts, bots, or other programmatic means to access the Service, except through officially provided APIs and within documented rate limits;
• Not sublicense, resell, or redistribute access to the Service without prior written authorization from Mediyn.

7. Prohibited Conduct

You may not engage in any of the following prohibited conduct:

• Violating any applicable federal, state, local, or international law or regulation, including HIPAA, state privacy laws, and professional ethics codes;
• Attempting to gain unauthorized access to any portion of the Service, other users' accounts, or any systems or networks connected to the Service;
• Transmitting any malware, viruses, worms, trojan horses, ransomware, or other malicious code through the Service;
• Impersonating any person or entity, or falsely representing your professional credentials, licensure status, or affiliation with any person or entity;
• Interfering with or disrupting the integrity, performance, or availability of the Service, including through denial-of-service attacks, excessive API calls, or exploitation of vulnerabilities;
• Using the Service for non-clinical purposes, including but not limited to personal recording, non-therapeutic research without IRB approval, or any use unrelated to the provision of mental health services;
• Sharing your account credentials with any other individual, or allowing multiple individuals to access the Service through a single user account;
• Attempting to circumvent any security features, access controls, or usage limitations of the Service;
• Using the Service to store or transmit any content that is unlawful, defamatory, or otherwise objectionable, other than clinical content created in the ordinary course of providing mental health services.

8. Intellectual Property

8.1 Mediyn's Intellectual Property

The Service, including all software, algorithms, user interfaces, designs, text, graphics, logos, icons, and documentation, is the exclusive property of Mediyn and its licensors. The Service is protected by United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

Mediyn's patent-pending on-device PHI redaction technology, de-identification engine, and AI clinical documentation methodology are proprietary technologies owned by Mediyn. All rights not expressly granted in these Terms are reserved by Mediyn.

The Mediyn name, logo, and all related product and service names, design marks, and slogans are trademarks of Mediyn. You may not use these marks without the prior written permission of Mediyn.

8.2 License to Use the Service

Subject to your compliance with these Terms, Mediyn grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term, solely for your internal clinical and practice management purposes.

9. Customer Data Ownership

9.1 Your Data, Your Rights

You retain all right, title, and interest in and to your clinical data, patient records, session recordings, generated documentation, and all other content that you create, upload, or transmit through the Service (“Customer Data”). Mediyn does not claim any ownership rights in your Customer Data.

9.2 License to Mediyn

You grant Mediyn a limited, non-exclusive license to use, process, store, and transmit your Customer Data solely for the purpose of providing and improving the Service. This license is subject to the terms of the BAA and all applicable HIPAA requirements.

9.3 De-Identified Data

Mediyn may use de-identified data (data that has been stripped of all identifiers as defined by the HIPAA Safe Harbor method, 45 CFR § 164.514(b)) to improve the Service's AI models, algorithms, and overall functionality. De-identified data is not considered PHI and is not subject to the BAA. Mediyn will never attempt to re-identify de-identified data or use it in a manner that could reasonably be expected to identify any individual.

9.4 Data Portability

You may export your Customer Data at any time through the Service's built-in export functionality. Upon request, Mediyn will provide your data in a standard, machine-readable format.

10. Payment Terms

10.1 Subscription Plans

The Service is offered on a subscription basis with monthly and annual billing options. Current pricing information is available on our Pricing page. All fees are quoted and payable in US dollars.

10.2 Auto-Renewal

Your subscription will automatically renew at the end of each billing period (monthly or annually) unless you cancel your subscription before the renewal date. You may cancel auto-renewal at any time through your account settings.

10.3 Price Changes

Mediyn reserves the right to modify subscription pricing. We will provide at least thirty (30) days' advance written notice of any price increase, sent to the email address associated with your account. Price changes will take effect at the start of your next billing period following the notice period. If you do not agree with a price change, you may cancel your subscription before the new pricing takes effect.

10.4 Taxes

Subscription fees are exclusive of all applicable taxes, levies, and duties. You are responsible for paying all such taxes associated with your use of the Service, excluding taxes based on Mediyn's net income.

10.5 Late Payments

If payment is not received by the due date, Mediyn may: (a) charge interest on past due amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less; (b) suspend your access to the Service until all outstanding balances are paid; and (c) pursue collection of unpaid amounts through reasonable means. You will be responsible for all costs of collection, including reasonable attorneys' fees.

10.6 Refund Policy

Annual subscriptions: If you cancel an annual subscription, you may be eligible for a pro-rated refund of the unused portion of your subscription term, calculated from the date of cancellation to the end of the annual billing period. Refund requests must be submitted within thirty (30) days of cancellation.

Monthly subscriptions: Monthly subscriptions are non-refundable. Upon cancellation, you will retain access to the Service through the end of your current billing period, but no refund will be issued for the remaining days in that period.

11. Free Trial

Mediyn offers a fourteen (14) day free trial with full access to all features of the Service. To activate a free trial, you must provide a valid credit card or other accepted payment method.

At the end of the trial period, your subscription will automatically convert to a paid subscription at the plan and pricing selected during registration, and your payment method will be charged accordingly. You may cancel your subscription at any time during the trial period without being charged. If you cancel before the trial expires, you will retain access to the Service for the remainder of the trial period.

Free trials are limited to one per individual and one per practice. Mediyn reserves the right to modify or discontinue the free trial offer at any time without notice.

12. Service Availability

12.1 Uptime Commitment

Mediyn targets 99.9% uptime for the Service, measured on a monthly basis, excluding scheduled maintenance windows. While we strive to maintain continuous availability, we do not guarantee uninterrupted access to the Service.

12.2 Scheduled Maintenance

Mediyn will provide at least forty-eight (48) hours' advance notice of scheduled maintenance that may affect Service availability. Scheduled maintenance will be performed during off-peak hours whenever possible (typically between 2:00 AM and 6:00 AM Eastern Time).

12.3 Force Majeure

Mediyn shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, cyberattacks, internet service provider failures, power outages, or labor disputes.

12.4 Service Level Credits

If the Service fails to meet the 99.9% uptime target in any given calendar month, eligible customers may request service credits in accordance with Mediyn's Service Level Agreement (SLA). Service credits are the sole and exclusive remedy for downtime. Details of the SLA are available upon request by contacting support@mediyn.com.

13. Limitation of Liability

13.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIYN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO MEDIYN DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.2 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEDIYN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF MEDIYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.3 Exceptions

The limitations set forth in Sections 13.1 and 13.2 shall not apply to: (a) either party's willful misconduct or gross negligence; (b) Mediyn's breach of its obligations under the BAA or HIPAA Rules with respect to PHI; (c) Mediyn's indemnification obligations under Section 14.2; or (d) any liability that cannot be limited or excluded under applicable law.

13.4 Clinical Responsibility Disclaimer

Mediyn is a documentation and practice management tool. It does not provide medical advice, clinical diagnoses, or treatment recommendations. You acknowledge that you are solely responsible for all clinical decisions, the accuracy of your clinical documentation, and the quality of care provided to your patients. Mediyn shall have no liability for clinical outcomes or decisions made using AI-generated documentation.

14. Indemnification

14.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless Mediyn, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Customer Data or any content you submit through the Service; (c) your violation of these Terms; (d) your violation of any applicable law, regulation, or professional ethical standard; (e) your failure to obtain required patient consents or authorizations; or (f) any claim by a third party related to your clinical practice or professional conduct.

14.2 Mediyn Indemnification

Mediyn agrees to indemnify, defend, and hold harmless you from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of any third-party claim that your authorized use of the Service infringes any United States patent, copyright, or trademark of such third party. This obligation shall not apply if the alleged infringement arises from: (a) modification of the Service by anyone other than Mediyn; (b) use of the Service in combination with any non-Mediyn product or service; or (c) use of the Service in violation of these Terms.

15. Termination

15.1 Termination by Either Party

Either party may terminate these Terms at any time by providing thirty (30) days' written notice to the other party. You may terminate your account through your account settings or by contacting support@mediyn.com.

15.2 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party: (a) commits a material breach of these Terms and fails to cure such breach within fifteen (15) days after receiving written notice thereof; (b) becomes insolvent, files for bankruptcy, or has a receiver appointed for a substantial part of its assets; or (c) engages in conduct that poses a security risk to the Service or other users.

Mediyn may immediately suspend or terminate your account without prior notice if: (a) your use of the Service poses an imminent security risk; (b) your account is being used for illegal activity; or (c) continued provision of the Service to you would violate applicable law.

15.3 Data Export and Deletion

Upon termination, you will have ninety (90) days to export your Customer Data through the Service's export functionality or by contacting support@mediyn.com. Following the 90-day data retrieval period, Mediyn will delete your Customer Data in accordance with HIPAA requirements and our data retention policies. Certain data may be retained as required by law, regulatory requirements, or the terms of the BAA.

15.4 Effect of Termination

Upon termination: (a) your license to use the Service will immediately cease; (b) you must discontinue all use of the Service; (c) any outstanding payment obligations will become immediately due; and (d) provisions of these Terms that by their nature should survive termination (including Sections 8, 9, 13, 14, 16, and 18–20) shall survive.

16. Dispute Resolution

16.1 Good Faith Negotiation

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”), the parties agree to first attempt to resolve the Dispute through good faith negotiation. The aggrieved party shall provide written notice of the Dispute to the other party, including a description of the Dispute, the relief sought, and a proposed resolution. The parties shall endeavor to resolve the Dispute within thirty (30) days of such notice.

16.2 Binding Arbitration

If the Dispute is not resolved through good faith negotiation within thirty (30) days, the Dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms. The arbitration shall be conducted by a single arbitrator with experience in technology and healthcare law. The arbitration shall take place in Wilmington, Delaware, or at another location mutually agreed upon by the parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit, class arbitration, or any other proceeding where a party acts in a representative capacity. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

16.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes that fall within the jurisdictional limits of such court.

16.5 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions. To the extent that litigation is permitted under these Terms, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.

17. Modifications to Terms

Mediyn reserves the right to modify these Terms at any time. For material changes, we will provide at least thirty (30) days' advance notice by sending an email to the address associated with your account and by posting a notice on the Service. Non-material changes (such as typographical corrections or clarifications that do not affect your rights or obligations) may be made without prior notice.

Your continued use of the Service after the effective date of any modified Terms constitutes your acceptance of those modifications. If you do not agree with any modification, you have the right to terminate your account before the modified Terms take effect. Your sole remedy for disagreement with any modification to these Terms is to discontinue use of the Service and terminate your account in accordance with Section 15.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties to the greatest extent possible.

19. Entire Agreement

These Terms, together with the Business Associate Agreement, the Privacy Policy, and any other agreements or policies expressly incorporated herein by reference, constitute the entire agreement between you and Mediyn with respect to the subject matter hereof. These Terms supersede all prior or contemporaneous oral or written communications, proposals, representations, warranties, and agreements between the parties regarding the Service.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Mediyn's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

• Email: legal@mediyn.com
• General Support: support@mediyn.com
• Security Concerns: security@mediyn.com
• Mail: Mediyn, Inc., 1209 Orange Street, Wilmington, DE 19801

For questions about our privacy practices, please see our Privacy Policy. For questions about security and HIPAA compliance, please visit our Security page or contact us directly.