IMPORTANT: BY CLICKING 'I AGREE', CREATING AN ACCOUNT, OR ACCESSING THE PHOENIXSCRIBE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ORGANISATION, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ORGANISATION. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.
1. About PhoenixScribe
PhoenixScribe is a POPIA-compliant AI-powered clinical documentation and longitudinal intelligence platform operated by PhoenixScribe SA Pty Ltd, a South African private company (PhoenixScribe, we, our, us). The platform is designed exclusively for licensed mental health practitioners in South Africa and is not intended for use by patients/clients, or members of the general public.
The platform is built by and operated under agreement with ScribeMine Inc. (USA). All subscriber relationships, data responsibilities, and legal obligations described in these Terms are with PhoenixScribe SA Pty Ltd.
2. Eligibility and Practitioner Attestation
Access to PhoenixScribe is restricted to:
- Licensed mental health practitioners holding a valid, active registration with the Health Professions Council of South Africa (HPCSA) in a relevant clinical category (psychologists, psychiatrists, clinical social workers, registered counsellors, and equivalent credential holders);
- Individuals holding a current, valid HPCSA registration number;
- Individuals or organisations entering into these Terms in their professional capacity, not as consumers.
By creating an account, you attest that you hold a current, valid HPCSA registration, that you are legally authorised to create and maintain clinical documentation in South Africa, and that you will maintain these qualifications for the duration of your subscription. PhoenixScribe reserves the right to verify credentials at signup and periodically during the subscription term, and to suspend or terminate accounts without recourse where credentials cannot be verified.
You are responsible for ensuring that your use of PhoenixScribe complies with all applicable HPCSA professional conduct rules, ethics codes, POPIA requirements, and clinical practice regulations in South Africa.
3. Description of the Service
PhoenixScribe provides AI-assisted clinical documentation tools including session transcription drafts, clinical note generation drafts, longitudinal patient insights, intake assistance, pre-session briefing, and related features (collectively, the Platform). The Platform is offered under a per-seat subscription model with tiered pricing plans as published at www.phoenixscribe.com from time to time.
3.1 AI-Generated Content — Clinical Responsibility
All AI-generated notes, summaries, suggestions, and documentation produced by the Platform are tools to assist your professional practice. They are not substitutes for your independent clinical judgement. You are solely responsible for reviewing, editing, approving, and maintaining all clinical documentation generated or assisted by PhoenixScribe. PhoenixScribe does not provide clinical advice, diagnosis, or treatment recommendations. The clinical responsibility for all documentation remains exclusively with the licensed practitioner.
3.2 Session Guard and Audio Deletion
Session audio is permanently deleted within 5 minutes of successful transcription. No audio is retained, backed up, stored, or used for any purpose beyond transcription. This Session Guard architecture is a core platform design. PhoenixScribe does not retain, transmit, or use audio recordings for AI model training.
3.3 No Emergency Services
PhoenixScribe is not designed, tested, or certified for crisis intervention or emergency services. The Platform must not be used as a substitute for emergency protocols. If a patient is in danger, contact emergency services immediately. PhoenixScribe bears no liability for harm arising from reliance on the Platform during a clinical emergency.
4. Data Protection, Privacy, and POPIA Compliance
PhoenixScribe's complete data and privacy commitments are set out in this Section, which constitutes PhoenixScribe's privacy disclosure for South African subscribers. PhoenixScribe is built in compliance with the Protection of Personal Information Act, 2013 (POPIA), as administered by the South African Information Regulator.
All patient health information processed through the Platform constitutes Special Personal Information under POPIA and is handled accordingly. It is encrypted at rest (AES-256) and in transit (TLS 1.3).
PhoenixScribe processes patient data solely to provide the Platform services described in these Terms. PhoenixScribe does not use patient data to train AI models, does not sell or license patient data, and does not disclose patient data to any third party for commercial purposes.
PhoenixScribe may derive anonymised, non-identifiable aggregate observations from platform-wide activity — such as intervention pattern trends and outcome trajectories across the user base — solely to maintain and improve the clinical quality of the Platform. These observations are not personal information as defined under POPIA, cannot identify any individual patient or practitioner, and are never sold, licensed, or shared with any third party.
All patient data processed through PhoenixScribe is hosted on POPIA-compliant infrastructure.
Upon account termination, patient records are held in encrypted cold storage for 90 days, during which you retain read-only access for data review. After 90 days, all patient data is permanently purged unless a mandatory retention obligation applies.
You remain responsible for all POPIA compliance obligations under your own authority and professional registration. PhoenixScribe provides consent capture and compliance tools to assist you — use of these tools does not transfer your legal obligations to PhoenixScribe. You must not use the Platform to process data for any patient from whom you have not obtained valid consent under POPIA.
4.1 Privacy Disclosure
What we collect. PhoenixScribe collects and processes the following categories of information: patient session audio (deleted within 5 minutes of transcription — see Section 3.2); AI-generated clinical notes and session summaries; longitudinal session metadata and pattern data derived from multiple sessions; patient identifiers as entered by the practitioner; practitioner account and billing information; platform usage and audit data.
Why we collect it. Patient session data is collected and processed solely to provide AI-assisted clinical documentation services to the treating practitioner. Platform usage data is used to operate, secure, and improve the Platform. We collect only what is necessary for these purposes.
Who sees it. Patient session data is accessible only to the treating practitioner. PhoenixScribe infrastructure accesses data only as required to deliver the service. No patient data is shared with, sold to, or accessible by any third party except as compelled by applicable South African law.
Where it is stored. All patient data is stored on POPIA-compliant infrastructure.
How long we keep it. Patient clinical records are retained for a minimum of 6 years from the date of last session contact, in accordance with the National Health Act. Records relating to minor patients are retained until the patient reaches 21 years of age, or 6 years from last contact, whichever is later. Audit logs are retained for a minimum of 6 years, independently of patient record status. When a practitioner account is closed, patient records are held in encrypted cold storage for 90 days before permanent purge, unless an extended retention request has been made in writing prior to purge.
Security. PhoenixScribe uses Session Guard — an encrypted session container architecture with role-based access controls and an immutable audit trail on every data access event. Multi-factor authentication is mandatory for all accounts. All platform access and data events are logged.
Breach notification. In the event of a security breach affecting patient data, PhoenixScribe will notify the South African Information Regulator and affected practitioners as soon as reasonably possible and in accordance with POPIA requirements. Practitioners are responsible for notifying their patients where required by law.
Data subject rights. Under POPIA, patients have the right to request access to, correction of, or deletion of their personal information, subject to mandatory clinical retention obligations under the National Health Act. All data subject requests must be submitted via the treating practitioner. PhoenixScribe does not accept or process data access, correction, or deletion requests directly from patients. The practitioner is the Responsible Party under POPIA and is accountable for verifying and submitting patient requests on their behalf.
Privacy and data queries: enquiries@phoenixscribe.com.
Updates. PhoenixScribe may update this disclosure to reflect changes in law or Platform features. Material changes will be communicated as set out in Section 12. Continued use of the Platform following notice of an update constitutes acceptance.
5. Subscriptions, Billing, and Trials
5.1 Trial Period
New accounts receive a no card trial period with full platform access (Stage 1 Trial). At the end of Stage 1, you may continue with a further with card trial period by providing valid payment details — no charges apply during Stage1 of 2, and you may cancel at any time before Stage 2 ends with no payment obligation (Stage 2 Trial). Subscription billing begins only at the end of the Stage 2 Trial unless you cancel.
5.2 Subscription Terms
Paid subscriptions are offered on a monthly basis at the rates published at www.phoenixscribe.com from time to time and begin on the day of payment. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You authorise PhoenixScribe to charge your payment method on file for applicable fees.
5.3 Cancellation and Refunds
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period — you retain full access until then. PhoenixScribe does not provide pro-rated refunds for partial billing periods.
Under the Electronic Communications and Transactions Act, 2002 (ECT Act), after your first paid subscription month begins, you have the right to cancel within 7 days of that payment. Upon valid cancellation notice, PhoenixScribe will refund all payments made.
5.4 Pricing Changes
PhoenixScribe reserves the right to change subscription pricing with written notice to the email address on your account. Continued use of the Platform after the effective date of a price change constitutes acceptance of the new pricing.
6. Acceptable Use
You agree that you will not:
- Use the Platform for any purpose other than legitimate clinical documentation and practice management;
- Share your account credentials or permit access to the Platform by any person who does not hold a current professional licence with the HPCSA;
- Attempt to reverse-engineer, decompile, or derive source code from the Platform;
- Use the Platform to process data for patients you do not have a legitimate treating relationship with;
- Upload or transmit malicious code, viruses, or any content that could compromise Platform security;
- Use the Platform in any way that violates applicable South African law, including POPIA or applicable HPCSA professional conduct rules;
- Circumvent or disable any security, authentication, or access control feature of the Platform.
PhoenixScribe reserves the right to suspend or terminate accounts without recourse or notice where violations pose a risk to patient safety, data security, or regulatory compliance.
7. Intellectual Property
PhoenixScribe and/or its service provider Scribemine Inc (according to the service provider agreement between them) owns all intellectual property rights in the Platform, including software, algorithms, prompt architectures, models, interfaces, documentation, and branding. These Terms do not transfer any ownership rights in the Platform to you.
You grant PhoenixScribe a limited, non-exclusive licence to process, store, and transmit your data solely to provide the Platform services as described in these Terms.
8. Disclaimers and Limitation of Liability
THE PLATFORM IS PROVIDED AS IS AND AS AVAILABLE. PHOENIXSCRIBE SA (PTY) LTD. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF AI-GENERATED CONTENT, OR UNINTERRUPTED AVAILABILITY.
PHOENIXSCRIBE SA PTY LTD'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. PHOENIXSCRIBE SA (PTY) LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
PhoenixScribe SA Pty Ltd is not liable for any clinical decisions made by you or any harm to patients arising from your use or misuse of AI-generated documentation. You assume sole responsibility for the clinical accuracy of all documentation generated with Platform assistance.
9. Indemnification
You agree to indemnify, defend, and hold harmless PhoenixScribe SA Pty Ltd, its officers, directors, employees, and contractors from and against any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform in violation of these Terms; (b) your violation of any applicable law or professional obligation, including POPIA and HPCSA conduct rules; (c) any clinical decision or action you take or fail to take based on Platform output; or (d) any breach of your representations regarding HPCSA registration or credential status.
10. Term and Termination
These Terms commence when you first access the Platform and continue until your subscription is cancelled or terminated. PhoenixScribe may terminate or suspend your access immediately if you breach these Terms, fail to pay applicable fees, or if continued access poses a regulatory or security risk.
On termination, your right to access the Platform ceases. PhoenixScribe will provide a 30-day data export window following termination (other than for cause) during which you may export your clinical data manually. Provisions of these Terms that by their nature survive termination — including but not limited to intellectual property, disclaimers, indemnification, and governing law — remain in effect.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles. Any dispute arising under these Terms shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), conducted in English in Johannesburg, South Africa. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction within South Africa.
You waive any right to bring a class action or collective proceeding against PhoenixScribe SA Pty Ltd. All claims must be brought in your individual capacity.
12. Changes to These Terms
PhoenixScribe may update these Terms from time to time. Material changes will be communicated by the platform and perhaps also email to the address on your account. Your continued use of the Platform after the effective date of updated Terms constitutes acceptance. If you do not accept updated Terms, you must cancel your subscription before the effective date.
13. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and PhoenixScribe with respect to the Platform and supersede all prior agreements and understandings.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
- Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that right.
- Assignment: You may not assign these Terms without PhoenixScribe's prior written consent. PhoenixScribe may assign these Terms in connection with a merger, acquisition, or sale of substantially all its assets.
- Notices: Legal notices to PhoenixScribe should be directed to enquiries@phoenixscribe.com.
- If any conflict exists between the Platform, the website and various communications, then these terms of service prevail as the authority.
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