Terms of Service

1. Acceptance of Terms

By installing, accessing, or using the Cheryl AI Chrome extension or any associated services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

If you are using Cheryl on behalf of a healthcare organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Cheryl is a Chrome browser extension that provides:

• AI-assisted clinical documentation (SOAP notes, chart summaries)
• Real-time billing code suggestions and optimization
• Compliance checks (ICD-10 validation, NCCI edits, modifier analysis)

The Service works by reading the visible content of your EHR screen in Chrome and processing it through AI (OpenAI GPT-4o) to generate structured clinical and billing outputs.

3. Eligibility

The Service is intended for use by:

• Licensed healthcare providers (physicians, nurses, therapists, chiropractors, acupuncturists, etc.)
• Authorized clinical staff (medical assistants, billing staff) acting under provider supervision
• Healthcare organizations and clinics

You must be at least 18 years old to use the Service.

4. Medical Disclaimer

You acknowledge and agree that:

• You are solely responsible for all clinical decisions, diagnoses, and treatment plans
• You will review and verify all AI-generated content before incorporating it into patient records
• AI-generated billing suggestions are recommendations only — you are responsible for ensuring all submitted claims are accurate and compliant
• Cheryl may produce errors, omissions, or inaccuracies — AI is not infallible
• You will not rely on Cheryl as the sole basis for any clinical or billing decision
• Per California AB 489: Cheryl uses artificial intelligence and does not hold a healthcare license. For clinical questions, consult a licensed healthcare provider directly.

5. Billing Optimization Disclaimer

Cheryl's billing suggestions are based on CMS coding rules, NCCI edits, and MPFS fee schedules. However:

• Billing rules vary by payer, state, and contract. Cheryl's suggestions are based on Medicare/CMS rules and may not reflect your specific payer contracts.
• Revenue recovery estimates are based on industry data (AAFP, AAPC) and are not guarantees of specific financial outcomes.
• You are responsible for compliance with all applicable billing regulations, including anti-fraud statutes (False Claims Act, Anti-Kickback Statute).
• Upcoding — billing for a higher level of service than documented — is illegal. Cheryl helps you code to the level your documentation supports, but you must ensure documentation accuracy.

6. HIPAA and Protected Health Information

6.1 Business Associate Agreement

If you are a HIPAA-covered entity or business associate, your use of Cheryl requires a Business Associate Agreement (BAA). We will provide a BAA upon request. Contact privacy@cherylmd.com to request one.

6.2 Your Obligations

As the healthcare provider, you are responsible for:

• Obtaining any necessary patient consent for AI-assisted documentation, if required by your state or facility
• Ensuring the device and browser you use to access Cheryl meets your organization's security requirements
• Not sharing your Cheryl account credentials with unauthorized individuals
• Complying with your facility's policies regarding Chrome extensions and browser-based tools

6.3 Data Processing

See our Privacy Policy for detailed information on how we handle PHI, our relationship with OpenAI, and technical safeguards.

7. Account and Subscription

7.1 Account

You are responsible for maintaining the security of your account. You must notify us immediately of any unauthorized access.

7.2 Subscription and Payment

• Pricing is as listed on our pricing page at the time of purchase
• Subscriptions are billed monthly unless otherwise stated
• Payment is processed by Stripe. We do not store your credit card information.

7.3 Cancellation and Refunds

• You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.
• We offer a 30-day money-back guarantee for new subscribers. Contact us within 30 days of your first payment for a full refund.
• No refunds are provided after the 30-day period for partial months.

8. Acceptable Use

You agree NOT to:

• Use Cheryl to submit fraudulent billing claims or engage in upcoding
• Use the Service for any purpose that violates HIPAA, state privacy laws, or other applicable regulations
• Reverse-engineer, decompile, or attempt to extract the source code of the extension
• Share, resell, or redistribute the Service without written permission
• Use automated tools to access the Service in a way that exceeds normal usage
• Introduce malicious code or interfere with the operation of the Service

9. Intellectual Property

Our IP: The Cheryl extension, billing rule engine, specialty question pools, UI design, and documentation are owned by Cheryl AI. You are granted a limited, non-exclusive, revocable license to use the Service for your clinical practice.

Your content: You retain ownership of all clinical notes and documentation you create using Cheryl. We claim no ownership over your clinical content.

10. Limitation of Liability

Specifically, Cheryl AI is NOT liable for:

• Clinical outcomes: Any adverse patient outcomes resulting from reliance on AI-generated content
• Billing outcomes: Claim denials, audits, overpayments, or penalties resulting from billing suggestions
• Data accuracy: Errors or inaccuracies in AI-generated SOAP notes, codes, or analysis
• Third-party actions: Actions taken by OpenAI, payers, CMS, or other third parties

Our total liability for any claim arising from the Service shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Cheryl AI, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Claims by patients, payers, or regulatory bodies related to your clinical or billing practices

12. Service Availability

We strive for high availability but do not guarantee uninterrupted service. We may:

• Perform maintenance with reasonable advance notice
• Temporarily suspend service for security or compliance reasons
• Modify or discontinue features with 30 days notice

The Service depends on third-party providers (OpenAI, Chrome Web Store). We are not responsible for outages caused by third parties.

13. Termination

We may suspend or terminate your access if you:

• Violate these Terms
• Use the Service for fraudulent billing
• Fail to pay subscription fees after notice
• Engage in activity that harms other users or the Service

Upon termination, your right to use the Service ceases immediately. Sections 4, 5, 10, 11, and 14 survive termination.

14. Governing Law and Disputes

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

Any dispute arising from these Terms will be resolved through binding arbitration in Toronto, Ontario, except that either party may seek injunctive relief in court for intellectual property or data protection claims.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the extension at least 30 days before they take effect. Continued use of the Service after changes constitutes acceptance.

16. Contact

For questions about these Terms:

Email: info@cherylmd.com
Privacy/HIPAA: privacy@cherylmd.com