Augmedix Go- Product Schedule
Last Updated: April 15, 2024
1. DEFINITIONS
1.1 “Augmedix Go Mobile App” means the ambient AI Augmedix Application made available through an authorized third-party app store (such as Apple’s App Store) or from such source otherwise authorized by Augmedix, solely in object code format and including all Updates thereto.
1.2 “Content Capture Device(s)” means an iPhone 12 or later (operating on iOS15 or later) or other mobile or wearable device designated by Augmedix as compatible with the Augmedix Go Mobile App.
1.3 “Customer Portal” means the Augmedix-managed web application where Authorized Users may (i) review draft notes and copy and paste such draft notes into the patient’s chart in the Customer EHR, and (ii) as applicable, store templates, macros and smartsets for use by an Authorized User in the Augmedix Go Mobile App.
1.4 “Medical Documentation Specialist” (“MDS” or “MDSs”) means an Augmedix-supplied individual who provides virtual medical documentation support and editing for notes generated using the Augmedix Go Mobile App.
1.5 “Note Upload Assistance” means the note upload assistance add-on Service provided by Augmedix in which an Augmedix-supplied MDS will transfer notes generated within the Augmedix Go Mobile App from the Customer Portal to the Customer EHR, in pending status, for an Authorized User’s review, finalization and approval.
1.6 “Update” means a modification, enhancement, update, upgrade or other change to the Augmedix Go Mobile App or Customer Portal.
2. SUBSCRIPTIONS; ACCOUNT SETUP
2.1 Subscriptions. Unless otherwise provided in the applicable Service Order, (a) the Services and access to the Augmedix Go Mobile App are purchased as Subscriptions for the term stated in the applicable Service Order, (b) Subscriptions for additional Augmedix Go Services or service enhancements may be added during a Subscription Term at the same pricing as the underlying Subscription pricing, prorated for the portion of the Subscription Term remaining at the time the Subscriptions are added or enhanced, and (c) any added subscriptions will terminate on the same date as the underlying Subscriptions.
2.2 Access Credentials. Following the execution of a Service Order, Augmedix will provide Customer with access credentials via email that will allow Authorized Users to log-in to the Augmedix Go Mobile App and Customer Portal. Customer will not provide the access credentials to any third party, and will not, directly or indirectly, permit or allow any unauthorized access to or use of the Augmedix Go Mobile App or Customer Portal.
2.3 Seat Transfers. Authorized User Subscriptions may not be shared or used by more than one individual Authorized User; however, Authorized User Subscriptions may be transferred at no cost to new Authorized Users replacing individuals who will no longer use the Service.
3. AUGMEDIX GO
3.1 License to Augmedix Go. Subject to Customer’s compliance with the terms and conditions contained in the Agreement and this Product Schedule, as well as any restriction on the number of Authorized Users set forth in any Service Order, Augmedix grants to Customer a non-exclusive, non-transferable (except as set forth in Section 12.9 of the Agreement), non-sublicensable, limited right to download and install copies of the Augmedix Go Mobile App and to allow the number of Authorized Users set forth in the applicable Service Order to access and use the Augmedix Go Service in accordance with the Documentation during the applicable Subscription Term. Unless expressly provided otherwise, Augmedix will be responsible for: (i) hosting, operating, maintaining, and supporting the Augmedix Go Mobile App; (ii) providing standard support at no additional charge (and/or specialized support if identified on a Service Order); (iii) making available and implementing upgrades, enhancements, and error corrections to the Augmedix Go Mobile App when such upgrades, enhancements or error corrections are generally made available. Customer and its Authorized Users may access and use Augmedix Go solely for its internal business and shall comply with all Documentation related to the use of the Augmedix Go Services. Customer’s Authorized User shall be responsible for review and approval of all content generated using the Augmedix Go Mobile App and, except as otherwise set forth herein, uploading finalized patient notes into the patient’s chart in the Customer’s Electronic Health Record (“Customer EHR”).
3.2 Note Delivery.
3.2.1. EHR Integration; Customer Portal. Customer acknowledges and understands that the Augmedix Go Mobile App is best used with integration to the Customer EHR, as integration enables certain enhanced features. By executing a Service Order for Augmedix Go Services, Customer acknowledges that Augmedix may require EHR integration to deliver the Services, and in such event, Customer agrees to (i) allow and provide reasonable assistance to Augmedix in connection with setting up the integration of Augmedix Go with the Customer EHR and (ii) execute any authorizations or consents reasonably requested by the Customer’s EHR vendor to enable Augmedix to send, receive, or exchange Customer Data between the Customer EHR and the Augmedix Go Mobile App or other necessary third party system(s). In the event integration is not possible or practicable, Customer may still use Augmedix Go by utilizing the Customer Portal to copy-and-paste notes generated in the Augmedix Go Mobile App to the Customer EHR. Customer understands, however, that in such case, certain enhanced features for Augmedix Go may not be available.
3.2.2. Note Upload Assistance. If EHR integration is not established, Customer and its Authorized Users may opt to use Note Upload Assistance for an additional monthly fee. To facilitate Note Upload Assistance, Customer shall, as appropriate, and at no cost to Augmedix, provide Augmedix and its affiliates with appropriate access and related credentials for use of the Customer EHR as soon as reasonably practicable. Augmedix cannot commence Note Upload Assistance services until appropriate Customer EHR credentials are provided by Customer.
3.3. Authorized User Preferences. Authorized Users may provide templates, macros and smartsets to Augmedix for upload to the Customer Portal.
3.4. Use of the Documentation. Subject to the terms and conditions of this Agreement, Augmedix grants to Customer a limited, worldwide, non-exclusive, non-transferable (except as permitted in Section 12.9 of the Agreement) right during the Subscription Term of the applicable Service Order to reproduce, without modification, and internally use a reasonable number of copies of the Documentation solely in connection with use of the Augmedix Go Mobile App and Customer Portal.
3.5. Updates. Augmedix may provide Customer with Updates to the Augmedix Go Mobile App and Customer Portal from time to time during the term of the Agreement. Augmedix will make individual Updates available to Customer at the same time as they are generally made available to Augmedix’s other customers. Customer shall be responsible for monitoring and ensuring the download of all Updates for the Augmedix Go Mobile App.
3.6. Compliance with Laws; Patient Consent. Customer will use the Augmedix Go Mobile App and Customer Portal in compliance with all applicable laws and regulations. Customer understands and acknowledges that use of the Augmedix Go Mobile App involves the utilization of audio recording to capture and generate a transcript of the patient-provider interaction. To the extent required under applicable law, Customer shall be responsible for obtaining any patient consent necessary for the use of the Augmedix Go Mobile App.
3.7. Application Updates; Protection Against Unauthorized Use. Customer shall ensure the Augmedix Go Mobile App is operating with the most recent Update(s) prior to use of Augmedix Go. Customer will be responsible for Authorized User’s use of the Augmedix Go Mobile App and Customer Portal and the secure maintenance of log-in credentials for its accounts. Customer will use reasonable efforts to prevent any unauthorized use of the Augmedix Go Mobile App and Customer Portal and immediately notify Augmedix in writing of any unauthorized use that comes to Customer’s attention. Customer will cooperate and assist with any actions taken by Augmedix to investigate and prevent or terminate unauthorized use of the Augmedix Go Mobile App or Customer Portal.
3.8. Customer Systems; IT, Telecommunications and Internet Services. Customer is solely responsible for ensuring that its IT systems meet the requirements of the Augmedix Go Mobile App. Customer acknowledges and agrees that Customer’s and its Authorized Users’ use of Augmedix Go is dependent upon access to telecommunications and/or internet services meeting certain minimal site connectivity requirements. Customer shall be solely responsible for acquiring and maintaining all telecommunications, internet services, and other hardware and software required to access and use Augmedix Go, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. Augmedix shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and internet services.
3.9. Technical Support. Augmedix will provide technical support to Customer by telephone and email in response to requests for assistance. Any requirements and processes for escalation and reporting will be mutually agreed upon between the parties.
4. AUGMEDIX GO ASSIST
4.1 Augmedix Go Assist Service Enhancement. Customer may, on an Authorized User-by-Authorized User basis, upgrade its Augmedix Go Subscription to Augmedix Go Assist for an additional monthly fee. With Augmedix Go Assist, Augmedix will supply an MDS who will review the recording of the patient encounter and edit content generated in the Augmedix Go Mobile App using Augmedix’s Notebuilder Platform to ensure accuracy and completeness of the medical documentation. Authorized Users shall remain ultimately responsible for the content of any medical documentation edited by an MDS on an Authorized User’s behalf.
4.1.1. Clinic Schedule. To facilitate Augmedix Go Assist, Authorized Users must ensure their clinic schedule is communicated to Augmedix at least seven (7) days in advance of the applicable clinic day. The clinic schedule will be used by Augmedix to staff MDSs for Augmedix Go Assist. If Customer does not notify Augmedix seven (7) days in advance of clinic, Augmedix cannot guarantee MDS availability.
5. HARDWARE
5.1. Hardware Selection. Subject to the applicable terms set forth below, Customer and its Authorized Users may choose to use, on an Authorized User-by-Authorized User basis, (a) Customer-owned and managed Content Capture Devices or, (b) for an additional monthly charge, as set forth in the applicable Service Order, Augmedix-supplied Content Capture Devices.
5.2. Customer-Owned and Managed Content Capture Device. Customer shall be responsible for the configuration and security of any Customer-owned and managed Content Capture Devices on which the Augmedix Go Mobile App is installed. Customer shall implement reasonable security controls, including but not limited to, a passcode to access the Content Capture Device. Augmedix shall not be responsible for the security of Customer-owned and managed Content Capture Devices; Customer accepts sole and exclusive risk and liability with respect to the security of its Content Capture Devices.
5.3. Augmedix-Supplied Content Capture Devices. This section only applies where Augmedix has agreed to provide an Augmedix-supplied Content Capture Device in connection with an Authorized User’s Subscription. Augmedix-supplied Content Capture Devices and other hardware or materials are owned (or Leased) by Augmedix. Augmedix shall be responsible for ensuring the availability and functionality of Augmedix-supplied Content Capture Devices as necessary to provide the Services pursuant to a Service Order. Subject to Customer’s compliance with this Section 5.3, the acquisition, installation, configuration, and maintenance of the Content Capture Devices, including installation of all updates and other upgrades to the Augmedix Go Mobile App, will be solely the responsibility of Augmedix.
5.3.1. Customer Responsibilities. Customer shall ensure that Authorized Users: (a) maintain Augmedix-supplied Content Capture Devices in good repair, condition and working order; and (b) use the Augmedix-supplied Content Capture Devices in accordance with the applicable user manual(s) and guidelines provided from time to time by Augmedix. Upon receipt of Augmedix-supplied Content Capture Devices, Customer shall bear the entire risk of loss, damage, theft, or destruction of the Content Capture Devices or any part thereof, from any and every cause whatsoever, which shall occur prior to the return of the Augmedix-supplied Content Capture Device(s) to Augmedix, excluding reasonable wear and tear.
5.3.2. Maintenance. In the event any Augmedix-supplied Content Capture Device breaks or functions incorrectly, due to no fault of Customer, Augmedix shall use commercially reasonable efforts to repair or replace such device as soon as reasonably practicable.
5.3.3. Prohibitions Related to Augmedix-Supplied Content Capture Devices. Customer shall not: (a) sublease any of the Content Capture Devices; (b) create or incur, or permit to exist, any lien or encumbrance with respect to any of the Content Capture Devices; (c) load any software other than the Augmedix Go Mobile App provided by Augmedix onto any Content Capture Device; or (d) disable any protective safeguards.
5.3.4. Return. Upon the termination or expiration of the applicable Subscription Term or Agreement, Customer will disconnect, package and return the Content Capture Devices to Augmedix in the same condition as when delivered to Customer, ordinary wear and tear excepted. To the extent that any Augmedix-supplied Content Capture Device is damaged or not returned for any reason, Augmedix may invoice Customer its reasonable costs for repair or replacement of such Content Capture Device, and Customer shall promptly pay such costs within thirty (30) days of receiving such invoice.
6. DATA
6.1 Collection of Usage Data. In accordance with Section 3.3 of the Agreement, Customer agrees and acknowledges that the Augmedix Go Mobile App automatically logs all user activity conducted on the Augmedix Go Mobile App (i.e., “Usage Data”), and Augmedix owns all right, title and interest in and to such Usage Data. Augmedix will not publicly disclose any Usage Data in a manner that would be reasonably likely to identify Customer as being the source of such Usage Data.