Terms of Service (UK Edition)

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (such as a GP surgery, NHS Trust, or private clinic) ("you", "your", or "Licensee") and Be Smart Global, LLC ("we", "us", "our", or "Licensor"), concerning your access to and use of the DocReport software platform and browser companion applications (collectively, the "Service").

By accessing or using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree with all of these Terms, you are prohibited from using the Service and must cease use immediately.

The Service is operated by Be Smart Global, LLC, a Delaware Limited Liability Company (Delaware File No. 10620833), with its registered office at Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, USA.

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Wilmington, Delaware.

To register for and access the Service, you must satisfy the following criteria:

• You must be a licensed medical professional, healthcare practitioner, clinical administrator, or authorized representative of a UK healthcare facility.
• Where applicable, you must maintain active registration with the General Medical Council (GMC), Nursing and Midwifery Council (NMC), Health and Care Professions Council (HCPC), or equivalent UK professional register.
• You must provide accurate, current, and complete registration details. You are solely responsible for maintaining the confidentiality of your credentials and account access.

Critical Disclaimer: DocReport is an ambient clinical transcription and drafting helper utilizing artificial intelligence. The Service is NOT a medical device, is not diagnostic, and does not make clinical decisions.

In accordance with the GMC's Good Medical Practice guidelines regarding recordkeeping:

• Review Obligation: The licensed medical practitioner remains fully and solely responsible for the accuracy, completeness, and clinical appropriateness of all patient records, medical drafts, referral letters, and billing codes generated by the Service.
• Verification Requirement: You must review, edit, and approve all clinical text drafts generated by the Service before copying or importing them into any Electronic Health Record (EHR) database, such as EMIS Web, SystmOne, or Vision.
• Clinical Governance: DocReport shall have no liability whatsoever for diagnostic errors, treatment delays, billing disputes, or omissions in patient charts that result from your failure to verify the generated outputs.

To enforce maximum compliance with the UK GDPR and NHS Information Governance frameworks, DocReport operates under a Zero-Trust data workflow.

When you configure your clinical database, your browser generates a high-entropy local encryption key. This key is stored strictly on your local browser memory (or your local device) and is used to encrypt records before they are uploaded.

Important Risk Disclosure: We do NOT transmit, store, or back up your local encryption keys on our servers. If you lose your encryption keys, clear your browser cache without a backup, or lose access to your local machine, we cannot recover your encrypted clinical files. We are not responsible for any clinical data loss resulting from the misplacement of your local keys.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly for clinical documentation support in your medical practice. You agree NOT to:

• Reverse engineer, decompile, or copy the proprietary algorithms of the Service.
• Circumvent browser client-side PII scrubbing safeguards or attempt to transmit unencrypted patient PII to our backend.
• Use the Service for any fraudulent, unauthorized, or illegal activities.

To the maximum extent permitted by applicable law, in no event shall Be Smart Global, LLC, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, goodwill, or clinical practice interruptions) arising out of or in connection with your use or inability to use the Service.

Our total aggregate liability for all claims arising under these Terms shall not exceed the total subscription fees paid by you to us in the twelve (12) month period preceding the incident giving rise to liability.

These Terms remain in effect until your account is closed or terminated by either party. We reserve the right to suspend or terminate your account immediately in the event of a material breach of these Terms, non-payment of subscription fees, or activities that compromise the integrity or security of the Service.

If you have any questions concerning these Terms, please contact us at: info@be-smart-business.de.