Terms of Service
1. Purpose
1.1 These Terms govern your use of MEDIPENCIL, a voice recording-based
clinical documentation support service (the “Service”) provided by Huniverse
Global Co., Ltd. (“we”, “us”, the “Provider”), through medipencil.com (the
“Website”). The Service is built on the Dr.Pencil solution developed by KaiLab
Co., Ltd. (the “Developer”) and licensed to us.
1.2 These Terms apply to users located outside the Republic of Korea.
Users in the Republic of Korea are subject to separate terms published for that
market.
1.3 The Service is intended for qualified healthcare professionals and
healthcare organizations in the course of their professional activity. It is
not intended for patients or for the
general public.
1.4 Where you register on behalf of a practice, clinic, hospital or
other organisation, you confirm that you have authority to bind it, and that
organisation is the Customer under these Terms. The Customer is responsible for
its Users’ use of the Service and for their compliance with these Terms. Where
you register for your own use, you are the Customer.
1.5 Where we have entered into a separate signed written agreement
with a Customer for the Service, that agreement prevails over these Terms to
the extent of any conflict. In all
other respects these Terms continue to
apply.
1.6 Where mandatory law in your country gives you rights greater than
those set out here, those rights apply in addition and nothing in these Terms
limits them.
2. Provider Details
Huniverse Global Co., Ltd.
9F, 25 Wangsan-ro, Dongdaemun-gu, Seoul, Republic of Korea
contact@medipencil.com
3. Definitions
For the purposes of these Terms, the terms set out below have the
following meanings:
Customer:
individual or organisation that enters into these Terms, as determined under
clause 1.4.
User: individual
holding login credentials to the Service, whether the Customer or a person
authorized by the Customer.
Voice Data: audio
recorded by a User through the Service.
Converted Text: text
produced from Voice Data by the Service.
Patient Data: personal
data relating to a patient that is processed through the Service.
Subscription: recurring
paid plan for the Service.
Subscription Period: billing cycle selected by the Customer, at the end of which the
Subscription renews unless cancelled.
Fees: amounts
payable under the Customer’s plan, including subscription and usage fees.
4. Account and Eligibility
4.1 You must complete our registration process, provide accurate
information and keep it up to date. You must be a qualified healthcare
professional, or authorized by a healthcare organisation to use the Service on
its behalf.
4.2 Accounts are personal to each User. You must not transfer, lend or
share an account, you must keep credentials confidential, and you must maintain
control of the devices used to access the Service.
4.3 Where the Customer is an organisation, it must remove a User’s
access promptly when that person no longer requires it.
4.4 Notify us immediately if you become aware of unauthorized use of
an account. You are responsible for losses arising from a failure to keep
credentials secure, except where the loss is attributable to us.
4.5 You are responsible for having a suitable device and internet
connection to use the Service.
5. The Service
5.1 The Service converts voice recordings into text to support the
preparation of clinical documentation, and includes application downloads,
security updates and technical support.
5.2 We provide support during business hours at
contact@medipencil.com. We maintain and update the Service so that it remains
functional and secure. Where planned maintenance will materially interrupt the
Service, we will give advance notice where reasonably possible.
5.3 We may modify the Service for technical or operational reasons.
Where a modification materially and negatively affects your use of the Service,
we will give at least 30 days’ notice, and you may terminate and receive a
refund under clause 9.3.
5.4 The core technology is developed and maintained by the Developer
under a partnership agreement with us. Functions may change or be discontinued
as a result of the Developer’s technical circumstances, and we will give
advance notice where this occurs.
5.5 We do not generate, store or manage medical records or electronic
health records. The Service produces draft text which you review and transfer
to your own record system.
5.6 The scope, functions and language support of the Service may
differ by country, and the Service may not be available in every country.
6. Changes to These Terms
6.1 We may amend these Terms where necessary to reflect changes in the
Service, in applicable law, or in our operations. We will give at least 30
days’ notice by email and on the Website, setting out the changes and the date
they take effect.
6.2 If you do not accept an amendment, you may terminate before it
takes effect and we will refund Fees for the unused portion of the current
Subscription Period. Continuing to use
the Service after the effective date
constitutes acceptance.
7. Payment and Billing
7.1 We offer free and paid plans. Features, limits and pricing may
vary by country and may change in accordance with clause 7.6.
7.2 You are charged the applicable subscription or usage fees when you
subscribe to a paid plan, exceed the limits of a free plan, or use paid
features. Fees, the billing cycle and payment methods are displayed before you
complete your purchase, and you are charged only after you have confirmed them.
Subscription fees are billed in advance for each
Subscription Period. Invoices
and statements are provided electronically.
7.3 Fees include applicable taxes unless otherwise stated. Where tax
is not included, you are responsible for any tax due in your country.
7.4 Payment is made by credit or debit card, or by another method we
make available. You authorize us to charge the payment method on file for Fees
as they fall due, including on
automatic renewal, and you must keep your
payment details current. Currency conversion is handled by your payment
provider, and we are not responsible for conversion rates or
fees applied by
your bank or card issuer.
7.5 Subscriptions renew automatically at the end of each Subscription
Period unless cancelled. We will notify you of the renewal date and the amount
payable at least 7 days before each renewal. You may cancel renewal at any time
under clause 9.1.
7.6 We will not increase Fees, or convert a free feature into a paid
one, without giving at least 30 days’ notice and obtaining your express
consent. If you do not consent, your
existing terms continue or your
Subscription ends at the end of the current Subscription Period.
7.7 Unpaid Fees may result in suspension or termination under clause
16. We may charge interest on overdue amounts at the rate provided by
applicable law.
8. Free Trials
8.1 We may offer a free trial. Where we do, we will tell you before
you sign up how long it lasts, whether it converts to a paid Subscription, what
you will be charged on conversion, and how to cancel.
8.2 Where a trial converts automatically to a paid Subscription, we
will notify you of the conversion date and the amount payable before the first
charge is taken. You may cancel at any time during the trial, and no Fees will
be charged.
9. Cancellation and Refunds
9.1 You may cancel at any time through your account settings or by
emailing contact@medipencil.com. Cancellation stops future renewals and takes
effect at the end
of the current Subscription Period, and you retain access
until then. Fees already paid for that period are not refunded unless clause
9.2 or 9.3 applies, or unless
applicable law requires otherwise.
9.2 Where mandatory consumer law in your country gives you a right to
withdraw shortly after purchase, that right applies. In the European Union, the
EEA and the
United Kingdom this period is 14 days from the conclusion of the
contract, or from the date of the first payment where a free trial converts to
a paid Subscription. To
withdraw, email contact@medipencil.com. If you asked us
to start the Service during that period, you pay a proportionate amount for
what was supplied and we refund the balance to your original payment method
within 14 days. This right applies once, at the start of the contract, and does
not arise again on renewal.
9.3 Where the Service becomes unavailable for reasons attributable to
us, where we discontinue the Service, or where you terminate under clause 5.3
or 6.2, we
refund the Fees for the unused portion in full.
9.4 Except as set out in this clause 9 or as required by applicable
law, Fees are non-refundable.
9.5 You may close your account at any time through your account
settings or by contacting us. Closing an account will not be made more
difficult than opening one.
10. Intellectual Property
10.1 All intellectual property rights in the underlying solution
(Dr.Pencil) belong to the Developer, KaiLab Co., Ltd.
10.2 “MEDIPENCIL” is a service name created and used by us. Rights in
that name and in the associated domains belong to Huniverse Global Co., Ltd.
10.3 We hold, or are licensed, all intellectual property rights
necessary to provide the Service. Your use of the Service in accordance with
these Terms will not infringe the rights of any third party.
10.4 We grant you a non-exclusive, non-transferable, revocable license
to use the Service for your professional purposes for the duration of your
Subscription,
limited to the number of Users in your plan.
10.5 You must not reproduce, modify, distribute, reverse engineer,
decompile or disassemble any part of the Service, extract its source code, use
automated
means to access it, or introduce any code intended to disrupt it,
except to the extent such restriction is prohibited by applicable law.
10.6 The Website and the application display the notice “All
technology and intellectual property belong to KaiLab Co., Ltd.” in accordance
with our license with
the Developer.
11. Voice Data and Converted Text
11.1 You retain all rights in Voice Data and Converted Text. We
acquire no rights in them and may use them only to provide the Service to you.
Access within
our organisation is limited to personnel who need it to perform
their duties.
11.2 Voice Data recorded through the Service is transmitted to our
systems and to those of the Developer, KaiLab Co., Ltd., for conversion into
text. Voice Data is deleted on completion of the conversion and is in no event
retained for longer than four hours. Processing takes place in the Republic of
Korea.
11.3 Converted Text is made available for you to review, edit and
transfer to your own record system, and is then deleted from the Service.
11.4 We will not disclose Voice Data or Converted Text to third
parties beyond what is necessary to provide the Service, use it to train
general-purpose artificial intelligence models or large language models, or use
it for any analysis or commercial purpose unrelated to the Service.
11.5 You are responsible for retaining, in your own systems, any
records you are required to preserve under the medical records legislation
applicable to you. We do not provide a record retention service.
12. Data Protection
12.1 The Customer is the controller of Patient Data processed through
the Service, and we act as processor on the Customer’s documented instructions.
The
Customer is responsible for establishing a lawful basis for that
processing, for informing patients, and for handling their requests. We act as
controller of
account and billing data, as described in our Privacy Policy.
12.2 We process Patient Data only to convert Voice Data into Converted
Text, on the Customer's instructions and for as long as the Customer uses the
Service. We keep it confidential, secure it under clause 14, delete it under
clause 11, notify the Customer without undue delay of any breach, assist the
Customer with
patient requests, and use the Developer as sub-processor.
12.3 Both parties will comply with applicable data protection law.
Where we have signed a separate data processing agreement with a Customer, that
agreement prevails over this clause 12.
13. Confidentiality
13.1 Neither party will disclose to any third party information about
the other party’s business that is confidential, or that would reasonably be
regarded as a
business or professional secret, except to the extent necessary
to provide or use the Service.
13.2 This obligation does not apply to information that is publicly
known, that a party can show it knew independently, or that a party is required
by law to
disclose.
13.3 Each party is responsible for ensuring that its employees,
contractors and subcontractors observe this clause. We will inform you promptly
if we become
aware of a breach of confidentiality by anyone for whom we are
responsible.
13.4 This clause survives termination of these Terms.
14. Security
14.1 We implement appropriate technical and organizational measures to
protect the Service and the data processed through it against unauthorized
access, loss,
alteration and disclosure.
15. Acceptable Use
15.1 You must not provide false or misleading information, use the
Service unlawfully, infringe the rights of others, share access credentials,
redistribute or
resell the Service, use it outside your own professional
practice, or use information obtained through the Service for commercial
purposes without our consent.
15.2 You must not use the Service to generate medical diagnoses,
treatment recommendations or clinical advice.
15.3 You must comply with the medical, professional and data
protection laws applicable to you, including any national rules on recording
consultations and on the confidentiality of patient information. Requirements
differ between countries and it is your responsibility to establish what
applies to you.
16. Suspension and Termination
16.1 We may restrict or suspend the Service where you breach these
Terms, where maintenance is required, where the Developer discontinues the
solution or a
technical failure occurs, where provision is restricted by law in
your country, where we need to protect you, us or our partners from fraudulent
activity, or where Fees
remain unpaid after we have asked you to pay and
allowed a reasonable period to do so.
16.2 We may terminate these Terms and close your account on written
notice where you materially breach these Terms and do not remedy the breach
within 30 days of being asked to do so, or immediately where the breach cannot
be remedied or where you use the Service unlawfully or fraudulently.
16.3 We will give notice before suspending the Service, or immediately
afterwards where the matter is urgent. Suspension or termination does not
extinguish Fees
already accrued.
16.4 If we discontinue the Service permanently, we will give at least
30 days’ notice and refund Fees under clause 9.3. You should transfer any
material you need to
your own systems before the discontinuation date.
16.5 Clauses 10, 11, 12, 13, 18 and 19 survive termination.
17. Medical Disclaimer
17.1 The Service is an administrative documentation aid. It does not
constitute medical advice, diagnosis or treatment recommendations; it is not a
substitute for
professional clinical judgement; and it is not intended to
diagnose, treat, prevent or monitor disease. It is not a medical device.
17.2 You retain sole and final responsibility for all clinical
decisions and for the accuracy of your clinical documentation. Output generated
using artificial intelligence
may contain errors, omissions or fabricated
content.
17.3 You must review, correct and verify all output before
incorporating it into a clinical record or relying on it for any clinical
purpose, exercising your independent
professional judgement.
18. Liability
18.1 Nothing in these Terms limits our liability for death or personal
injury caused by our negligence, for fraud, or for anything else that cannot be
limited under the law applicable to you.
18.2 Subject to clause 18.1, we are not liable for loss of profit,
loss of business, loss of goodwill, loss or corruption of data, or any indirect
or consequential loss.
18.3 Subject to clause 18.1, our total liability arising out of or in connection with these Terms is limited to the Fees you paid in the twelve months before the event giving rise to the claim. For consumers, this limit applies only to the extent permitted by the law of your country.
18.4 We are not liable for any loss arising from your use of output
produced by the Service where you have not reviewed and verified it in
accordance with clause 17.3.
19. Governing Law and Disputes
19.1 These Terms are governed by the laws of the Republic of Korea.
19.2 If you have a complaint, contact us at contact@medipencil.com. We
will acknowledge it and aim to resolve it promptly. Disputes will first be
addressed by
discussion between the parties.
19.3 If a dispute cannot be resolved by agreement, it shall be finally
settled by arbitration administered by the Korean Commercial Arbitration Board
under its
International Arbitration Rules. The seat of the arbitration shall be
Seoul, and the language of the proceedings shall be English.
19.4 Clause 19.1 does not deprive a Customer who is a consumer of the
protection of mandatory provisions of the law of the country in which they are
habitually
resident. Such a Customer may bring proceedings in the courts of
that country, and we may bring proceedings against such a Customer only in
those courts.
20. General
20.1 If any provision of these Terms is found to be invalid or
unenforceable, the remaining provisions continue in full force.
20.2 Neither
party is liable for a failure to perform its obligations where that failure is
caused by an event beyond its reasonable control, including government action,
changes in law, industrial action, fire, flood, natural disaster, failure of
telecommunications or internet infrastructure, or loss or destruction of data
of significant
importance. The affected party will notify the other without
undue delay.
20.3 These Terms
take effect on September 14 2026, and replace any previous version.