Terms of Use

NoteSense is a clinical documentation platform developed and operated by NoteSense Limited (NoteSense, we, us, our). NoteSense provides AI-assisted session recording, clinical note generation, and integration with clinic management software. It is designed for physiotherapists and allied health practitioners including chiropractors, podiatrists, and similar musculoskeletal and physical health professionals.

These Terms of Use (Terms) govern your access to and use of the NoteSense platform, website, and any related services. They apply regardless of whether you are a paying subscriber, a free or trial user, or an individual clinician using NoteSense under a clinic account. If you are registering on behalf of a clinic or practice, you confirm that you have the authority to bind that organisation and all practitioners within it to these Terms.

1.  Accounts and Registration

1.1  Who is bound by these Terms

These Terms apply to all of the following, without exception:

• Clinics and practices that create a NoteSense account, including the person who registers on behalf of the clinic and all clinicians who use the platform under that account
• Individual practitioners who register independently, whether on a paid, free, or trial basis
• Any person who accesses or uses any part of the NoteSense platform, even if they have not personally created an account or paid a subscription fee
• Invited users — clinicians added to a clinic account by an account administrator — who are bound by these Terms from the moment they first access the platform

Where an account is created on behalf of a clinic, the person registering confirms that they are authorised to bind the clinic and all of its practitioners to these Terms. References to “you” in these Terms apply to all of the above.

1.2  Registration information

To create an account you must provide accurate information including your full name, professional status and specialism, clinic or practice name (if applicable), and contact details including email address. You are responsible for keeping this information current and accurate at all times.

1.3  Account security

You are responsible for keeping your login credentials secure and for all activity carried out under your account. Notify us immediately at support@notesense.co.uk if you become aware of any unauthorised access. NoteSense is not liable for losses arising from your failure to maintain credential security.

1.4  Individual accounts

Each clinician must hold their own individual account. Accounts must not be shared. Where a clinic administrator adds clinicians to the account, each clinician receives their own login and is individually bound by these Terms from first use.

2.  The NoteSense Service

2.1  What NoteSense does

NoteSense enables practitioners to audio record clinical sessions, generate structured clinical notes from those recordings using artificial intelligence, and transfer those notes into their clinic management software. Only audio is captured — NoteSense does not record video. It is an administrative and documentation tool only. It is not a clinical decision support system and does not provide clinical, medical, or professional healthcare advice of any kind.

2.2  Duration

These Terms begin on the date you first access or use NoteSense in any capacity and continue until terminated in accordance with these Terms.

2.3  Changes to the platform

We may update, modify, or withdraw features from time to time. Where a change materially affects your use, we will give reasonable advance notice. Continued use after that notice constitutes acceptance of the change.

3.  Fees and Payment

3.1  Subscription fees

Paid access to NoteSense requires a subscription fee in GBP as published on our website or agreed in writing. Fees are payable in advance. VAT will be charged where applicable.

3.2  Free and trial access

Where NoteSense is made available on a free or trial basis, these Terms apply in full. Free or trial access may be withdrawn or converted to a paid subscription at any time on reasonable notice. These Terms bind free and trial users in identical terms to paying subscribers.

3.3  Automatic renewal

Subscriptions renew automatically at the end of each period unless cancelled before renewal via account settings or by emailing support@notesense.co.uk. No refunds are provided for partial periods except as expressly stated.

3.4  Fee changes

We may change fees on reasonable written advance notice. Changes take effect from your next subscription period.

3.5  Non-payment

If a fee is not paid when due, we may suspend or terminate access without further notice.

4.  Data, Privacy and Recording

4.1  Data Controller and Processor

Where you use NoteSense to record patient sessions, you act as the Data Controller for all patient personal data processed. NoteSense acts as your Data Processor. As Data Controller, you are solely responsible for ensuring you hold all necessary lawful bases and patient consents required by UK GDPR, the Data Protection Act 2018, and all applicable professional obligations. You must comply with these obligations at all times regardless of whether you are a paying subscriber or a free or trial user.

4.2  NoteSense’s core data commitment

4.3  Patient consent — your obligation

You must obtain valid, explicit, and informed patient consent before audio recording any session. Patients must be informed clearly that only audio is captured — no video. Consent must be obtained separately for each distinct purpose: (a) clinical note generation, and (b) clinician quality monitoring, where applicable. You must use the NoteSense Model Patient Consent Clause or equivalent language approved by NoteSense in writing. You are responsible for retaining and evidencing consent records.

4.4  Consent mechanisms — required layered approach

Relying on a single consent mechanism is insufficient under UK GDPR and ICO guidance. You must implement all of the following before using NoteSense to record any patient session:

• (a)  Include the NoteSense Model Patient Consent Clause in your patient registration form, with separate tick-boxes for each recording purpose
• (b)  Send patients advance written notice of session recording at the point of booking, referencing both recording purposes
• (c)  Have clinicians provide verbal confirmation at the start of each session and log that confirmation in the session record
• (d)  Display the NoteSense-approved room signage in every room where sessions are recorded
• (e)  Capture and provide patient date of birth to enable platform age-gating controls

These five mechanisms are the minimum required standard. You are responsible for ensuring all are in place before any recording takes place. Your agreement to these Terms constitutes your confirmation that you understand and accept this obligation.

4.5  Age restrictions

NoteSense must not be used to record sessions involving patients under the age of 13 under any circumstances. For patients aged 13 to 17, written parental or guardian consent must be held on file before any recording is initiated. The platform applies automatic age-gating based on date of birth data you supply. You must not attempt to circumvent these controls.

4.6  Third-party processors

NoteSense may use sub-processors including AI and cloud infrastructure providers. Sub-processors handling personal data are subject to appropriate data processing agreements. By using NoteSense you consent to their use, as detailed in our Privacy Policy.

4.7  De-identified data

NoteSense may de-identify information processed through the platform and use that data to improve the platform. De-identified data cannot reasonably be used to re-identify any individual. This use falls outside the scope of UK GDPR.

4.8  Your privacy notice

You must maintain an accurate patient privacy notice that reflects your use of NoteSense as a data processor. We will provide reasonable assistance with appropriate privacy notice language on request.

5.  Clinician Quality Monitoring

5.1  How it works

Where a patient has provided consent to clinician quality monitoring, NoteSense uses speaker diarisation technology to separate the clinician’s voice from the patient’s within the recording. Only the clinician’s audio is used for quality monitoring and professional development. The patient’s voice is excluded entirely from this process. This separation is a technical control, not a policy commitment.

5.2  Consent requirement

Clinician quality monitoring is conditional on separate patient consent obtained in accordance with clause 4.3. A patient who consents to note generation only must not have the monitoring feature activated for their session.

5.3  Monitoring outputs

Monitoring outputs are made available only to authorised account administrators and supervisors. You are responsible for ensuring use of those outputs complies with employment law, professional regulations, and workplace policies.

5.4  Clinician awareness

All clinicians using NoteSense must be informed that their session contributions may be used for quality monitoring and professional development before they first use the platform.

6.  Permitted Use and Prohibited Conduct

6.1  Permitted use

NoteSense grants you a limited, non-exclusive, non-transferable licence to use the platform solely for the purpose of supporting the delivery of clinical services to patients in accordance with these Terms.

6.2  What you must do

• Comply with all applicable laws, professional regulations, and regulatory guidance
• Implement all five consent mechanisms set out in clause 4.4 before recording any patient session
• Provide accurate patient date of birth data to enable age-gating
• Ensure all clinicians are trained in the consent process and verbal confirmation script before using the platform
• Notify us immediately of any security incident, data breach, or platform defect
• Maintain records of patient consents as required by law and your professional regulator
• Review and verify all AI-generated notes before entering them into a patient record

6.3  What you must not do

• Record sessions involving patients under 13 years of age
• Record any session without valid prior patient consent
• Permit any clinician to use the platform without first being trained on the consent process
• Sub-license, transfer, or resell access to NoteSense
• Reverse engineer, decompile, or extract the source code of the platform
• Attempt to circumvent any technical controls including age-gating or data deletion
• Represent NoteSense as a medical device, diagnostic tool, or source of clinical advice
• Supply inaccurate, misleading, or fraudulent data
• Use NoteSense in any way that could cause harm to a patient or damage the reputation of the platform

6.4  Third-party integrations

NoteSense integrates with third-party clinic management software. Your use of those services is subject to their own terms. NoteSense is not responsible for their performance or data handling.

6.5  Records

You must maintain accurate records of your use of NoteSense and all patient consents as required by law and your professional regulatory body.

7.  Clinic Compliance Obligations

7.1  Authority to bind your clinic

Where you register or administer a clinic account, you confirm that you have authority to bind the clinic, its owners, and all practitioners who use NoteSense under that account to these Terms. If you do not have that authority, you must not create or administer a clinic account.

7.2  Mandatory consent infrastructure

Before activating NoteSense for use with patients, you must ensure that all five of the following are in place:

• 1.  Your patient registration or consent form includes the NoteSense Model Patient Consent Clause with separate tick-boxes for each recording purpose
• 2.  Patients receive advance written notice of session recording at or before the point of booking
• 3.  All treating clinicians use the verbal confirmation script at the start of their first recorded session and log confirmation in the session record
• 4.  NoteSense-approved room signage is displayed in every room where sessions are recorded
• 5.  Patient date of birth is captured at registration and provided to the platform to activate age-gating controls

You must confirm that all five mechanisms are in place by completing the NoteSense Clinic Compliance Declaration within your account. You must not use NoteSense to record patient sessions until that declaration has been submitted.

7.3  Clinician training

You must ensure that every clinician using NoteSense under your account has been briefed on: the purpose and scope of session recording; the requirement to obtain and log verbal consent at each session; and the process for handling consent withdrawal or refusal. You must not permit any clinician to record sessions before completing this briefing.

7.4  Minor patients

You must not permit any recording of a patient under the age of 13. For patients aged 13 to 17, written parental or guardian consent must be obtained and held on file before any recording is initiated. You are solely responsible for enforcing these requirements within your practice. Technical age-gating on the platform is a supplementary control, not a substitute for your own compliance obligations.

7.5  Consent withdrawal

You must maintain a documented process for handling consent withdrawal. Where a patient withdraws consent before or during a session, recording must cease immediately. Where a withdrawal relates to a session already processed, you must notify NoteSense promptly at support@notesense.co.uk so that any residual data can be confirmed as deleted.

7.6  Record keeping

You must retain signed patient consent records and make them available to NoteSense, the ICO, or any other competent regulatory authority on request. Records must be kept for the period required by applicable law and professional regulatory guidance.

7.7  Audit rights

NoteSense reserves the right to request evidence of compliance with this clause at any time, including copies of your consent form, sample consent records, confirmation of signage, and evidence of clinician training. You must respond within 14 days of any written request. Failure to provide satisfactory evidence is a material breach of these Terms.

7.8  Compliance declaration

Where required by NoteSense, you must complete and submit the NoteSense Clinic Compliance Declaration confirming that the mechanisms in clause 7.2 are in place. Submission of the declaration is a condition of activating recording functionality for patient sessions. The declaration forms part of these Terms once submitted.

7.9  Consequences of non-compliance

Breach of this clause entitles NoteSense to suspend or terminate your account immediately. You agree to indemnify NoteSense against any loss, claim, regulatory penalty, or expense arising from your failure to comply with this clause. NoteSense is not liable for any regulatory consequence arising from your failure to implement the required consent mechanisms.

8.  Intellectual Property

8.1  NoteSense IP

All intellectual property rights in the NoteSense platform, software, documentation, and content are owned by or licensed to NoteSense Limited. Nothing in these Terms transfers any such rights to you.

8.2  Your content

You retain all rights in the clinical notes and outputs generated through your use of NoteSense. You grant NoteSense a limited licence to process your inputs and outputs solely to the extent necessary to provide the service to you.

8.3  Feedback

If you provide feedback or suggestions, you grant us a non-exclusive, perpetual, royalty-free licence to use that feedback to improve the platform.

9.  Confidential Information

You must keep all NoteSense confidential information strictly confidential and must not disclose it to any third party except: (a) to your staff with a genuine need to know; (b) as required by law; or (c) where the information is publicly available other than through a breach of confidence.

You must notify us promptly of any actual or suspected unauthorised disclosure of confidential information or any security breach relating to the platform or patient data.

10.  Limitations and Disclaimers

10.1  NoteSense is not a clinical tool

10.2  AI limitations

NoteSense uses artificial intelligence and machine learning. These technologies are probabilistic and may in some circumstances produce inaccurate, incomplete, or inappropriate outputs. You are solely responsible for reviewing all AI-generated content before use.

10.3  Availability

NoteSense is provided on an ‘as is’ basis without warranty. We do not guarantee uninterrupted availability and will provide advance notice of planned outages where practicable.

10.4  Adverse events

You must notify NoteSense immediately if you become aware of any incident associated with the platform that has caused or could cause harm to a patient or any other person.

11.  Suspension and Termination

11.1  Termination by you

You may terminate at any time via account settings or by emailing support@notesense.co.uk. Termination takes effect at the end of your current subscription period. No refunds are provided for unused periods.

11.2  Termination or suspension by NoteSense

We may suspend or terminate your access with immediate effect if: (a) you breach these Terms; (b) fees are unpaid; (c) we are required to by law; or (d) continued access poses a risk to patients, other users, or the platform. We may also terminate on notice if we withdraw NoteSense from the market, in which case a pro-rata refund of prepaid fees will be issued.

11.3  Effect of termination

On termination: your licence ceases; all outstanding fees become immediately due; any remaining patient data is deleted in accordance with our data retention policy; and clauses 8, 9, 10, 12, 13, and 15 survive termination.

12.  Indemnity

You agree to indemnify and hold harmless NoteSense Limited, its officers, employees, and contractors from and against any losses, claims, costs, and expenses arising from:

• Any patient or third-party claim arising from your clinical decisions, acts, or omissions
• Your failure to obtain valid patient consent before recording
• Your failure to implement the required consent mechanisms in clause 4.4 or clause 7.2
• Your breach of these Terms, applicable law, or professional obligations
• Any negligent, fraudulent, or unlawful act or omission by you or your staff
• Any regulatory penalty or investigation arising from your data protection non-compliance

13.  Liability

13.1  Exclusion of indirect losses

To the fullest extent permitted by law, NoteSense is not liable for any indirect, consequential, special, or exemplary loss including loss of profit, business, data, or reputation, however caused.

13.2  Liability cap

To the fullest extent permitted by law, NoteSense’s aggregate liability in any twelve-month period is limited to the total subscription fees paid by you during that period. For free or trial users, this cap is £100.

13.3  Exceptions

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

14.  Updates to these Terms

We may update these Terms from time to time. For material changes, we will give at least 30 days’ prior written notice by email or via the platform. Continued use after the notice period constitutes acceptance. If a material change is detrimental to your rights, you may terminate before it takes effect and receive a pro-rata refund of prepaid fees.

15.  Governing Law

These Terms are governed by the law of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.

16.  General

16.1  These Terms constitute the entire agreement between you and NoteSense regarding use of the platform and supersede all prior agreements.

16.2  If any provision is found invalid or unenforceable, the remaining provisions continue in full force.

16.3  Failure to enforce any provision does not constitute a waiver of the right to enforce it subsequently.

16.4  These Terms do not create any partnership, agency, employment, or joint venture relationship between the parties.

16.5  You may not assign or transfer rights or obligations under these Terms without our prior written consent.

16.6  Notices must be sent in writing by email to legal@notesense.co.uk (for NoteSense) or to your registered account email address (for you).

16.7  NoteSense is not liable for failure to perform obligations caused by circumstances beyond its reasonable control.

Schedule 1:  Key Definitions