Terms of Service

1. About these Terms

These Terms of Service ("Terms") govern your access to and use of Pablo Health, LLC's clinical documentation platform ("Pablo," "we," "us") at app.pablo.health and any associated mobile, desktop, or background services. By creating an account, accepting the Business Associate Agreement, or otherwise using Pablo, you agree to these Terms.

Three documents together form your agreement with us:

• These Terms of Service — the commercial relationship: eligibility, AI-generated content, payment, acceptable use, intellectual property, liability, and disputes.
• Business Associate Agreement (BAA) — HIPAA-specific obligations governing protected health information (PHI), executed between Pablo and your practice through the application's BAA acceptance flow. The BAA controls if it conflicts with these Terms on any matter touching PHI.
• Privacy Policy — operational description of how Pablo collects, stores, and processes data.

If a term in these Terms conflicts with the BAA on any matter related to PHI, the BAA controls. If a term conflicts with the Privacy Policy on operational data handling, the Privacy Policy controls. For everything else (commercial relationship, intellectual property, billing), these Terms control.

2. Who can use Pablo

You may use Pablo only if all of the following are true:

• You are a licensed mental-health clinician in good standing in at least one US jurisdiction, or you are an authorized administrator of a practice that employs such clinicians.
• You are at least 18 years old.
• You have authority to bind your practice to the BAA and these Terms.
• You and your practice are based in the United States. Pablo does not support EU, UK, or Canadian deployments (BAA §10.9).

If you are a patient whose information is recorded by your therapist, you do not have a Pablo account — direct any access, correction, or deletion request to your therapist; we will assist your therapist in fulfilling it.

3. Your account

• Keep your sign-in credentials confidential. Don't share them, even within your practice. Each clinician must have their own account.
• Multi-factor authentication is required by default. Don't disable it.
• The professional information you provide at signup (legal name, license number, license state, practice address) must be accurate, complete, and current. We use it to populate the executed BAA and to satisfy HIPAA §164.504(e).
• Tell us promptly at security@pablo.health if you believe your account has been accessed without authorization.
• You're responsible for everything that happens under your account.

4. The service

Pablo provides software to assist licensed clinicians with:

• Recording and transcribing therapy sessions (live or uploaded)
• Drafting clinical documentation (SOAP, narrative, DAP, BIRP, GIRP, intake assessments, treatment plans) using large language models
• Navigating an EHR-style record system
• Practicing clinical conversations with an AI patient simulator (Practice Mode)
• Storing and retrieving patient records, sessions, transcripts, notes, and audio
• Exporting your data and your audit log at any time

What Pablo is not. Pablo is not a medical device, is not FDA-cleared, and is not a substitute for your clinical judgment. Pablo does not provide diagnoses, treatment plans, or clinical decisions. Every note Pablo drafts is a starting point you must read, edit, and finalize using your professional training. You are the licensed professional; the AI is your scribe.

5. AI-generated content

Pablo uses large language models (Google Gemini and Anthropic Claude, both via Google Cloud Vertex AI) to draft clinical content from session transcripts. By using Pablo, you agree that:

• You will not rely on AI-generated content without review. If Pablo's draft says something inaccurate, you fix it before it becomes part of the patient's record.
• Pablo is not responsible for clinical outcomes. Decisions you make and actions you take using Pablo are yours; we are the documentation tool, not the clinician.
• You will use AI features lawfully and ethically — including disclosing recording and AI processing to your patients to the extent your professional ethics, state law, and your patient's consent require.

Pablo does not use your patient data — including transcripts, audio, notes, or any PHI — to train, retrain, fine-tune, or improve any AI model. AI inference runs through Google Cloud Vertex AI under Google Cloud's HIPAA Business Associate Agreement and Cloud Data Processing Addendum, both of which contractually prohibit the use of customer content for model training. We do not call OpenAI, Anthropic's first-party API, or Google's public AI Studio API from production. See Privacy Policy §9 for the operational detail.

6. Patient data and HIPAA

Patient data you enter into Pablo is governed by the Business Associate Agreement between your practice and Pablo. The BAA — not these Terms — controls use, disclosure, retention, and destruction of PHI. In particular:

• Patient data is your practice's. Pablo holds it as Business Associate, not as owner.
• We never sell, rent, or commercialize patient data.
• Deletion follows the three-stage model in BAA §7 (soft-delete, day-30 hard purge of all clinical content including audio, year-7 audit-log + identity-tombstone expiry).
• Subprocessors that may receive PHI are listed in BAA §5.2.

If you have not yet accepted a BAA with us, you must do so before storing any patient data. The signup flow at pablo.health requires BAA acceptance before tenant provisioning completes.

7. Subscriptions, fees, and refunds

• Pablo is a paid service. Pricing is published at pablo.health and may change with at least thirty (30) days' notice to active subscribers; existing committed periods (e.g., a current annual term) are honored at the previously agreed price.
• Billing is handled by Stripe. We do not store card numbers; Stripe does, under its own terms.
• Subscriptions auto-renew until you cancel them. Cancel any time in your account settings; cancellation takes effect at the end of your current billing period.
• We don't issue refunds for partial billing periods except where required by law. If you cancel mid-period, you keep access through the period end.
• Failed payments suspend new feature access; existing data remains read-and-export-only until payment resumes or your tenant offboards under BAA §6.3.

8. Acceptable use

You agree not to:

• Use Pablo for anything other than clinical documentation by licensed clinicians for their patients.
• Record a session without the disclosure your professional ethics, state law, and your patient's consent require. Pablo provides the recording tool; you are responsible for lawful and ethical use.
• Reverse-engineer, decompile, or disassemble the platform, except where applicable law expressly permits despite this prohibition.
• Scrape, crawl, or extract data through means other than the documented API, export, and audit-log endpoints.
• Resell, sublicense, or share your access with anyone outside your practice.
• Use Pablo to transmit malware, spam, or unlawful content.
• Probe Pablo's security without our written authorization. Coordinated disclosure to security@pablo.health is welcome and won't be treated as a Terms violation.
• Misrepresent your identity, credentials, or authority on the platform.
• Attempt to extract model weights, system prompts, or training data through prompt-injection or other means.

We may suspend or terminate your access for violations of this Section.

9. Your content; our content

Your content

"Your Content" means anything your practice or your account creates, uploads, or generates on Pablo: patient records, session audio, transcripts, edited notes, exported archives, calendar integrations, and uploaded compliance documents. Your practice owns Your Content.

You grant Pablo a limited, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely as needed to provide the service to you and to comply with applicable law. This license ends when Your Content is destroyed under the BAA's three-stage deletion model or at the end of the offboarding grace period.

Our content

Pablo's software, brand, design, documentation, and the model-orchestration patterns that make Pablo work are owned by Pablo Health, LLC. We grant you a limited, revocable, non-transferable license to use the platform during your active subscription. You don't get any rights beyond what these Terms expressly grant.

10. Beta and preview features

We sometimes label features as "beta," "preview," or similar. Beta features may change, break, or disappear without notice and may have looser SLAs than the rest of the platform. Use them at your own risk. Where a feature is identified as beta inside the application, you agree that its production-quality guarantees are explicitly waived for that feature.

11. Third-party services

Pablo integrates with third-party services where you opt into them — Google Calendar, AssemblyAI, Stripe, ElevenLabs, and others listed in the Privacy Policy. Your use of those services is also subject to their own terms. We do not control their availability or data practices outside the contractual safeguards described in the BAA and Privacy Policy.

12. Termination

By you

You may terminate your subscription at any time through your account settings. Practice-level offboarding triggers the BAA §6.3 sixty-day grace period and data-destruction sequence.

By us

We may suspend or terminate your access if:

• You materially breach these Terms or the BAA and don't cure within thirty (30) days of written notice;
• You don't pay fees that are due;
• We reasonably believe you are committing fraud, abuse, or unlawful activity on the platform; or
• We are required to do so by law or court order.

Effect of termination

Your data is destroyed under BAA §6.3 (sixty-day grace period, tenant-wide export, schema destruction at end of grace, audit-log + identity-tombstone retention to year seven). Sections of these Terms that should survive termination by their nature (Sections 5, 6, 9, 13, 14, 15, 17, 18) survive.

13. Mutual confidentiality

Beyond HIPAA-protected information governed by the BAA, each party may receive non-public business information from the other in the course of using or operating Pablo. Each party agrees to use the other's confidential information only to perform its obligations under these Terms, the BAA, and the Privacy Policy, and to protect it with reasonable care for three (3) years from the date of disclosure. This Section does not apply to information that is publicly available, independently developed without reference to the other party's confidential information, or required to be disclosed by law (with notice to the other party where lawful).

14. Disclaimers

We don't warrant that the AI's output is clinically accurate. We don't warrant that the platform will be free of bugs or downtime. We don't warrant that any particular feature will continue to be offered. We do warrant the security and privacy commitments expressly made in the BAA and Privacy Policy.

15. Limitation of liability

(a) Cap on direct damages. Except for either party's indemnification obligations and except as set out in the BAA's own liability provisions, the total aggregate liability of Pablo arising out of or related to these Terms and your use of the service shall not exceed the total fees you paid to Pablo during the twelve (12) months immediately preceding the event giving rise to the claim. The BAA's separate liability provisions in §9 govern HIPAA-related claims.

(b) Excluded damages. Neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages — including lost profits, lost revenue, or business interruption — arising from these Terms, even if advised of the possibility of such damages.

(c) Exceptions. The above limits do not apply to either party's indemnification obligations, to liability arising from gross negligence or willful misconduct, or to regulatory fines imposed directly on a party by a governmental authority for that party's own violations of HIPAA or the HITECH Act.

16. Indemnification

You shall defend, indemnify, and hold harmless Pablo and its officers, directors, employees, and agents from and against any claim, loss, liability, cost, or expense (including reasonable attorneys' fees) arising from:

• Your use of Pablo in violation of these Terms, the BAA, or applicable law;
• Your unauthorized disclosure of patient data outside Pablo;
• Any claim that Your Content (excluding the AI's output, which is governed by §5) infringes a third party's rights;
• Your acts or omissions as a licensed clinician, including clinical decisions made or not made.

Pablo's indemnification obligations to your practice are set out in BAA §9.3.

17. Changes to these Terms

We may update these Terms from time to time, including to reflect changes in applicable law, regulatory guidance, or our services. When a material change is made, we will notify the BAA signatory at your practice via email and publish the updated Terms on the platform. Continued use of Pablo after the effective date of an update constitutes acceptance. If you do not accept a material change, your remedy is to terminate by canceling your subscription; the BAA §6.3 offboarding flow then applies.

Non-material changes (typo fixes, restructure, clarifications that don't change substance) take effect when published.

18. Governing law and disputes

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules, except to the extent preempted by federal law (including HIPAA and the HITECH Act).

Any dispute, claim, or controversy arising out of or related to these Terms shall be resolved as follows:

• (a) Informal resolution. The parties shall first attempt to resolve any dispute by providing written notice describing the dispute and engaging in good-faith negotiations for thirty (30) calendar days.
• (b) Mediation. If the dispute is not resolved through informal negotiation, either party may initiate non-binding mediation administered by a mutually agreed-upon mediator in Fulton County, Georgia. Costs are shared equally.
• (c) Litigation. If mediation is unsuccessful or declined, either party may pursue litigation in the state or federal courts located in Fulton County, Georgia. Each party consents to the exclusive jurisdiction and venue of such courts.

In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.

19. General

• Entire agreement. These Terms, together with the BAA and the Privacy Policy, constitute the entire agreement between you and Pablo regarding your use of the service. They supersede prior agreements on the same subject matter.
• Severability. If any provision is held unenforceable, the rest remains in effect.
• No waiver. A failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all of our assets, on notice to you.
• Force majeure. Neither party is liable for failure or delay caused by events beyond reasonable control (acts of God, war, terrorism, natural disaster, government action, internet outage). Each party will mitigate the impact in good faith.
• No third-party beneficiaries other than the parties and their successors and permitted assigns.
• Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Pablo.

20. Contact

• Subscription, billing, technical support: support@pablo.health
• Privacy questions: privacy@pablo.health
• Security disclosures: security@pablo.health
• Legal: legal@pablo.health
• Mail: Pablo Health, LLC, 8735 Dunwoody Place, Ste R, Atlanta, GA 30350