Omi Scribe EULA

Omi Scribe End User License Agreement (EULA)

Version 1.0 — Effective: 1 October 2025

Application Provider: Omi Health B.V., registered in the Netherlands (KVK: 69497680), registered office: Eindhoven, Netherlands.

If you obtained Omi Scribe from the Mac App Store: Apple’s Standard Licensed Application EULA applies; these terms are additional terms by Omi Health B.V. and govern where they do not conflict.

1. Acceptance

By downloading or using Omi Scribe (the “Software”), you agree to this EULA. If you do not agree, do not install or use the Software.

2. License

We grant you a limited, non‑exclusive, non‑transferable, revocable license to install and use the Software on macOS devices you own or control for clinical note‑taking and summarization in lawful workflows. The Software is licensed, not sold.

You must not (except where mandatory law permits, e.g., for interoperability):

a) copy, modify, adapt, translate, reverse‑engineer, decompile, or disassemble the Software;

b) remove or circumvent technical protections;

c) extract, access, or reuse embedded models, prompts, adapters, or similar assets outside the Software;

d) use the Software to train, benchmark, or develop any model, dataset, or product that competes with an Omi product;

e) resell, sublicense, rent, or provide the Software as a service to third parties.

Security/asset‑integrity notice: If you discover that adapters, models, or Software assets have been compromised, leaked, extracted from the app bundle, or distributed without authorization, you must immediately notify Omi Health at [email protected].

3. No Medical Device / Professional Responsibility

Omi Scribe is an AI‑assisted summarization tool using large language models. It is not a medical device and is not intended for diagnosis, prevention, monitoring, prediction, prognosis, treatment, medical decision‑making, or any other regulated medical use.

AI model limitations. You acknowledge that AI models may:

• produce inaccurate or incomplete information (“hallucinations”);

• misinterpret medical terminology or context;

• generate plausible‑sounding but incorrect content;

• omit or miss critical clinical details.

Your obligations. You are solely responsible for:

• reviewing all AI‑generated content before any clinical use;

• verifying accuracy against source audio/transcripts and the clinical record;

• ensuring compliance with applicable medical standards, policies, and guidelines;

• making all final clinical decisions independently using professional judgment;

• correcting any errors, omissions, or fabrications in generated content.

Medical liability disclaimer. To the maximum extent permitted by law, Omi Health B.V. disclaims liability for medical malpractice, misdiagnosis, patient harm, or other clinical consequences arising from reliance on AI‑generated content.

4. Privacy & Security; Apple Integrations; Export Responsibility

On‑device processing. The Software processes audio and text on your device. By default, Omi Health B.V. does not receive your content or transcripts. See the Omi Scribe Privacy Policy for details (omi.health/legal/omi-scribe-privacy).

Encryption. Audio files and session data are encrypted at rest using AES‑256‑GCM. Encryption keys are stored in the macOS Keychain (device‑bound). On first launch, legacy unencrypted files (if any) are migrated to encrypted storage. During playback, temporary decryption occurs in a secure temporary directory and files are auto‑deleted after playback stops.

Apple integrations. The Software uses Apple Foundation Models and the BackgroundAssets framework. On first launch and during updates, the Software downloads clinical AI model files (approximately 30–60 MB) from Apple servers; Apple may log download requests under its privacy policy. Biometric authentication (Touch ID/Face ID) is performed by Apple’s Secure Enclave; Omi Health B.V. does not receive biometric data. No PHI or clinical content is transmitted to Apple.

Export responsibility. When you copy, export, or share content (e.g., clipboard, file export, or screen sharing), you are solely responsible for:

• securing PHI and other sensitive data outside the Software;

• compliance with HIPAA, GDPR, and other applicable privacy and security laws;

• preventing unauthorized access to exported content.

Omi Health B.V. cannot control or secure data once it leaves the Software.

5. HIPAA (US Customers)

This EULA does not constitute a Business Associate Agreement (BAA) under HIPAA. The Software processes data on‑device, and Omi Health B.V. does not create, receive, maintain, or transmit Protected Health Information (PHI) on your behalf.

If you are a HIPAA Covered Entity, you remain solely responsible for:

• determining whether a BAA is required for your use case;

• ensuring your use complies with the HIPAA Privacy and Security Rules;

• implementing appropriate administrative, physical, and technical safeguards;

• securing exported data outside the Software.

Contact [email protected] if you require a BAA for potential future cloud features.

6. Ownership

Omi Health B.V. retains all rights in the Software, including adapters, models, prompts, algorithms, UI, and related IP. You own the recordings, transcripts, and notes you create with the Software.

7. Third‑Party Components

Third‑party notices and licenses (if any) are provided in the app under Licenses. These components remain the property of their respective owners.

8. Updates

We may provide updates or patches that may add, modify, or remove features. Some updates may be required for security or compatibility.

9. Warranty Disclaimer; Limitation of Liability

The Software is provided “as‑is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, non‑infringement, and accuracy.

To the maximum extent permitted by law, we exclude liability for indirect, incidental, consequential, special, exemplary, or punitive damages, and for loss of profits, revenue, goodwill, or data. Our total liability arising out of or relating to this EULA shall not exceed €100 or the amount you paid for the Software in the 12 months before the claim, whichever is greater. Nothing in this EULA limits non‑waivable consumer rights under applicable law.

Specific medical exclusions (in addition to the foregoing):

• medical malpractice claims arising from reliance on AI‑generated content;

• patient harm, misdiagnosis, or incorrect treatment decisions;

• damages from inaccurate transcription, summaries, or clinical extractions;

• loss, corruption, or unauthorized disclosure of patient data or medical records outside the Software.

10. Termination

We may terminate this EULA if you materially breach it. Upon termination, you must stop using and uninstall the Software. Clauses 3, 4, 5, 6, 7, 9, 10, 11, and 12 survive termination.

11. Export & Sanctions

You must comply with applicable export‑control and sanctions laws when using or exporting the Software and related technical data.

12. Governing Law & Forum

This EULA is governed by the laws of the Netherlands (excluding conflict‑of‑law rules). If you are a consumer resident in the EU/EEA, you may also bring claims in your country of residence where required by mandatory law. Exclusive forum for business users: the competent courts of Oost‑Brabant (’s‑Hertogenbosch), Netherlands.

13. Miscellaneous

Severability. If any provision is held invalid or unenforceable, the remainder of the EULA remains in effect.

No waiver. A failure to enforce any provision is not a waiver.

Assignment. You may not assign this EULA without our prior written consent; we may assign it in connection with a merger, acquisition, or sale of assets.

Consumer rights. Nothing in this EULA limits rights that cannot be waived under applicable law.

14. Contact

Omi Health B.V. — legal: [email protected] • address: Eindhoven, Netherlands.