Terms of Use – CommU

CommU Terms of Use

Last updated: December 7, 2025

These Terms of Use (the “Terms”) constitute a binding agreement between you (an individual or entity who accesses or uses the services) and CommU, Inc. (“CommU,” “we,” “us” or “our”). These Terms govern your access to and use of CommU’s AI Medical Interpreter platform (the “Platform”), whether accessed via a web browser, mobile application, or any other interface.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

If you accept these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to the organization.

1. Changes to these Terms; Platform updates

1.1. We may change, update or replace these Terms at any time. When we do, we will notify you either in the Platform, by email, or by posting a revised version on the Platform. Unless otherwise stated, changes will take effect ten (10) days after notice is provided. Continued use of the Platform after such notice will constitute acceptance of the updated Terms.

1.2. We may modify, enhance, suspend, or discontinue all or any portion of the Platform, with or without notice, and without liability to you.

2. License and permitted use

2.1. Subject to your compliance with these Terms and payment of any applicable fees, CommU grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform during the term of your subscription solely for your internal business operations.

2.2. You may allow your employees, contractors, and other authorized individuals (“Authorized Users”) to use the Platform, provided you remain responsible for their compliance with these Terms and for their actions while using the Platform.

2.3. Prohibited conduct. You agree not to, and not to permit any third party to:

a. reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive the source code, algorithms, or structure of the Platform;

b. copy, reproduce, republish, distribute, sell, rent, lease, sublicense, assign, or otherwise transfer rights in the Platform or any part thereof;

c. create derivative works based on the Platform or its outputs except as expressly authorized in writing by CommU;

d. remove, obscure, or alter any proprietary notices on the Platform;

e. use the Platform to develop competing products or services;

f. use automated means to extract data from the Platform (e.g., scraping) except where explicitly permitted by us in writing;

g. use the Platform in a manner that violates applicable law, or to generate content that infringes third-party rights, is unlawful, harmful, abusive, defamatory, or pornographic; or

h. circumvent any technical or contractual limitations in the Platform or otherwise interfere with the security or operation of the Platform.

3. Accounts; credentials; account security

3.1. To use the Platform you or your Authorized Users must register for an account and create login credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account.

3.2. You must promptly notify CommU at support@commu.ai of any unauthorized use of your account or any other breach of security.

3.3. We may suspend or terminate access to accounts that we believe are compromised, inactive, or used in violation of these Terms.

4. Intellectual property

4.1. CommU and its licensors retain all right, title, and interest in and to the Platform, including all software, models, data, content, documentation, trademarks, and other intellectual property (collectively, “CommU IP”). Except for the limited license expressly granted above, no rights are granted to you.

4.2. You retain ownership of the information and materials that you submit to the Platform ("Customer Data"). CommU may use, process, and store Customer Data solely to provide the Platform, maintain its functionality, ensure security, support your authorized use, and comply with applicable law or an applicable Business Associate Agreement. CommU will not use Protected Health Information (PHI) for model training, research, or product improvement except to the extent such data is first de-identified in accordance with HIPAA. Any development, refinement, or enhancement of the Platform will rely only on de-identified or non-PHI data.

4.3. Feedback and suggestions. If you provide CommU with suggestions, ideas, or other feedback regarding the Platform, you grant CommU a perpetual, irrevocable, royalty-free license to use such feedback for any purpose.

5. Customer responsibilities and compliance

5.1. You are responsible for the content of Customer Data and for obtaining any required consents, permissions, or authorizations (including patient consents) necessary to submit Customer Data to the Platform and for CommU to process such data.

5.2. You will use the Platform in compliance with applicable laws and regulations, including, where relevant, HIPAA, data protection laws, export control laws, and professional and regulatory requirements.

5.3. If you require a Business Associate Agreement (BAA) or similar contractual arrangement to govern processing of Protected Health Information (PHI), please contact support@commu.ai. Where a BAA applies, its terms will govern to the extent they conflict with these Terms.

6. Data retention and deletion

6.1. CommU processes Customer Data in real time for the purpose of delivering the Platform’s functionalities. By default, audio, speech-derived content, and related interaction data are processed transiently and deleted immediately after processing, unless retention is required by law or explicitly enabled by you or your organization. If you or an authorized administrator choose to save a conversation or interaction, the saved data will be stored in secure cloud infrastructure (such as Google Cloud Platform) for the duration specified in your organization’s settings, the applicable order, or the Privacy Policy.

6.2. You are responsible for maintaining backups of any Customer Data saved at your request or through your organization’s configuration and for determining appropriate retention policies consistent with applicable law.

7. Fees and payment

7.1. Access to the Platform may require payment of subscription fees in accordance with the plan you select. Fees are invoiced as described in your order, and payments are due within thirty (30) days of invoice unless otherwise stated.

7.2. We may offer a free tier or trial; such offerings may be limited in duration or functionality and may be modified or withdrawn at any time.

7.3. If you fail to pay fees when due, we may suspend or terminate your access to the Platform. All fees are non-refundable except as expressly stated in an order or required by law.

7.4. We may change pricing for future subscription periods by providing prior notice, but will not change fees for an active subscription term unless mutually agreed.

8. Acceptable use and safety

8.1. The Platform is intended to assist communications between healthcare professionals, patients and their representatives. It is not a replacement for professional medical judgment. You must ensure that human review and professional oversight are applied to any clinical decisions.

8.2. You will not use the Platform to:

a. Make autonomous clinical decisions without human oversight; or

b. engage in any activity that poses a high risk of physical or economic harm without appropriate safeguards.

8.3. If you use the Platform in a vehicle, you must comply with applicable laws and refrain from use while driving unless the vehicle is safely parked.

9. Privacy

9.1. Our Privacy Policy, available on our website, explains how we collect, use, disclose, and protect personal information. The Privacy Policy is part of these Terms.

9.2. By using the Platform you agree to the processing activities described in the Privacy Policy and to the limited licensing of Customer Data set out above.

10. Security

10.1. We implement administrative, and technical safeguards designed to protect Customer Data. However, no internet-connected system is entirely secure. We cannot guarantee absolute security and you acknowledge and accept the risks of transmitting data online.

10.2. If CommU becomes aware of a security incident affecting Customer Data, we will notify you in accordance with applicable law and the terms of any applicable BAA.

11. Warranty disclaimers

11.1. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2. COMMU DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. COMMU DOES NOT GUARANTEE ACCURACY, COMPLETENESS, OR TIMELINESS OF RESULTS.

11.3. The Platform involves automated speech recognition, interpretation, and translation, which may contain errors, omissions, or inaccuracies. You acknowledge that interpretation or translation outputs may not fully or accurately reflect the original spoken or intended meaning, and you remain solely responsible for verifying critical information before relying on it in clinical, legal, or other consequential contexts.

12. Limitation of liability

12.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY (INCLUDING COMMU) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2. COMMU’S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS (U.S.$100) AND (B) THE TOTAL FEES PAID BY YOU TO COMMU FOR THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION WILL NOT APPLY TO LIABILITY RESULTING FROM COMMU’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

13. Indemnification

You will indemnify, defend, and hold harmless CommU (and its officers, directors, employees, agents and affiliates) from and against any losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

a. your breach of these Terms;

b. your negligence or willful misconduct;

c. claims that Customer Data infringes or misappropriates third party rights; or

d. your failure to obtain required consents or to comply with applicable law.

14. Confidentiality

14.1. Each party will keep confidential the other party’s non-public business, technical, and financial information that is identified as confidential or that reasonably should be understood to be confidential (“Confidential Information”). Confidential Information does not include information that is publicly known, rightfully received from a third party without restriction, or independently developed without use of the other party’s Confidential Information.

14.2. A receiving party may disclose Confidential Information where required by law or valid legal process, provided it gives prompt notice to the disclosing party and cooperates in any attempt to obtain protective relief.

15. Term and termination

15.1. These Terms remain in effect for the duration of your subscription, unless earlier terminated under this Section.

15.2. Either party may terminate these Terms for material breach if the breaching party fails to cure such breach within thirty (30) days after written notice.

15.3. Upon termination or expiration of these Terms, your license to use the Platform ends and you must cease all use. Sections that by their nature survive termination (including, without limitation, Intellectual Property, Confidentiality, Indemnification, Payment, Warranty Disclaimers, Limitation of Liability, Governing Law, Arbitration, and Miscellaneous provisions) will continue in effect.

16. Arbitration and dispute resolution

16.1. Except for claims that may be brought in small claims court or for injunctive or other equitable relief, you and CommU agree to resolve disputes arising out of or relating to these Terms through final and binding arbitration administered by an established arbitration provider under its rules. The arbitrator shall apply Delaware law (without regard to conflict of law principles), and the seat of arbitration will be in the State of Delaware. The arbitration may be conducted in person, by telephone, or online as determined by the arbitrator.

16.2. BY AGREEING TO ARBITRATION, YOU AND COMMU EACH WAIVE THE RIGHT TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

17. Class action waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS BROUGHT BY YOU AGAINST COMMU MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY. CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE HEREBY WAIVED.

18. Export compliance; geographic scope

18.1. The Platform is intended for use in the United States. If you access the Platform from outside the United States, you are responsible for compliance with local laws. You will not export, re-export, or transfer the Platform or any related technical data in violation of U.S. export control laws and regulations.

19. Platform Marketplace Terms

If you download or access the Platform through a third-party marketplace or application distribution service, such as a mobile application store, you acknowledge that these Terms are between you and CommU, not the marketplace operator. The marketplace operator has no responsibility for the Platform, including support, maintenance, claims, warranties, or compliance with applicable law. To the maximum extent permitted by law, CommU is solely responsible for the Platform and its content. Marketplace operators are third-party beneficiaries of these Terms solely to the extent required by applicable marketplace terms.

20. Handling of Audio, Speech, and Sensitive Health Data

20.1. Types of data processed.

When you use CommU’s interpretation features, the Platform may process:

live or recorded audio from clinicians, patients, or caregivers;
speech-to-text transcriptions;
text-based interpretations and translations;
contextual metadata (e.g., language selections, timestamps, device type);
any PHI or clinical content spoken or entered.

20.2. Where processing occurs.

Audio and speech data may be transmitted to CommU’s secure servers for AI processing. No audio is shared with third parties except as required to provide the service or as permitted by an applicable BAA.

20.3. Retention.

PHI and audio-derived content are retained only as long as necessary to provide the service or as required by law, and are deleted or de-identified in accordance with the Privacy Policy. Audio may be deleted immediately after processing unless organizational settings require temporary retention.

20.4. No PHI used for training.

CommU does not use PHI, audio recordings, or identifiable speech data to train AI models or improve the Platform unless such data is first de-identified in compliance with HIPAA.

20.5. Security.

Audio and PHI are encrypted in transit and at rest. CommU maintains safeguards designed to meet or exceed industry standards.

20.6. User controls.

Depending on your organizational configuration, users may have the ability to:

Request deletion of specific interactions;
Disable audio and text retention;

20.7. Third-party processors.

CommU uses carefully vetted third-party service providers to perform certain processing activities on its behalf, including speech recognition, text-to-speech, cloud hosting, and language-model computation. These processors receive data only as necessary to provide the contracted services to CommU and are prohibited from using PHI or other Customer Data for any independent purpose. All such processors are bound by written agreements that provide protections consistent with these Terms, our Privacy Policy, and any applicable Business Associate Agreement.

21. Miscellaneous

21.1. Entire agreement.

These Terms, together with any order forms, SLAs, and our Privacy Policy, constitute the entire agreement between you and CommU regarding the Platform and supersede prior agreements.

21.2. Assignment.

You may not assign or transfer these Terms or your rights hereunder without Comm‎U’s prior written consent. CommU may assign these Terms without restriction.

21.3. Severability.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

21.4. No waiver.

Failure by CommU to enforce any right is not a waiver of that right.

21.5. Notices.

We may provide notices to you via the Platform, email, or postal mail to the contact information you provide.

21.6. Contact.

For support or legal inquiries, email support@commu.ai.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflict of laws principles.