Terms of Service

1. Introduction and Definitions

Welcome to Elescan®, a mobile application developed and owned by Anescribe®, L.L.C. (“Company,” “we,” “us,” or “our”), which provides HIPAA-compliant tools for scanning, storing, and sharing protected health information (“PHI”).

By creating an account, accessing shared content, or using Elescan®, you agree to be bound by these Terms of Service (“Agreement”), our Privacy Policy, and, where applicable, the Business Associate Agreement contained herein.

Definitions:

• “User” or “You” refers to any individual accessing or using Elescan®.
• “Free User” means a User accessing Elescan® without an active paid subscription.
• “Paid User” means a User with an active paid subscription.
• “PHI” has the same meaning as defined under the Health Insurance Portability and Accountability Act (“HIPAA”).

Territorial Restriction: Elescan® is intended only for use in the United States. By using the service, you represent that you are physically located within the United States and subject to its laws.

2. Grant of License

Subject to this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable license to install and use Elescan® for lawful purposes within the United States.

You may not:

• Reverse engineer, decompile, or modify the app except as permitted by applicable law;
• Use Elescan® to violate HIPAA or any applicable federal, state, or local law;
• Share account credentials with unauthorized persons; or
• Attempt to gain unauthorized access to PHI, another User’s account, or Elescan® systems.

3. User Responsibilities

You are responsible for selecting the intended recipient of any PHI or secure link you share through Elescan® and for ensuring that you are authorized to make that disclosure.

Elescan® may allow you to initiate sharing through third-party applications or services, including your device’s native messaging application. Once you intentionally send, forward, download, export, copy, print, screenshot, or otherwise transfer PHI or an Elescan® secure link outside the Elescan® service, you are responsible for that subsequent use, transmission, storage, and disclosure to the fullest extent permitted by law.

You agree not to knowingly provide an Elescan® secure link to an unauthorized person.

You are responsible for PHI that you independently enter into SMS, iMessage, RCS, email, or another communication service outside Elescan®. Elescan® does not control, monitor, receive, or secure replies or other communications occurring through third-party messaging services merely because an Elescan® secure link was previously shared through that service.

When Elescan® asks a recipient to confirm their identity, the recipient must answer truthfully. You may not falsely represent that you are the named or intended recipient of PHI. A person who intentionally accesses PHI by falsely claiming to be the intended recipient is responsible for that unauthorized access and any subsequent use or disclosure to the fullest extent permitted by law.

You are responsible for maintaining the security of your device and account credentials. Face ID or other supported device authentication may be used to facilitate access. Multi-factor authentication may otherwise be required.

4. User Conduct and Legal Compliance

You agree to:

• Never use Elescan® or elescan.com to create, store, transmit, or facilitate the distribution of Child Sexual Abuse Material (CSAM);
• Never use Elescan® to harass, sexually abuse, stalk, threaten, or otherwise illegally harm another person;
• Never intentionally access PHI that you know you are not authorized to access; and
• Use Elescan® only in compliance with applicable federal, state, and local laws of the United States.

Violation of this section may result in immediate suspension or termination of your account and, where required or appropriate under applicable law, reporting to law enforcement or other authorities.

5. Paid and Free Tiers

Free Users may access features made available by Elescan® without an active subscription, including receiving and viewing shared Elescan® documents where supported.

Paid Users may access additional features, including scanning, storing, sharing, and managing records.

Current subscription pricing and available features are displayed within Elescan® before purchase.

You may cancel a paid subscription at any time. Access to paid features will continue through the applicable paid subscription period unless otherwise stated.

Cancellation or expiration of a paid subscription does not, by itself, delete PHI previously stored in your Elescan® library.

Features, pricing, free trials, and subscription offerings may change over time.

6. Data Storage and Security

Elescan® uses safeguards designed to protect PHI stored within the Elescan® service.

PHI stored within Elescan® cloud infrastructure is encrypted at rest. PHI transmitted between Elescan® applications, websites, and Elescan® infrastructure is encrypted in transit using TLS 1.2 or higher or an equivalent or stronger security protocol.

Elescan® may generate private, expiring, unguessable links to facilitate sharing. Such links may be transmitted using third-party services, including native device messaging applications.

Secure links are intended only for their designated recipients. Expiration of a secure sharing link does not delete a document that has already been validly received and stored in an authorized recipient’s Elescan® library.

Files stored locally by Elescan® may be sandboxed and excluded from device cloud backups where supported by the operating system.

Security measures cannot prevent an authorized recipient from independently downloading, printing, photographing, screenshotting, copying, exporting, or subsequently disclosing information after receiving it.

7. PHI Sharing and Business Associate Agreement

By using Elescan®, you may input, upload, store, receive, or share PHI. You represent and warrant that you are authorized to access and transmit PHI as required by applicable law.

A secure Elescan® link may be transmitted through a third-party messaging or communications service without including the underlying PHI in the accompanying message.

Once an authorized recipient downloads, prints, exports, screenshots, copies, forwards, or otherwise removes PHI from the Elescan® protected environment, Elescan® cannot control that recipient’s subsequent handling, storage, transmission, or disclosure of the information.

Elescan® is not responsible for independent communications between Users or recipients through SMS, iMessage, RCS, email, or other third-party services merely because an Elescan® secure link was previously transmitted using that service. Users and recipients remain responsible for complying with legal and professional obligations applicable to their own communications and handling of PHI.

Business Associate Agreement

To the extent Anescribe®, L.L.C. acts as a Business Associate under HIPAA, Anescribe®, L.L.C. agrees to:

• Use appropriate safeguards to protect PHI as required by applicable law;
• Limit access to PHI to authorized personnel and systems as appropriate;
• Use and disclose PHI only as permitted by this Agreement, the applicable Business Associate relationship, or law;
• Report breaches and other incidents when and as required by applicable law; and
• Comply with applicable provisions of HIPAA and HITECH governing Business Associates.

This section is intended to constitute a binding Business Associate Agreement under 45 C.F.R. § 164.504(e) when a Business Associate Agreement is required, effective upon the applicable User’s acceptance and use of Elescan®.

Nothing in this Agreement limits an obligation of Anescribe®, L.L.C. that cannot lawfully be limited or waived under HIPAA, HITECH, or other applicable law.

8. Termination and Data Retention

You may delete your account at any time.

We will retain PHI you create or store in your HIPAA-compliant Elescan® database as required by applicable law, which may include retention after account deletion. We will not share retained PHI except as required or permitted by applicable law.

Termination, cancellation, or deletion of an account does not necessarily require deletion of PHI that applicable law requires or permits us to retain.

9. Limitation of Liability

Elescan® is provided “as is” and “as available” without warranties of any kind except to the extent a warranty cannot lawfully be disclaimed.

To the fullest extent permitted by applicable law, Anescribe®, L.L.C. is not responsible for unauthorized access, use, disclosure, loss, or other damages resulting from:

• A User selecting or entering an incorrect recipient;
• A User or recipient forwarding or sharing a secure link with another person;
• A person falsely representing that they are the intended recipient of a secure link;
• PHI being downloaded, exported, printed, copied, photographed, screenshotted, forwarded, or otherwise removed from the Elescan® protected environment;
• PHI or other sensitive information independently entered by a User or recipient into SMS, iMessage, RCS, email, or another third-party communication service;
• A recipient’s reply or subsequent communication through a third-party messaging service; or
• Subsequent use, disclosure, loss, or compromise of PHI after it has been lawfully delivered to or exported by an authorized recipient.

To the fullest extent permitted by law, Anescribe®, L.L.C. disclaims liability for indirect, incidental, special, consequential, or similar damages arising from use of Elescan®.

These limitations do not apply to the extent liability results from conduct or obligations of Anescribe®, L.L.C. that applicable law does not permit Anescribe®, L.L.C. to disclaim or limit.

10. Dispute Resolution and Jurisdiction

This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law principles.

Any dispute may be resolved in state or federal courts located in New York, New York, or by binding arbitration if both parties agree to arbitration.

11. Modifications

We may update this Agreement from time to time by posting a revised version within Elescan® or at elescan.com.

Where required by applicable law, we will provide appropriate notice of material changes. Continued use of Elescan® following the effective date of an updated Agreement constitutes acceptance to the extent permitted by applicable law.

12. Contact

Anescribe®, L.L.C.
82 Nassau St. #60594
New York, NY 10038
Email: support@elescan.com