Spanislate User License Agreement and Business Associate Agreement
Effective Date: April 16, 2026
This User License Agreement and Business Associate Agreement ("Agreement") is entered into by and between Anescribe, LLC, a United States company ("Anescribe"), and the individual or entity accepting this Agreement ("User"). This Agreement governs access to and use of the Spanislate application ("Spanislate" or the "App").
By accessing or using Spanislate, the User agrees to be bound by the terms of this Agreement. If the User does not agree, the App must not be used.
1. Parties and Effective Date
A. This Agreement becomes effective at the time the User accepts the Agreement within the App.
B. Upon User acceptance, this Agreement constitutes a fully executed Business Associate Agreement under applicable United States healthcare privacy laws.
2. License Grant
A. Anescribe grants the User a limited, non-exclusive, non-transferable, revocable license to use Spanislate solely for lawful purposes and in accordance with this Agreement.
B. The User may not copy, modify, distribute, sell, sublicense, or reverse engineer any part of the App.
3. Business Associate Status and PHI Handling
A. Anescribe and Spanislate agree to treat all information input into the App as Protected Health Information.
B. Anescribe agrees to act as a Business Associate, as defined under the Health Insurance Portability and Accountability Act and its implementing regulations.
C. Spanislate is designed such that Anescribe does not access, store, or retain user communications or content exchanged through the App.
D. Anescribe shall:
- Use and disclose Protected Health Information only as permitted by this Agreement or as required by law.
- Not use Protected Health Information for marketing, sale, or model training purposes.
- Implement reasonable administrative, physical, and technical safeguards appropriate to the App's architecture to protect information processed within the App.
E. The User acknowledges that by using Spanislate, they are interacting with a system that is structured to minimize or eliminate access by Anescribe to Protected Health Information.
4. Permitted Uses and Disclosures
A. Anescribe may process information solely to enable the functionality of the App.
B. Anescribe may disclose information as required by law.
C. No other uses or disclosures are permitted.
5. Data Handling and Storage
A. Spanislate is designed to minimize data retention and avoid centralized storage of user communications.
B. There are no cloud backups of transcripts, preferences, or user-generated content. This is an intentional design decision to maximize user, conversant, and patient privacy. Users acknowledge that loss of a device or local data may result in permanent loss of such information.
C. Any optional local data remains under the control of the User.
D. Anescribe does not sell, rent, or trade any data.
6. Security
A. Anescribe implements reasonable and appropriate safeguards consistent with the App's design.
B. Anescribe will report any known unauthorized access, use, or disclosure of Protected Health Information to the extent required by law.
7. User Responsibilities
A. The User is responsible for ensuring that use of Spanislate complies with applicable laws and regulations.
B. The User must safeguard any devices used to access the App.
C. The User agrees not to transmit or disclose Protected Health Information in emails to support.
D. Anescribe designates support@elescan.com as a HIPAA-compliant email address; however, Users should apply additional safeguards and avoid including unnecessary Protected Health Information when contacting support.
E. The User must not use the App for unlawful purposes.
8. Term and Termination
A. This Agreement remains in effect until terminated.
B. The User may terminate by discontinuing use of the App.
C. Anescribe may terminate or suspend access at any time for violation of this Agreement.
D. Upon termination, any information handled will be addressed in accordance with applicable law and the App's non-retention design.
9. Limitation of Liability
A. Spanislate is provided on an as-is basis.
B. Anescribe does not guarantee uninterrupted or error-free operation.
C. To the maximum extent permitted by law, Anescribe is not liable for indirect, incidental, or consequential damages.
10. No Medical Advice
A. Spanislate is a communication tool and does not provide medical advice.
B. Anescribe is not responsible for clinical decisions or outcomes.
11. Governing Law
This Agreement is governed by the laws of the United States and the State of New York, without regard to conflict of law principles.
12. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding Spanislate and supersedes all prior agreements.
13. Acceptance and Execution
By accepting this Agreement within the App, the User acknowledges and agrees that:
A. This document serves as both a User License Agreement and a Business Associate Agreement.
B. The Agreement becomes fully effective and binding upon User acceptance.
C. This Agreement is electronically signed on April 16, 2026 at 10:16 AM by:
Jeremy Frederick, MD
Chief Executive Officer
Anescribe, LLC
By accepting this User License Agreement, the Business Associate Agreement and all other aspects of the Agreement become effective as of date of electronic acceptance by User. Users desiring an individualized Business Agreement with their or their organization's name should email support@elescan.com for assistance.