Terms of use | Dilato

Welcome to Dilato! Please read these Terms of Service carefully before using our application.

By creating an account, installing, or using the Dilato application (“Application”), you (“you” or “User”) agree to these Terms of Use (“Terms”). If you do not agree, do not install or use the Application. These Terms form a binding legal agreement between you and Dilato Applications Inc. (“Dilato”, “we”, or “us”). We may update these Terms from time to time, and will notify you of any major changes (for example, by email or in-app notice) at least 30 days before they take effect. By continuing to use the Application after an update, you accept the new Terms. If you do not agree to changes, you must stop using the Application and cancel any paid subscription before the changes take effect.

1. Introduction and Purpose

Dilato is a software application designed to help healthcare professionals create clinical notes more quickly using customizable templates. The Application is not an electronic medical record (EMR) system or a substitute for professional medical judgment. It is a tool to assist with documentation. When you install or use Dilato, we grant you a limited, non-transferable license to use the Application as per these Terms – you do not obtain ownership of the software or any of its content.

2. Account Registration and Security

To use Dilato, you must create an account with a valid email and provide accurate information. You are responsible for maintaining the confidentiality of your login credentials:

One Account, One User: Accounts are meant for individual use by one person. Do not share your account or password with others. You are responsible for all activity that happens under your account.
Secure Your Password: Choose a strong, unique password and keep it safe. If you suspect unauthorized access to your account, notify us immediately. If you share your password or account with someone, you will be responsible for any actions they take or any loss or damage that results.
Eligibility: You must be of legal age in your jurisdiction to use Dilato. If you are using Dilato on behalf of an organization (for example, your clinic or employer), you represent that you have the authority to bind that organization to these Terms. All users must use Dilato in compliance with applicable laws and regulations.

3. Subscription Plans and Payment

Dilato offers both free and paid subscription plans. By choosing a paid plan, you agree to the following payment terms:

Paid Plans: Some features require a subscription fee. Subscription plans may be monthly or annual, as specified when you subscribe.
Billing Cycle: Subscription fees are billed in advance on a recurring basis (e.g. every 30 days for monthly plans, or annually for yearly plans). Subscriptions automatically renew at the end of each billing period unless you cancel before the next renewal date. We will charge your provided payment method upon each renewal unless you cancel first.
Seats (Group Billing): Some subscriptions may be managed and paid for by a third party, such as a colleague, employer, clinic, or other organization, through a centralized billing group. The payer is responsible for managing the number of seats (user accounts) covered under their subscription and may add or remove users at their discretion. A seat assigned to a user under a billing group is not permanent, and access remains contingent on the payer maintaining their subscription and continuing to include the user in their billing group. If the payer removes a user’s seat, cancels their subscription, or fails to make payments, Dilato may downgrade or suspend access to paid features for that user unless they transition to an individual-paid plan. The payer is responsible for all charges incurred under their billing group and must ensure that payment details are accurate and up to date. Any proration of fees due to adding or removing users will be reflected in the payer’s next billing cycle. Dilato may, at its discretion, issue an interim invoice before the next billing cycle if a significant number of users are added during the current cycle. Dilato is not responsible for disputes between users and payers regarding seat assignments, billing arrangements, or any restrictions the payer may impose on accounts under their group. If a user wishes to leave a billing group and assume payment for their own subscription, they must request this directly from the payer managing the group or contact us directly.
Price Changes: Subscription rates are subject to change. If we change the price of your plan, we will give you notice in advance. If you do not agree to the new price, you may cancel your subscription before the change takes effect. Continuing to use Dilato after the price change constitutes acceptance of the new rate.
Cancellation: You may cancel your paid subscription at any time. Cancellation will stop future billing, and your plan will not renew after the current paid period. You may loose access to paid features immediately after cancellation. We do not provide refunds or credits for any remaining time in your subscription period after cancellation, except where required by law. For example, if you cancel in the middle of a month, you will not be charged for the next month, but the current month’s fee will not be refunded.
Refunds: In general, all fees are non-refundable. We only offer refunds if required by law or in extraordinary situations at our discretion. If you believe you have a special case for a refund, you can contact our support, but we make no guarantee of a refund.
Failed Payments: You must provide a valid payment method and keep it up to date. If we cannot process your payment (for example, due to an expired credit card), we will notify you. We may suspend or downgrade your account to the free plan until payment is resolved.
Taxes: Subscription prices do not include applicable taxes unless stated. If any taxes (e.g. sales tax, VAT) apply, they may be added to the charges. You are responsible for paying any such taxes.

4. User Responsibilities and Appropriate Use

When using Dilato, you must follow these rules to ensure a safe and compliant experience:

No Unauthorized Use: Use the Application only for its intended purpose of creating and managing templates and clinical notes. You agree not to misuse the service or interfere with its normal operation. This means you will not attempt to hack, disrupt, or gain unauthorized access to any part of Dilato or its related systems.
No Illegal or Prohibited Content: You are responsible for all content you input into Dilato. Do not use Dilato to store or share content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable. You must comply with all applicable laws while using the Application.
Minimum Necessary Protected Health Information: Dilato is designed with strong security safeguards to protect Protected Health Information (PHI) and ensure the confidentiality of data processed through the application. While Dilato assists healthcare professionals in generating clinical notes, it is not an electronic medical record (EMR) system and does not provide long-term storage for PHI. Users must not include PHI when creating or editing templates; PHI should only be entered when using templates to generate a specific note. In most cases, patient identifiers such as full names, health card numbers, and dates of birth are unnecessary for generating clinical notes and should be avoided unless essential for documentation accuracy. Users are encouraged to enter only the minimum necessary PHI. Users are required to obtain patient consent prior to entering any information that may identify them. Patient data remains under the user’s control, and while Dilato is committed to safeguarding PHI during processing, users should always follow best practices for secure handling and transfer of patient information.
User’s Clinical Responsibility: You are solely responsible for any medical or professional decisions and documentation that result from your use of Dilato. Dilato may assist in note-taking, but you must ensure the accuracy, completeness, and appropriateness of all information in your clinical notes. Always verify that the content (including any suggestions or templates from Dilato) is correct and suitable for your patient’s situation. Do not rely on Dilato as a substitute for your professional judgment.
Account Use Only by You: As noted, your account is personal to you. No other person is allowed to use your Dilato account. You must not share your login or let others use the Application through your account. If you need multiple users, each person must have their own account.
Content Sharing: If you use Dilato’s features to share templates or other content with others (either privately with specific users or publicly to the Dilato community), you are responsible for what you share. Do not share content that: (a) infringes anyone’s intellectual property or other rights (for example, do not include content copied from another source without permission), or (b) contains sensitive or personal data (including patient protected health information or any confidential information). By sharing content, you ensure you have the right to share it and you agree that others may view, use, and modify that content.
Fair-use policy: Unlimited access to AI features under certain plans is subject to a fair-use policy designed to preserve service availability and performance: normal use means human-initiated AI requests to generate clinical notes at a volume consistent with ordinary medical practice, while abusive use includes any automation, scripting, or unusual call volume that could impair stability, incur disproportionate costs, or divert the service from its purpose; Dilato may, at its sole discretion and without prior notice, monitor, throttle, limit, suspend, or terminate access for any account that exceeds these limits and may charge additional fees if excessive use continues after a warning, after which reasonable efforts will be made to engage with the user about options such as optimization or moving to another plan; this policy is intended to prevent abuse that could compromise the service’s quality or economic viability for the entire community without restricting legitimate use.
Follow Our Policies: You agree to use Dilato in accordance with these Terms and any user guidelines or policies we may provide. If you violate these rules, we may suspend or terminate your access to Dilato.

5. User-Generated Content and License to Dilato

When you create or transfer content in Dilato (such as custom templates or other materials) and choose to share it:

Your Ownership: You retain any intellectual property rights you have in the content you create. We do not claim ownership of your original clinical templates or notes.
Your Responsibility: As stated, you are fully responsible for any content you create or share using Dilato, and for ensuring it doesn’t violate any laws or rights of others.
License to Other Users: If you share a template or content with other Dilato users (or publicly), you give those users permission to use, copy, modify, re-share, or otherwise utilize that content within the Application. For example, if you publish a template publicly, other Dilato users may copy it into their own libraries and even modify it for their needs. You will not receive any compensation for this, and you agree that this is okay by sharing the content.
License to Dilato: By sharing content publicly through the Application, you grant Dilato Applications Inc. a worldwide, royalty-free, perpetual license to use, host, reproduce, modify, publish, display, distribute, and create derivative works from your shared content. This license is only for the purpose of operating, improving, or promoting the Application and the template library. For example, we may feature a popular user-created template in our library for others to use. We will not claim ownership of your content, but this license allows us to provide the content to other users as you intended when sharing.
Personal Data in Content: Again, do not include personal data in any content you share. If your shared content does inadvertently contain personal or sensitive information, we may remove or anonymize it to protect privacy, and you agree that we have the right (but not the obligation) to do so.

6. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy describes in detail how we collect, use, and protect your personal information when you use Dilato. By using the Application, you also agree to the practices outlined in our Privacy Policy.

7. Intellectual Property and Ownership

Dilato and its contents are protected by intellectual property laws. Here’s what you need to know:

Our Intellectual Property: All rights, title, and interest in and to the Application and all associated materials are owned by Dilato Applications Inc.. This includes the software code, the design, the Dilato name and logo, the template library provided by us, and any documentation or content provided through the Application. These are collectively our “Proprietary Materials.” They are protected by copyright, trademark, and other intellectual property laws. Dilato is our trademark; you may not use it without our permission except to refer to the service as allowed.
Your License: We grant you a limited, revocable, non-exclusive, non-transferable license to install and use the Dilato Application and services, for your personal or internal business use only, and only as permitted by these Terms. You may not use our Proprietary Materials for any other purpose. We reserve all rights not explicitly granted to you in these Terms.
Restrictions: You must not do any of the following with our Application or content:
Copy, reproduce, or redistribute any part of the Application or its content, except as necessary to use it on your own devices for its intended purpose.
Modify, translate, or create derivative works based on the Application or any content we provide.
Reverse engineer, decompile, or attempt to extract the source code of the Application , except to the limited extent that such activity is expressly permitted by law notwithstanding this restriction.
Remove, obscure, or alter any copyright, trademark, or other proprietary notices on the Application or any materials from Dilato.
Use any Dilato name, logos, or trademarks in a way that confuses others or implies our endorsement of any product or service without our prior written consent.
Improvements and Updates: If we offer any updates, new features, or enhancements to the Application, they are also covered by these Terms unless we specify otherwise. We retain all rights to any such updates. Similarly, if you send us feedback or suggestions about Dilato, we may use your feedback without obligation to you. (Your feedback is appreciated, but please understand we may already be working on similar ideas or may incorporate your suggestions without compensation to you.)

8. Artificial Intelligence Features Disclaimer

Dilato includes features that utilize artificial intelligence or automated algorithms (for example, “AI commands” that help generate text). While we aim for these features to enhance your experience, it’s important to understand their limitations:

No Guarantee of Accuracy: AI-generated suggestions or content might not always be correct, complete, or up-to-date. The AI may occasionally produce irrelevant or erroneous information. You should not rely solely on AI outputs for any decisions.
User Responsibility: You are responsible for reviewing and verifying any content generated by Dilato’s AI features. Treat AI suggestions as helpful drafts, not as confirmed facts or professional advice. Always use your own professional judgment, especially for clinical content.
Potential Inappropriateness: While unlikely, automated systems can sometimes produce content that is biased or inappropriate. If you encounter any AI-generated output that seems wrong or problematic, disregard it and feel free to report it to us so we can improve the system.
Not Medical Advice: Any AI-driven content from Dilato is provided for convenience and efficiency, not as medical advice or diagnosis. Dilato’s AI does not replace consultation with qualified healthcare professionals or your own knowledge of a patient’s case.
Our Liability: We do not accept liability for any harm or loss that may arise from your use of AI-generated content. By using the AI features, you acknowledge these risks and agree that Dilato is not responsible for outcomes or decisions based on AI outputs.

9. Disclaimers of Warranties

Dilato is provided “as is” and “as available.” We hope you find the Application useful, but there are some things we can’t promise. To the fullest extent allowed by law:

No Warranty: Dilato makes no guarantees or warranties (express or implied) about the Application. This includes implied warranties of merchantability (fitness for ordinary use), fitness for a particular purpose, and non-infringement of intellectual property rights. In plain language, we don’t promise that Dilato will meet all your needs, or that it will work perfectly for any specific purpose you have in mind.
Availability and Errors: We do not guarantee that the Application will be uninterrupted, timely, secure, or error-free. While we strive to maintain a high level of service, there may be occasional outages, bugs, or maintenance periods. We will try to fix issues that arise, but we don’t warrant that any or all bugs can or will be corrected.
Data and Security: Dilato follows industry-leading security practices to protect your data, including encryption, access controls, and compliance with regulations. We are committed to safeguarding your information and have security measures in place to detect, prevent, and respond to threats. However, as with any technology, there is no absolute risk-free system, and data loss or security breaches, while unlikely, can never be fully eliminated. In such an event, Dilato has protocols to mitigate risks and respond promptly to protect your data. By using Dilato, you understand and accept these inherent risks.
Content: We are not responsible for the accuracy, reliability, or quality of any content entered by Users into the Application, including templates or notes (whether generated by you, other users, or the AI features). We do not warrant that any information you obtain through Dilato is correct or reliable. You should independently verify any critical information, especially medical content.
Third-Party Systems: Dilato is designed to work with other software (for example, you likely insert notes into your Electronic Medical Record system). We cannot guarantee compatibility with every third-party system, and we are not responsible for issues that arise from the interaction between Dilato and other software or services. You are responsible for following the other software’s terms of use when transferring information (for instance, copying a Dilato-generated note into another program).
No Other Promises: Except as explicitly set forth in these Terms, no oral or written information or advice provided by Dilato or our representatives shall create any warranty. We provide any documentation or support “as-is” as well.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In such cases, any legally required warranty is limited to the shortest period and fullest extent permitted by law.

10. Limitation of Liability

Using software inherently comes with some risk. To the maximum extent permitted by law, Dilato’s liability to you is limited. This means:

No Indirect Damages: Dilato (and our directors, officers, employees, agents, and affiliates) will not be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or in connection with your use of (or inability to use) the Application. This includes, for example, damages for lost profits or revenues, loss of data, business interruption, or any other commercial or personal losses or damages, even if we knew they were possible. We are not liable for any loss that is not reasonably foreseeable.
No Liability for User Decisions: We are not responsible for any decisions you make or actions you take based on the Application. This includes medical or clinical decisions, or any outcomes for you or your patients related to your use of Dilato. You assume full responsibility for the use of information obtained through Dilato.
No Liability for User Content: We are not liable for content that you or other users create, share, or receive via Dilato. We do not supervise or vet user-generated content, so we cannot be responsible for any harm or damages arising from it. Similarly, if you choose to share or publish content publicly, any consequences of that sharing are your responsibility.
System Issues: Dilato is not liable for problems caused by factors outside our control, including but not limited to: issues with your device or internet connection, failure of any third-party services, or events of force majeure (like natural disasters, labor disputes, or internet outages). We are also not responsible for any malware or viruses that might affect your system, though we certainly do not intentionally transmit any and we encourage you to use up-to-date security software.
Cap on Liability: If, despite the above, Dilato is found liable to you for any claim or dispute, our total liability to you for all damages (regardless of the basis) will not exceed the amount of $500 USD. If applicable law does not allow limiting liability to $500, we will limit our liability to the lowest amount the law permits. This cap on liability is cumulative – it applies to the total of all claims you may have against us, such that multiple incidents or claims will not increase the cap.
Exceptions: The above limitations of liability do not apply to the extent prohibited by law. For example, some jurisdictions do not allow limitation of liability for personal injury caused by negligence, or for gross negligence or willful misconduct. In such cases, if the law deems a particular limitation invalid, the rest of the limitations still apply.

11. Indemnification

You agree to indemnify and hold harmless Dilato Applications Inc. and its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with:

your violation of these Terms or of any law or regulation,
your misuse of the Application,
or your infringement of any rights of another person or entity (such as intellectual property or privacy rights) using Dilato.

In other words, if someone else (including a patient, another user, or a government agency) sues or penalizes Dilato because of something you did in violation of these Terms or applicable law, you agree to cover our costs and damages to the extent that you are responsible for the issue. We will notify you of any such claim and may allow you to assist in the defense, but we reserve the right to handle our defense as needed.

12. Termination and Suspension

By You (Termination): You can stop using Dilato at any time. If you wish to delete your account and your data, you must contact us directly. Terminating your account will revoke your license to use the Application. We do not provide refunds for cancellations made before the end of a billing period. Upon account deletion, we will securely delete or anonymize your data, as described in our data retention policy.
By Us (For Cause): If you violate these Terms or use Dilato in a way that creates risk or possible legal exposure for us, we may suspend or terminate your account. In most cases, we will provide you notice of the violation and a chance to remedy it, but if the violation is serious or ongoing, we may terminate or suspend your access immediately. For example, if we discover that you have been sharing unauthorized confidential information or abusing the system, we reserve the right to terminate your use. In the event of termination for cause, we may also pursue other remedies available to us, such as legal injunctions to stop infringing behavior. If we terminate your account, we will let you know via the email associated with your account or at the next attempt you make to access the account. Upon termination, you must stop using the Application and uninstall any desktop software. We may also require you to certify that you have deleted all copies of the Application from your devices.
By Us (Discontinuation of Service): Dilato reserves the right to modify, suspend, or discontinue the Application or certain features if necessary. If we decide to shut down the service entirely or remove a significant feature, we will make every effort to provide advance notice when feasible, such as via email or an announcement on our website, to ensure users have time to transition. If the service is permanently discontinued, we will provide instructions on how to retrieve your data, if possible, before access is removed. After discontinuation, we may delete or disable access to account data, so we encourage you to export or save any important information in advance. In the event of a full service shutdown, we will issue refunds for any unused portion of prepaid subscriptions. We understand this can be inconvenient, but sometimes it’s necessary (for example, if the product is no longer viable or is being merged into something else). While we cannot guarantee refunds for individual feature changes, we are committed to handling any discontinuation thoughtfully and transparently.
Effects of Termination: Once your use of Dilato ends (by termination), your rights to use the Application and any Dilato-provided content or features will end immediately. We may delete or anonymize all information associated with your account, including your templates and personal data, in accordance with our Privacy Policy and data retention practices (for example, if you request account deletion, we will remove personal identifiers but might retain de-identified usage data for analytics.) Any shared content you published (like templates shared with others or publicly) may remain available to those with whom it was shared. We might not be able to retract content that was already distributed to other users’ accounts. All sections of these Terms that by their nature should survive termination will continue to apply even after termination. This includes sections like Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, etc. Termination of the account does not relieve you of any obligation to pay any outstanding fees or charges incurred up to the date of termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Quebec, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles. This choice of law is made because Dilato’s headquarters is in Quebec, Canada.

Any disputes arising from or relating to these Terms or the use of the Application shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec, judicial district of Montreal. By using the Application, you expressly waive any right to bring legal action in any jurisdiction outside of Quebec. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Additional Terms for U.S. Users:

If you are a user located in the United States, and you qualify as a Covered Entity under HIPAA, these Terms, to the extent they relate to the handling of Protected Health Information (PHI), shall be governed by HIPAA and its implementing regulations. By using Dilato to process PHI, you automatically enter into a Business Associate Agreement (BAA) with Dilato, which governs our handling of PHI on your behalf. A copy of the BAA is available here: Business Associate Agreement. If you are an eligible healthcare organization, you can request a signed copy of the agreement.
However, nothing in these Terms shall be construed as submitting Dilato to the jurisdiction of U.S. courts. Any disputes involving U.S. users shall remain under the exclusive jurisdiction of the courts of the Province of Quebec, judicial district of Montreal. U.S. users waive their right to bring any claim, lawsuit, or other legal proceeding against Dilato in any U.S. court.

Additional Terms for Quebec Users:

If you are a user located in Quebec, both you and Dilato are automatically bound by the Entente contractuelle de confidentialité sur les renseignements de santé to ensure compliance with Law 25 and Law 5 regarding the protection of personal and health information. By using Dilato, you acknowledge and accept these additional terms, which are incorporated by reference. You can review the full agreement here: Entente contractuelle de confidentialité sur les renseignements de santé. If you are a healthcare organizations, you can request a signed copy of the agreement.
If you are a consumer in Quebec, certain provisions in these Terms might be adjusted by operation of Quebec’s consumer protection laws. These Terms do not intend to limit any rights you have under such laws. The clause choosing Quebec law and Montreal courts will not limit any mandatory rights you have to pursue complaints or claims in your home province under local law.

14. Other Important Terms

Assignment: You may not transfer or assign this agreement or your account to anyone else without our prior written consent. Dilato may transfer or assign its rights and obligations under these Terms (for example, in the event of a merger, acquisition, or sale of assets) to an affiliate or successor entity, and these Terms will continue to apply to your relationship with that entity. These Terms will be binding upon and inure to the benefit of the parties and their permitted successors or assigns.
Entire Agreement: These Terms (along with our Privacy Policy and any other guidelines or policies explicitly incorporated by reference) constitute the full agreement between you and Dilato regarding the use of the Application. They replace any prior Terms of Use.
Severability: If any provision of these Terms is found to be unlawful or unenforceable, the rest of the Terms will remain in effect. We would revise the affected provision to reflect the original intent as closely as possible, in a way that is enforceable. If that’s not possible, the provision will be removed, but the rest of the Terms will stay valid.
No Waiver: If we do not enforce a provision of these Terms on any particular occasion, it does not mean we waive our right to enforce it in the future. Any waiver of rights by Dilato must be in writing to be effective.
Relationship: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us. You are an independent user of the Application.
Headings: The section headings in these Terms are for convenience and readability only and have no legal effect.
Language: These Terms are provided in English and French. In the event of any inconsistency between the English and French versions, if French is required by law to apply, then the French version shall prevail; otherwise, the English version will govern.

15. Contact Us

If you have any questions, concerns, or feedback about these Terms or the Dilato Application, please contact us at info@dilato.app. We’ll be happy to assist you.