Terms of Use

For the purpose of these Terms:

• User refers to the licensed or regulated mental health professional, healthcare provider, or their authorized administrative staff who is the account holder, and more broadly, any professional or clinician using the Service.
• Client refers to the person (e.g., patient or "usager") receiving mental health or medical services from an Akompa User.

The marketing and informational sections of our website are available to the general public. However, access to our authenticated web application is strictly limited to licensed or regulated mental health professionals, healthcare providers, and their authorized administrative staff.

By creating an account, you represent and warrant that:

• Legal Age: You are of legal age to form a binding contract.
• Professional Authorization: You are licensed, registered, or otherwise legally authorized to provide mental health or medical services in your jurisdiction, or you use the Service in the context of a supervised practice in accordance with the following paragraph.
• Supervised Practice: If you are a student, intern, or a professional practicing under supervision and are not fully independently licensed, you represent and warrant that you are using the Service under the direct authority and oversight of a fully licensed professional. You further represent that your supervising professional has authorized your use of the Service and remains responsible for supervising your use of it in accordance with applicable law and professional requirements, including the proper acquisition of valid and compliant Client consent.
• Responsibility for Authorized Access: You are responsible for managing access granted to your authorized administrative staff and to any other person authorized to act on your behalf. You must ensure that such access is limited to authorized persons and is removed without delay when no longer necessary. You remain responsible to Akompa for any use of the Service made through your account or such access.
• Ethical Compliance: Your use of the Service will strictly comply with the ethical guidelines, confidentiality standards, and regulations set forth by your governing professional order or college (e.g., the Ordre des psychologues du Québec).
• Commercial and Professional Use Only: You acknowledge and agree that you access and use the Service solely in the course of your professional practice, business, or employment, and not for personal, family, or household purposes. You represent and warrant that, based on the nature and purpose of your use, you are not entering into this agreement as a consumer within the meaning of applicable consumer protection laws. We are entitled to rely on that representation. Any personal or non-professional use of the Service constitutes a material breach of these Terms.

Akompa provides advanced artificial intelligence (AI) tools designed to streamline administrative tasks and generate clinical drafts based on audio recordings. Akompa is not a healthcare provider and does not provide medical or psychological advice.

• The AI is an Assistant, Not a Replacement: AI-generated transcripts, notes, reports, and insights are suggestions meant to facilitate your work, not replace it. They may contain errors, omissions, or "hallucinations."
• Your Clinical Judgment is Final: You are solely responsible for reviewing, verifying, editing, and validating all AI-generated content before saving it to a client's official clinical record or using it to inform clinical decisions.
• No Clinical Responsibility: Akompa is not responsible for clinical decisions, diagnoses, treatments, or other professional acts or omissions made by Users in connection with the use of the Service, including where AI-generated content is inaccurate, incomplete, misleading, or harmful, except to the extent liability cannot be excluded under applicable law.

You agree to use the Service only for lawful, professional purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates applicable laws or regulations.
• Upload, transmit, or share any content that is harmful, threatening, abusive, or infringes upon the privacy of others.
• Attempt to gain unauthorized access to the Service, Akompa's computer systems, or other users' accounts.
• Use the Service to provide direct patient care without appropriate clinical validation and human oversight.
• Share, distribute, or add to a clinical record any AI-generated content without prior review, modification (if necessary), and clinical verification.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service.
• Attempt to extract, reproduce, manipulate, or bypass the configuration instructions, underlying logic, or parameters of our AI models (including through prompt injection techniques).
• Use the Service, its features, or the data generated by our AI to develop a competing service, or to train a third-party large language model or AI system.
• Use automated systems (such as bots, scripts, or scraping tools) to access the Service or extract data from it.
• Circumvent, attempt to circumvent, or use the Service in a manner inconsistent with any usage limits, volume caps, frequency restrictions, protective mechanisms, fair access rules, or other operational parameters applicable to your plan or to the Service, including for the purpose of diverting a so-called 'unlimited' plan from its normal intended use.

Given the sensitive nature of the data processed by the Service, you acknowledge and agree that privacy and confidentiality compliance are core conditions of your use of Akompa.

A. Your Account and Business Information

B. Client-Related Information Processed Through the Service

C. Compliance Review

D. Data Requests, Export, and Deletion

E. Security Incidents and Breach Cooperation

Akompa processes your clinical data strictly to provide the Service to you. Our retention policies are applied as follows:

• Audio Deletion: For all users, audio recordings are automatically destroyed within 24 hours of processing, and usually as soon as a transcript is generated.
• Clinical Data Retention: The retention of your clinical text data (e.g., transcripts and notes) depends on your account type. For Free Users, this data is automatically destroyed within 24 hours. For subscribed (Paid) Users, this data is retained for 48 hours by default, and can be configured up to a maximum of 2 years according to the specific Retention Settings configured within your account.
• Export and Retention Before Deletion: It is your responsibility to export or otherwise preserve any data you wish to retain before it is automatically deleted in accordance with your account's retention settings or the Service's applicable retention rules. Akompa shall not be responsible for any loss of access to data resulting from deletion carried out in accordance with those settings or rules.
• No Third-Party AI Training: Clinical data and audio recordings transmitted to our AI sub-processors are used ephemerally and strictly to provide the Service to you. Akompa contractually ensures and strictly prohibits its third-party infrastructure partners from using, saving, or sharing any clinical or personal data to train their foundational AI models.

You are responsible for the payment of all fees associated with your access to and use of the paid tiers of our Service.

• Unlimited plans: Unless expressly stated otherwise, any plan described as "unlimited" means only that no per-use fees are charged for normal, compliant use of the Service. Such plans remain subject to reasonable limits on use, frequency, volume, system capacity, fair access, security, Service integrity, and abuse prevention. Akompa may apply, modify, or enforce such limits, including a maximum number of uses, generations, or processing actions within a given period, where reasonably necessary to protect the Service or prevent abusive, excessive, automated, or non-ordinary use inconsistent with the Service's intended purpose.
• Non-Refundable: All fees charged by Akompa are non-cancelable, non-exchangeable, and non-refundable, except where required by applicable law. This includes, but is not limited to, partially used subscription periods, periods of inactivity, or early termination of an annual plan.
• Cancellations: It is your sole responsibility to cancel your subscription before the next billing cycle (monthly or annual) if you no longer wish to use the Service. Once a billing cycle has been charged, no refunds will be issued for that cycle.
• Communications: By using our payment features, you acknowledge that all payment-related communications and tax documentation may be sent to you electronically by our payment processor.

A. Platform Ownership

B. Feedback and Suggestions

To the maximum extent permitted by applicable law, Akompa, its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of revenue, or professional malpractice claims arising from your use of or inability to use the Service.

In no event shall Akompa's aggregate liability exceed the greater of one hundred Canadian dollars ($100 CAD) or the total amount you paid to Akompa during the twelve (12) months immediately preceding the claim.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including, in Quebec, liability for intentional or gross fault, or for bodily or moral injury.

We make every reasonable effort to maintain a high standard of quality and availability for the Service. However, you acknowledge that the Service may be subject to delays, interruptions, or outages. Akompa shall not be held liable for any delays, interruptions, server outages, or inability to access the Service caused by events beyond our reasonable control (Force Majeure). This includes, but is not limited to, internet and telecommunications failures, outages of third-party cloud infrastructure, cyber-attacks, or natural disasters. In the event of an extended outage, we will make reasonable efforts to notify you via our website, email, or social media channels.

You agree to fully defend, indemnify, and hold harmless Akompa (Solutions Symbiatech inc.), its officers, directors, and employees from and against any claims, liabilities, damages, judgments, fines, and expenses (including legal fees) arising out of or relating to:

• Your clinical practice and any medical/psychological decisions made using the Service.
• Your failure to obtain valid and compliant Client consent before using the Service.
• Your breach of these Terms or your violation of any third-party privacy rights.

We reserve the right to suspend, restrict or terminate your account immediately, without prior notice or liability, if you breach these Terms, particularly the Client consent and compliance requirements outlined in Section 5. Upon termination, your right to use the Service will cease immediately, and your data will be de-identified or destroyed in accordance with our Privacy Policy.

A. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.

• B. Dispute Resolution: Except that either party may seek injunctive relief, urgent provisional measures, or other conservatory relief from a court of competent jurisdiction before or during the arbitration, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration seated in Montreal, Quebec, in accordance with the applicable rules of the ADR Institute of Canada (ADRIC).
• C. No Class or Representative Proceedings: To the fullest extent permitted by applicable law, any claim that is arbitrated under these Terms must be brought on an individual basis only, and not as a class, collective, or other representative proceeding.

By creating an account and using the Service, you consent to receiving all communications, agreements, documents, receipts, notices, and disclosures (collectively, "Communications") from Akompa electronically. We may provide these Communications to you by emailing them to the address associated with your account, or by posting them directly within the Akompa application or website.

You agree that all Communications we provide to you electronically satisfy any legal requirement that such communications be "in writing."

The categories of Communications that may be provided electronically include:

• These Terms and any amendments, modifications, or supplements;
• Invoices, payment receipts, and subscription notices;
• Disclosures or notices provided in connection with the Services, including privacy notices and security incident alerts; and
• Service-related communications.

Withdrawal of Consent: You may withdraw your consent to receive essential electronic communications at any time by contacting us. However, because our Service operates entirely digitally, withdrawing your consent to receive strictly essential notices - including legal updates, security alerts, and payment-related notices sent directly by our payment processors - will result in the termination of your account and access to the platform. Your right to opt out of non-essential, promotional communications is handled separately and will not affect your service, as detailed in our Privacy Policy.

Promotional Communications: You may also receive promotional or marketing emails from us. In compliance with Canada's Anti-Spam Legislation (CASL), you may opt out of these non-essential communications at any time by clicking the "unsubscribe" link at the bottom of the email, or by contacting us directly. Opting out of marketing emails will not affect your access to the Service or your receipt of essential Service communications.

We may modify these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

A. Severability

B. Entire Agreement

If you have any questions about these Terms, please contact us:

• Email: legal@akompa.com
• Website: www.akompa.com/terms-of-use

We are committed to addressing your concerns and questions promptly.