Last updated 18 September 2026
Published by XCITEE Pty Ltd, trading as Zavy360 · ABN 32 611 931 803 · Governed by the laws of New South Wales, Australia
These Supplemental Terms apply to the AI Scribe Notes feature of Zavy360, referred to in the product as AI Scribe. They form part of the Zavy 360 Terms of Service for any practice that enables AI Scribe, and should be read with our Privacy Policy and the plain-English How AI Scribe handles your data page.
In short: get consent from everyone in the room before you record, read every draft before you save it, and know that the transcript of the consultation is sent as spoken to providers in the United States to produce the draft. Zavy does not use patient content to train AI models, and does not delete patient data on a timer.
Capitalised terms have the meaning given in the Zavy 360 Terms of Service (the Terms). "AI Scribe Notes" or "AI Scribe" means the optional Zavy360 feature, delivered through a browser extension and supporting services, that records a consultation, transcribes it and produces a draft clinical note for a clinician to review. "Practice" and "you" mean the customer that holds the Zavy360 subscription. "Authorised User" means a clinician or staff member you have permitted to use AI Scribe.
By enabling AI Scribe for your Practice, or by using it as an Authorised User, you agree to these Supplemental Terms. If you do not agree, do not enable or use AI Scribe. The rest of Zavy360 is unaffected.
AI Scribe is offered as an early access feature. It is under active development and may change, be limited, or be withdrawn in whole or in part. There is no additional charge for AI Scribe during early access. If Zavy 360 later introduces a fee, we will tell you in writing at least 14 days beforehand and AI Scribe will not continue on a paid basis unless you agree to it. Your existing subscription fees are not affected by these Supplemental Terms.
Usage limits may apply to particular transcription options and will be shown in the product. Early access does not reduce the protections in clause 13.
Recording a consultation is a decision for your Practice and its clinicians, not for Zavy 360. Before any recording starts, the clinician must have the informed consent of every person who will be recorded: the patient, and any parent, guardian, carer, interpreter, support person or other clinician present. Where a patient cannot consent for themselves, consent must come from a person lawfully able to give it.
Consent must cover what actually happens: that the consultation is recorded, that it is transcribed and turned into a draft note using AI, and that the audio or transcript is sent to service providers in the United States for that purpose. Our data page is written so it can be shown or read to a patient.
AI Scribe asks the clinician to confirm consent before recording a patient whose consent is not already recorded in Zavy360, and it logs that confirmation. The clinician may also record a short clip of the patient agreeing. These prompts and logs help you evidence consent. They do not, by themselves, make consent valid, and they do not replace any notice, signage or documentation that surveillance, privacy, health-records or professional-conduct rules require of you in your state or territory.
If anyone declines or withdraws consent, recording must stop immediately and the clinician should take notes manually. AI Scribe must not be used to record a person whose consent has been refused or withdrawn. The product includes a logged option to proceed without a recorded consent for situations where the clinician has obtained consent but cannot record it in the moment; it is not permission to record without consent.
Every note AI Scribe produces is a draft. It may be wrong, incomplete, may misattribute a statement to the wrong speaker, or may mishear a term. Nothing AI Scribe writes is saved to the patient record until an Authorised User has read it, corrected it as needed and deliberately chosen to save it. The saved note is the clinician's note, and the clinician is responsible for it exactly as if they had typed it.
AI Scribe does not diagnose, does not give clinical advice and does not replace professional judgement. Clause 8.3 (Artificial Intelligence Features) and clause 8.6 (No Clinical Liability) of the Terms apply.
AI Scribe offers more than one transcription option. Depending on the option your Practice selects, speech-to-text either runs on the clinician's own computer, or the consultation audio is streamed to a contracted speech-to-text provider located in the United States. In every option, the resulting transcript is sent to one or more contracted large language model providers located in the United States, which produce the draft note. Zavy 360 may send the same transcript to more than one provider and show the clinician alternative drafts to choose between.
The transcript is sent as spoken. Zavy 360 does not currently remove or replace names, dates of birth or other identifying details from the transcript before it is sent. Basic patient context from the record (such as age, alerts and existing treatment plans, but not the patient's name) may be sent with it to improve the draft. Treat everything said in a recorded consultation as personal and sensitive health information that will be processed overseas.
Zavy 360 stores transcripts, draft notes, the clinician's edits and related metadata in Zavy-controlled infrastructure located in Sydney, Australia, for the purposes in clause 7. Where the on-device transcription option is used, the speech recognition model is downloaded to the clinician's computer from a public model repository on first use; audio is not uploaded for that step.
Zavy 360 does not publicly name its individual providers, which it treats as commercially confidential. A current list of providers and processing locations is available to your Practice on request from info@zavy.com, consistent with clause 10.1 of the Terms.
The audio of each consultation is stored in Zavy-controlled storage in Sydney, Australia and is available alongside the note in the patient's record, as described in clause 7.
The transcription and note-generation processing described in clause 5 are how AI Scribe works and cannot be disabled while using it.
If a clinician records a short consent clip under clause 3, that clip is stored in the same Sydney storage as evidence of consent. Consent clips are not transcribed and are not sent to any AI provider.
Zavy 360 does not automatically delete patient information collected through AI Scribe. Stored audio, consent clips, transcripts and notes are part of the information your Practice holds in Zavy360, remain under your control, and are kept for as long as your account is active, so that you can meet your own record-keeping obligations. Saved notes are part of the patient's clinical record and are governed by the Terms in the same way as any other clinical note.
Stored audio, consent clips, transcripts and saved notes form part of the patient's health record. Zavy 360 does not delete them at the request of a Practice or a patient. On termination, clause 7.4 of the Terms (Post-Termination Data Export) applies to AI Scribe information in the same way as to your other data: once the export period has ended, it may be permanently deleted. A patient who wants access to, or a correction of, their record should ask the Practice, which is the record holder.
Copies held by our speech-to-text and language model providers are subject to those providers' own operational retention periods, which are typically short and are used for service delivery and abuse monitoring rather than kept as records. Zavy 360 does not control when a provider clears its transient copy. Details are available on request under clause 5.
Zavy 360 does not use consultation audio, transcripts, draft notes or saved notes to train or fine-tune any AI or machine learning model, and does not permit its providers to use that content for model training or model-improvement programs. This restriction is not satisfied by removing names: patient content stays out of training whether or not it is identifiable. Clause 8.3 of the Terms applies.
Zavy 360 processes AI Scribe information to deliver the feature, to keep it secure, to investigate and fix faults when your Practice reports a problem, and for the controlled quality review described in clause 9. Those purposes do not include model training. Access to patient content for support or quality purposes is limited to Zavy 360 personnel who need it for that work.
To improve the quality of drafts, Zavy 360 may select a small number of transcripts and their clinician-approved notes as reference examples. A Zavy 360 administrator reviews each example before it is used. Selected examples are included, alongside the current consultation's transcript, in the instructions sent to the language model providers described in clause 5, so that the provider can see what a well-structured note for that template looks like. This means an example drawn from one consultation may be processed by the provider when producing a note for a different patient or a different Practice.
This is not model training: the provider does not learn from or retain the example beyond the request. Zavy 360 will not use a transcript as a reference example where your Practice has told us in writing that it does not wish to participate, and will remove an example on request.
A patient may tell your Practice that they do not want AI Scribe used in their consultations. Your Practice must honour that choice. Zavy360 lets your staff record a patient's AI Scribe consent status on the patient's record, and AI Scribe checks that status before recording. Where a patient has declined, the clinician must take notes manually.
A patient's opt-out stops future use of AI Scribe for that patient. It does not by itself delete notes already saved to their clinical record, which remain subject to your record-keeping obligations. A patient who wants access to, or a correction of, stored audio or transcripts should ask your Practice, which holds the record.
By enabling or using AI Scribe, your Practice confirms that it:
Your Practice remains responsible for the information it submits and for its clinical decisions. This clause does not shift to your Practice any obligation that the law places on Zavy 360.
Information handled by AI Scribe is encrypted in transit and, where stored by Zavy 360, encrypted at rest. Access to Zavy-controlled storage is restricted and logged. Because our providers must read audio and text to process it, AI Scribe is not end-to-end encrypted in the sense of being unreadable to every party other than your Practice. Clause 11 of the Terms (Confidential Information and Data) and the Notifiable Data Breaches obligations described there apply to AI Scribe information.
Clauses 8 (Disclaimer of Warranties) and 9 (Limitation of Liability and Indemnification) of the Terms apply to AI Scribe. Nothing in these Supplemental Terms creates an additional indemnity, excludes Zavy 360's liability for its own breach of the Terms or of the law, or excludes, restricts or modifies any right or remedy under the Australian Consumer Law or the Privacy Act 1988 (Cth) that cannot lawfully be excluded. Clause 8.2 of the Terms applies.
Zavy 360 may update these Supplemental Terms. A change that alters how patient information is handled is a material change under clause 13.1 of the Terms and will be notified to your Practice in writing at least 14 days before it takes effect. If an Authorised User is asked to accept updated Supplemental Terms in the product, that acceptance is in addition to, not instead of, the notice owed to your Practice.
If these Supplemental Terms conflict with the Terms on a matter specific to AI Scribe, these Supplemental Terms prevail for that matter. A signed Order Form prevails over both. These Supplemental Terms do not change fees, consumer protections or any part of the Terms unrelated to AI Scribe.
Questions about AI Scribe or these Supplemental Terms? Contact info@zavy.com.
See also the Terms of Service, the Privacy Policy and How AI Scribe handles your data.
