Terms of Use (Thailand)

1. Parties and Scope

Provider: MiraNext GmbH, Innsbrucker Bundesstraße 83a, 5020 Salzburg, Austria. Company registration FN 614242 y.

Customer: a hospital, clinic or healthcare organisation that has contracted for MiraScribe services.

These Terms apply exclusively to business and institutional customers and do not apply to individual consumers.

2. Scope of Service

MiraScribe provides AI-powered medical documentation software including:

• Real-time transcription of medical consultations.
• Structured medical record generation (history, findings, treatment plan, ICD-10 coding).
• Secure record storage and retrieval within agreed retention periods.
• Integration with HIS/EMR systems as agreed in the Service Agreement.

3. Customer Obligations

The Customer shall:

• Obtain valid patient consent before using MiraScribe to record consultations.
• Ensure all users are adequately trained and hold appropriate access permissions.
• Review and approve every AI-generated medical record before incorporating it into patient files.
• Comply with applicable law including the Medical Facility Act B.E. 2541 (as amended) and the PDPA.
• Pay service fees on the schedule agreed in the contract.

4. Intellectual Property

MiraNext GmbH retains all rights in the MiraScribe software, templates, underlying technology and AI models.

The Customer receives a non-exclusive, non-transferable licence within the agreed scope of use.

Medical records generated for the Customer's patients are the property of the Customer and/or the patient.

5. Confidentiality

Both parties agree to keep the other party's confidential information strictly confidential and not to disclose it to third parties without prior written consent, except as required by law.

Confidentiality obligations survive termination for 5 years.

6. Limitation of Liability

MiraNext GmbH is liable only for direct damages caused by material breach of contract or gross negligence, in accordance with the Civil and Commercial Code.

MiraNext GmbH is not liable for indirect damages, loss of profit or damages resulting from the Customer's failure to review AI-generated records.

Total liability of MiraNext GmbH is capped at the GREATER of THB 1,000,000 per incident or the fees actually paid by the Customer in the twelve months preceding the event.

This cap does not apply to liability that cannot be limited or excluded under Thai law, including liability for wilful misconduct and for gross negligence.

During a no-cost proof of concept no fees are paid, so the fixed amount applies. A cap expressed only as a multiple of fees paid would reduce to zero for the duration of an unpaid evaluation, which is why the fixed floor is stated first.

7. Term and Termination

The agreement is effective for the period stated in the order or Master Service Agreement and renews automatically unless either party gives at least 30 days notice before the end of the term.

Either party may terminate immediately if the other party materially breaches the agreement and fails to remedy the breach within 30 days of notice.

8. Governing Law and Dispute Resolution

This agreement is governed by Thai law, in particular the Civil and Commercial Code B.E. 2466.

Disputes that cannot be resolved by negotiation shall be finally settled by arbitration administered by the Singapore International Arbitration Centre (SIAC) under its Rules in force at the time, before a single arbitrator, with the seat of arbitration in Singapore and the language of the proceedings English.

Arbitration is chosen over the courts deliberately. Thailand has no general regime for recognising foreign court judgments, so a judgment obtained abroad would have to be litigated again from the start before a Thai court. Thailand has been a party to the 1958 New York Convention since 1959, so an arbitral award is recognised and enforced without the dispute being retried. This protects both parties equally.