Terms of Use

Last Updated: 02 August 2024

Acceptance of Terms
1.1 By accessing and utilising the Astra Health AI platform for the automatic generation of clinical notes (the "Service"), you agree to comply with and be bound by these Terms of Use.
1.2 If you do not agree to these terms, you must not use the Service.
1.3 Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

User Eligibility
2.1 You must possess a valid and current licence in the jurisdiction(s) where you are providing services to use this Service.
2.2 You must be at least 18 years of age and legally able to enter into contracts.
2.3 If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

Licence and Use
3.1 Subject to these Terms, Astra Health AI grants clinicians and healthcare providers an exclusive, non-transferable, revocable licence to use the Service for the purpose of generating clinical notes from patient-clinician conversations.
3.2 This licence is limited to professional use only and may not be sub-licensed or transferred to any third party.
3.3 You agree not to modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Service.

Compliance
4.1 The Service is designed to comply with the required compliance in the jurisdiction(s) including the The Privacy Act 1988 in Australia.
4.2 Users are responsible for ensuring their use of the Service complies with all relevant local, state, and federal laws and regulations.
4.3 Astra Health AI reserves the right to modify the Service to maintain compliance with changing regulations.

User Accounts
5.1 Clinicians and healthcare providers are required to create user accounts to access the Service.
5.2 You are responsible for maintaining the confidentiality of your Astra Health AI account credentials and for all activities that occur under your account.
5.3 You must immediately notify Astra Health AI of any unauthorised use of your account or any other breach of security.
5.4 Astra Health AI reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion.

Use of Patient Data
6.1 By using the Service, you acknowledge and agree that patient data provided during the generation of clinical notes is processed in accordance with Astra Health AI's Privacy Policy.
6.2 You are solely responsible for the accuracy and completeness of all data input into the Service.
6.3 The clinical notes generated by the platform must be reviewed by the user before final use to ensure accuracy and appropriateness.
6.4 Astra Health AI does not claim ownership of any patient data you input into the Service.

Patient Consent
7.1 Patient Consent capture capability is provided for the use of Services.
7.2 This must be used in accordance with your compliance requirement in the jurisdiction(s).
7.3 You are responsible for obtaining and maintaining all necessary patient consents for the use of the Service.
7.4 Astra Health AI reserves the right to audit your use of the Patient Consent feature to ensure compliance.

Prohibited Conduct
Clinicians and healthcare providers agree not to engage in any conduct that violates these Terms, including but not limited to:
8.1 Using the Service for any purpose other than generating clinical notes for patient care.
8.2 Uploading patient data that is not relevant to the intended use of the Astra Health AI platform.
8.3 Violating any applicable healthcare regulations or laws.
8.4 Attempting to gain unauthorised access to any part of the Service or its related systems or networks.
8.5 Using the Service to transmit any viruses, malware, or other harmful computer code.
8.6 Interfering with or disrupting the integrity or performance of the Service.

Security Measures
9.1 Astra Health AI employs industry-standard security measures to protect patient data, including encryption, access controls, and regular security audits.
9.2 Clinicians and healthcare providers are encouraged to follow best practices for securing their Astra Health AI accounts and patient data, including using strong passwords and enabling two-factor authentication where available.
9.3 Users must report any suspected security breaches to Astra Health AI immediately.

Limitation of Liability
10.1 Astra Health AI is not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the Service for clinical notes generation.
10.2 The total liability of Astra Health AI, whether in contract, warranty, tort, or otherwise, shall not exceed the fees paid by you for the Service during the 12 months preceding the claim.
10.3 Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Termination
11.1 Astra Health AI reserves the right to terminate or suspend the access of clinicians or healthcare providers to the Service without notice for any reason, including but not limited to violation of these Terms.
11.2 Upon termination, your right to use the Service will immediately cease.
11.3 All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11.4 For any Reason, if you want to terminate your account, you must cancel the subscription from subscriptions page, or contact us to cancel your subscription and account.

Governing Law
12.1 These Terms are governed by and construed in accordance with the laws of the Commonwealth of Australia.
12.2 Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Australia.

Changes to Terms
13.1 Astra Health AI reserves the right to update or modify these Terms at any time without prior notice.
13.2 Continued use of the Service after changes constitute acceptance of the new Terms.
13.3 It is your responsibility to check these Terms periodically for changes.

Communication upon Sign-up
14.1 By signing up for Astra Health AI, you agree to receive communications from us, including but not limited to news, updates on new features, and account-related matters.
14.2 We may contact you via email or other communication channels associated with your account.
14.3 These communications are essential for keeping you informed about the latest developments, ensuring a seamless user experience, and providing important account-related information.
14.4 Should you wish to adjust your communication preferences, please contact us directly.
14.5 You may opt out of non-essential communications at any time, but you acknowledge that opting out may impact your ability to fully utilise the Service.

Intellectual Property
15.1 All content included in or made available through the Service, including text, graphics, logos, images, and software, is the property of Astra Health AI or its licensors and is protected by Australian and international copyright laws.
15.2 You may not use, reproduce, distribute, or create derivative works based upon the Service without express written permission from Astra Health AI.

Support and Maintenance
16.1 Astra Health AI will provide reasonable technical support for the Service during normal business hours.
16.2 We reserve the right to schedule maintenance windows during which the Service may be unavailable. We will strive to provide advance notice of any scheduled maintenance.

Data Retention and Destruction
17.1 Astra Health AI will retain your data in accordance with its data retention policy and applicable laws and regulations.
17.2 Upon request and subject to applicable laws, we will destroy or de-identify your data when it is no longer needed for the purposes for which it was collected.

Indemnification
18.1 You agree to indemnify and hold harmless Astra Health AI, its affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.

Severability
19.1 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Entire Agreement
20.1 These Terms constitute the entire agreement between you and Astra Health AI regarding the use of the Service, superseding any prior agreements between you and Astra Health AI relating to your use of the Service.
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Contact Information:
Astra Health AI
Sydney, Australia
Email: contact@astrahealth.ai

By using the Astra Health AI platform, you acknowledge that you have read these Terms of Use, understood them, and agree to be bound by them. If you have any questions about these Terms, please contact us.

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