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Terms of Service

Governed by the laws of Victoria, Australia

Important: please read before using Handovex. Handovex is an AI-assisted clinical documentation tool. It is designed to support clinical handovers and does not replace clinical judgement, constitute medical advice, or function as a registered medical device. All AI-generated outputs must be reviewed and verified by a qualified clinician before being acted upon.
By accessing or using Handovex, you (“User”) agree to be bound by these Terms of Service (“Terms”) on behalf of yourself and your employing health service (“Organisation”). If you do not agree, do not use the Platform.

1. Definitions

  • "Handovex", "we", "us": Handovex, operating in Victoria, Australia
  • "Platform": the Handovex web application, API, and associated services
  • "User": any individual who accesses or uses the Platform under an Organisation account
  • "Organisation": the hospital, health network, or clinical facility that holds a Handovex account
  • "Clinical Content": handover transcripts, ISBAR summaries, patient identifiers, and clinical observations generated or stored through the Platform

2. Not a Medical Device

Handovex is a clinical documentation and communication aid. It is not a registered medical device, a clinical decision support system, a substitute for direct clinical assessment, or a source of medical advice. All clinical decisions remain the professional and legal responsibility of the treating clinician.

3. Account Access and Authorised Use

The Platform is intended for use by qualified healthcare professionals authorised by an Organisation that holds a current Handovex account. You are responsible for the confidentiality of your login credentials and for activity carried out under your account. You must notify us at handovex@gmail.com if you believe your account has been compromised.

You may use the Platform solely for the purpose of conducting and documenting clinical handovers within your professional role. You must not:

  • Use the Platform for any purpose outside legitimate clinical duties
  • Attempt to access data belonging to another Organisation or outside your authorised scope
  • Reverse engineer, decompile, or attempt to extract the Platform's source code or AI models
  • Upload or store information that is unlawful, defamatory, or unrelated to clinical handover
  • Use automated scripts or bots to access the Platform
  • Interfere with the security or integrity of the Platform

4. Clinical Content and Patient Data

You and your Organisation acknowledge that:

  • You are responsible for obtaining any patient consent required by applicable law and your Organisation's policies before recording or processing patient information through the Platform
  • The Organisation is the data custodian for Clinical Content; Handovex acts as a data processor on behalf of the Organisation
  • AI-generated patient summaries must be reviewed by a clinician before being relied upon or incorporated into official medical records
  • The Platform supplements, but does not replace, your Organisation's primary clinical record-keeping obligations

5. Data and Privacy

Our handling of personal information and health information is governed by our Privacy Policy, which forms part of these Terms.

6. Intellectual Property

All rights, title, and interest in the Platform (including software, AI models, user interface, and documentation) remain the property of Handovex. You and your Organisation retain ownership of Clinical Content. You grant Handovex a limited, non-exclusive licence to process Clinical Content solely for the purpose of providing the Platform. We do not use identifiable Clinical Content to train AI models without express written consent.

7. Service Availability

We will use reasonable efforts to maintain Platform availability, but we do not warrant uninterrupted or error-free service. Service interruptions may occur due to maintenance or circumstances beyond our control.

8. Disclaimers of Warranty

To the maximum extent permitted by applicable law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), the Platform is provided “as is” and “as available”, and we make no warranties (express or implied) regarding the accuracy, completeness, or clinical appropriateness of AI-generated outputs, or that the Platform will meet your specific requirements. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or remedy under the Australian Consumer Law that cannot lawfully be excluded.

9. Limitation of Liability

To the maximum extent permitted by law, Handovex is not liable for any indirect, consequential, incidental, special, or punitive loss or damage (including loss of data, clinical harm, or reputational damage) arising from or in connection with the Platform, or for loss or damage arising from your reliance on AI-generated outputs without independent clinical verification. Where the Australian Consumer Law applies, our liability for failure to comply with a consumer guarantee is, where it is fair and reasonable to do so, limited to resupply of the service or payment of the cost of having the service supplied again.

10. Indemnity

You and your Organisation agree to indemnify and hold harmless Handovex, its directors, employees, and contractors from and against any claims, damages, losses, and expenses (including legal fees) arising from your breach of these Terms, your use or misuse of the Platform, or your violation of any applicable law or the rights of any third party.

11. Suspension and Termination

We may suspend or terminate your access to the Platform if you materially breach these Terms, if your Organisation's subscription lapses, or if we reasonably believe continued access poses a security or privacy risk. Your Organisation may cancel its subscription at any time; cancellation takes effect at the end of the then-current billing period and access continues until that date. Fees already paid are non-refundable and we do not provide pro-rata refunds for unused portions of a paid period, except where required by the Australian Consumer Law or other non-excludable law. On termination, we will handle Clinical Content and account data in accordance with our Privacy Policy and applicable law.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified to users by email or through the Platform before they take effect. Continued use of the Platform after a change takes effect constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia. The parties will attempt to resolve any dispute through good-faith negotiation before commencing proceedings.

14. General

  • Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between the parties in relation to the Platform
  • Severability: If any provision is invalid or unenforceable, the remaining provisions continue in full force and effect
  • Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it later
  • Assignment: You may not assign your rights under these Terms without our prior written consent
  • Force majeure: Neither party is liable for delays or failures caused by circumstances beyond its reasonable control

15. Contact

For questions about these Terms, contact us at:

Handovex

Melbourne, Victoria, Australia

handovex@gmail.com
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