AccuNote Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the AccuNote platform, website, applications and related services (collectively, the "Service") provided by AccuNote Pty Ltd ABN 47 688 712 683 ("AccuNote", "we", "our" or "us").

By creating an account, starting a trial, subscribing to, accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you are entering into these Terms on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

AccuNote is a cloud-based care documentation and compliance platform designed for aged care, disability, retirement living and home care providers.

The Service may include:

• Voice-to-text transcription
• AI-assisted documentation
• Care note creation and management
• Reporting and analytics
• Compliance and audit readiness tools
• Workflow automation
• Third-party integrations
• Secure cloud-based storage and processing

AccuNote is a documentation assistance tool only.

The Service does not provide medical, clinical, nursing, legal or professional advice and must not be relied upon as a substitute for professional judgement.

3. Account Registration and Security

You agree to:

• Provide accurate and complete information
• Keep account information current
• Maintain the confidentiality of account credentials
• Use appropriate password and security controls
• Notify AccuNote immediately of any unauthorised access or suspected security incident

You are responsible for all activities occurring under your account.

4. Subscription Plans, Fees and Payment

4.1 Subscription Plans

Certain features require a paid subscription.

Subscription fees are:

• Charged in Australian Dollars (AUD)
• Inclusive of GST unless otherwise stated
• Billed in advance
• Subject to the plan selected

4.2 Pricing Changes

AccuNote may amend pricing upon providing at least thirty (30) days notice.

4.3 Usage Limits

Subscription plans may include usage limits based on:

• Users
• Residents
• Participants
• Clients
• Facilities
• Storage
• AI usage
• Other service metrics

Where usage exceeds subscribed limits, additional charges may apply.

AccuNote reserves the right to invoice excess usage or require migration to an appropriate subscription plan.

4.4 Non-Payment

Failure to pay fees may result in:

• Suspension of access
• Restriction of functionality
• Termination of services

AccuNote reserves the right to recover unpaid amounts, reasonable collection costs and legal expenses associated with recovering overdue accounts.

4.5 Refunds

Unless required by law, subscription fees are non-refundable.

5. Customer Responsibilities

You are responsible for:

• Compliance with all applicable laws and regulations
• Managing user access permissions
• Maintaining internal governance and controls
• Reviewing records created using the Service
• Ensuring information entered into the Service is accurate, lawful and appropriately authorised

You must obtain all necessary consents, permissions and authorities required to collect, process, store and use personal information, health information and other regulated information within the Service.

6. Artificial Intelligence Services

AccuNote may utilise artificial intelligence technologies, including transcription services and large language models, to provide functionality within the Service.

You acknowledge and agree that:

• AI-generated content may contain errors, omissions or inaccuracies
• AI-generated content may not reflect all relevant circumstances
• AI-generated content may require correction or amendment
• AI-generated content must be reviewed and approved before use

The Customer acknowledges that all records, notes, assessments, reports, summaries, transcriptions and other content generated or assisted by AccuNote must be reviewed, verified and approved by an appropriately authorised employee before being relied upon for care delivery, clinical activities, compliance, regulatory reporting, legal purposes or business decision-making.

The Customer remains solely responsible for:

• Clinical decisions
• Care decisions
• Documentation accuracy
• Regulatory compliance
• Regulatory reporting
• Quality assurance obligations

AccuNote does not make clinical decisions and is not a clinical decision-support system.

Information submitted through the Service is not used to train public AI models unless expressly disclosed by AccuNote.

7. Privacy and Health Information

The handling of personal information and health information is governed by our Privacy Policy.

You acknowledge that:

• You are responsible for obtaining all necessary consents and authorities
• You determine the purposes for which Customer Data is collected and used
• AccuNote processes Customer Data for the purpose of providing the Service

You warrant that your use of the Service complies with:

• Privacy Act 1988 (Cth)
• Australian Privacy Principles
• Aged Care Act requirements
• NDIS requirements
• Health records legislation
• Any other applicable laws and regulations

8. Customer Data

8.1 Ownership

You retain ownership of all Customer Data entered into the Service.

AccuNote acquires no ownership rights in Customer Data.

8.2 Licence to Process Data

You grant AccuNote a non-exclusive licence to process, store, transmit, backup and reproduce Customer Data solely for the purpose of:

• Delivering the Service
• Providing support
• Maintaining security
• Improving functionality
• Meeting legal obligations

8.3 De-Identified Analytics

AccuNote may create and use aggregated and de-identified information derived from Customer Data for:

• Product improvement
• Service development
• Benchmarking
• Analytics
• Reporting

Such information will not identify individual residents, participants, clients or staff.

9. Data Residency and Subprocessors

AccuNote is designed to store Customer Data within Australia wherever reasonably practicable.

AccuNote may engage third-party providers, including hosting, infrastructure, security, analytics, support and artificial intelligence providers, to assist in delivering the Service.

Such providers may process information in Australia or other jurisdictions as disclosed in our Privacy Policy.

10. Security

AccuNote implements reasonable administrative, technical and organisational safeguards designed to protect Customer Data.

However:

• No software is entirely free from defects
• No software is entirely secure
• No internet-based service can guarantee absolute security

AccuNote does not warrant that the Service will be free from interruptions, vulnerabilities, cyber attacks or unauthorised access.

Where required by law or where a security incident presents a material risk to Customer Data, AccuNote will take reasonable steps to notify affected customers.

11. Acceptable Use

You must not:

• Use the Service unlawfully
• Attempt unauthorised access
• Interfere with the operation of the Service
• Introduce malicious software or code
• Reverse engineer the Service
• Resell or sublicense the Service
• Use automated tools to scrape, extract or harvest data without written permission
• Use the Service in a manner that may damage, disable or impair the Service

AccuNote may suspend or terminate access where use presents a security, legal or operational risk.

12. Service Availability and Support

AccuNote aims to provide a reliable and available service but does not guarantee uninterrupted availability.

Availability may be affected by:

• Planned maintenance
• Upgrades and enhancements
• Third-party provider outages
• Telecommunications failures
• Internet disruptions
• Cyber incidents
• Force majeure events

Support is provided through AccuNote support channels during Australian business hours unless otherwise agreed.

13. Beta Features

AccuNote may make beta, preview or early access features available from time to time.

Beta features are provided on an "as is" basis and may be modified, suspended or withdrawn at any time without notice.

14. Intellectual Property

All intellectual property rights relating to the Service remain the property of AccuNote or its licensors.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

Any feedback, suggestions or recommendations provided by customers may be used by AccuNote without restriction or compensation.

15. Warranties Disclaimer

Except as required by law:

• The Service is provided on an "as is" and "as available" basis
• AccuNote does not guarantee uninterrupted operation
• AccuNote does not guarantee specific business outcomes
• AccuNote does not guarantee regulatory compliance outcomes
• AccuNote does not guarantee that all defects will be corrected

You acknowledge that successful use of the Service depends on appropriate implementation, governance, user review and operational controls.

16. Limitation of Liability

To the maximum extent permitted by law, AccuNote shall not be liable for:

• Clinical outcomes
• Care outcomes
• Regulatory outcomes
• Compliance failures
• Loss of revenue
• Loss of profits
• Loss of goodwill
• Loss of business opportunities
• Business interruption
• Loss of data arising from customer actions
• Indirect, consequential, incidental or special damages

AccuNote's total aggregate liability arising from or relating to the Service shall not exceed the greater of:

• (a) AUD $1,000; or
• (b) the total subscription fees paid by the Customer during the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes rights that cannot be excluded under Australian law.

17. Indemnity

You agree to indemnify and hold harmless AccuNote, its officers, employees and contractors against claims, losses, liabilities, damages, costs and expenses arising from:

• Your breach of these Terms
• Your misuse of the Service
• Customer Data supplied by you
• Failure to obtain required consents
• Breaches of privacy obligations
• Breaches of applicable laws

18. Suspension and Termination

AccuNote may suspend or terminate access where:

• Fees remain unpaid
• These Terms are breached
• Use creates a security risk
• Required by law

You may terminate your subscription at any time.

Termination does not automatically entitle you to a refund.

19. Data Retention and Export

Customers may export their data during an active subscription.

Following termination:

• Customer Data will remain available for export for ninety (90) days
• Standard self-service exports are provided at no charge
• Custom exports, migrations or data conversion services may incur professional services fees
• Customer Data may be permanently deleted after the retention period

Deleted data may not be recoverable.

20. Changes to the Service

AccuNote may modify, improve, replace, suspend or discontinue features from time to time.

We will provide reasonable notice where changes materially affect the Service.

21. Force Majeure

AccuNote will not be liable for delays, interruptions or failures resulting from events outside its reasonable control, including:

• Internet outages
• Cloud provider outages
• Telecommunications failures
• Cyber attacks
• Natural disasters
• Government actions
• Pandemics
• Industrial disputes
• Utility failures
• Other force majeure events

22. Changes to these Terms

AccuNote may update these Terms from time to time.

Material changes will be notified through the Service, by email or via our website.

Continued use of the Service following notification constitutes acceptance of the updated Terms.

23. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia.

Before commencing legal proceedings, the parties agree to attempt to resolve disputes through good-faith discussions.

The parties submit to the exclusive jurisdiction of the courts of New South Wales.

24. Contact Details

AccuNote Pty Ltd

Email: [email protected]

Support: [email protected]

Website: accunote.com.au