Terms of Use

Last updated: 19 January 2025

These Terms of Use ("Terms") govern your access to and use of NoteMate ("Service"), a clinical documentation platform developed and operated by NoteMate (ABN 33 659 424 629) ("NoteMate", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service.

1. Service Description

NoteMate is a platform designed for healthcare practitioners. The Service enables practitioners to:

  1. Record and transcribe clinical consultations

  2. Generate clinical documentation from voice recordings

  3. Create and manage clinical documentation templates

  4. Process clinical information with temporary transmission for transcription and generation

2. Account Registration and Security

2.1 Registration Requirements

By creating an account, you warrant that:

  1. You have the legal capacity to enter into these Terms

  2. You are a registered healthcare practitioner

  3. All information you provide during registration is accurate and complete

  4. You will maintain the accuracy of such information

2.2 Security Responsibilities

You are responsible for:

  1. Maintaining the confidentiality of your account credentials

  2. All activities that occur under your account

  3. Implementing appropriate security measures, including multi-factor authentication, where available

  4. Immediately notifying us of any unauthorised access or security breaches

3. Professional Obligations

3.1 Practitioner Requirements

As a healthcare practitioner using the Service, you must:

  1. Obtain explicit patient consent before recording any consultations

  2. Maintain compliance with all relevant healthcare regulations

  3. Follow your organisation's policies regarding clinical documentation

  4. Ensure appropriate security measures on your local device

  5. Maintain your own backup procedures for local data

3.2 Professional Responsibility

You acknowledge that you are solely responsible for:

  1. The accuracy and completeness of all clinical documentation

  2. Obtaining and maintaining appropriate patient consent

  3. Compliance with relevant professional standards

  4. Any clinical decisions made using the Service

4. AI Functionality

4.1 Service Limitations

NoteMate's AI functionality is designed to assist with administrative tasks and documentation. You acknowledge and agree that:

  1. The AI is not a medical device

  2. AI outputs require practitioner verification

  3. The Service does not provide medical advice or decisions

  4. You maintain full professional responsibility for all clinical decisions

4.2 Prohibited Uses

You must not use the Service's AI functionality for:

  1. Automated medical decisions

  2. Direct patient diagnosis

  3. Treatment recommendations

  4. Emergency medical advice

  5. Critical care applications

5. Privacy and Data Protection

5.1 Zero-Knowledge Architecture

NoteMate employs a zero-knowledge architecture where:

  1. The application cannot access or decrypt your sensitive clinical content

  2. Clinical documentation is stored locally on your device

  3. Content is temporarily transmitted for processing (transcription and generation)

  4. We maintain essential operational data and templates

5.2 Privacy Obligations

You agree to:

  1. Comply with our Privacy Policy

  2. Obtain necessary patient consents for data processing

  3. Maintain appropriate security measures

  4. Report any privacy or security incidents promptly

6. Intellectual Property

6.1 NoteMate's Rights

We retain all rights, title, and interest in:

  1. The Service software and technology

  2. Our branding and trademarks

  3. The Service's design and interface

  4. All related documentation and materials

6.2 Your Rights

You retain all rights to:

  1. Your clinical documentation

  2. Custom templates you create

  3. Patient data

  4. Recorded consultations

7. Service Availability and Updates

7.1 Service Provision

We strive to provide reliable access to the Service, but do not guarantee uninterrupted access. We reserve the right to:

  1. Release updates and modifications

  2. Modify features with notice

  3. Temporarily suspend access for technical reasons

  4. Perform necessary maintenance

7.2 Technical Requirements

You acknowledge that:

  1. The Service requires a stable internet connection

  2. Local device performance may affect functionality

  3. Updates may be required for continued use

  4. Technical support is provided according to our current policies

8. Billing and Payments

8.1 Service Fees

Service fees are:

  1. Charged according to our current pricing schedule

  2. Billed in advance for the subscription period

  3. Non-refundable except as required by law

  4. Subject to change with notice

8.2 Subscriptions

Subscriptions:

  1. Automatically renew unless cancelled

  2. Can be cancelled before the renewal date

  3. Continue until the end of the paid period

  4. Do not qualify for partial refunds upon cancellation

9. Liability and Indemnification

9.1 Limitation of Liability

To the maximum extent permitted by law:

  1. The Service is provided "as is" without warranty

  2. We are not liable for any clinical decisions

  3. Our liability is limited to the fees paid in the previous 12 months

  4. We exclude all implied warranties and guarantees

9.2 Indemnification

You agree to indemnify us against any claims arising from:

  1. Your use of the Service

  2. Patient complaints

  3. Professional misconduct

  4. Violations of these Terms

10. Termination

10.1 User Termination

You may terminate these Terms by:

  1. Cancelling your subscription

  2. Ensuring you have saved your local data

  3. Requesting account deletion through the account settings

  4. Ceasing use of the application

10.2 Service Termination

We may terminate or suspend your access if:

  1. You violate these Terms

  2. Fail to pay applicable fees

  3. Engage in prohibited activities

  4. As required by law

11. Jurisdiction and Governing Law

11.1 Governing Law

These Terms are governed by the laws of Victoria, Australia.

11.2 Jurisdiction

You submit to the exclusive jurisdiction of the courts of Victoria, Australia.

12. Changes to Terms

12.1 Updates

We may update these Terms by:

  1. Posting changes on our website

  2. Notifying you via email

  3. Providing in-app notifications

  4. Requiring acknowledgment if necessary

12.2 Effect

Changes will be effective upon posting, with continued use constituting acceptance.

Contact

For questions about these terms, please email contact@notemate.io.