Terms & Conditions

1. Account Creation and Registration

1.1 Creating an Account

To use MindScribe™, you must create and maintain a personal user account (“Account”). By registering, you affirm that:
• You are legally entitled to form a binding agreement with us.
• You agree to use MindWrite in compliance with these Terms and our Usage Policy.

1.2 Registration Details

During registration, you will be asked to provide personal information such as your full name, professional role, and contact details (e.g., email address and phone number). This information is collected to maintain the platform’s functionality and security. Your data will be handled in accordance with our Privacy Policy.

1.3 Account Security

You are responsible for safeguarding your username and password. You accept responsibility for all activity occurring under your Account.

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2. MindScribe Services

2.1 Overview

MindWrite supports registered medical professionals in delivering healthcare by offering specific functionalities as outlined on our website.

2.2 Functional Updates

We may, at our discretion:
• Modify or upgrade MindWrite’s features.
• Offer new functionalities.

Additional charges or terms may apply to new features and will be communicated accordingly.

2.3 Term Duration

These Terms begin upon your first access to MindWrite and remain in effect until terminated by either party as described herein.

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3. Fees and Billing

3.1 Subscription and Other Charges

Access to MindWrite may require a subscription fee, published on our site or otherwise agreed upon (“Subscription Fee”). Fees are charged in AUD unless specified otherwise.
• Subscription Fees are due in advance for each subscription period.
• We reserve the right to suspend or terminate your Account if fees are unpaid or your subscription expires.
• Fees may change with reasonable notice and will apply to the next billing cycle.
• Your subscription will auto-renew unless cancelled prior to the renewal date. No partial refunds are provided unless stated otherwise.

Charges for new or upgraded functionalities may apply and will be agreed upon before access is granted.

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4. Privacy and Data Handling

4.1 Compliance with Privacy Laws

Both parties must comply with applicable data protection laws, including but not limited to the Privacy Act (AU), GDPR (EU), CCPA (US), and PIPEDA (Canada).

You are responsible for obtaining all required consents from individuals whose data you input into MindWrite, allowing us to collect, use, and disclose this data under our Privacy Policy.

4.2 Notice of Personal Information Use

We collect and use your personal data and that of patients to provide MindWrite services. Our Privacy Policy explains:
• How data is stored and managed.
• Your rights to access and amend personal data.
• How to submit complaints and how they’re handled.

By submitting personal data to us, you consent to its use as outlined in these Terms and our Privacy Policy. Some data may be shared with trusted third parties for operational purposes or as required by law.

4.3 De-identified Data Use

MindWrite Health may de-identify non-health information and use it to enhance platform functionality or as described in our Privacy Policy. We will take reasonable steps to ensure this data cannot be re-identified.

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5. User Responsibilities

5.1 General Use

You must:
• Comply with all applicable laws and professional standards.
• Obtain patient consent where legally required before sharing their data.
• Follow any directions from MindWrite regarding use of the platform.
• Notify us immediately of any defects or complaints.
• Use MindWrite only as permitted under these Terms.

You may not:
• Distribute, sublicense, or transfer access to others.
• Reverse-engineer or alter the platform.
• Upload inaccurate data or introduce unnecessary cybersecurity risks.
• Misrepresent MindWrite as a substitute for professional medical advice.

5.2 Third-Party Integrations

MindWrite may include services or content from third parties. You must accept any additional terms required to use such features. Refusal may limit your access to the platform.

5.3 Recordkeeping

You are responsible for maintaining accurate records of your use of MindWrite, in compliance with applicable laws.

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6. External Links

MindWrite may link to third-party websites or resources. We do not endorse and are not responsible for these external sites. Their terms and policies may differ from ours.

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7. Intellectual Property

7.1 Ownership

We retain all intellectual property rights in MindWrite and its content, unless otherwise licensed from third parties.

You grant us a royalty-free license to use any feedback you provide to improve MindWrite.

7.2 Your License

You are granted a limited, non-exclusive license to use MindWrite and its content during the term of these Terms for healthcare delivery. Redistribution or commercial exploitation is not permitted without our prior consent.

7.3 Your Contributions

You grant us the right to use any de-identified content you input into MindWrite to improve our services.

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8. Confidentiality

You agree not to disclose any confidential information obtained through your use of MindWrite, unless:
• Required by law.
• Shared with authorized personnel who have a legitimate need to know.
• Already public through no fault of your own.

You must take appropriate steps to protect any confidential information.

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9. Limitations

9.1 Technical Compatibility

You are responsible for ensuring your systems are compatible with MindWrite.

9.2 No Medical Advice

MindWrite is not a medical device or a source of professional medical advice. All clinical decisions remain your sole responsibility.

MindWrite does not:
• Offer treatment recommendations.
• Replace medical judgment.
• Diagnose or manage patient care directly.

You must not present MindWrite as offering medical advice.

9.3 Reporting Safety Concerns

Report any issues or incidents that may affect patient safety or platform integrity to MindWrite immediately.

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10. Suspension and Termination

10.1 Suspension

We may restrict or suspend access to MindWrite without notice if necessary, although we’ll aim to provide advance notice where possible.

10.2 Ending the Agreement

You may cancel your Account at any time via your settings or by contacting us. Subscription fees are non-refundable.

We may terminate your access if:
• You breach these Terms.
• MindWrite is withdrawn from the market (in which case a pro-rata refund applies).
• Required to do so by law.

10.3 Consequences of Termination

Upon termination:
• Any unpaid fees remain due.
• Your license to use MindWrite ends.
• We may delete your data unless required to retain it by law.
• Terms that naturally survive termination will remain in effect.

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11. Indemnity

You agree to indemnify and hold MindWrite harmless from any claims, losses, or damages resulting from:
• Your clinical actions or omissions.
• Violations of privacy or law.
• Unlawful or negligent behavior.
• Damage caused by misuse of MindWrite.
• Intellectual property violations not caused by MindWrite.

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12. Liability

12.1 No Warranties

MindWrite is provided “as is” without warranties. We do not guarantee the accuracy or availability of MindWrite or its content. You are responsible for verifying all outputs before use.

We are not liable for:
• Data loss or corruption.
• Service interruptions.
• Inaccurate or outdated content.
• Issues with third-party providers.

12.2 Limited Liability

Where liability cannot be excluded, it is limited to the total fees paid by you during the preceding 12 months.

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13. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of that jurisdiction.

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14. Updates to Terms

We may update these Terms with reasonable advance notice (typically 30 days). You will be notified of significant changes. Continued use after such updates indicates your acceptance.

You may terminate your Account if changes materially affect your rights, in which case a pro-rata refund of fees will be issued.

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15. Relationship of the Parties

You and MindWrite act as independent contractors. Nothing in these Terms creates an employment, partnership, or agency relationship.

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16. General Provisions
• Your Account is personal and non-transferable.
• We are not liable for delays caused by events outside our control.
• These Terms constitute the entire agreement between us.
• If any provision is invalid, it will be replaced with one that best achieves its purpose.

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