User Agreement

Version 1.0 - Effective from 1 September 2023 

This User Agreement ("Agreement") is a contract between you ("User") and EvolveAMT ("EvolveAMT", "We", “Us”, or “Our”), an Australian company. By accessing, installing, or using the EvolveAMT software application ("Software"), you consent to this Agreement and our current Privacy Policy. If you do not agree with these terms, refrain from using the Software. 

1. License 

EvolveAMT grants the User a revocable, non-exclusive, non-transferable license to use the Software to assist with medical documentation tasks, limited to non-commercial use only. All intellectual property rights in the Software remain with EvolveAMT. 

2. User Responsibilities and Limitations  

The User expressly acknowledges and agrees that the Software is solely an aid for generating medical consultation notes and letters, and under no circumstances shall it be construed as, or used as, medical record-keeping software. The User shall remain solely accountable for the accuracy, completeness, and verification of information generated by the Software. The Software is not intended to serve as a replacement or substitute for the User's existing medical record-keeping system or professional medical judgment. Any reliance on the Software for purposes other than those expressly stated in this Agreement shall be at the User's sole risk and responsibility.  

3. Cloud-Based Program and User Compliance with Local Laws  

The User acknowledges that the Software is a cloud-based program and that the use of patient data within such a service requires appropriate consent in accordance with applicable laws and regulations. The User shall be solely responsible for obtaining all necessary consents, approvals, and authorisations from patients or their legal representatives for the use of their data in connection with the Software. The User further acknowledges and agrees that laws and regulations relating to data privacy and consent may vary between states, territories, or jurisdictions. It is the User's sole responsibility to ensure compliance with all local laws, regulations, and guidelines governing the use of patient data within a cloud-based service, including but not limited to, those relating to data privacy, consent, and the transfer and handling of personal information. The User’s failure to comply with these obligations shall constitute a material breach of this Agreement, and EvolveAMT shall bear no liability or responsibility for any non-compliance or resulting consequences. 

4. Legal Obligations and Patient Consent 

The User, expressly representing themselves as a licensed medical professional, agrees to secure the necessary and explicit patient consent before using the Software with patients or their information. This includes informing patients of the Software's cloud-based nature and any related data processing activities, and obtaining their informed and voluntary agreement. The User shall maintain records of such consents as required by applicable law. The User further commits to comply with all applicable privacy, data protection, and recording laws in Australia, including but not limited to federal laws and state or territory-specific laws and regulations. The User's failure to obtain the necessary consents or comply with relevant laws and regulations shall constitute a material breach of this Agreement, for which EvolveAMT shall bear no liability or responsibility. It is the User's sole responsibility to ensure awareness and adherence to any varying legal requirements across different jurisdictions within Australia as they relate to patient consent and the use or handling of patient information and data. 

5. Availability 

EvolveAMT will endeavor to maintain Software availability but does not guarantee uninterrupted or error-free operation. Scheduled maintenance and unforeseen issues may result in temporary unavailability. 

6. Payment Terms 

If applicable, the User agrees to the stipulated payment terms for the Software as communicated by EvolveAMT. The terms may be subject to change upon prior notice. 

7. Confidential Information 

The User agrees to keep all non-public information obtained from using the Software confidential and to use it only for permitted purposes. 

8. Term and Termination 

This Agreement will continue until terminated by either the User or EvolveAMT. Either party can terminate this Agreement upon providing written notice to the other party. 

9. Changes to Agreement 

EvolveAMT reserves the right to amend this Agreement at any time, with amendments effective upon posting on our website or via direct communication to the User. 

10. Force Majeure 

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure results from circumstances beyond reasonable control, including but not limited to natural disasters, acts of God, government restrictions, wars, or network failures. 

11. Limitation of Liability 

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EvolveAMT is not liable for indirect, consequential, or punitive damages, or loss of profit or data resulting from Software use. Our total liability for all claims will not exceed the amount you paid to Us for the Software in the previous twelve months. 

12. Indemnification 

The User agrees to indemnify EvolveAMT against any claims, losses, liabilities, damages, costs, or expenses incurred as a result of the User's association with or use of the Software, breach of this Agreement, or violation of any law. 

13. Data Privacy 

EvolveAMT may collect, store, and process any data input by the User into EvolveAMT, as well as any Software-generated data, in compliance with Australian privacy laws and our Privacy Policy. 

14. Jurisdiction 

This Agreement is governed by Australian law, and any disputes will be resolved in Australian courts. 

15. Device, Network and Account Security 

The User is responsible for the security of the device and network used to access the Software and maintaining the security of their EvolveAMT login account. EvolveAMT is not liable for data loss or privacy breaches due to inadequate device security, use on insecure networks, or improper management of login details, such as sharing of account details or login access with individuals other than the User. 

16. Data Processing and International Transfers 

EvolveAMT uses Third-Party software and services to host our services and User data in Australia. While we strive to maintain all processing within Australia, there may be instances where certain data is processed in, or accessed from, a different region by the Third-Party providers for purposes such as abuse monitoring or similar activities. The User acknowledges and agrees that data processed by the Software may be stored or accessed on servers located outside of Australia under these circumstances. EvolveAMT commits to implementing appropriate safeguards in accordance with applicable Australian and international data protection laws. These safeguards include the principles of data minimisation and purpose limitation to ensure the protection of user data. 

The User acknowledges their responsibility to obtain any necessary consents and fulfill any legal obligations related to the transfer and processing of data outside Australia, as required by applicable laws. 

17. Software Updates 

EvolveAMT may provide automatic Software updates or upgrades. By using the Software, the User consents to these automatic updates. If the User disagrees, they should stop using the Software and regularly back up data to prevent accidental loss during updates. 

18. Third-Party Components 

The User acknowledges and agrees that the Software may incorporate or interface with third-party software, services, or components collectively referred to as "Third-Party Components." These Third-Party Components may be subject to separate licenses, terms, and conditions established by their respective third-party providers, referred to as "Third-Party Terms." The User agrees to review and comply with all applicable Third-Party Terms and acknowledges that EvolveAMT exercises no control over the content, functionality, operation, or compatibility of Third-Party Components. Third-Party Terms are available upon request.