Welcome to NoteMate.com.au! These Terms of Service ("Terms") govern your access to and use of the NoteMate website, services, and applications (collectively, the "Service") provided by FJBonacci ("NoteMate", "we", "us", or "our").
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
NoteMate provides healthcare scribing and document generation services designed to assist healthcare practitioners in efficiently creating clinical notes, referral letters, patient summaries, and other healthcare-related documentation. Our Service aims to streamline administrative processes, improve documentation accuracy, and enhance practitioner efficiency.
IMPORTANT NOTE: NoteMate is an administrative support tool. It is not a medical device, nor does it provide medical advice, diagnosis, or treatment. All clinical decisions, patient care, and the final responsibility for the accuracy and completeness of medical records remain solely with the healthcare practitioner.
2.1 Eligibility: By using the Service, you represent and warrant that:
2.2 Account Registration: To access certain features of the Service, you must register for an account. You agree to:
As a healthcare practitioner using NoteMate, you acknowledge and agree to:
3.1 Informed Patient Consent: You are solely responsible for obtaining and documenting explicit and informed consent from your patients before using NoteMate for any consultation or interaction where patient information will be processed. This consent must cover:
You must document this consent (verbal or written) in the patient's medical record.
3.2 Accuracy and Review: You are solely responsible for the accuracy, completeness, and clinical appropriateness of all documents generated by NoteMate. You must meticulously review, verify, and edit all AI-generated content before it is finalised, signed off, or entered into a patient's official medical record. NoteMate does not guarantee 100% accuracy, and errors can occur.
3.3 Compliance with Laws and Professional Obligations: You must comply with all applicable laws, regulations, and professional obligations, including but not limited to:
3.4 Data Handling and Storage: You must ensure that any patient data input into NoteMate is handled in accordance with privacy laws. You are responsible for ensuring that the patient data you provide is relevant and necessary for the intended scribing or document generation.
3.5 Security: You must take reasonable steps to ensure the security of your own systems and devices used to access NoteMate and protect your login credentials.
3.6 No Therapeutic Use: You agree that NoteMate and its outputs are for administrative support only and are not to be used for diagnostic purposes, clinical decision-making, or as a substitute for professional medical judgment.
4.1 Service Provision: NoteMate will use commercially reasonable efforts to provide the Service with due care and skill, in accordance with these Terms.
4.2 Data Security: We employ robust security measures, including encryption (at rest and in transit), stringent access controls, and regular security audits, to protect your data, particularly sensitive health information. We are committed to safeguarding your data in accordance with our Privacy Policy.
4.3 Data Location: All patient data processed by NoteMate for Australian users will be stored on servers located within Australia.
4.4 Compliance: NoteMate will strive to maintain compliance with relevant Australian privacy laws and healthcare industry standards applicable to a software provider.
When you use NoteMate, we collect information including, but not limited to, the following:
NoteMate offers various service plans to meet the needs of different users:
Specific features, usage limits, and pricing for each plan are detailed on our website at [Link to NoteMate Pricing Page, e.g., notemate.com.au/pricing].
7.1 NoteMate IP: All intellectual property rights in the Service, including the website, software, algorithms, designs, trademarks, and content (excluding User Content), are owned by or licensed to NoteMate (FJBonacci). You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose.
7.2 User Content: You retain ownership of any data, information, or content (including patient health information) that you input or upload to the Service ("User Content"). You grant NoteMate a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display the User Content solely for the purpose of providing, maintaining, and improving the Service to you.
7.3 De-identified Data: You agree that NoteMate may de-identify and aggregate User Content for the purpose of improving its algorithms, developing new features, and conducting research and analysis related to healthcare documentation trends. This de-identified and aggregated data will not contain any information that can reasonably identify an individual.
8.1 Fees: Access to certain features of the Service (e.g., Practitioner and Enterprise plans) requires payment of fees. You agree to pay all applicable fees as described on our website or within the Service. All fees are in Australian Dollars (AUD) unless otherwise specified.
8.2 Billing: Fees will be billed in advance on a recurring basis (e.g., monthly or annually) or as otherwise agreed. You authorise NoteMate to charge your nominated payment method for all applicable fees.
8.3 Refunds: [Insert your refund policy here. E.g., "Fees are generally non-refundable, except where required by Australian Consumer Law." or "We offer a [number]-day money-back guarantee for new subscriptions."]
8.4 Cancellations: You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period, and you will not be charged for subsequent periods.
9.1 Consumer Guarantees: Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, which cannot be excluded, restricted, or modified by agreement.
9.2 Services: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to cancel the contract and obtain a refund for the unused portion of the contract.
10.1 No Medical Advice: NoteMate is an administrative tool. It does not provide medical advice, diagnosis, or treatment. You acknowledge that reliance on any information provided by NoteMate for clinical decision-making is at your own risk.
10.2 Disclaimer of Warranties: To the maximum extent permitted by law, NoteMate disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
10.3 Limitation of Liability: To the maximum extent permitted by law, NoteMate (FJBonacci), its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
10.4 Total Liability: To the maximum extent permitted by law, in no event shall the aggregate liability of NoteMate (FJBonacci) for all claims relating to the Service exceed the amount you paid to NoteMate for the Service in the twelve (12) months preceding the claim.
You agree to indemnify, defend, and hold harmless NoteMate (FJBonacci), its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
12.1 Termination by You: You may terminate your account at any time by contacting [Your contact email for account termination].
12.2 Termination by NoteMate: NoteMate may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
12.3 Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Victoria, Australia, for the resolution of any disputes.
NoteMate reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [Number] days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
15.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and NoteMate regarding the Service.
15.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
15.3 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and NoteMate's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without NoteMate's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. NoteMate may freely assign or transfer these Terms without restriction.
If you have any questions about these Terms, please contact us at: