MyDocsNotes Terms of Service

MyDocsNotes PTY LTD (ABN 57 698 494 736) (we, us, our). These terms are the agreement between you and us for your use of the MyDocsNotes website and apps (the Service).

By creating an account or using the Service, you agree to these terms. If you do not agree, do not use the Service.

Our Privacy Policy explains how we handle your personal information. It forms part of these terms. Schedule 1 sets out what you may and may not do with the Service and forms part of these terms.

We have written these terms in plain English on purpose. Where a word has a legal meaning we have said so as we go, rather than putting a list of definitions at the front.

MyDocsNotes helps you remember and understand what happened at a medical appointment. The app captures the audio of your appointment, turns it into text, and produces a summary that is stored on your own device.

What the Service is not.

1. It is not medical advice, and it is not a substitute for advice from your doctor or another health professional.
2. It is not a diagnosis and it does not tell you what to do. A summary restates what was said at your appointment. It does not add to it, interpret it, or recommend anything.
3. It is not a clinical record. It does not form part of the records your doctor or practice keeps, we do not send it to them, and no health professional has checked it.
4. It is not a reliable record of your care. Summaries are produced automatically and can contain errors, including errors in the names of medicines, doses and test results. Clause 8 explains what that means for you.
5. It is not an emergency service. If you need urgent help, call 000 or contact your doctor.
6. The Service is not a Medical Device for the purposes of the Therapeutic Goods Act 1989.

You must be at least 14 years old to have an account.

Using the Service for someone else. You may use the Service at an appointment you are attending with or for another person, for example a child, a parent, or someone you care for. If you do, please ensure you take reasonable steps to ensure you have consent to retain and share their notes

You may hold one account. You are responsible for securing your access codes to your account. Anyone who has them can reach your account. Tell us promptly if you think someone else has used your account.

Before you start an appointment in the app, you must obtain the agreement of your doctor, and of everyone else whose voice may be captured, for example, practice staff, a carer, a family member, or anyone else in the room. You must do this before you start, and you must do it in a way that gives them a real chance to say no.

The app asks you to confirm that you have done this. That confirmation is a record of what you have told us. It is not a substitute for asking for consent, and it does not make your use lawful if you have not asked.

If you are asked to stop, stop. Your doctor or the practice may refuse, or may ask you to stop part way through. That is their decision and you must respect it. Some practices do not permit this at all.

You are responsible for this, not us. We provide the tool. Whether you may lawfully use it at a particular appointment depends on where you are and on whether you have obtained agreement, and only you can know that. If you use the Service without obtaining the agreement you need, you are responsible for the consequences, and clause 13 applies.

You can share a summary, for example by email to a family member or another health professional. Whether you share, and with whom, is your choice. We do not assume any liability for your choice to share your summary.

Sharing can be restricted by law even where capturing the conversation was allowed. You are responsible for ensuring that you are sharing a summary legally.

Once you share a summary, we cannot get it back and we have no control over what the recipient does with it.

You must not publish a summary, or any part of an appointment, publicly, including on social media, unless everyone who was at the appointment has agreed.

The Service works in the following way:

1. the app captures the audio on your device;
2. the audio is sent over an encrypted connection to be turned into text;
3. identifying details are removed as far as the software can detect them;
4. the text is used to produce a summary;
5. the summary comes back to your device; and
6. the audio and text are deleted.

We do not keep your audio, your transcript or your summary on our servers.

The Privacy Policy provides further details about how your personal information is handled by the Service. Please read it before you use the Service.

We do not use your health information for marketing, and we do not sell your personal information.

You own your summaries and the intellectual property rights in them. We do not claim any ownership of your appointment audio, your transcript, your summary, or anything else you put into the Service.

By using the Service, you give us permission to use that material only to the extent we need to in order to provide the Service to you which includes:

1. to turn the audio into text;
2. remove identifying details;
3. produce your summary;
4. deliver it to your device; and
5. if you ask, translate or share it.

That permission ends when the processing ends. It does not let us use your material for anything else.

Your summaries are stored on your own device, not on our servers. That means:

1. if you lose your device, clear your browser data or uninstall the app, your summaries are gone, and we cannot recover them;
2. anyone who can unlock your device may be able to read them;
3. your device may copy them to your device maker's cloud, depending on your backup and sync settings. That is outside our control. The Privacy Policy explains how to turn it off.

Keep your own records. Do not treat a summary as your only record of your care. Your doctor's records are the authoritative record.

If you close your account or do not pay your renewal and want to access summaries beyond the free tier, please contact us via the form on the website to access a temporary code to export your summaries.

Summaries are produced automatically. Speech recognition can mishear words, particularly the names of medicines, doses and test results, and an automatically produced summary can misstate what was said.

Do not rely on a summary for a decision about your health, and do not change how you take a medicine because of one. Check every summary against what your doctor told you, against your prescription, and against the label on your medicine. If anything does not match what you remember, ask your doctor. If you are unsure, ask your doctor.

If a summary is wrong, you can correct it, and you can do that on any plan including the free plan. If you notice an error in the service, please share feedback via the contact us form on the website.

The Service is offered on the plans found on the website https://www.mydocsnotes.com/.

Automatic renewal. Paid plans renew automatically at the end of each billing period until you cancel. There are no refunds during the billing period, however you can access the service until the end of the billing period in which you cancel.

Price changes. If we change the price of a plan you are on, we will tell you at least 30 days before it applies to you, and you can cancel before it takes effect.

Refunds. If something goes wrong with the Service, you have rights under the Australian Consumer Law that we cannot take away (see clause 13).

Schedule 1 sets out what you may and may not do with the Service. It forms part of these terms, and breaching it is a breach of these terms.

We may update Schedule 1 from time to time. If we do, we will publish the updated version and tell you about any change that materially affects you, before it applies.

We will use reasonable care and skill in providing the Service. We do not promise that it will be uninterrupted, error-free, or available at all times. It depends on your device, your internet connection, and services provided by others.

We may change, add to or remove features. If a change materially reduces what the Service does for you, we will tell you beforehand where we reasonably can, and if the change materially disadvantages you on a paid plan you may cancel and receive a pro-rata refund for the unused part of your billing period.

The best way to contact us for any reason is via the Contact form on the website. We will endeavour to respond within 24 hours of any enquiry.

You can stop using the Service and close your account at any time. There are no refunds during the billing period, however you can access the service until the end of the billing period in which you cancel.

We may suspend or terminate your access if you materially breach these terms or Schedule 1, or if we are required to by law. Unless the breach is serious or we are legally obliged to act immediately, we will tell you what the problem is and give you a reasonable chance to fix it first.

If we suspend or terminate your access other than because of your breach, we will refund the unused part of any period you have paid for.

Summaries already on your device remain yours. Closing your account, cancelling a paid plan or being suspended does not delete them. To recover summaries beyond the free tier in the event you cannot or do not want to continue to pay for the service, please contact us via the form on the website for a temporary code to export your summaries.

Nothing in these terms excludes, restricts or modifies any right or guarantee you have under the Australian Consumer Law. Our services come with guarantees that cannot be excluded, including that they will be provided with due care and skill, and that they will be reasonably fit for any purpose we have told you about. If we fail to meet a consumer guarantee, you have rights under that law, including to a remedy and, in some cases, to compensation for reasonably foreseeable loss.

Subject to clause 13.1, and to the extent the law allows:

1. we are not liable for loss you suffer because you relied on a summary rather than on your doctor's advice or records;
2. we are not liable for loss arising because you did not obtain the agreement required by clause 4, or because of what you did with a summary after you shared it under clause 5;
3. we are not liable for loss of summaries stored on your device, or for anything your device maker's backup or sync service does with them;
4. we are not liable for loss that was not reasonably foreseeable.

Subject to clauses 13.1 and 13.2 our aggregate liability to you for all claims arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), under statute or otherwise, is limited to the fees you paid in the 12 months before the first event giving rise to the claim. This clause 13.3 does not apply to liability directly resulting from our fraud, wilful misconduct, or breach of Clause 14.

Subject to clauses 13.1 and 13.2, we are not liable for any Consequential Loss, or for any underpayment, penalty, fine, back-pay or compensation you incur as a result of a decision you make about your health, however that decision was informed. Consequential Loss means loss of profit, revenue, anticipated savings, business, opportunity, goodwill or reputation, loss or corruption of data, and any indirect or consequential loss, however arising.

You are responsible for loss we suffer because you used the Service in breach of clause 4, clause 5 or Schedule 1.

How we handle your personal information is set out in the Privacy Policy. If you have a privacy complaint, follow the process in that policy.

For any other complaint, contact us via the contact form on the website. We will acknowledge your complaint and work with you in good faith to resolve it.

Nothing in this clause prevents you from going to a court or tribunal, or from contacting a regulator.

We may change these terms. If a change materially affects you, we will tell you at least 30 days before it takes effect, and you may cancel before then if you do not accept it. Minor changes, such as correcting an error or updating our contact details, take effect when we publish them.

The current version of these terms is always available on our website.

Governing law. These terms are governed by the laws of New South Wales, and the courts of New South Wales have exclusive jurisdiction.

If part of these terms cannot be enforced, the rest still applies.

We may transfer our rights and obligations under these terms to someone else if our business is sold or transferred. We will tell you if that happens. You may not transfer your account to someone else.

These terms, together with the Privacy Policy and Schedule 1, are the whole agreement between us about the Service.

Notices. We will contact you using the email address or mobile number on your account. You can contact us via the contact form on the website.