Terms of Service

Welcome to Tell Claire. We’re excited to have you as a user of our platform. Before you get started, please take a moment to read through our Terms of Service outlined below. By using our platform, you agree to be bound by these terms. If you do not agree with any part of these terms, please refrain from using Tell Claire.

1. Introduction

1.1 Parties and Applicability
These Terms of Service (“Terms”) govern your (“you,” “user,” or “Healthcare Provider”) use of the platform provided by Tell Claire Limited (“Tell Claire,” “we,” “us,” or “our”), a UK-registered company (No. 16206182) with a registered address at 18 Albert Road, Bournemouth, BH1 1BZ, United Kingdom.

Our services are primarily aimed at Australian healthcare providers conducting pre-employment and occupational health consultations.
All personal data processed by our Platform is stored on servers located in Australia, subject to Section 3.3 (Data Handling & Privacy).

1.2 Agreement to Terms
By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our Platform.

1.3 Relationship to Privacy Policy
Your use of our Platform is also subject to our separate Privacy Policy, which explains how we collect, use, and protect personal information. Please review both documents carefully. In the event of any conflict between these Terms and our Privacy Policy regarding data privacy, the Privacy Policy will prevail to the extent of that conflict.

2. Purpose of the Platform

2.1 Healthcare Support
Our Platform assists healthcare providers with AI-driven recording, transcription, and data management for pre-employment medical consultations and occupational health assessments.

2.2 No Medical Advice
While the Platform may generate automated suggestions or flags, these do not constitute medical advice.

You (the Healthcare Provider) remain solely responsible for verifying the accuracy of all information and making any clinical or professional decisions.
We disclaim liability for clinical outcomes; see Section 7 (Limitation of Liability).

3. Access and User Responsibilities

3.1 Account Setup

You must provide accurate and complete information during registration.
You are responsible for maintaining the confidentiality of your login credentials and all activities under your account.

3.2 Compliance with Privacy & Consent Requirements

Patient Consent: You must ensure explicit patient consent is obtained before using the Platform to record or transcribe any consultations. Our system will prompt you to confirm consent before recording.
APP & Legal Compliance: You represent and warrant that your use of the Platform will comply with all applicable laws and regulations, including the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).
Accuracy of Data: You remain responsible for the accuracy and completeness of patient data entered into or processed by our Platform.

3.3 Data Handling & Privacy

Australian Data Storage: All personal information is hosted on servers located in Australia.
Cross-Border Access: Certain authorized Tell Claire personnel (including but not limited to the CEO) may access the Platform remotely from outside Australia, but such access is governed by our Intra-Group Data Transfer & Access Agreement, ensuring compliance with the APPs and our Privacy Policy.

3.4 Acceptable Use
You agree to use the Platform only for lawful purposes and in accordance with professional healthcare standards. Prohibited activities include (but are not limited to):

Unauthorized Access: Attempting to gain unauthorized access to any portion of the Platform or other users’ data.
Misuse of Data: Using patient information for any purpose not directly related to occupational health assessments or pre-employment medicals.
Illegal or Harmful Conduct: Engaging in any conduct that is unlawful or that jeopardizes the security or integrity of the Platform.

4. Fees, Payment, and Suspension

4.1 Custom Pricing
Fees and payment terms (including any licensing costs, subscription fees, or pay-per-use models) will be outlined in a separate written contract between you and Tell Claire. These may include:

Implementation/Integration Costs
Monthly or Annual Licence Fees
Per-Consultation or Usage-Based Charges

4.2 Late Payments

If payments are not received within the agreed timeframe, we reserve the right to suspend or terminate your access to the Platform.
Reactivation of a suspended account may incur additional fees as specified in your contract.

5. Intellectual Property

5.1 Ownership
All intellectual property rights in the Platform (including software code, AI models, brand names, and associated documentation) remain the exclusive property of Tell Claire or our licensors.

5.2 Limited Licence
We grant you a non-exclusive, non-transferable licence to use the Platform for your internal medical and business purposes as described in these Terms, subject to compliance with all applicable laws and regulations.

5.3 Feedback
If you provide feedback or suggestions for improving our Platform, we may use such feedback without obligation or compensation to you.

6. Warranties and Disclaimers

6.1 AI Limitations
Our Platform uses AI-based transcription and analysis, which may generate inaccuracies or require human verification. We do not guarantee that outputs will be error-free or fit for any specific purpose.

6.2 No Warranty
Except as expressly stated in these Terms or required by non-excludable Australian consumer laws, the Platform is provided on an “as is” and “as available” basis. To the extent permitted by law, we exclude all warranties, whether express, implied, or statutory.

6.3 Compliance with Healthcare Obligations
You acknowledge that it is your sole responsibility to ensure your use of the Platform meets clinical, legal, and regulatory requirements, including but not limited to the Privacy Act 1988 (Cth) and other healthcare legislation in your state or territory.

7. Limitation of Liability

7.1 Extent Permitted by Law
To the maximum extent permitted by Australian law, we are not liable for any direct, indirect, incidental, or consequential damages arising out of or related to your use or inability to use the Platform.

7.2 Healthcare Liability

We do not accept liability for medical decisions or patient outcomes. You are solely responsible for verifying information generated by our AI and for all clinical judgments.
In no event will our aggregate liability exceed the total fees paid by you to us in the 12 months preceding the claim or, if no fees have been paid, a nominal amount (e.g., AUD $100), unless otherwise required by Australian consumer protection laws.

7.3 Indemnification
You agree to indemnify and hold harmless Tell Claire from and against any claims, damages, or expenses arising from your breach of these Terms, misuse of the Platform, or violation of applicable laws and regulations (including patient privacy laws).

8. Termination and Data Export

8.1 Termination

We may suspend or terminate your access to the Platform if you breach these Terms, fail to pay fees, or engage in conduct detrimental to the Platform or other users.
You may terminate your use of the Platform at any time by providing written notice to us, subject to any minimum commitment in your separate contract.

8.2 Data Export & Deletion

Export: Upon termination or expiry of your account, you may export your data in a commonly used format (e.g., CSV or JSON) within a reasonable period (grace period defined in your separate contract).
Deletion: After this grace period, we will permanently delete or anonymize your data from our servers, except where we are legally required to retain it (e.g., compliance with healthcare record-keeping obligations, or as directed by your Healthcare Provider’s policy if you are an associated user).

9. Dispute Resolution and Governing Law

9.1 Good Faith and Mediation
If any dispute arises relating to these Terms, both parties agree to make good faith efforts to resolve the matter. If unresolved, the parties shall engage in mediation before proceeding to litigation or arbitration.

9.2 Governing Law

Unless otherwise specified in a separate Master Services Agreement or contract, these Terms are governed by English law.
However, regarding privacy obligations, the Privacy Act 1988 (Cth) and Australian Privacy Principles apply to the handling of personal information.
Any formal dispute proceedings shall be conducted in accordance with the agreed-upon jurisdiction in your contract. In the absence of such stipulation, the competent courts under English law shall have jurisdiction, subject to the mediation requirement.

10. Changes to These Terms

We may modify these Terms from time to time to reflect changes in our services, legal obligations, or operational requirements. We will provide notice of material changes (e.g., via email or a prominent notice within the Platform). Your continued use of the Platform after changes become effective constitutes your acceptance of the revised Terms.

11. General Provisions

11.1 Severability
If any provision of these Terms is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remainder will remain in full force and effect.

11.2 No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.3 Force Majeure
We are not liable for any delays or failures in performance resulting from events beyond our reasonable control, such as natural disasters, wars, pandemics, or internet service disruptions.

11.4 Entire Agreement
These Terms, along with any applicable separate contract (e.g., Master Services Agreement) and our Privacy Policy, constitute the entire agreement between you and Tell Claire regarding the use of the Platform.

12. Contact Details

If you have questions or concerns about these Terms, including any compliance or privacy-related matters, you may contact us at:
Email: legal@tellclaire.com

Summary of Key Points

Australian Privacy Compliance: You must obtain explicit patient consent and comply with the APPs when using our Platform.
Data Storage in Australia: Personal information is hosted on Australian servers, with any cross-border access subject to strict internal controls.
Healthcare Responsibility: You are solely responsible for verifying the accuracy of AI-generated transcriptions or suggestions; we provide the tool, not medical advice.
Termination & Data Export: You can export your data upon termination; after a grace period, it will be deleted unless legally required to be retained.
Governing Law: Primarily governed by English law, but Australian privacy laws apply to personal data handling.

By using our Platform, you acknowledge that you have read, understood, and agree to these Terms of Service.