Our terms of service outlines the requirements to begin using Lyrebird.
Background
Our Terms of Use govern how we provide our Lyrebird Health service to you (“the Service”).
1. Provision of the Service
You have engaged us to provide to you the Service. The Service starts on the date that is the earlier of (i) the date you start a Trial of the Service; and (ii) the date that we process your payment for the Service. From this date all rights and obligations created in these Terms of Use will operate.
2. Access to the Service
2.1 As part of the Service we will provide you with:
(a) a log-in identity and password to access the Service; and
(b) assistance and support to use the Service as detailed on the Lyrebird Health website at https://lyrebirdhealth.com/contact-us
2.2 You agree that you are required to and are responsible to keep secret and confidential all identification and log-in information that you need to access the Service. You understand that a more complex password increases protection of your account with us.
3. Use of the Service
3.1 You agree to comply with all directions relating to access and use of the Service that we notify to you from time to time. This includes you reviewing and updating your Accounts Page seen at https://www.app.lyrebirdhealth.com/account/profile from time to time to keep it current.
3.2 You agree not to permit anyone else to access the Service using your log-in identity.
3.3 You agree not to use the Service for any purpose or activity of an illegal, fraudulent or defamatory nature.
4. Withdrawal of Access
We reserve the right, immediately and without notice to you, to withdraw your access to the Service. If we do so we will refund to you that proportion of your Fee paid that covers the Service you will not receive.
5. Intellectual Property Rights
5.1 You agree not to contravene any copyright, trademark, design, patent or other rights in relation to:
(a) textual, graphical, audio and other material displayed on the Service or the Lyrebird Health website.
(b) the user interface of the Service including screens, organisation, operation, or control features; and
(c) all methodologies and processes associated with the Services.
(“Intellectual Property Rights”)
5.2 In addition to any other remedy available under the law, you indemnify and agree to keep indemnified us, our servants and agents against all loss, damage, costs and expenses arising out of your contravention of our Intellectual Property Rights.
6. Payment of Fees
6.1 You agree to pay our Fee for the Service you have selected.
6.2 As well as you paying the Fee for the Service, we may ask you:
(a) to provide to us your feedback about your experience with the Service;
(b) to let us know what enquiries you have received about the Service from others; (c) to tell others about the Service,
and you agree to us contacting you about these things from time to time.
6.2 We may, by notice in writing to you, alter our Fees for the Service. We will provide you with at least 30 days’ notice of any change. Changes will not be retrospective.
7. Confidentiality
In relation to any confidential information you disclose to us, we will:
(a) take all reasonable steps to ensure that the information is protected from misuse, unauthorised access, modification or disclosure; and
(b) ensure that access to the information is limited to those of our employees and contractors who are required to access that information for the purposes of us providing the Service to you.
8. Privacy
8.1 To enable us to provide the Service to you, we may from time to time collect your personal information. This will be kept to the minimum needed to properly provide our Services to you.
8.2 When collecting personal information, we will comply with our Privacy Policy. 9. Termination
9.1 We may terminate the Service immediately by notice to you either through the login process or by email.
9.2 On termination of our Service to you we will delete all your personal records held with us within 6 months of the date of termination, at which time we are discharged from any further obligations to you.
9.3 If you wish to cancel the Service you may do so at any time by sending an email to info@lyrebirdhealth.com or cancel your subscription by navigating to
https://app.lyrebirdhealth.com/account/subscription and clicking change subscription. Your cancellation will be processed as soon as practicable after your email requesting cancellation is received.
10. Disclaimers
10.1 You acknowledge and accept in respect of the Lyrebird Health generated text that:
(a) You will review the Lyrebird Health generated text and make such changes to them, so they are an accurate summary of your client consultation.
(b) You accept responsibility for the final version of the Lyrebird Health generated text.
(c) You acknowledge that the Lyrebird Health generated text is generated using Artificial Intelligence technology, which although constantly evolving and improving is not guaranteed to be perfect or completely accurate.
(d) Lyrebird Health gives no warranty nor bears any liability arising from, or in connection with, the use of the Lyrebird Health generated text by you or any third party claiming through you.
10.2 You acknowledge and agree that:
(a) we do not supervise or control content that forms the basis of Lyrebird Health generated text. Content is derived from your dialogue with your client;
(b) our Service provides a summary of your client consultation, associated documentation or dictations, which you may edit, include more or less detail and include your own notes;
(c) you are responsible for the final version of the Lyrebird Health generated text that you store in your own medical record storage system.
11.2 General Disclaimer
(a) We are not liable for any loss or damage in connection with our provision of the Service to you, or for any information or data that is entered into or accessed from the Service by you, your staff or anyone else.
(b) We are not liable for any loss or damage in connection with use of the Service by you, your staff or anyone else.
(c) You acknowledge that the initial features of the Service, may be altered at any time in response to feedback from users of the Service or for other reasons. We will not be liable to you for any alteration to the Service.
(d) These general disclaimers are not restricted or modified by any of the specific warnings or disclaimers set out in clause 11.3.
11.3 Specific Warnings and Disclaimers
(a) The Trade Practices Act 1974 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to our provision of the Service to you which cannot be excluded, restricted or modified (“non-excludable rights”). We do not exclude any non-excludable rights but do exclude all other conditions and warranties imposed by customs, law or statute.
(b) Except as provided for by the non-excludable rights:
(i) the Service is provided to you without warranties of any kind, either express or implied; and
(ii) we do not warrant that the Service will be complete or free from all errors.
(c) With the exception of non-excludable rights, under no circumstances (including but not limited to any act or omission on our part or on the part of our employees or contractors) will we be liable (including liability for negligence) for any direct, indirect, special or consequential damages, including without limitation loss of profits, data or use, incurred by you or any third party, whether in an action in contract or tort, which result from our provision of the Service to you.
(d) To the fullest extent permitted by law, our liability for breach of an implied warranty or condition, which cannot be excluded, is limited at our option to (i) repayment of the fees paid by you over the past year; or (ii) our provision of the Service to you again.
12. Indemnity
You release and indemnify us, our servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand), which may be instituted against us:
(a) arising out of a breach of these Terms of Use by you or through your negligence or that of, your agents, employees or sub-contractors or of any other person for whose acts or omissions you are vicariously liable;
(b) by your servants, employees or agents or their personal representatives arising out of us providing the Service to you;
(c) arising out of the use of the Service provided to you being used by anyone other than you.
13. Force Majeure
We shall not be liable for any delay or failure to perform our obligations pursuant to these Terms of Use if such delay is due to Force Majeure. If a delay or failure by us to perform our obligations is caused or anticipated due to Force Majeure, the performance of our obligations will be suspended. “Force Majeure” means a delay caused by an event such as an “act of God” or any other event reasonably beyond our control.
14. Notices
Notification about renewing your subscription for the Service and other notices about changes to the Service or the Lyrebird Health website, including changes to fees or the fee structure, will be sent to you via the email address that is nominated on your Accounts Page.
15. General Provisions
15.1 These Terms of Use constitute the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing. We may assign our rights and obligations to a related body corporate.
15.2 If any part of these Terms of Use is held invalid, unenforceable or illegal for any reason, the remainder of the Terms of Use will remain otherwise in full force apart from such parts..
15.3 Those parts of these Terms of Use, which are capable of having effect when Service ends will remain in full force and effect following termination of the Service.
15.4 The Terms of Use will be governed by and construed according to the law of the State of Victoria Australia.