Terms of Use

Last updated: 19 October 2026

  1. Overview
    1. Emlyn SNR Pty Ltd ACN 699 413 397 (we, us, our or Emlyn) operates the Emlyn digital platform and related services (Platform).
    2. The Platform is an AI-supported administrative assistant designed for individual Australian general practitioners. It assists with administrative and productivity tasks, including drafting correspondence, reports, referrals and forms, processing text and documents, connected email and calendar functionality, administrative memory and billing reconciliation. This description in this clause and clause 3.2 is a general overview only and is not intended to be relied on as a complete or definitive statement of the Platform’s features or functionality, which we may maintain, update, modify, replace, limit, suspend or expand from time to time.
    3. These Terms and Conditions (Terms) record an agreement between you (you, your), as an individual registered medical practitioner who is legally entitled to practise medicine in Australia (Practitioner), and us for your access to and use of the Platform.
    4. You acknowledge that we and the Platform:
      1. are not a healthcare or clinical service and do not provide medical, diagnostic, therapeutic or other clinical advice or treatment;
      2. do not diagnose, assess, monitor or manage any patient’s health or clinical condition;
      3. do not determine diagnosis, treatment, severity, functional capacity, eligibility for benefits or clinical management;
      4. do not provide triage, crisis support or emergency services;
      5. do not supervise, direct or control your professional judgement, practice or services;
      6. do not lodge Medicare, NDIS, insurance, workers compensation or other claims or applications on your behalf;
      7. do not replace your obligation to independently review, verify and finalise any output generated through the Platform;
      8. do not guarantee that information or output generated through the Platform is complete, accurate, current or suitable for any particular purpose; and
      9. are not an electronic medical record, clinical record or practice-management system.
    5. You should read these Terms carefully before using the Platform.
  2. Acceptance of Terms
    1. By creating an account, accessing or using the Platform as a Practitioner, you accept these Terms and agree to be bound by them.
    2. If you do not agree to these Terms, you must not create an account, access or use the Platform.
    3. We may amend these Terms from time to time where reasonably necessary to:
      1. reflect changes to the Platform, our services or our business;
      2. comply with law, regulatory requirements, professional requirements or industry standards;
      3. address security, safety or operational matters; or
      4. clarify or improve these Terms.
    4. We will take reasonable steps to notify you of any material amendment before it takes effect, unless immediate amendment is reasonably necessary for legal, regulatory, security or safety reasons.
    5. Your continued use after the notified effective date constitutes acceptance of the amended Terms.
    6. These Terms apply each time you access or use the Platform.
  3. Nature and Purpose of the Platform
    1. The Platform is a software tool intended to support your administrative and productivity workflows as a medical practitioner.
    2. The functions available through your account from time to time may include:
      1. drafting correspondence, reports, referrals, forms and other documents based on information provided or made available by you;
      2. processing text and documents supplied by you for administrative assistance;
      3. connecting to personal or individually controlled email and calendar accounts where you authorise that functionality;
      4. storing and using your administrative preferences and workflow context through memory functionality;
      5. assisting with billing reconciliation and other administrative workflows; and
      6. using artificial intelligence and other functionality we make available from time to time.
    3. Our role is limited to providing the Platform and associated software services. We are not a party to the professional or clinical relationship between you and any patient or other person.
    4. The Platform does not independently determine the clinical significance of information processed through it and does not guarantee any clinical, professional or commercial outcome.
  4. Independent Practitioner Status
    1. You are an independent Practitioner and are not our employee, agent, partner, representative, contractor, clinical delegate or authorised representative.
    2. Nothing in these Terms creates any employment, agency, partnership, joint venture, contractor, fiduciary or other similar relationship between you and us.
    3. You remain solely responsible for all consultations, appointments, assessments, treatments, advice, reports, referrals, forms, communications and other professional or clinical services you provide (Practitioner Services), and must not represent that we approve, endorse, supervise or control your professional practice.
    4. You must not make any representation or enter into any obligation on our behalf unless we have expressly authorised you to do so in writing.
  5. Practitioner Eligibility
    1. You may only access or use the Platform as a Practitioner while you remain a registered medical practitioner legally entitled to practise medicine in Australia.
    2. You warrant that:
      1. all information you provide to us is accurate, current, complete and not misleading;
      2. you hold and will maintain all qualifications, registrations, licences, permits, checks and insurances required to provide Practitioner Services;
      3. you are not suspended, disqualified, restricted or prohibited from practice, except as disclosed to us in writing;
      4. you will not provide services outside your qualifications, registration, training, scope of practice or lawful authority;
      5. you will comply with all applicable laws, professional standards, codes, guidelines, registration obligations, ethical obligations and professional practice requirements; and
      6. you will promptly notify us if your registration, qualifications, insurance, disciplinary status, scope of practice, eligibility to practise or ability to provide Practitioner Services changes.
    3. We may request reasonable evidence of your registration, professional standing, insurance or eligibility to use the Platform at any time.
    4. You must provide any requested evidence within a reasonable time and in any event no later than 7 days after our request, unless we agree otherwise.
  6. Trial or Beta Participation
    1. This clause applies only if we notify you that your account or participation forms part of a trial, pilot, evaluation, early-access or beta program (Trial Program).
    2. During a Trial Program:
      1. some features may be new, incomplete, limited or under evaluation;
      2. functionality may change, be restricted, be interrupted or be withdrawn;
      3. we may collect feedback and usage information to evaluate and improve the Platform;
      4. participation may be free, discounted or subject to additional instructions or conditions notified to you; and
      5. you must independently review and verify all outputs and must not rely on the Platform as a substitute for professional judgement.
    3. You must comply with any reasonable Trial Program instructions, safeguards or usage restrictions notified by us, including restrictions designed to protect patient information or preserve human review.
    4. We may end or change a Trial Program at any time where reasonably necessary for development, legal, regulatory, privacy, security, safety or operational reasons. Ending a Trial Program does not automatically end these Terms or your access to the Platform if we continue to make the Platform available to you.
    5. The remaining provisions of these Terms continue to apply during and after a Trial Program.
  7. Practitioner Account and Onboarding
    1. To use the Platform, you may be required to create an individual account and complete onboarding steps required by us.
    2. You may be required to provide information reasonably required to:
      1. establish and administer your account;
      2. identify you and, where relevant, your practice;
      3. verify your registration, professional standing or eligibility where reasonably required;
      4. confirm your eligibility to use the Platform;
      5. support Platform functionality, integrations or connected-account workflows; or
      6. comply with legal, regulatory, security or operational requirements,

together with any other information reasonably required to onboard you or provide the Platform (Practitioner Data).

  1. Connected Accounts and Authorised Information
    1. The Platform may allow you to connect personal or individually controlled email, calendar or other accounts that we make available from time to time (Connected Accounts).
    2. You may connect only an account that is individually controlled by you and that the Platform permits you to connect. You must have authority to grant the requested permissions and to use information accessible through that account for the relevant Platform function.
    3. You must not connect a practice clinical inbox or shared organisational account. We may restrict eligible accounts or domains through the Platform.
    4. You are responsible for ensuring that information made available through a Connected Account is lawfully accessible and may be processed through the Platform for the relevant purpose.
    5. You may disconnect a Connected Account through available Platform functionality. Disconnecting an account does not affect obligations arising from information already lawfully processed before disconnection.
  2. Verification and Credential Checks
    1. We may request, review or verify Practitioner Data as part of onboarding, account administration, Practitioner verification or ongoing Platform integrity processes.
    2. Any verification or credential check undertaken by us may be limited and is for our internal Platform administration and integrity purposes only.
    3. Our review or verification of Practitioner Data does not:
      1. make us responsible for the accuracy, completeness or currency of your information;
      2. constitute clinical approval, endorsement, accreditation or certification by Emlyn;
      3. guarantee your qualifications, suitability, professional standing, competence or compliance;
      4. relieve you from responsibility for maintaining all required qualifications, registrations, permits, checks and insurance;
      5. require us to monitor, audit or re-verify your credentials on an ongoing basis; or
      6. create any duty for us to your patients or any other person in relation to Practitioner Services.
    4. You must notify us as soon as reasonably practicable if your registration becomes subject to conditions, you become subject to disciplinary or regulatory action, you cease practising, or another circumstance arises that may reasonably affect your eligibility to use the Platform.
  3. Professional and Clinical Responsibility
    1. You retain sole responsibility for all Practitioner Services and for determining whether, when and how the Platform is used in your professional practice.
    2. You must exercise your own professional judgement in connection with all information, drafts, outputs and actions arising from your use of the Platform.
    3. The Platform is an administrative assistance tool only and does not replace any clinical, professional, legal, ethical or record-keeping obligation applying to you.
    4. You are solely responsible for:
      1. all diagnosis, treatment, clinical assessment, patient management and follow-up;
      2. obtaining all necessary consents, authorities and permissions for information you provide or make available through the Platform;
      3. reviewing, checking, editing and approving any draft, report, referral, form, correspondence or other output generated through the Platform before use;
      4. determining whether and how information or outputs are used in Practitioner Services;
      5. exercising your own professional judgement;
      6. determining eligibility, severity, functional capacity or other clinical matters for any NDIS, insurance, workers compensation or similar document;
      7. mandatory reporting and other legal or professional obligations;
      8. all communications and external submissions made by or on your behalf;
      9. maintaining complete clinical and practice records; and
      10. all clinical decisions and outcomes arising from or connected with Practitioner Services provided or omitted by you.
    5. You must not rely on the Platform, an AI-generated output or information displayed through the Platform as a substitute for your own professional judgement.
    6. You must not represent that Emlyn provides clinical oversight, monitoring, endorsement or accreditation, or that Emlyn has made or approved a clinical decision.
    7. Emlyn does not determine whether information processed through the Platform gives rise to a mandatory reporting, patient-safety, follow-up or other legal or professional obligation.
    8. If information processed through the Platform may require assessment, reporting, follow-up or other action, you must:
      1. exercise your own professional judgement;
      2. determine whether any legal, professional, ethical or clinical obligation arises; and
      3. take any action required by applicable law and your professional obligations.
    9. Nothing in these Terms determines when a mandatory reporting or other legal obligation arises. The applicable obligation must be determined by reference to applicable law, professional standards and the relevant circumstances.
  4. AI Outputs and External Actions
    1. You are responsible for determining when and how the Platform is used as part of your professional practice.
    2. You acknowledge and agree that:
      1. the Platform may use artificial intelligence and automated technologies to generate drafts, summaries, suggestions or other outputs;
      2. outputs may be incomplete, inaccurate, outdated, misleading or unsuitable for the intended purpose;
      3. you must independently review, verify and, where necessary, correct each output before relying on, using, sending, submitting or incorporating it into a professional or clinical workflow;
      4. you remain responsible for the accuracy and appropriateness of any final document, communication, claim, form or submission;
      5. the Platform does not independently determine the clinical or professional significance of information processed through it;
      6. you must determine whether any follow-up, assessment, report, referral, intervention or other action is required;
      7. you must comply with applicable legal, professional, ethical, reporting and record-keeping obligations; and
      8. you must not use the Platform in a way that circumvents human review or another safeguard or product control implemented by us.
    3. Where the Platform enables an external action or communication, you must review and give transaction-specific confirmation before it is sent or committed. We must not dispense with that confirmation for a workflow involving patient information merely by notifying you of a different workflow.
    4. Nothing in this clause limits your obligations under applicable law, professional or ethical requirements, or an express safeguard notified through the Platform.
    5. If you access, review or use information or an output through the Platform, you remain responsible for:
      1. assessing its clinical or professional significance;
      2. determining whether follow-up or other action is required; and
      3. complying with any applicable legal, professional, ethical, reporting, patient-safety or record-keeping obligation.
    6. Outputs generated through the Platform:
      1. may be incomplete, inaccurate, outdated or misleading;
      2. may omit context or information relevant to your professional judgement;
      3. may contain errors arising from source information, artificial intelligence or third-party services; and
      4. must not be relied on without the independent review and professional judgement you consider appropriate.
    7. Emlyn is not responsible for determining:
      1. whether an output is clinically or professionally significant;
      2. whether an output should be used, communicated or submitted;
      3. whether an output requires follow-up or other action; or
      4. whether you have complied with your legal, professional, ethical, reporting or record-keeping obligations.
  5. Patient Information and De-identification Controls
    1. You must use the Platform and any onboarding, collection, consent and information-handling processes made available by us and must not take any action intended to circumvent a privacy, de-identification, security or human-review safeguard.
    2. You must not make any representation to a patient or other person that is inconsistent with:
      1. these Terms;
      2. our Privacy Policy;
      3. a collection notice, consent process, warning or instruction displayed through the Platform; or
      4. the nature and functionality of the Platform.
    3. Where patient or other third-party information is processed through the Platform, you must:
      1. ensure that you and, where applicable, your practice have a lawful basis and all necessary authority to provide or make that information available for the relevant purpose;
      2. comply with applicable privacy, health-records, confidentiality and professional obligations;
      3. not deliberately bypass, disable or circumvent a de-identification control, or provide patient identifiers through a workflow that is not designed to receive them;
      4. not attempt to override or evade a technical restriction that blocks or redacts patient identifiers;
      5. not use administrative memory to deliberately retain patient clinical histories or other patient-specific clinical information;
      6. not connect a practice clinical inbox or another account that the Platform does not permit or that you are not authorised to connect;
      7. maintain all required patient and clinical records independently of the Platform;
      8. ensure that patient-facing privacy or collection arrangements used by you or your practice are appropriate for the relevant workflow; and
      9. comply with any reasonable information-handling instructions or safeguards notified through the Platform.
    4. Your acceptance of these Terms does not constitute consent or authority on behalf of a patient or other third party.
    5. We do not determine whether your collection, use or disclosure of patient or other third-party information is lawful and you remain responsible for satisfying your applicable obligations.
    6. A Practitioner practising in the Australian Capital Territory must not use a Platform workflow involving patient information unless we have notified the Practitioner that the relevant workflow is available for use in the ACT.
  6. Clinical Records, Retention and Account Closure
    1. The Platform is not intended to operate as your complete or permanent clinical record system. You remain responsible for maintaining all clinical and practice records required by law and your professional obligations.
    2. You are responsible for reviewing any information or output generated through the Platform and determining whether it should be included in your clinical or practice records.
    3. Any personal information, sensitive information or health information relating to a patient or other third party that is processed through or in connection with the Platform is Patient Information. Patient Information processed through the Platform is not intended to be retained by Emlyn as a permanent clinical record.
    4. Before closing your account, you should retain or export any information you require where that functionality is available. Closing your account does not affect your clinical record-keeping, privacy, confidentiality or professional obligations.
    5. You must notify us as soon as reasonably practicable, and in any event within 24 hours, after becoming aware of an actual or suspected privacy or security incident affecting Patient Information. We will notify each affected Practitioner within 24 hours after confirming a privacy or security breach affecting that Practitioner or Patient Information processed through that Practitioner’s account. Each party must reasonably cooperate with the other where reasonably necessary for the other party to comply with its legal obligations.
  7. Privacy
    1. We handle Practitioner Data and Patient Information in accordance with our Privacy Policy available at https://emlyn.ai/privacy and applicable law.
    2. We may create and use aggregated or de-identified information where permitted by law, provided it does not reasonably identify you, a patient or another individual.
  8. Professional Conduct
    1. You must comply with all applicable laws, professional standards, ethical obligations and registration requirements in connection with your use of the Platform and the Practitioner Services you provide.
    2. You must not, through or in connection with the Platform:
      1. make a misleading or deceptive statement;
      2. misrepresent your qualifications, registration, professional experience or relationship with us;
      3. represent that Emlyn provides clinical supervision, endorsement or accreditation;
      4. make unsupported claims regarding clinical outcomes or the Platform;
      5. use the Platform in a manner that is unlawful or inconsistent with your professional obligations; or
      6. engage in unlawful, misleading or improper conduct through or in connection with the Platform that may reasonably be expected to cause material harm to the reputation or integrity of Emlyn or the Platform.
    3. You must promptly correct or remove content if we reasonably request you to do so.
  9. Acceptable Use
    1. You must use the Platform only for its intended purpose and in accordance with these Terms, any reasonable instructions we provide and applicable law.
    2. You must not:
      1. allow another person to use your account or access Patient Information through your account;
      2. impersonate another person or misrepresent your identity;
      3. use the Platform for an unlawful, fraudulent or unauthorised purpose;
      4. interfere with, disrupt or compromise the Platform or a connected network or system;
      5. attempt to gain unauthorised access to an account, database, system or secure part of the Platform;
      6. introduce malware, viruses or harmful code;
      7. scrape, crawl or use automated means to access or extract information from the Platform;
      8. reverse engineer, decompile, disassemble, copy or attempt to derive the source code or underlying operation of the Platform;
      9. infringe any intellectual property, privacy, confidentiality or other right;
      10. use the Platform in a way that may expose Emlyn, a patient, another person or the Platform to material legal, regulatory, privacy, security, safety or reputational risk; or
      11. circumvent or attempt to circumvent any de-identification, privacy, security, connector, access-control or human-review safeguard implemented through the Platform.
  10. Practitioner Fees
    1. You must pay the fees displayed at sign-up, on our pricing page at https://emlyn.ai/pricing or otherwise agreed with us (Practitioner Fees), together with GST where applicable.
    2. Unless otherwise stated at sign-up, paid subscriptions automatically renew for successive billing periods until cancelled. You authorise us or our payment provider to charge the applicable Practitioner Fees for each renewal.
    3. You may cancel your subscription at any time. Unless otherwise stated or required by law, cancellation takes effect at the end of the current paid billing period and does not entitle you to a refund for the unused portion of that period. Nothing in these Terms limits any right or remedy under the Australian Consumer Law.
    4. If we accept you as a founding member, you will receive a $50 per month discount from the list price of your applicable subscription tier while you remain continuously subscribed.
    5. We may change our fees or subscription tiers on reasonable prior notice. Any change will apply from a subsequent renewal, and you may cancel before the change takes effect.
  11. Third-Party Services
    1. We may use third-party providers, systems and infrastructure to operate, host, maintain, support, communicate through, analyse, authenticate, secure or improve the Platform, including providers of artificial intelligence, cloud hosting, authentication, connected-account functionality and payment processing.
    2. The third parties and technologies we use may change from time to time.
    3. The Platform may contain links to or interact with third-party services, including email, calendar, payment and AI services, that are subject to separate terms, policies, functionality and availability requirements.
    4. We do not control third-party services and, to the extent permitted by law, are not responsible for their content, operation, availability, security, data practices or acts or omissions where those matters are outside our reasonable control.
    5. Nothing in this clause limits any right you may have under the Australian Consumer Law.
  12. Intellectual Property
    1. We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Platform for its intended purpose in accordance with these Terms.
    2. We and our licensors retain all intellectual property rights in the Platform, including its software, user interface, functionality, documentation, workflows, interfaces, databases, content supplied by us and other technology.
    3. Nothing in these Terms transfers ownership of the Platform or our intellectual property to you or gives you a right to sublicense the Platform or your account.
    4. As between you and us, you retain any intellectual property rights you hold in content supplied by you.
    5. You may use, edit, reproduce, communicate and otherwise use drafts and other outputs generated for you through the Platform in connection with your professional practice.
    6. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, communicate and process content supplied by you only to the extent reasonably necessary to provide, administer, secure, troubleshoot and support the Platform, comply with law and exercise our rights under these Terms. We do not use identifiable Patient Information to train AI models or for unrelated product development.
    7. We may use your name, image, practice name, logo, testimonial, feedback or other identifying information in promotional material or a case study only with your prior consent.
    8. The licence in this clause does not permit us to use identifiable Patient Information for promotional purposes. Our handling of Patient Information under this licence remains subject to clause 14, our Privacy Policy and applicable law.
    9. You warrant that you have all rights, licences, consents and permissions required to provide content and grant the licences in this clause.
    10. If you provide feedback, suggestions or ideas about the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and incorporate that feedback to develop, improve and commercialise the Platform, provided we do not identify you or disclose confidential information except with your consent or as permitted by law.
  13. Platform Availability and Changes
    1. We may maintain, update, modify, replace, restrict, suspend or discontinue all or part of the Platform from time to time.
    2. We may do so for reasons including maintenance, development, security, compliance, technical issues, changes to third-party services, business requirements or events outside our reasonable control.
    3. We do not guarantee that the Platform will:
      1. be continuously available;
      2. operate without delay, interruption or error;
      3. be compatible with every device, browser, connected account, practice management system or other system;
      4. retain every feature or item of functionality indefinitely; or
      5. meet your particular clinical, professional or commercial requirements.
    4. Where reasonably practicable, we will take reasonable steps to minimise material disruption.
    5. You are responsible for obtaining and maintaining the devices, software, internet access and other systems reasonably required to use the Platform. We are not responsible for delay or failure caused by your systems, connectivity, acts or omissions, or failure to provide information or cooperation reasonably required by us.
  14. Suspension and Termination
    1. We may suspend, restrict or terminate your account or access to all or part of the Platform where we reasonably consider that:
      1. you have breached these Terms;
      2. you have failed to pay Practitioner Fees when due;
      3. you have provided inaccurate, outdated, incomplete or misleading information;
      4. your registration, qualifications, professional standing or insurance has lapsed, changed or become subject to conditions that may affect your eligibility;
      5. you are subject to disciplinary proceedings or regulatory action that may affect your continued use of the Platform;
      6. you have misused Patient Information, a Connected Account or a Platform safeguard;
      7. you materially fail to comply with your review, privacy, de-identification, human-review or other obligations under these Terms;
      8. your account or the Platform may have been compromised;
      9. your continued access creates a legal, regulatory, privacy, security, patient-safety or reputational risk;
      10. action is required by law, a regulator, professional body or competent authority;
      11. we discontinue the Platform or cease offering it to Practitioners generally, after giving reasonable notice where practicable; or
      12. action is otherwise reasonably necessary to protect Emlyn, patients, Practitioners, or the Platform from material legal, regulatory, privacy, security, safety or operational risk.
    2. We may take immediate action without prior notice where reasonably necessary for legal, safety, security or urgent operational reasons. Where immediate action is not required, we may give you notice and a reasonable opportunity to address the issue.
    3. You may terminate your account or cancel your subscription in accordance with clause 17.3.
    4. Termination does not affect rights or obligations that arose before termination and does not relieve you from outstanding payment, clinical record, privacy, confidentiality or other obligations intended to continue.
    5. Clauses intended by their nature to continue after termination survive, including clauses relating to Practitioner responsibility, Patient Information, clinical records, confidentiality, intellectual property, liability, indemnity, dispute resolution and general provisions.
  15. Warranties and Disclaimers
    1. You represent and warrant that:
      1. you have authority to enter into these Terms;
      2. Practitioner Data and content supplied by you are accurate, current, complete and not misleading;
      3. you hold and will maintain all qualifications, registrations, licences, permits and insurance required to practise;
      4. you will comply with applicable laws, professional standards, codes, guidelines and ethical obligations;
      5. you will not provide Practitioner Services outside your qualifications, registration, training, scope of practice or lawful authority;
      6. you will exercise your own professional judgement in connection with all clinical decisions;
      7. you will only access and use Patient Information lawfully and for authorised purposes;
      8. you will independently review all outputs generated through the Platform before relying on, using, sending or submitting them; and
      9. you will comply with these Terms.
    2. Except as expressly stated in these Terms and subject to rights that cannot lawfully be excluded, the Platform is provided on an “as available” basis.
    3. We do not warrant or represent that:
      1. the Platform will meet your particular requirements;
      2. the Platform will be uninterrupted, secure, error-free or continuously available;
      3. any third-party service, integration or system will be continuously available, secure or error-free;
      4. every input, output or item of information processed through the Platform will be received, processed, stored or displayed without delay or error;
      5. Patient Information or AI-generated outputs will be complete, accurate, current or clinically significant;
      6. errors will be corrected; or
      7. use of the Platform will produce any particular clinical, professional or commercial outcome.
    4. We are not responsible for communications, representations, advice, instructions, treatment, clinical decisions or information provided, approved or submitted by you through or outside the Platform.
  16. Australian Consumer Law
    1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or another applicable law that cannot lawfully be excluded, restricted or modified.
    2. To the extent permitted by law, where our liability for breach of a non-excludable consumer guarantee can be limited, our liability is limited, at our option, to:
      1. supplying the relevant services again; or
      2. paying the cost of having the relevant services supplied again.
  17. Limitation of Liability
    1. Subject to clause 23 and to the extent permitted by law, we are not liable for:
      1. indirect, consequential, special, punitive or exemplary loss;
      2. loss of profit, revenue, business opportunity, goodwill or reputation;
      3. business interruption;
      4. loss, corruption or unavailability of information, records or data;
      5. interruption, delay, unavailability or malfunction of the Platform;
      6. loss caused by a third-party service, network, device, integration or system outside our reasonable control;
      7. loss arising from:
        1. incomplete, inaccurate, outdated, delayed or misleading information or AI-generated output;
        2. your failure to independently review, verify or correct an output before use;
        3. your use, communication or submission of an output or document generated through the Platform; or
        4. your failure to access, review, interpret or act on information processed through the Platform;
      8. any diagnosis, treatment, advice, decision, omission, patient management or Practitioner Services provided or omitted by you or another practitioner;
      9. an act, omission, behaviour or information supplied by you, a patient or another third party; or
      10. use of the Platform contrary to these Terms or our reasonable instructions.
    2. Our liability is reduced to the extent that your act or omission caused or contributed to the relevant loss.
    3. To the extent permitted by law and subject to rights you may have under the Australian Consumer Law, our maximum aggregate liability arising from or in connection with the Platform or these Terms is limited to the greater of:
      1. Practitioner Fees paid by you to us in the 12 months before the event giving rise to the claim; and
      2. $5,000.
    4. The limitations in this clause do not apply to liability that cannot lawfully be excluded or limited.
  18. Indemnity
    1. You indemnify us and our related bodies corporate, officers, employees, contractors and licensors against third-party claims, losses, liabilities and reasonable costs arising directly from:
      1. Practitioner Services provided or omitted by you;
      2. your negligence, unlawful provision or omission of Practitioner Services or breach of law;
      3. your breach of professional, registration, insurance, privacy, confidentiality, health-record or record-keeping obligations;
      4. your unauthorised access, use or disclosure of Patient Information or a Connected Account;
      5. inaccurate, incomplete or misleading Practitioner Data, information or content supplied by you;
      6. content supplied by you that infringes another person’s intellectual property, privacy, confidentiality or other legal rights;
      7. your circumvention of a de-identification, privacy, security, access-control or human-review safeguard; or
      8. your material breach of these Terms.
    2. Your liability under this clause is reduced to the extent that our act or omission caused or contributed to the relevant claim or loss.
    3. We must take reasonable steps to mitigate any loss claimed under this clause.
    4. We may control the defence or settlement of a claim covered by this indemnity. You must reasonably cooperate with us and must not settle the claim without our prior written consent. We must not agree to a settlement that imposes a non-monetary obligation on you without your consent.
  19. Confidentiality
    1. Each party must keep confidential information received from the other party or through the Platform confidential and must not use or disclose it except as reasonably necessary to perform its obligations or exercise its rights under these Terms, as described in our Privacy Policy, with the relevant person’s consent or as required or permitted by law.
    2. Confidential information includes Patient Information, non-public business information, technical information, pricing, commercial and operational information, security information, software architecture, interfaces, documentation and information identified as confidential or which ought reasonably to be understood as confidential.
    3. Confidential information does not include information that is public other than through breach, was lawfully known without restriction, is independently developed without use of confidential information, or is lawfully received from another person without a confidentiality obligation.
    4. A party may disclose confidential information to its employees, contractors, professional advisers and insurers who need to know it and are subject to confidentiality obligations. A party may also disclose confidential information to a bona fide prospective purchaser, investor or financier in connection with a proposed corporate transaction, provided that person is subject to appropriate confidentiality obligations.
    5. The obligations in this clause survive termination of these Terms.
  20. Dispute Resolution
    1. If a dispute arises between you and us in connection with these Terms or the Platform, either party may give the other written notice of the dispute.
    2. The parties must use reasonable endeavours to resolve the dispute in good faith.
    3. If the dispute is not resolved within 20 business days, excluding Saturdays, Sundays and public holidays in Victoria, after notice is given, either party may refer the dispute to mediation in Victoria.
    4. Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief.
  21. Transfer of Rights and Obligations
    1. These Terms bind you and us and our respective successors and permitted assignees.
    2. You must not assign or transfer your rights or obligations under these Terms without our prior written consent.
    3. We may assign, transfer, novate, subcontract or otherwise deal with our rights or obligations under these Terms as part of a restructure, financing, sale of business or assets, or change to our service arrangements.
    4. Where required by law, we will give you reasonable notice of an assignment or transfer that materially affects your rights. An assignment or novation will not materially reduce your rights under these Terms or the protections applicable to information handled through the Platform. We will give you reasonable notice of a material transfer and, if it materially adversely affects you, you may cancel and receive a proportionate refund of prepaid fees for the unused period.
  22. Force Majeure
    1. We are not liable for any failure or delay caused by an event outside our reasonable control.
    2. Such events may include natural disasters, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, industrial action, governmental action, telecommunications failure, internet failure, cyber incident, utility failure, hosting failure or third-party infrastructure outage.
    3. We may suspend or modify the affected services for the duration of the event and will take reasonable steps to resume them when practicable.
  23. General
    1. We may collect and use technical, diagnostic and usage information to operate, administer, secure, investigate, support and improve the Platform, subject to our Privacy Policy and applicable law.
    2. We may communicate with you electronically using contact details associated with your account or through the Platform.
    3. A notice may be given through the Platform or sent to the most recent contact details you have provided. A notice sent electronically is taken to be received when it is capable of being retrieved by you, subject to applicable law.
    4. Serious, repeated or threatening abuse directed at our officers, employees, contractors or representatives may result in immediate suspension or termination of your account.
    5. Our failure or delay in exercising a right does not waive that right.
    6. If any provision is invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue.
    7. These Terms and any documents expressly incorporated by reference constitute the entire agreement between you and us concerning your access to and use of the Platform as a Practitioner.
    8. The Platform is intended for use in Australia. We do not represent that it is lawful or appropriate for use in another jurisdiction.
    9. Questions about these Terms may be sent to support@emlyn.ai.
    10. These Terms are governed by the laws of Victoria, Australia.
    11. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.