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Terms of Use

1. Introduction

The Seer Medical Group (“Seer Medical”) (hereinafter also referred to as “us”, “we”, “our” and “Seer Medical”) offers healthcare professionals and other healthcare providers such as hospitals or clinics (hereinafter referred to as “Medical Professionals") and epilepsy patients (hereinafter referred to as "Patients", and together with Medical Professionals hereinafter referred to as “Users”, “You” or “Your”) a software solution accessible via Seer Medical’s web-application (hereinafter referred to as the “Cloud”) and via mobile app (“Seer Medical App” and collectively with the cloud, the “Platform"), for the uploading and review of Patient medical data in an easy, secure and privacy-compliant way.

THE PLATFORM DOES NOT CONSTITUTE MEDICAL ADVICE, NOR DOES IT REPLACE SUCH ADVICE. The Seer Medical App is merely a tool for Patient medical data to be uploaded and stored to assist Patients keep track of their seizures, medications, and other data relevant to their epilepsy. It allows Patients and their Medical Professionals to access this data and in certain jurisdictions, may also provide insights based on this data (e.g. seizure risk) to help Patients manage their epilepsy. The Cloud stores EEG-ECG monitoring data to assist Medical Professionals with their diagnosis of epilepsy.

Patients must not use the Platform to diagnose, treat, cure or prevent any illness and should always consult with their relevant Medical Professional on the right course of treatment. THE PLATFORM EXPLICITLY DOES NOT REPRESENT A CONSULTING OR OTHER MEDICAL TREATMENT TOOL.

The User acknowledges and accepts that the Platform is designed as a secure diagnostic and communication tool for the healthcare industry and therefore may not be used as a repository or archive for content. If content is stored on our servers, this is done solely to ensure the functionality of the Platform.

IMPORTANT NOTICE

These Terms of Use (“Terms of Use”) apply to the use of the Platform by Patients and Medical Professionals. By accessing and/or using the Platform and the associated services, you agree to these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT USE THE PLATFORM.

IF YOU FAIL TO COMPLY WITH THESE TERMS OF USE, WE RESERVE THE RIGHT TO TAKE LEGAL ACTION, IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.

2. License

Accepting these Terms of Use you acknowledge and agree that the Platform is provided under license, and not sold, to you.

In consideration of you agreeing to abide by these Terms of Use, we grant you a non-transferable, non-exclusive, revokable, limited licence to use the Platform, subject to these Terms of Use (including our Privacy Policy) and any rules or policies applied by any appstore provider or operator from whose site the end-user downloaded the Seer Medical App (e.g. https://play.google.com/store/apps or https://itunes.apple.com/gb/genre/ios/id36).

Seer Medical reserves the right to change functionalities or features of the Platform at any time.

We reserve all other rights.

3. Registration

You may need to be a registered member to access our products and services of the Platform.

When you register and activate your account, you will provide us with personal information and/or sensitive information including your name and email address. Additionally, if you are a Patient using the Platform as part of a diagnostic service provided by Seer Medical or another health care provider (e.g. a hospital or clinic) you may be required to complete a separate registration form. As part of completing this form, you may provide us with additional personal information and/or sensitive information such as your telephone number, date of birth, certain health information and any other personal and sensitive information that may be required to perform or use the requested services or Platform. We will handle all personal information and sensitive information we collect in accordance with our Privacy Policy and as further referenced in section 5 (Privacy) below.

If you are a Patient under the age of 16 years, you may not create an account or register as a member. If you are over 16 but under the age of 18, you must have your parent or legal guardian read and accept these Terms of Use on your behalf and take full responsibility for compliance with these Terms of Use. By consenting to these Terms of Use, downloading and/or using the Seer Medical App, or allowing it to be downloaded and/or used, you confirm that:

you are of legal age under the law of your place of residence;
you have the right, authority and legal capacity to consent to these Terms of Use;
you have read and understood these Terms of Use (including our Privacy Policy) and agree to be bound by these Terms of Use with respect to yourself and any minor child for whom you have custody

If you are a parent or guardian permitting a person under the age of 18 (a ‘Minor’) to create an account, you agree to:

exercise supervision over the Minor's use of the Platform and account;
assume all risks associated with the Minor's use of the Platform and their account, including the transmission of content or information to and from third parties via the Internet;
ensure that the content and information that the Minor may encounter on the Platform are suitable for the Minor;
assume liabilities resulting from the Minor's use of the Platform and their account;
ensure the accuracy and truthfulness of all information submitted by the Minor; and
provide the consents contained in these Terms of Use on behalf of the Minor.

4. Accounts, Access, Security

You are responsible for maintaining the confidentiality of the information stored on the Platform and for all activities that occur on the Platform through your account.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, you must not disclose it to any third party and you must notify us in writing immediately if you discover that such information has been compromised.

You agree to prevent unauthorised and unlawful access to the content and data collected, stored or transmitted via the Platform. This includes, for example: the choice of secure passwords; their regular change and secure storage; the use of protected Internet connections; and the use of technical protection devices on the equipment used (e.g. screen locks, privacy films, etc.).

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

You further agree to share and/or transmit via the Platform only such content that you have already stored, secured or kept by other means independent of the Platform. Seer Medical shall not be liable for loss of data if the Platform is used as an archiving medium in breach of contract and shall in no case cover the damage incurred by the user as a result of failure to comply with this obligation.

5. Privacy

In order to provide you with our products and services, we may process personal information and/or sensitive information about you and use it for the purposes set out in our Privacy Policy. You acknowledge that you are responsible for ensuring the accuracy of any such information.

By providing your personal information and/or sensitive information to us, you confirm that you have understood that this information will be collected, used, stored and disclosed as described by our Privacy Policy and these Terms of Use and in compliance with applicable regional privacy and health data protection laws, which may include the Privacy Act 1988 (Cth) and the Australian Privacy Principles, Regulation (EU) 2016/679 (General Data Protection Regulation), the DPA (Data Protection Act) 2018 and UK GDPR (General Data Protection Regulation), and/or the US Health Insurance Portability and Accountability Act of 1996 (HIPAA).

6. Accuracy, Completeness and Timeliness of Information

The information on the Platform is not comprehensive and is intended to provide an overview of the subject matter covered. While we use all reasonable efforts to ensure the accuracy and completeness of the information on the Platform, to the extent permitted by law, we make no warranty or guarantee regarding the information on this Platform.

We may at our sole discretion and without notice, modify or amend the Platform (including the Terms of Use) or the information, products or services described herein. We will notify you of changes to our Terms of Use. By continuing to use the Platform you agree to the amended Terms of Use. Regular installation of all software updates is required to maintain the contractual functionality of the Platform. If you do not comply with this, we assume no liability and no guarantee for the correct functioning of the Platform. You agree to promptly install any software update we provide, however we do not undertake to keep the Platform updated.

7. Linked sites

The Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we have no control over or rights to those linked websites. Accordingly, we do not endorse nor are we responsible for the content of such linked websites.

8. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Platform and in all of the content (including all text, graphics, logos, audio and software) made available on the Platform.

Your use of the Platform and use of and access to any content does not grant or transfer any rights, title or interest to you in relation to the Platform or the content. Any reproduction or redistribution of the Platform or the content is prohibited and may result in civil and criminal penalties. In addition, it is expressly prohibited to copy the content to any other server or location, for the purpose of publication, reproduction or distribution.

Without prejudice to any statutory limitations and exceptions, any further use, copying or reproduction of the Platform, the content or any part thereof is prohibited.

9. Licence restrictions

Without prejudice to the provisions of these Terms of Use or any applicable statutory provisions, you agree:

not to copy the Platform or related content except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform or related content;
not to make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform without prejudice to statutory limitations;
to keep all copies of the Platform secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Platform;
to include our copyright notice on all entire and partial copies you make of the Platform on any medium;
not to provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any third-party without prior written consent from us; and
to comply with all relevant laws and regulations.

10. Acceptable use restrictions

You must:

not use the Platform or any related services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data;
not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any related service, including the submission of any material (to the extent that such use is not licensed by these Terms of Use;
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any related services;
not use the Platform or any related services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
not collect or harvest any information or data from any services or our systems or attempt to decipher any transmissions to or from the servers running any services; and
not take any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals.

11. Assignment/Sub-Contracting

We may transfer or assign our rights and obligations under these Terms of Use to third parties, but this will not affect your rights or our obligations under these Terms of Use. If you do not agree to the assignment or transfer, you can delete your user account and inform us of this.

You may not transfer or assign any of your rights or obligations under these Terms of Use, nor sub-license the use (in whole or in part) of the Platform without prior written consent from Seer Medical.

12. Warranties and disclaimers

You understand and agree that the Platform, and any other rights or services provided by Seer Medical under these Terms of Use are provided strictly on an ‘AS IS’ basis. To the maximum extent permitted by law, we (or any of our employees, shareholders/members, consultants, directors, officers, or agents) give no guarantees, make no warranties or representations of any kind (either expressed or implied) about and assume no legal liability or responsibility for the Platform and related services or the related content, including but not limited to their, completeness, accuracy, currency, or suitability or fitness for a particular purpose, or that access will be uninterrupted or error-free or free from viruses, or that Platform and related services will be secure. The entire risk as to the quality and performance of the Platform is with you.

Seer Medical does not monitor in real time any data (including Patient medical data) uploaded to the Platform, either by the Patient, the Medical Professional or by Seer Medical during the course of any Patient monitoring and has no obligation to the Patient (or anyone) whatsoever to take any action in relation to any data that may be uploaded to the Platform.

To the maximum extent permitted by law, neither Seer Medical (nor any of our employees, shareholders/members, consultants, directors, officers, or agents, nor anyone else involved in creating, producing, or delivering the rights or services hereunder) shall be liable for any direct, indirect (including without limitation lost profits), incidental, special or consequential damages arising out of or relating to the Platform and services hereunder, use or inability to use such (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the platform to operate with any other programs), or out of any breach of any warranty, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if we (or our employees, shareholders/members, consultants, directors, officers, or agents), have been advised of the possibility of damages.

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Platform.

We reserve the right to interrupt, restrict, suspend or terminate your access to the Platform, any content or feature of the Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

You agree to indemnify us (and our employees, shareholders/members, consultants, directors, officers, or agents) against any damages incurred by us (or our employees, shareholders/members, consultants, directors, officers, or agents) arising out of or in connection with your use of the Platform, unless such damages are due to our (or our employees, shareholders/members, consultants, directors, officers, or agents) willful misconduct or gross negligence.

13. Termination

You are entitled to stop using the Platform at any time. We may choose to terminate your licence to use the Platform at any time and at our sole discretion.

We may terminate your licence to use the Platform immediately by written notice to you:

if you commit a material or persistent breach of these Terms of Use (other than any breach of Licence Restrictions or the Acceptable Use Restrictions) which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

On termination for any reason:

all rights granted to you under these Terms of Use (including your licence to access and use the Platform) shall cease;
you must immediately cease all activities authorised by these Terms of Use; and
we keep all content, information and (personal) data uploaded by users available for retrieval by users for a further 14 days after termination. After expiry of this period, the aforementioned content will be irrevocably deleted in accordance with data protection laws. Legal storage obligations or rights to which we are subject or to which we are entitled remain unaffected by this.

14. Notification

If you wish to contact us in writing, or if any condition requires you to give us notice in writing, you can send this to us by e-mail to info@seermedical.com. We will confirm receipt of this by contacting you in writing, normally by email.

If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your request for the Platform.

15. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.

16. Other important terms

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

In the event of any conflict between these Terms and Use and any services agreement agreed between Seer Medical and the User, the terms of that services agreement shall prevail.

Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

17. Jurisdiction and Governing Law

These Terms are governed by and interpreted in accordance with the laws of Victoria, Australia. Any disputes or claims relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

18. Definitions

‘Seer Medical Group’ means Seer Medical Holdings Limited ACN 615 849 986 of Level 4, 700 Swanston Street, Carlton, Victoria, 3053, Australia, and its subsidiaries, including but not limited to Seer Medical UK Pty Ltd of ℅ Gateley Legal, 1 Paternoster Square, London, England, EC4M 7DX, and Seer Medical LLC of 3 Germay Drive, Unit 4, Wilmington, New Castle County, Delaware 19804, USA.

This version was last updated on 30th May 2023.