Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Slay Pty Ltd (ABN 59 686 642 366) trading as PreConsult ("PreConsult", "we", "us", or "our") governing your access to and use of the PreConsult clinical decision support platform, website, and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and "you" refers to both you individually and the organisation.

2. Definitions

• "Clinical Decision Support" means AI-generated suggestions for differential diagnoses, treatment considerations, and billing codes provided to assist (not replace) practitioner clinical judgment.
• "Interview" means the pre-consultation health history collection process conducted via chat or voice interface.
• "Organisation" means a healthcare practice, clinic, hospital, or other entity that subscribes to PreConsult services.
• "Patient" means an individual who uses the Service to provide health information before a medical appointment.
• "Practitioner" means a healthcare professional (doctor, nurse, allied health professional, or other clinician) who uses the Service to review patient information and clinical suggestions.
• "Suggestions" means any AI-generated content including differential diagnoses, treatment considerations, billing codes, and clinical summaries.

3. Service Description

3.1 What PreConsult Does

PreConsult is a clinical decision support platform that:

• Collects patient health history through AI-guided conversational interviews
• Structures and summarises patient information for practitioner review
• Generates clinical decision support suggestions (differential diagnoses, treatment considerations)
• Suggests appropriate billing codes based on documented services
• Facilitates secure communication and data sharing between patients and healthcare providers

3.2 What PreConsult Does NOT Do

3.3 Regional Feature Availability

References to features in these Terms apply only where those features are available in your region. Contact your organisation administrator for details on feature availability.

3.4 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide reasonable notice where possible)
• Unscheduled maintenance or emergency repairs
• Factors outside our control (internet outages, third-party service failures)

Healthcare organisations should maintain alternative processes for patient intake during any service interruption.

4. Eligibility and Registration

4.1 Patient Eligibility

Patients must:

• Have an appointment scheduled with a participating healthcare provider
• Be at least 18 years old, or have parental/guardian consent if a minor
• Provide accurate and truthful health information
• Have the legal capacity to consent to health information collection

4.2 Practitioner Eligibility

Practitioners must:

• Be registered and in good standing with relevant professional bodies
• Be authorised by their Organisation to access the Service
• Maintain appropriate professional indemnity insurance
• Comply with all applicable professional standards and codes of conduct

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorised access or security breach
• Using multi-factor authentication where required

5. Patient Terms

5.1 Consent to Information Collection

By using the Service, patients consent to:

• Collection of personal and health information through the interview process
• Processing of information using AI technology
• Sharing of information with their healthcare provider and authorised staff
• Storage and retention of information as described in our Privacy Policy

5.2 Patient Responsibilities

Patients agree to:

• Provide accurate, complete, and honest health information
• Not use the Service for emergency medical situations
• Contact emergency services (000/999/911) for urgent medical needs
• Attend their scheduled appointment and follow up with their healthcare provider
• Inform their healthcare provider of any changes to their health status

5.3 No Medical Advice

Information collected through PreConsult is for your healthcare provider's review only. The Service does not provide medical advice. Any health-related content you see (such as follow-up questions or summaries) is generated to structure information for your practitioner — not to advise you on medical matters.

6. Practitioner Terms

6.1 Professional Responsibility

Practitioners acknowledge and agree that:

• All clinical decisions remain their sole professional responsibility
• AI-generated suggestions are decision support only and must be independently verified
• They must exercise independent clinical judgment in all patient care decisions
• They are responsible for the accuracy of any clinical documentation they approve
• They must comply with all applicable professional standards, guidelines, and regulations

6.2 Review Requirements

Practitioners must:

• Review all patient information and AI suggestions before clinical use
• Accept, modify, or dismiss AI suggestions based on their clinical judgment
• Verify billing codes are appropriate for the services actually provided
• Document any modifications or corrections to AI-generated content

6.3 Usage Policy

Practitioners must comply with our Usage Policy, which provides detailed guidance on appropriate use of AI clinical decision support.

6.4 Billing Code Responsibility

Submitting claims for services not provided, using incorrect codes, or billing for services that do not meet the relevant criteria may constitute fraud or improper billing, which can result in serious professional, civil, and criminal consequences. PreConsult accepts no liability for billing errors or improper claims.

7. Organisation Terms

7.1 Organisation Responsibilities

Subscribing Organisations agree to:

• Ensure all authorised users comply with these Terms and the Usage Policy
• Maintain appropriate administrative, technical, and physical safeguards for patient data
• Promptly notify us of any security incidents or unauthorised access
• Ensure practitioners are appropriately trained on Service use
• Maintain appropriate professional liability insurance

7.2 User Management

Organisations are responsible for:

• Managing user accounts and access permissions
• Promptly revoking access for departing staff
• Ensuring users complete required training
• Monitoring compliance with usage policies

7.3 Subscription and Payment

Payment terms are governed by the separate subscription agreement between the Organisation and PreConsult. Continued use of the Service is conditional on maintaining an active subscription in good standing.

8. Acceptable Use

8.1 Permitted Use

The Service may only be used for:

• Legitimate healthcare purposes within the scope of the practitioner-patient relationship
• Pre-consultation health history collection
• Clinical decision support for qualified healthcare practitioners
• Healthcare billing and documentation

8.2 Prohibited Use

You must not:

• Use the Service to provide medical advice, diagnosis, or treatment to patients
• Rely solely on AI suggestions without independent clinical verification
• Access patient information without authorisation or legitimate clinical need
• Share login credentials or allow unauthorised access
• Attempt to reverse engineer, decompile, or extract source code from the Service
• Use the Service to transmit malware, spam, or harmful content
• Interfere with or disrupt the Service or its infrastructure
• Use automated tools to scrape or extract data
• Circumvent security measures or access controls
• Submit false, misleading, or fraudulent billing claims
• Use the Service in violation of any applicable law or regulation

9. AI-Powered Services

9.1 Nature of AI Suggestions

PreConsult uses artificial intelligence to generate clinical suggestions. You acknowledge that:

• AI suggestions are probabilistic and may not always be accurate or complete
• AI cannot replace the clinical judgment of qualified healthcare professionals
• AI models are trained on historical data and may not account for unusual presentations
• All AI outputs must be reviewed and verified by qualified practitioners

9.2 AI Limitations

AI-generated suggestions may:

• Miss relevant differential diagnoses or treatment options
• Include suggestions that are not applicable to the specific patient
• Fail to account for all relevant clinical context
• Contain errors or inaccuracies that require correction

9.3 Human Oversight

PreConsult maintains a strict human-in-the-loop approach. No AI-generated clinical suggestion is implemented without practitioner review and explicit acceptance. Practitioners are responsible for all clinical decisions.

10. Intellectual Property

10.1 PreConsult Ownership

PreConsult owns all rights, title, and interest in:

• The Service, including all software, algorithms, and AI models
• Our trademarks, logos, and brand elements
• Documentation, training materials, and other content we create
• Aggregated, de-identified data and insights derived from Service use

10.2 User Content

You retain ownership of:

• Patient health information submitted to the Service
• Clinical notes and documentation you create
• Organisation-specific configurations and templates

You grant PreConsult a limited licence to use this content solely to provide and improve the Service.

10.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free licence to use such feedback to improve our products and services.

11. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect personal and health information.

For Organisations subject to specific data protection requirements (HIPAA, UK GDPR, etc.), we will enter into appropriate data processing agreements upon request.

12. Disclaimers and Limitations

12.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED SUGGESTIONS

12.2 Medical Disclaimer

PRECONSULT IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. ALL CLINICAL DECISIONS MUST BE MADE BY QUALIFIED HEALTHCARE PROFESSIONALS EXERCISING INDEPENDENT CLINICAL JUDGMENT.

12.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• PreConsult shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• PreConsult shall not be liable for any loss of profits, data, business opportunities, or goodwill
• PreConsult shall not be liable for any clinical outcomes or patient harm arising from practitioner decisions
• PreConsult's total liability shall not exceed the fees paid by your Organisation in the 12 months preceding the claim

12.4 Exceptions and Consumer Rights

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded by law

12.5 Consumer Protection Rights

If you are a consumer (an individual acting for purposes outside your trade, business, craft, or profession), you may have statutory rights under consumer protection laws that cannot be excluded or limited by contract. Nothing in these Terms affects those rights.

• Australia: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
• United Kingdom: Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015, including rights regarding services performed with reasonable care and skill.
• European Union: Nothing in these Terms affects your statutory rights under the Consumer Rights Directive 2011/83/EU or other applicable EU consumer protection laws.
• New Zealand: Nothing in these Terms affects your statutory rights under the Consumer Guarantees Act 1993.

12.6 Cooling-Off Period (UK/EU Consumers)

If you are a consumer in the United Kingdom or European Union who contracts with us directly (not through your healthcare organisation), you may have a right to cancel within 14 days of entering the contract without giving any reason. However, if you request that services begin during the cancellation period and then cancel, you may be required to pay for the services provided up to that point. To exercise your right to cancel, contact us at legal@preconsult.ai.

13. Indemnification

You agree to indemnify, defend, and hold harmless PreConsult and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Clinical decisions made using or based on Service outputs
• Your infringement of any third-party rights

14. Termination

14.1 Termination by You

You may stop using the Service at any time. Organisations may terminate their subscription in accordance with their subscription agreement.

14.2 Termination by PreConsult

We may suspend or terminate your access to the Service immediately if:

• You breach these Terms or the Usage Policy
• You engage in fraudulent, illegal, or harmful activity
• Your Organisation's subscription is terminated or in default
• Required by law or regulatory authority
• We reasonably believe your use poses a security or safety risk

14.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• You remain liable for any obligations accrued before termination
• Provisions that by their nature should survive will continue (including disclaimers, limitations of liability, and indemnification)
• Data retention and export will be handled in accordance with our Privacy Policy and applicable law

15. Changes to Terms

We may modify these Terms from time to time. When we make material changes:

• We will provide at least 30 days' notice before the changes take effect
• We will notify subscribing Organisations via email
• We will update the "Last updated" date at the top of this page

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

16. Governing Law and Disputes

16.1 Governing Law

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles.

16.2 Dispute Resolution

Before initiating formal legal proceedings, you agree to:

1. Attempt to resolve disputes informally by contacting us at legal@preconsult.ai
2. Participate in good faith mediation if informal resolution is unsuccessful

16.3 Jurisdiction

Any legal proceedings shall be brought exclusively in the courts of Victoria, Australia, and you consent to the exclusive jurisdiction of those courts.

16.4 Class Action Waiver

To the maximum extent permitted by applicable law, any disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This waiver does not apply where prohibited by law, including in jurisdictions that permit collective redress actions (such as the UK, EU member states, and Australia where representative proceedings are available).

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, Usage Policy, and any applicable subscription agreement, constitute the entire agreement between you and PreConsult regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

17.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor in the event of a merger, acquisition, or sale of assets.

17.5 Force Majeure

PreConsult shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or infrastructure failures.

17.6 Notices

Notices to PreConsult should be sent to legal@preconsult.ai. We will send notices to the email address associated with your account or Organisation.

18. Contact Information

Slay Pty Ltd (trading as PreConsult)
ABN 59 686 642 366 | ACN 686 642 366
Email: legal@preconsult.ai
Address: Melbourne, Australia

For privacy-related enquiries, please contact: privacy@preconsult.ai