Terms of Service

Introduction

Welcome to SwiftHx. These Terms of Service ("Terms") govern your access to and use of the SwiftHx platform, including any content, functionality, and services offered on or through our platform (collectively, the "Service").

Please read these Terms carefully before using our 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.

In Australia, we are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles. These Terms should be read in conjunction with our Privacy Policy, which explains how we handle your personal information in accordance with these legal requirements.

Definitions

Throughout these Terms, the following definitions apply:

• "SwiftHx," "we," "us," and "our" refer to SwiftHx and its affiliates.
• "You" and "your" refer to the individual or entity accessing or using the Service.
• "Content" refers to all information, data, text, software, graphics, and other materials that may be accessed through the Service.
• "User Data" refers to information and data submitted by you to the Service.
• "Patient Information" refers to any information related to patients that is entered into or processed by the Service.
• "AI Processing" refers to any processing of data using artificial intelligence or machine learning technologies, including services provided by third parties such as OpenAI.
• "Consent" refers to express permission given by a user for specific data processing activities.

Account Registration and Security

To access certain features of the Service, you may be required to register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account and password
• Accept responsibility for all activities that occur under your account
• Promptly notify us of any unauthorized use of your account or breach of security

We reserve the right to disable any user account if we believe you have violated these Terms.

Healthcare Professional Requirements

The Service is intended for use by licensed healthcare professionals. By using the Service, you represent and warrant that:

• You are a licensed healthcare professional in good standing in your jurisdiction
• You will use the Service in accordance with applicable laws, regulations, and professional standards
• You will exercise independent professional judgment when using the Service's recommendations and generated content
• You understand that the Service is designed to assist, not replace, your professional judgment
• You will obtain appropriate patient consent for the use of AI technologies in processing their health information when required by law
• You will comply with all applicable health records and privacy laws in your jurisdiction

Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by SwiftHx, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Service for your legitimate professional purposes only. You must not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as incidental to normal use of the Service
• Decompile, reverse engineer, or attempt to access the source code of the Service
• Remove any copyright or other proprietary notices from the Service
• Transfer the materials to another person or "mirror" the materials on any other server

User Data and Patient Information

You retain all rights to your User Data. By using the Service, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, process, adapt, and publish the User Data solely to provide and improve the Service.

With respect to Patient Information:

• You represent that you have all necessary rights, consents, and authority to input Patient Information into the Service
• You are responsible for ensuring that your use of the Service complies with patient privacy laws applicable in your jurisdiction
• We will process Patient Information only in accordance with these Terms, our Privacy Policy, and applicable laws
• We will implement appropriate safeguards to protect Patient Information
• We will maintain detailed audit logs of all data processing activities involving Patient Information
• We will only process Patient Information for the purposes explicitly consented to by you and your patients

AI Processing and Consent

Our Service utilizes artificial intelligence technologies to analyze and process clinical information. With respect to AI Processing:

• We will only perform AI Processing on Patient Information with explicit consent
• You are responsible for obtaining appropriate consent from your patients for AI Processing of their information
• We provide tools to help you manage and document consent for AI Processing
• We implement technical measures to protect Patient Information during AI Processing, including anonymization
• We maintain a Zero Data Retention policy with our AI providers for sensitive information
• AI-generated outputs should always be reviewed by qualified healthcare professionals before clinical use

For users in Australia, our AI Processing is designed to align with the guidance provided by the Office of the Australian Information Commissioner regarding the use of artificial intelligence and privacy.

Prohibited Uses

You agree not to use the Service:

• In any way that violates any applicable law or regulation
• For the purpose of exploiting, harming, or attempting to exploit or harm minors
• To transmit any material that is defamatory, obscene, invasive of another's privacy, harassing, or otherwise objectionable
• To impersonate or attempt to impersonate SwiftHx, an employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service
• To interfere with the proper working of the Service
• To attempt to circumvent any security measures included in the Service
• To bypass or attempt to bypass the consent management system
• To use Patient Information for purposes not disclosed to or consented by the patient

Service Modifications and Availability

We reserve the right to withdraw or modify the Service, and any service or material provided through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SWIFTHX NOR ANY PERSON ASSOCIATED WITH SWIFTHX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Clinical Decision Support Disclaimer

The Service provides information, assessments, and recommendations that are intended to support, not replace, the relationship that exists between a patient and their healthcare provider. The Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition.

YOU ACKNOWLEDGE THAT:

• The Service's assessments and recommendations are generated using artificial intelligence and may not be complete or error-free
• You must exercise your independent professional judgment when using the Service's recommendations
• The use of the Service does not establish a doctor-patient relationship between SwiftHx and any patient
• You remain fully responsible for all medical decisions, services, and advice provided to your patients
• AI-generated content should be reviewed and verified by qualified healthcare professionals before clinical use

Privacy and Data Protection

We are committed to protecting the privacy and security of your information and Patient Information. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information.

For the protection of Patient Information, we:

• Implement appropriate technical, organizational, and physical safeguards
• Restrict access to authorized personnel only
• Maintain comprehensive privacy audit logs
• Conduct regular security assessments
• Provide transparency in our data processing activities
• Offer detailed privacy controls and consent management tools

In Australia, we comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We also adhere to relevant state and territory health records legislation.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SWIFTHX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless SwiftHx, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of Australia, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the courts of Australia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Changes to Terms of Service

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms, our Privacy Policy, and any other agreements or terms expressly incorporated by reference constitute the sole and entire agreement between you and SwiftHx with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.

Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@swifthx.com
Address: Suite No 64
Level 23, Collins Square Tower Five
727 Collins Street
Melbourne VIC 3008