Emsee App Terms of Use

Emsee Mobile App Terms of Use

Introduction
These Terms of Use govern your access to and use of the Emsee mobile application (‘App’). By downloading, installing, accessing or using the App, you agree to be bound by these Terms of Use. If you do not agree with any part of these Terms, you must not download, install, access or use the App.

IMPORTANT: Emsee does not provide clinical or health services via the App, and you must not submit personal health information via the App. The App is for general information only. The App is not a substitute for personalised professional health advice. Questions you submit in the App may be (in de-identified form) published to other App users.

Parties
These Terms of Use form a legally binding agreement between:
1. Emsee Health Pty Ltd (ABN 25 123 859 861) of 438 Burwood Road, Belmore NSW 2192 (‘Emsee’, ‘we’, ‘us’, or ‘our’); and
2. Any person who downloads, accesses, or uses the App (‘User’, ‘you’, or ‘your(s)’).

These Terms of Use take effect and apply each time you download, install, access, display or use the App.

1. Definitions
   In these Terms of Use, unless the context otherwise requires:
   
   1. App means the Emsee App mobile application, including all of its content, features, and functionality which includes providing access to Content and may include facilitating connections with Health Professionals;
   2. Content means all information, text, materials, images, data, links, software, or other material accessible through the App, other than User Content, and includes general information Emsee make available relating to menopause;
   3. Emsee Clinical Team means Emsee’s clinical team which includes Health Professionals;
   4. Fees means the fees payable by you for access to certain features of the App;
   5. Health Professional means a registered medical or health practitioner in Australia (which may include registered nurses and medical doctors);
   6. Platform means the platform or app marketplace you download the App from;
   7. Privacy Policy means our privacy policy available at https://emsee.co/privacy-policy/, as amended from time to time;
   8. Services means the services provided by Health Professionals through the App;
   9. Subscription means a recurring payment arrangement for access to premium features of the App;
   10. Terms of Use means these terms and conditions, as amended from time to time; and
   11. User Content has the meaning given in clause 7.a.
2. Use and Access 
   
   1. Right to use. You may download the App on your mobile device to view Content and User Content made available by us, for your personal and non-commercial use only. You may not use the App, Content and User Content for any other purpose.
      
   2. Age restriction. You must be at least 18 years of age to download, access, or use the App. By downloading, accessing, or using the App, you represent and warrant that you are at least 18 years of age.
   3. Location restriction. The App is designed and intended for Users in Australia only.
   4. Technical requirements. You are responsible for ensuring that your device meets the minimum technical requirements for the App as notified to you via the Platform.
   5. Charges. The App is free for you to download and use, with in-app purchases available for premium features and Content. Your telecommunications provider’s rates and fees will apply for accessing and downloading data within the App.
3. Updates and Availability
   
   1. Updates and Changes. Emsee may, from time to time, modify, update and make additions, deletions and corrections to the App and Content. If you have purchased paid features, Emsee will not materially degrade the functionality of the paid feature during your pre-paid subscription term. You agree to install any updates to the App and Content that Emsee makes available. If you do not install updates, you may not be able to access or use all features of the App.
   2. Availability. Emsee will use commercially reasonable efforts to make the App available at all times. However, Emsee does not guarantee that the App will be available uninterrupted or error-free. Emsee may suspend access to or withdraw the App from time to time for maintenance, updates, or other operational reasons.
4. IMPORTANT: NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH SERVICES
   
   1. General Information Only. The App provides general information regarding menopause, wellbeing and related topics. This information is provided for educational and informational purposes only. The App is not intended to provide personalised medical advice, diagnosis, or treatment.
   2. Third Party Material. Emsee may suggest or mention third party sites, information providers or resources via the App, Content and Services. Emsee does not endorse, recommend or sponsor these third party resources or their operators, or have responsibility for their content.
   3. Not a Diagnostic Tool. The App is not a diagnostic tool and is not designed to be used for the specific treatment of any particular condition. Any information, questionnaires, or assessments provided through the App are for general informational purposes only and should not be relied on for diagnosing or treating specific health conditions or menopause.
   4. Not a Substitute for Professional Advice. The App should not be used as a substitute for assessment, diagnosis, and treatment by a Health Professional independently of the App. You should always consult with a qualified Health Professional (independently of the App) regarding any specific medical conditions or symptoms you may have before making any decisions about your health.
   5. Connection to Emsee Clinical Team. For paid users, the App may facilitate connections between Users and the Emsee Clinical Team. Despite that some members of the Emsee Clinical Team are Health Professionals, interactions with the Emsee Clinical Team via the App are not health or medical services consultations and may not be with a Health Professional. Services and information provided by the Emsee Clinical Team is not intended as advice, recommendation or treatment; Emsee provides and suggests third party sources of general information and educational material, only. No information is provided on medication dosage or instruction, or any personalised treatment or advice.
   6. User Responsibility. You are solely responsible for: (i) evaluating the accuracy, completeness, or usefulness of any information, Content, or other materials made available through the App; (ii) obtaining appropriate Health Professional advice in relation to your health independently of the App; and (iii) any decisions or actions taken by you in reliance on the Content or Services
5. User Accounts and Registration
   
   1. Account Creation. To access certain features of the App, you may need to create a user account. When creating an account, you must provide accurate, current, and complete information. You agree to update your information as necessary to maintain its accuracy. Emsee will rely on the information you provide (and update) to contact you in connection with the App and these Terms of Use
   2. Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
   3. One Account Per User. You may not create more than one account for yourself or create an account for anyone else without their permission.
6. Subscriptions and Payments
   
   1. Free and Paid Features. The App offers both free and paid features. Access to certain features may require payment of Fees through a Subscription or one-time in-app purchases.
   2. Payment Processing. All payments are processed through third-party payment processors (such as Apple App Store or Google Play Store). These transactions are subject to the terms and conditions of the relevant payment processor, in addition to these Terms of Use.
   3. Subscription Terms. If you purchase a Subscription: (i) your Subscription will automatically renew at the end of each subscription period unless you cancel it before the renewal date; (ii) you can cancel your Subscription at any time via your App account settings and any other method Emsee may from time to time make available; (iii) no refunds of Fees will be provided unless expressly provided in these Terms of Use or required by applicable laws. When your Subscription ends you will lose access to the premium paid features of the App.
   4. Price Changes. Emsee may change our Fees at any time on notice to you, but no Fee change will take effect until the renewal of your Subscription. If you do not terminate your Subscription before the Fee change takes effect, you must pay the updated Fees to retain access to paid features.
   5. Taxes. All Fees are inclusive of applicable Australian taxes unless otherwise stated.
7. User Content and Submission
   
   1. User Content. If you access premium features (subject to applicable Fees), you may submit questions to the Emsee Clinical Team through the App (‘User Content’) subject to clause 4.e. By submitting User Content, you grant Emsee a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, copy, modify, create derivative works based on, distribute, publicly display, and otherwise exploit such User Content for the purposes of operating and providing the App, Content and Services to all Users, and for Emsee’s reasonable business purposes outside the App (including education and awareness, or the design of other Emsee services) provided always that: (i) Emsee will not make your User Content available to other Users in the App unless Emsee has first de-identified that User Content; and (ii) Emsee will not make User Content directly available outside the App, but may generate or author its own content for use outside the App which is based on general ideas or themes raised in your User Content (excluding any personal information).
   2. User Content Representations. You represent and warrant that: (i) you own or have the necessary rights to submit your User Content; (ii) your User Content does not infringe the intellectual property rights, privacy rights, or other rights of any person; and (iii) your User Content complies with these Terms of Use and all applicable laws.
   3. Prohibited Content. You must not submit User Content that: (i) is submitted for any purpose other than accessing the intended features and functionality made available via the App; (ii) is false, misleading, or deceptive; (iii) is defamatory, obscene, offensive, or harmful; (iv) infringes any intellectual property rights; (v) otherwise violates these Terms of Use or applicable laws; or (vi) contains personal health information.
   4. Content Removal. Emsee reserves the right to remove any User Content submitted in breach of these Terms of Use (in our reasonable opinion).
8. Privacy and Data Protection
   
   1. Privacy Policy. Emsee collects, uses, and discloses your personal information for the purpose of providing and maintaining the App, and making the relevant App features available to you, and otherwise in accordance with its Privacy Policy. By using the App, you consent to such collection, use, and disclosure as described in our Privacy Policy. You agree that Emsee may make your User Content and Emsee’s responses to your User Content available to other Users on the App, provided that we first de-identify that content.
   2. Compliance with Law. Emsee will handle all information submitted via the App in accordance with the Privacy Act 1988 (Cth) and, to the extent applicable, applicable State-based health records or health information legislation in Australia.
   3. Data Security. Emsee implements reasonable security measures designed to protect User Content and your personal information against unauthorised access, use, modification and loss. Emsee will host User Content and personal information submitted via the App within Australia using reputable third party hosting providers.
9. Intellectual Property
   
   1. Ownership. The App and all intellectual property rights in the App, including text, graphics, logos, icons, images, audio clips, digital downloads, software and all Content, are owned by or licensed to Emsee. You have no rights in or to the App or the technology used in making it available, or to any of the Content, other than the right to use them in accordance with these Terms of Use. 
   2. Limited Licence. Subject to these Terms of Use, Emsee grant you a limited, non-exclusive, non-transferable, revocable licence to download and use the App on a compatible device that you own or control, solely for your personal, non-commercial use. 
   3. Restrictions. You must not: (i) copy, modify, or create derivative works of the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party, or make it available to or for the benefit of a third party; (iii) reverse engineer, disassemble, or decompile the App, attempt to derive the source code or use the App or Content to create a competing product or service; (iv) use the App or any Content to train, inform or configure an artificial intelligence model; (v) remove, alter, or obscure any proprietary notices on the App; or (vi) use the App in any way that violates these Terms of Use or applicable laws. 
   4. Feedback. If you provide us with any feedback, suggestions, or ideas regarding the App, Emsee may use it without restriction, including to improve our App, products and services.
10. Disclaimers and Limitations of Liability
    
    1. General Disclaimer. To the maximum extent permitted by law and subject to clause 10.d, the App, Content and Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Emsee does not warrant or represent that: (i) all information provided through the App is accurate, complete, reliable, current, or error-free; (ii) the App will meet your requirements or expectations; (iii) the App will be available at any particular time or location, uninterrupted, or fully secure (subject to our obligations under clause 8.c); or (iv) all defects or errors will be corrected. 
    2. Medical Disclaimer. The Content provided through the App is for informational and educational purposes only. It is not, and is not intended to be, a substitute for professional medical advice, diagnosis, or treatment or individualised guidance. Always seek the advice of your physician or other qualified health provider outside the App with any questions you may have regarding a medical condition. 
    3. Limitation of Liability. Subject to clause 10.d, to the maximum extent permitted by law: (i) Emsee is not liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses; (ii) Emsee’s liability in connection with the App, Content and Services is limited to the resupply of the relevant services or the cost of resupply; and (iii) Emsee does not accept any liability for loss arising from reliance on Content provided through the App – it is your responsibility to only use such Content in accordance with these Terms of Use (and in particular, clause 4)
    4. No Limit on Liability. Nothing in these Terms of Use: (i) excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) and corresponding State or Territory legislation) or any other applicable law that cannot be excluded, restricted, or modified by agreement; or (ii) limits our liability for personal injury or death resulting from our negligence.
11. Indemnity
    
    1. User indemnity. You agree to indemnify, defend, and hold us harmless from and against any third party claims (including our reasonable legal fees, costs, expenses and any resulting liabilities and settlement amounts) arising from your User Content (including, without limitation, your breach of clause 7.b or 7.c).  
    2. Emsee indemnity. Emsee agrees to indemnify, defend, and hold you harmless from and against any third party claims against you (including your reasonable legal fees, costs, expenses and any resulting liabilities and settlement amounts) that your use of the App or Content in accordance with these Terms of Use infringes the intellectual property rights of the third party. 
    3. Indemnity procedure. A party seeking indemnity must promptly notify the indemnifying party in writing on becoming aware of the claim, allow the indemnifying party sole control over the defence, litigation and settlement of the claim and will not make any admission, settlement or statement against the indemnifying party without the indemnifying party’s prior written consent. The indemnified party must provide all reasonable assistance to the indemnifying party in connection with the defence or settlement of the claim, at the indemnifying party’s expense.
12. These Terms of Use
    
    1. Platform terms. These Terms of Use supplement the terms and conditions of the Platform you use on your device (which are between you and the Platform provider). 
    2. Terms updates. Subject to this clause, Emsee may update these Terms of Use from time to time where the update applies generally to all App users and is reasonably required for legal or regulatory reasons, to improve security, functionality or viability of the App, or to reflect changes in our technology or business operations.  
    3. Notice of updates. If you are a current User, Emsee will notify you of any update to the Terms of Use via the App or via email with at least 30 days’ notice.  
    4. Agreement to updates. You must cease using the App if you do not agree to any notified updates to these Terms of Use. If you have paid Fees for additional features, you will be entitled to a pro-rata refund of your pre-paid Fees (having regard to the remaining portion of the pre-paid term) if you ceased using the App because an update to these Terms of Use had (or would have) a materially adverse impact on you, provided you notify us in writing prior to the date the update takes effect and delete or uninstall the App from your device.
13. Term and Termination
    
    1. Term. These Terms of Use will remain in full force and effect while you use the App.
    2. Termination by User. You may terminate these Terms of Use at any time by ceasing all use of the App and deleting or uninstalling the App from all devices. You are not entitled to a refund of Fees unless otherwise provided for in these Terms of Use (or under applicable law). 
    3. Termination by Emsee. Emsee may terminate these Terms of Use (and your access to the App) if Emsee withdraws the App generally from market. If applicable, you are entitled to pro-rata refund of pre-paid Fees for the remaining portion of the pre-paid term. 
    4. Suspension. Emsee may suspend your access to the App without prior notice (where prior notice or a cure period is not reasonably practicable in the circumstances) if you breach these Terms of Use. 
    5. Effect of Termination. On termination: (i) your right to use the App will immediately cease; (ii) if you request to delete your account (which you may do via the App), then 90 days following your request, Emsee will delete your account and associated data, including your User Content but excluding any User Content which Emsee made available to other Users or made available outside the App, in accordance with these Terms of Use; and (iii) all provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, clause 4 (IMPORTANT), clause 8 (Privacy and Data Protection), clause 9 (Intellectual Property), clause 10 (Disclaimers and Limitations of Liability), and clause 11.
14. General Provisions
    
    1. Governing Law & Jurisdiction. These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
    2. Entire Agreement. These Terms of Use, together with Emsee’s Privacy Policy, constitute the entire agreement between you and Emsee regarding the App and supersede all prior and contemporaneous agreements, representations, or understandings between you and Emsee. 
    3. Severability. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. 
    4. Assignment. Neither party may assign or transfer these Terms of Use, by operation of law or otherwise, without the prior written consent of the other, except that Emsee  may assign or transfer these Terms of Use to a related body corporate in connection with any organisational restructure or to a third party in the context of a sale of business, merger or similar. 
    5. Contact Information. If you wish to contact Emsee Health Pty Ltd about these Terms of Use, please contact us at appsupport@emsee.co or write to us at the address given in the “Parties” section at the top of these Terms of Use.