SonoTools Terms of Service

1.Who can use SonoTools

SonoTools is intended for qualified sonographers, radiographers, other healthcare professionals, and students undertaking relevant education or training.

You must be at least 18 years old to use SonoTools.

You must provide accurate information when creating an account and keep your account information reasonably up to date.

You are responsible for keeping your account credentials secure and must not share your account credentials with another person.

You are responsible for activity carried out through your account, except to the extent that activity results from a security incident or unauthorised access that was not reasonably within your control.

2.What SonoTools does

SonoTools provides software tools including worksheet annotation, document creation, standard clinical calculations and related workflow features.

SonoTools is intended to support the work of appropriately qualified users. It does not replace your professional training, clinical judgement, workplace procedures, applicable professional standards, or the clinical record maintained by your healthcare organisation.

Clinical responsibility

You remain responsible for:

• deciding whether SonoTools is appropriate for a particular clinical or professional task;
• entering appropriate information;
• checking calculations, measurements and outputs;
• interpreting clinical information;
• making clinical decisions;
• complying with your professional obligations; and
• complying with the policies and procedures of your employer or other healthcare organisation.

You must independently verify calculations and other outputs before relying on them in patient care or clinical documentation.

Calculations may be based on published formulas, standards or other reference material. Errors may nevertheless occur, including because of incorrect inputs, incorrect application, software errors or limitations in the underlying formula or reference material.

If an output appears incorrect, incomplete or inconsistent with your professional judgement, do not rely on it.

SonoTools does not provide a diagnosis or treatment recommendation merely because a user enters clinical information into the service.

Nothing in these Terms prevents a feature from being subject to applicable laws or regulatory requirements. We may modify, restrict or remove features where reasonably necessary to comply with those requirements.

SonoTools is not intended to replace your healthcare organisation's designated clinical record system. You remain responsible for ensuring that information is entered into the appropriate clinical record or other system required by your workplace.

3.Patient and health information

SonoTools is designed so that patient-identifying information is not required.

You must not upload or enter patient-identifying information unless:

1. you are authorised to do so by the relevant healthcare organisation and applicable law; and
2. the use of SonoTools for that information is permitted by your employer, healthcare organisation and applicable law.

Patient-identifying information includes names, dates of birth, addresses, medical record numbers and other information that identifies or could reasonably identify a patient.

Where practical and permitted by your clinical workflow, remove or obscure patient identifiers before uploading material.

You must not use SonoTools to circumvent your employer's information-security, privacy, clinical-record or data-management requirements.

If patient or other health information is nevertheless uploaded to SonoTools, it may be stored and processed by the service in accordance with our Privacy Policy and applicable law.

You must immediately notify us if you become aware of unauthorised access to your account or information uploaded through your account.

4.Acceptable use

You must not:

• use SonoTools unlawfully or in a way that breaches applicable professional obligations;
• use SonoTools contrary to the policies or requirements of your employer or healthcare organisation;
• upload material that you do not have the right or permission to use;
• upload copyrighted material where you do not have the necessary rights or permission;
• attempt to access another user's account or content without authorisation;
• attempt to circumvent access controls or security measures;
• probe, scan, overload, disrupt or interfere with the service;
• reverse engineer or attempt to extract source code from the service, except to the extent that applicable law expressly permits this;
• use automated systems to scrape or extract content from SonoTools;
• resell, sublicense or commercially redistribute access to SonoTools except under an organisation agreement with Focal Point Lab; or
• use SonoTools in a way that could reasonably be expected to compromise the security, privacy or operation of the service or another user's information.

We may suspend or terminate access where we reasonably believe that you have materially breached this section or that continued use presents a material security, legal or operational risk.

5.Your content

You retain ownership of content that you create or upload to SonoTools, subject to any rights belonging to third parties.

We do not claim ownership of your worksheets, annotations, drawings, presets or other content merely because you use SonoTools.

You grant Focal Point Lab the limited rights necessary to provide SonoTools, including to:

• store your content;
• process and display your content so that SonoTools can provide its functionality;
• create necessary technical copies or backups;
• transmit your content to service providers where necessary to operate SonoTools; and
• make your content available to people you deliberately share it with.

We will not use your content for unrelated purposes without a lawful basis and, where required, your consent or other authorisation.

You are responsible for ensuring that you have the necessary rights, permissions and authority to upload and use content through SonoTools.

Organisation content

If you place content into an organisation's shared library, you acknowledge that the content may be accessible to authorised members of that organisation according to the organisation's configuration.

Organisation content may remain associated with the organisation after you leave the organisation or close your individual account.

The organisation may have separate rights and obligations concerning organisation content under an organisation agreement with Focal Point Lab.

6.Subscriptions and payment

SonoTools may offer free and paid plans.

Paid subscriptions are billed in Australian dollars and may be offered monthly or annually.

Payments are processed by our payment provider, currently Stripe. We do not receive or store your full payment-card details.

Automatic renewal

Unless otherwise stated at the time of purchase, paid subscriptions renew automatically for the same subscription period until cancelled.

You authorise the applicable payment provider to charge the subscription fee at each renewal.

Prices

Prices are displayed before purchase.

We may change subscription prices for future subscription periods. Where reasonably practicable, we will provide at least 30 days' notice of a price increase affecting an existing subscription.

If you do not wish to continue at the new price, you may cancel before the new price takes effect.

Cancellation

You may cancel your subscription at any time.

Unless otherwise required by law or expressly stated at the time of purchase, cancellation takes effect at the end of the current paid subscription period. You will generally retain access to the paid features until that time.

Refunds

Except where required by law or expressly stated by us, subscription fees are not refundable for unused portions of a subscription period.

Nothing in these Terms limits any right to a refund or other remedy that cannot legally be excluded.

Failed payments

If a payment fails, we may retry the payment and notify you.

If payment remains unpaid, we may restrict or suspend paid features and move the account to an available free plan.

We will not immediately delete stored content solely because a payment has failed.

Organisation subscriptions

Organisation subscriptions may operate under separate commercial terms.

An organisation may purchase a specified number of seats and its authorised administrator may manage which members occupy them.

If an organisation subscription expires or is cancelled, affected users may lose access to organisation-paid features after any applicable notice or grace period.

7.Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right or guarantee that you have under the Australian Consumer Law or any other applicable law where that right or guarantee cannot legally be excluded, restricted or modified.

Where the law permits Focal Point Lab to limit its liability for a failure to comply with a consumer guarantee, Focal Point Lab may limit its liability to the remedies permitted by the Australian Consumer Law.

Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited.

8.Availability and changes to the service

We aim to provide a reliable service but do not guarantee that SonoTools will always be available, uninterrupted or error-free.

We may temporarily suspend access for maintenance, security, upgrades, technical issues or other operational reasons.

We may modify, replace or discontinue features from time to time.

Where a significant change materially reduces the functionality of a paid service, we will provide reasonable notice where practicable.

If we permanently discontinue SonoTools, we will provide reasonable notice and, where appropriate, provide a reasonable opportunity to export stored content.

Where required by law, we will provide a refund or other remedy for unused prepaid services.

You should maintain appropriate copies or exports of important information. SonoTools should not be treated as the sole repository for information that you are legally or professionally required to retain.

9.Liability

To the maximum extent permitted by law, and subject always to section 7 and any liability that cannot lawfully be excluded or limited:

• Focal Point Lab is not responsible for clinical decisions made by you or another person using information produced or displayed through SonoTools;
• you remain responsible for independently checking calculations, outputs and clinical information;
• Focal Point Lab is not responsible for loss resulting from your failure to maintain appropriate copies of information that you are responsible for retaining;
• Focal Point Lab is not responsible for loss arising from your unauthorised or unlawful use of SonoTools;
• Focal Point Lab is not responsible for content uploaded by you where you did not have the necessary rights or authority to upload it; and
• to the extent permitted by law, Focal Point Lab will not be liable for indirect or consequential loss, loss of profit, loss of opportunity or similar economic loss.

Subject to any liability that cannot legally be excluded or limited, Focal Point Lab's aggregate liability arising out of or in connection with SonoTools will be limited to the greater of:

1. the amount you paid Focal Point Lab for SonoTools in the 12 months before the event giving rise to the claim; or
2. AUD $100.

This limitation does not apply to liability that cannot lawfully be limited or excluded.

Nothing in this section is intended to exclude or limit liability arising from fraud, wilful misconduct or any other liability that applicable law does not permit us to exclude or limit.

10.Indemnity

To the maximum extent permitted by law, you indemnify Focal Point Lab against reasonable loss, liability, damage, cost or expense arising directly from:

• your material breach of these Terms;
• your unlawful use of SonoTools;
• your uploading of content without the necessary rights or authority; or
• your deliberate or negligent misuse of the service.

This indemnity does not apply to the extent that the relevant loss was caused by Focal Point Lab's own negligence, unlawful conduct or breach of these Terms.

Nothing in this section limits rights or remedies that cannot legally be excluded.

11.Suspension and termination

You may close your account at any time using the available account controls or by contacting us.

Where you close an individual account, we will handle your stored content in accordance with our Privacy Policy and any applicable organisation arrangements.

We may suspend or terminate your account where:

• you materially breach these Terms;
• payment remains unpaid;
• we reasonably believe continued use creates a material security, legal or operational risk;
• you use the service unlawfully;
• suspension is reasonably necessary to protect other users or the service; or
• we discontinue the service.

Except where immediate action is reasonably necessary for security, legal compliance or serious misconduct, we will generally provide reasonable notice and, where practicable, an opportunity to export content.

If we permanently discontinue SonoTools, we will provide reasonable notice and handle prepaid subscriptions in accordance with applicable law.

12.Organisations and administrators

An organisation may use SonoTools under an organisation subscription or other agreement with Focal Point Lab.

An organisation administrator may be able to:

• invite and remove members;
• manage organisation membership;
• allocate seats;
• manage content placed into organisation shared libraries; and
• perform other administrative functions expressly made available to the organisation.

Organisation administrators do not have access through SonoTools to a user's personal worksheets merely because the user belongs to the organisation.

If your employer or another organisation pays for your seat, that organisation may determine whether you remain eligible to use the organisation-paid service.

Nothing in these Terms prevents an organisation from exercising rights it has under a separate agreement with Focal Point Lab or under applicable law.

13.Privacy

Our Privacy Policy explains how Focal Point Lab handles personal information and health information in connection with SonoTools.

The Privacy Policy forms part of these Terms to the extent relevant to the relationship between you and Focal Point Lab.

The Privacy Policy is not intended to replace any separate privacy, data-handling or information-security agreement that Focal Point Lab may enter into with an organisation.

14.Changes to these Terms

We may update these Terms from time to time.

Where a change is material, we will provide reasonable notice before the change takes effect, ordinarily by email, through SonoTools, or both.

If a material change adversely affects your existing paid subscription, we will provide reasonable notice and, where appropriate, an opportunity to cancel before the change takes effect.

Changes required to comply with law, address security issues or correct errors may take effect sooner where reasonably necessary.

The current version of these Terms will be made available through SonoTools.

15.Governing law

These Terms are governed by the laws of Victoria, Australia.

Subject to any applicable law that provides otherwise, the parties submit to the courts of Victoria, Australia.

16.General

If a provision of these Terms is found to be invalid or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to apply.

You may not transfer your account to another person without our consent.

We may transfer or assign these Terms as part of a sale, restructuring or transfer of the SonoTools business, provided that applicable privacy and contractual obligations continue to be addressed.

These Terms constitute the agreement between you and Focal Point Lab concerning your use of SonoTools, subject to any separate written agreement that applies to an organisation subscription.

17.Contact