Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Luna application, platform and associated services (collectively, the "Luna App" or "Services") provided by Luna Clinical Pty Ltd (ABN 12345678901) ("Luna", "we", "us", or "our") via www.lunaclinical.com and associated domains.

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

1. OVERVIEW OF SERVICES

The Luna App is a clinician-facing documentation tool designed to support healthcare providers by automating the generation of clinical documentation through recorded consultations, transcripts, templates, and artificial intelligence technologies. Luna is not a provider of medical care and does not offer medical advice.

2. ELIGIBILITY

You may only use the Services if you:

• Are a registered health professional or working on behalf of a healthcare provider;
• Have the authority to enter into these Terms; and
• Comply with all applicable laws and professional obligations when using the Services.

3. PRIVACY AND HEALTH DATA

Luna processes health and other personal information on your behalf, subject to strict security and privacy obligations.

We are HIPAA-compliant and take reasonable steps to protect the confidentiality, integrity, and security of health information.

You acknowledge that you are the data controller with respect to patient information and that you are responsible for ensuring your use of the Luna App complies with applicable laws, including the Privacy Act 1988 (Cth) and relevant health records legislation.

Please refer to our Privacy Policy for more information on how we handle personal information.

4. ACCOUNT REGISTRATION AND SECURITY

To access the Services, you must register for an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities under your account.

You agree to notify us immediately if you suspect unauthorised access to your account.

5. USE OF THE SERVICES

You agree to:

• Use the Services only for lawful purposes and in accordance with these Terms;
• Not use the Services to provide medical advice to patients;
• Not use the Services to upload, share, or distribute content that is unlawful, infringing, or harmful;
• Not attempt to reverse engineer, copy, or misuse the Services or its underlying technology.

6. THIRD PARTY SERVICES

The Luna App integrates with third-party platforms, including APIs that enable AI functionality.

You acknowledge that:

• We use these third parties to provide key features, such as transcription and content generation;
• We take reasonable steps to ensure their compliance with relevant privacy and security obligations;
• We are not responsible for the performance or content of third-party services.

7. AI-GENERATED OUTPUT

The Luna App generates summaries, notes, and other content using AI models and templates.

You acknowledge and agree that:

• The AI-generated content is not intended to replace clinical judgement;
• You are solely responsible for reviewing and verifying any content generated by the Luna App before it is used in clinical documentation or patient records;
• Luna is not liable for any errors, omissions, or outcomes arising from reliance on AI-generated output.

8. DATA OWNERSHIP AND LICENCE

You retain ownership of all content you upload or generate via the Services, including patient data, transcripts, and clinical notes.

By using the Services, you grant Luna a limited, non-exclusive, royalty-free licence to use, store, and process your content solely for the purpose of providing the Services.

We may de-identify and aggregate data for research, product improvement, and analytics, provided it does not identify any individual or organisation.

9. AVAILABILITY AND MAINTENANCE

We aim to provide continuous access to the Services but do not guarantee uninterrupted availability. We may suspend access temporarily for maintenance, updates, or security purposes. We will endeavour to give reasonable notice where practicable.

10. TERMINATION

You may stop using the Services at any time. We may suspend or terminate your access if:

• You breach these Terms;
• We are required to do so by law;
• Continuing the service would cause legal or security risks.

Upon termination, your account will be deactivated, but we may retain and process your data in accordance with our Privacy Policy and applicable law.

11. DISCLAIMERS

To the maximum extent permitted by law:

• The Services are provided "as is" and "as available" without warranties of any kind;
• Luna disclaims all warranties, express or implied, including merchantability, fitness for purpose, and non-infringement;
• Luna does not warrant that the Services will meet your requirements or that any AI-generated content will be accurate, complete, or clinically appropriate.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Luna and its officers, employees, and contractors shall not be liable for:

• Any indirect, incidental, special, or consequential damages;
• Loss of profits, data, reputation, or business opportunity;
• Claims arising from your reliance on AI-generated content or your failure to verify it.

Our total liability for any claim relating to the Services will be limited to the greater of AUD $100 or the fees paid to Luna in the 12 months preceding the claim.

13. CHANGES TO TERMS

We may update these Terms from time to time. When we do, we will post the updated version on our website and notify you of any material changes. Continued use of the Services constitutes acceptance of the updated Terms.

14. GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts in Victoria.

15. CONTACT US

For questions or concerns about these Terms, please contact us at:

Luna Clinical Pty Ltd

ABN: 12345678901

Email: legal@lunaclinical.com

Website: www.lunaclinical.com