Terms of Use

Ovum AI Terms of Use
Ovum AI Pty Ltd ACN 663 148 230

Last update: 30th April 2024

The Ovum AI app and any services provided over the App (Ovum AI) are owned and operated by Ovum AI Pty Ltd ACN 663 148 230 (Company, we, us). References to you or user means the individual, natural person accessing or using Ovum AI in accordance with these terms of use (Terms).

Acceptance of terms and conditions

Please read these Terms carefully before you use Ovum AI. These Terms apply to your use of Ovum AI. By clicking the “I Agree” button, you agree to be bound by these Terms. If you do not accept these Terms, you must not use Ovum AI.

These Terms apply whenever you access Ovum AI, regardless of how you access Ovum AI or interact with us, including through a mobile or tablet app, or through a web browser.

We may revise these Terms from time to time by updating this web page without prior notice to you. Your continued use of Ovum AI indicates your acceptance of the Terms as published on this website (including as revised from time to time).

Overview and Services

At Ovum AI, we are passionate about helping to improve the standard of women’s health care, by increasing the data available about women for use in medical and AI research. There is no fee payable for use of Ovum AI by Users in accordance with these Terms.

We may commence charging fees or charge fees for additional services with 30 days’ notice to you. Unless expressly stated, all fees payable under these Terms are exclusive of GST.

IMPORTANT WARNING AND DISCLAIMER

USE OF OVUM AI AND INFORMATION MADE AVAILABLE THROUGH OVUM AI IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. IT IS NOT A SUBSTITUTE FOR OBTAINING PROFESSIONAL MEDICAL ADVICE, OR FOR YOUR OWN HEALTH PROFESSIONAL’S HEALTH OR MEDICAL ADVICE. WE DO NOT PROVIDE CLINICAL ASSESSMENT, DIAGNOSIS, TREATMENT OR ADVICE. YOU MUST SEEK PROFESSIONAL MEDICAL ADVICE IN RELATION TO YOUR SYMPTOMS. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OBTAINED THROUGH USING OVUM AI IS AT YOUR SOLE RISK. DO NOT RELY ON OUTPUT RECEIVED FROM OVUM AI WITHOUT INDEPENDENT FACT-CHECKING FROM A QUALIFIED MEDICAL OR HEALTH CARE PROFESSIONAL. IF YOU ARE SUFFERING FROM AN EMERGENCY CONDITION, CALL THE EMERGENCY SERVICES NUMBER IN YOUR REGION (AU: TRIPLE ZERO (000)) AND ASK FOR AN AMBULANCE.

You agree that you will not rely on the use of Ovum AI or information received through Ovum AI (including symptom reports and summaries) as medical or health advice and must verify all information in consultation with a medical or health care professional. Always consult a qualified medical or health care professional if you have any questions regarding any medical issues.

To the extent permitted by law, we expressly disclaim and exclude all liability for any loss, damage, cost or expense suffered or incurred by you or any other party arising in connection with your reliance on Ovum AI or information generated through Ovum AI as medical or health advice.

Registration and User Account

We will provide you with the ability to create a user account to access Ovum AI (User Account). When you register a User Account with us, we will issue you with a password.

You can create your own password to access your User Account. You do not have to use your full name to set up your User Account if you do not wish to.

You must access Ovum AI with your User Account. Unless authorised by us, you must not share or transfer your User Account with or to any other person. You are responsible for maintaining the confidentiality of your User Account including your PIN, username and password. You are solely responsible for the consequences of any use of your User Account and password, including by third parties regardless of whether that use is authorised or permissible. You must notify us at support@ovumtechnology.com if you become concerned that unauthorised access has been made to your User Account.

a) Terms of registering a User Account

In registering a User Account you agree that:

i) you are not impersonating any person or entity;

ii) you are not violating any applicable state or federal law regarding use of personal information;

iii) you are not a person under the age of sixteen (16) years and are not prohibited from using Ovum AI for any other reason;

iv) you will provide on demand from us, verification of your identity in such form as required by us; and

v) any other information you provide to us is and shall remain accurate, true and correct, and that you will update this information held by us to reflect any changes as soon as possible.

b) Our rights

We may, at our sole discretion and without notice to you:

i) access your account solely for the purpose of providing support and maintenance services; and

ii) suspend or terminate your User Account and/or refuse any or all use of Ovum AI (including but not limited to where you are in breach of these Terms or any applicable laws or where we may be adversely affected or harmed as a result of your Uploaded Content or your continued use of Ovum AI).

Licence to use Ovum AI

Subject to your ongoing compliance with these Terms, we grant to you, for the Term, a non-exclusive, non-transferable conditional licence to use Ovum AI in Australia, for the sole purpose of obtaining the benefit of the services offered by Ovum AI (Services), subject to these Terms.

In consideration for the granting of the licence under these Terms, you must not:

Commercially exploit, or make available to any third party, Ovum AI or our Services in any way.
Use Ovum AI or the Services for any purposes other than the purpose of general health tracking and information, and sharing this information with your health-care provider or affiliated research institutions.
Use Ovum AI or the Services in any way which violates the rights of a third party or infringes any other party’s intellectual property rights or for any inappropriate illegal or unlawful purpose.
Interfere with or disrupt the integrity or performance of Ovum AI or the Services (including security features).
Do any act or thing whatsoever which may injure, impair or reduce or be likely to injure, impair or reduce our business, our goodwill or our reputation.

All rights not expressly granted by us to you in these Terms are reserved by us and our licensors. We reserve the right to, at any time, and without prior notice, disable or remove your User Account and/or access to Ovum AI or the Services in the event of any breach or suspected breach of this clause 5.

Uploaded Content

You may upload information over Ovum AI including personal information, information about your health history, symptoms and any other content, information, data, text, audio, graphics, images, photographs, documents or materials posted or uploaded to Ovum AI by you or on your behalf (together, Uploaded Content).

You warrant and represent to us that all Uploaded Content:

a) is true and correct;

b) relates to you;

c) is compliant with all applicable laws and licensing requirements and you have obtained any necessary consents in relation to that information;

d) does not contain any defamatory content or other illegal material;

e) does not infringe on the intellectual property of another person;

f) is not false, misleading, deceptive or materially inaccurate in any way; and

g) in respect of Uploaded Content constituting text, graphics, images, photographs, documents and materials obtained from you or others (including third party health services and other businesses) (Documents), these Documents have been uploaded in such a way that your personal identifying information (such as name, address and date of birth) have been removed, cropped out, obscured, redacted or otherwise not visible in the Documents.

You agree that where requested by you, your Uploaded Content may be shared with others for the purposes of research and other purposes, but with our commitment to minimising the use of information which identifies you. Our Privacy Policy at sets out how we collect, disclose, handle and use your personal information.

You are responsible for all your Uploaded Content. Subject to the requirements of any applicable health records legislation and to the extent permitted by law, we shall not have, and expressly disclaim, any liability in connection with any Uploaded Content. You agree to indemnify us and keep us indemnified, from and against any claims, loss, costs, action, liability or damages arising from or incurred in connection with your Uploaded Content, including any claim, loss, damages or liability that may be made against us that any Uploaded Content provided to us by you in accordance with these Terms infringes the intellectual property rights or moral rights of any third party or any law. We will not have any liability in connection with your failure to update or provide Uploaded Content that is accurate, or with identifying information removed prior to upload, or the deletion, loss, or unauthorised modification of any of your Uploaded Content caused or contributed to by you.

To the extent permitted by any applicable laws, you acknowledge and agree that we may use, retain, disclose or distribute to any person for any purpose including commercial purposes Uploaded Content which has been de-identified. This clause survives termination of these Terms.

Records of Uploaded Content

On termination or expiry of these Terms, we will retain records of your Uploaded Content for at least the duration required by all applicable laws. You may access or download a copy of your Uploaded Content by contacting support@ovumtechnology.com.

Intellectual Property

As between you and us, we or our licensors own all applicable rights, title and interest in and to all intellectual property rights embodied in or associated with its software, applications, Ovum AI and the Services. Any new intellectual property rights created during use of Ovum AI and the Services vests in and remains our property (Created IP).

By submitting Uploaded Content, you grant to us a royalty-free, worldwide, perpetual, irrevocable, transferable and sublicenseable licence to use, reproduce, copy, modify and adapt the Uploaded Content uploaded to, or stored on, Ovum AI for the purposes of us providing Ovum AI and the Services to you, subject to this clause 7.

We grant you a limited, revocable licence to use the Created IP and any information uploaded to or stored on Ovum AI for the sole purpose (and no other purpose) of allowing you to obtain the benefit of the Services. Such licence terminates on termination or expiry of these Terms, and may otherwise be terminated by us at any time in our absolute discretion. We do not grant you any right, title or interest in or to Ovum AI or the Services, other than as set out in these Terms.

Prohibited use

Crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing our public pages. You may not provide unauthorised interfaces to Ovum AI.

Notwithstanding anything to the contrary in these Terms, you must not do any of the following without our prior express written permission:

attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of Ovum AI or Services;
take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure, including spam, distributed denial-of-service (DDOS), or other unsolicited mass e-mailing techniques;
use Ovum AI for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
harvest or download in bulk Ovum AI data (including by way of web scraping, web harvesting, or web data extraction) other than as explicitly permitted by us in writing;
use Ovum AI in a way that would result in you breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations you may owe to third parties;
mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
publish advertising material of any kind or market any goods or services directly to other users in breach of the Spam Act 2003, Privacy Act 1988 or any other statute, code of practice or guideline;
introduce any virus, worm, Trojan horse, malicious code or other program which may damage our, or any user’s, computers, computer software, or other computer equipment; and
provide to any persons who are not authorised users of Ovum AI, any part of the information included in the Services or Ovum AI, except as permitted in these Terms.

Third party content and links

Ovum AI may display, include or make available third-party content (including data, information, applications and other products and/or services) or provide links to third-party websites (Third Party Services).

You acknowledge and agree that we are not responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. the Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.

Limitation of liability

You use Ovum AI and Services entirely at your own risk. However, we take care to keep any information secure.

To the extent permitted by law and subject to clause 12 below, we exclude all liability in respect of your use of Ovum AI and Services, including any express or implied warranties. To the extent that our liability cannot be excluded by law, our total aggregate liability for damages (monetary or otherwise) arising in connection with these Terms is limited to $100.

Despite anything else in these Terms and to the extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any indirect or consequential loss, damage or expense (including lost profits, penalties, loss of use of data, lost sales or business, lost data, lost contracts, goodwill, business interruption) or any other such loss incurred in connection with these Terms or your use of Ovum AI or Services.

Nothing in these Terms limits in any way our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, including consumer guarantees under the Competition and Consumer Act 2010 (Cth) or similar applicable laws in the states and territories of Australia.

Our liability for failure to comply with consumer guarantees required by Part 3-2 of the Australian Consumer Law, is limited to, at our election, the supply of the Services again or the payment of the cost of having the Services supplied again to you.

Indemnity

To the extent permitted by law, you agree to indemnify us, our related companies, officers, directors, employees and agents, from and against any claim, suit, loss, damage, liability, demand, action, expense or proceeding (including legal fees) that we may suffer or incur as a result of or in connection with: (a) any breach by you of these Terms, including not not limited to breach of any warranty in clause 6; (b) any breach by you of applicable laws; (c) your improper use of or conduct in connection with, Ovum AI or the Services; (d) your reliance on Ovum AI, Services or information provided through Ovum AI as medical or health advice; (e) any Uploaded Content you provide ; or (f) any disputes between you and third parties in relation to your use of Ovum AI or Services.

Term and Termination

These Terms will continue to apply for so long as your User Account is open or you access Ovum AI or use the Services unless terminated earlier in accordance with these Terms.

(a) Termination by us

We may terminate these Terms upon any breach of these Terms by you, by giving you written notice of the relevant breach, if the breach has not been remedied within 14 days of such notice. For substantial breaches (namely breaches of clauses 3, 4, 5, 6, 7 and 8 of these Terms) or for persistent and repeated minor breaches, we may terminate these Terms immediately on notice to you.

(b) Termination by you

You may terminate these Terms for convenience at any time by giving us 7 days prior written notice of your intention to terminate.

Immediately upon termination of these Terms, your licence to use and access Ovum AI and the Services will terminate.

Disclaimer of warranties

We and our related companies, officers, employees, licensors and suppliers provide Ovum AI and Services “as is” and without any warranty or condition, express, implied or statutory to the maximum extent permitted by law. To the maximum extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee continuous, uninterrupted access to Ovum AI and related services, and operation of Ovum AI and our Services may be interfered with by numerous factors outside of our control. We may at any time and without notice, suspend or terminate the operation of the Website as necessary to perform maintenance, error correction or other reasons.

We specifically disclaim any warranty that any information or data provided through Ovum AI is accurate, complete or correct. This includes, but is not limited to, any health summary, insights reports generated or used by you, and any other recommendations or information provided by Ovum AI to you. You are responsible for verifying all information and data provided through Ovum AI with a medical or health care professional, and for identifying any omissions, errors or other faults in such information and data (refer to clause 3 for our important warning and disclaimer).

We will use our best endeavours to ensure that access to Ovum AI will be free of viruses, malware or other code that has contaminating or destructive qualities. You are responsible for implementing appropriate security processes, systems and procedures to protect yourself from the download of any virus, worms, trojan horses or other code that has contaminating or destructive qualities.

These Terms do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.

Privacy

We may collect, use and disclose your personal information (including sensitive health information) for the purposes described in our Privacy Policy

Your registration and use of Ovum AI and Services is conditional upon you agreeing and complying with our Privacy Policy. If you do not agree to us collecting, using or disclosing your personal information (including sensitive information) in the manner contemplated by these Terms and our Privacy Policy, you must not use Ovum AI and Services.

If you have any questions or concerns relating to Privacy, please contact us in accordance with the process and procedure set out in the Privacy Policy.

Confidentiality

Each party shall keep confidential and not disclose to any other party or use, except as required by these Terms, non-public information obtained from the other party, and in our case, as required by applicable laws; provided, however, that neither party shall be prohibited from disclosing or using information; (i) that at the time of disclosure is publicly available or becomes publicly available through no act or omission of the party having a confidentiality obligation under this clause; (ii) that is or has been disclosed to such party by a third party who is not under (and to whom such party does not owe) an obligation of confidentiality with respect thereto; (iii) that is or has been independently acquired or developed by such party; (iv) to the minimum extent use or disclosure is required by court order or as otherwise required by law, on condition that notice of such requirement by law for such disclosure is given to the other parties prior to making any such use or disclosure.

General

The following further terms apply in respect of these Terms:

(a) Without limiting the other ways in which we may give notices to you, we may provide notices to you under these Terms by sending them to any email address you provide us. You will be treated as having received any email sent by us instantly.

(b) We may assign or novate any of our rights or obligations under these Terms without your consent. You are not allowed to assign, novate, delegate or subcontract any of your rights and obligations under these Terms.

(d) Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, doctor or health care provider and patient, employment or similar between the parties. You have no authority to bind us or our related entities in any way.

(e) If any term or provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.

(f) A failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision.

(g) Unless otherwise specified, these Terms of Use will not be interpreted to confer any rights on any third parties.

(h) These Terms constitute the entire agreement between the parties, with any and all other agreements or representations previously existing hereby replaced.

(i) These Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts hearing appeals from those courts to resolve any dispute arising from these Terms.

Interpretation

Unless it is inappropriate in the context, in these Terms:

a) the singular includes the plural and vice versa;

b) a reference to an individual or person includes a corporation, firm and government body and vice versa;

c) a reference to a party includes that party’s executors, administrators, substitutes, successors and permitted assigns;

d) any covenant, agreement or warranty on the part of or in favour of two or more persons is deemed to bind or be in favour of them jointly as well as each of them severally;

e) the meaning of general words is not limited by specific examples introduced by ‘including’, ‘such as’, ‘for example’ or ‘even if’, or other similar expressions;

f) a reference to a document (including these Terms) includes the document as modified from time to time and any document replacing it;

g) a reference to one gender includes each gender; and

h) a provision of these Terms will not be construed adversely to a party merely because that party was responsible for the preparation of these Terms or the inclusion of the provision in these Terms.

Feedback

If you provide feedback, ideas or suggestions, or if you reply to surveys in connection with our Services (Feedback), you acknowledge that the Feedback is not confidential and that you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty free and unlimited license to use your Feedback in any way, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether as modified or unmodified. We will always use your Feedback in compliance with those Terms and Conditions, our Privacy Policy and any other applicable laws.

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