EPSpeak Terms of Use

1. About these terms

These Terms of Use ("terms") apply to the EPSpeak app ("the app") and the website epspeak.co ("the website"), together "EPSpeak". EPSpeak is operated by MANOAI Pty Ltd (ABN 48 689 793 244, ACN 689 793 244), of Capital Square Towers, Level 25, Tower 3, 1 Spring Street, Perth WA 6000, Australia ("MANOAI", "we", "us").

By downloading or using the app, or using the website, you agree to these terms. If you do not agree, please do not use EPSpeak. Our Privacy Policy explains how we handle your information and forms part of these terms.

2. EPSpeak is not medical advice

EPSpeak is a self-monitoring and health information tool. It is not a medical device, it is not included on the Australian Register of Therapeutic Goods, and it does not diagnose, treat or prevent any condition. Scores, trends and side effect profiles in the app are for your own awareness and to support conversations with your health professionals. They are not a diagnosis, a prescription or personalised medical advice.

Always speak with your doctor, pharmacist or care team about your health and your medications. Never start, stop or change a medication because of something you see in EPSpeak.

3. Not for emergencies

No one reviews your EPSpeak record as you use it, so EPSpeak cannot respond to a crisis. If you are in danger or need urgent medical help, call 000 in Australia or go to your nearest emergency department. For crisis support at any time, call Lifeline on 13 11 14.

4. Who can use EPSpeak

You must be 16 or older to use the app. You are responsible for the device you use EPSpeak on, including keeping it secure, because anyone with access to your phone may be able to see your EPSpeak record.

5. Your licence to use the app

We give you a personal, non-exclusive, non-transferable, revocable licence to download and use the app on devices you own or control, for your own personal, non-commercial use, in line with these terms.

If you downloaded the app from the App Store, Apple's Licensed Application End User License Agreement also applies. Apple is not a party to these terms and is not responsible for the app or its content. If you downloaded it from Google Play, Google Play's terms also apply.

6. Acceptable use

When you use EPSpeak, you agree not to:

• copy, modify, reverse engineer or attempt to extract the source code of the app, except where the law allows it;
• interfere with, disrupt or try to gain unauthorised access to EPSpeak, its servers or other users' data;
• use EPSpeak for any unlawful purpose, or to record another person without their consent;
• use EPSpeak or its content to build a competing product, or for any commercial purpose without our written permission.

7. Your information

Your recordings, check-ins, medication log and other entries remain yours. You give us permission to store and process them only as needed to provide EPSpeak to you, as described in our Privacy Policy. You can delete all of your data at any time in the app's Settings.

8. Sharing your record with a clinician

Sharing your record is always your choice. When you share it with a clinician using the app's QR code, that clinician is independent of MANOAI, and how they use and store the information is governed by their own professional obligations and privacy practices, not by us.

9. Medication information and side effect profiles

Side effect profiles in EPSpeak are drawn from published comparative research and describe how a medicine affects many people on average. They are not a measurement of you and may not reflect your own experience. We take care to present this information accurately, but it may not be complete or current for every medicine, and it is not a substitute for advice from your prescriber or pharmacist.

10. Third-party services

EPSpeak works with services we do not control, including Google Play, the App Store, Google Firebase and, if you choose to connect a wearable, the Google Health API. Your use of those services is subject to their own terms and privacy policies. The website may link to other websites, such as published research, and we are not responsible for their content.

11. Changes to EPSpeak

EPSpeak is free and is still developing. We may change, add or remove features, or suspend or stop providing EPSpeak, at any time. We will try to give reasonable notice of significant changes in the app where we can.

12. Your rights under the Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.

13. Limitation of liability

EPSpeak is provided free of charge. To the extent permitted by law, and subject to section 12, EPSpeak is provided "as is", and MANOAI is not liable for any indirect or consequential loss, or for any loss arising from decisions made based on information in EPSpeak without the advice of a health professional.

Where our liability for failing to comply with a consumer guarantee can be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

14. Intellectual property

The app, the website and their content, including text, design, graphics and software, are owned by or licensed to MANOAI and protected by Australian and international copyright and other laws. You may view and share website content for personal, non-commercial purposes in good faith. Any other reproduction or use needs our written permission.

15. Ending your use

You can stop using EPSpeak at any time by deleting your data in Settings and uninstalling the app. We may suspend or end your access if you breach these terms or if we stop providing EPSpeak.

16. Governing law

These terms are governed by the law of Western Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts that can hear appeals from them.

17. Changes to these terms

We may update these terms from time to time. We will publish the new version here and change the "Last updated" date, and let you know in the app if a change is significant. If you keep using EPSpeak after a change takes effect, the updated terms apply.

18. Contact us

Questions about these terms? Email info@epspeak.co, or write to MANOAI Pty Ltd, Capital Square Towers, Level 25, Tower 3, 1 Spring Street, Perth WA 6000, Australia.