We’re dedicated to making your healthcare easy and accessible, so here’s a summary of what you need to know:

By using our platform, you agree to our terms and conditions. We provide digital healthcare services with AI and experienced doctors for symptom checks and Telehealth consultations, available for free with premium options via subscription.

Remember, our platform offers informational support but is not a substitute for professional medical advice. Always consult a healthcare professional for medical issues.

Create an account to access our services, keep your login details secure, and ensure the accuracy of any content you upload. We handle your personal information with care and in compliance with data protection laws. By using Abby Health, you’re connecting to a transparent and user-friendly digital health clinic dedicated to providing personalised care.
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Thank you for choosing Abby Health!

The Platform found at http://www.abbyhealth.app and any services provided over the Platform (collectively referred to as the “Platform”) are owned and operated by Abby Health Technology Pty Ltd ACN 651 158 940 (“Abby Health”). Any reference to “we,” “us,” and “our” in these Terms and Conditions (“Terms”) refers to Abby Health. “You” or “user” means the individual, natural person accessing or using the Platform in accordance with these Terms.

1. Acceptance of Terms and ConditionsSummary:

These Terms outline the rules for using our Platform. By clicking “I Agree,” you agree to follow these rules.Please read these Terms carefully before you use this Platform. These Terms and any other additional terms and conditions provided throughout the Platform form the Terms and Conditions for the use of the Platform and the terms of your relationship with Abby Health. By clicking the “I Agree” button, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, you must not use the Platform.These Terms apply whenever you access the Platform or utilise the Services, regardless of how you access the Platform or interact with us, including but not limited to the internet, tablets, smartphones, mobile phones, through a web browser, or via our Apple App Store.We recognise that you may need help from support persons or your care team to use the Platform and provide information about your symptoms (“Support Person”). If you are accessing the Platform on behalf of another individual as a Support Person, “you” in your individual capacity will be taken to have represented to us that you have the authority to act on that individual’s behalf and these Terms will be binding both on you and that individual.
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‍1.4 Notification of ChangesWe may revise these Terms from time to time by updating this web page. We will notify you of significant changes by email or through a notification on the Platform. Your continued use of the Platform following any changes indicates your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.Version Control: These Terms were last updated on [date]. By clicking “I Agree,” you are agreeing to the version of the Terms and Conditions effective as of this date.

‍2. Overview and ServicesSummary: Abby Health offers digital healthcare services using AI and experienced doctors. Services include symptom checks and Telehealth consultations.Abby Health Technology Pty Ltd (“Abby Health”) operates a comprehensive digital health clinic designed to provide on-demand, affordable healthcare anywhere, anytime. By integrating advanced artificial intelligence with experienced doctors, Abby Health offers seamless care throughout the entire healthcare lifecycle. Our services include answering health-related questions, conducting symptom checks, facilitating Telehealth consultations, and ensuring thorough follow-up care. Users have the flexibility to either discuss their symptoms with Abby or consult directly with a doctor through our partnership with Dot.Doctor.Our target audience includes individuals who do not have a regular general practitioner, those managing chronic illnesses, and residents in rural areas. Our mission is to ensure these groups have access to immediate, affordable healthcare with doctors who are familiar with their medical history.The Abby app is free to download and sign up for. We operate on a freemium model, offering basic health services for free, while premium services such as in-depth consultations and personalised follow-up care are available through a subscription. Patients can access bulk-billed and out-of-pocket medical appointments, with a $4.95 appointment booking fee to help fund the platform.

‍3. Important Warning and DisclaimerSummary: The Platform is for informational purposes only and not a substitute for professional medical advice.
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‍3.1 Medical Advice DisclaimerUSE OF THE PLATFORM IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE PLATFORM DOES NOT PROVIDE A FORMAL AND FINAL CLINICAL ASSESSMENT, DIAGNOSIS, OR TREATMENT ADVICE AND IS INTENDED FOR INFORMATION, COMMUNICATION, AND BOOKING PURPOSES ONLY. YOU MUST SEEK PROFESSIONAL MEDICAL ADVICE IN RELATION TO YOUR SYMPTOMS. IN CASE OF AN EMERGENCY, CALL TRIPLE ZERO (000) IMMEDIATELY.

‍3.2 Information VerificationYou agree that you will not rely on the use of the Platform or information received through the Platform (including symptom reports and summaries) as medical or health advice and must verify all information in consultation with a medical professional. Always consult a qualified clinician if you have any questions regarding any medical issues.To the extent permitted by law, Abby Health expressly disclaims and excludes 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 the Platform, Services, or information generated through the Platform as medical or health advice.

‍4. Registration and User AccountSummary: You need a User Account to use the Platform. Keep your login details safe and notify us if you suspect unauthorised access.We will provide you with the ability to create a user account with your own username and password to access the Platform (“User Account”).You must access the Platform 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 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 if you become concerned that unauthorised access has been made to your User Account and you must take all appropriate steps to mitigate any harm unauthorised access may cause.To enable your registration to access and use the Platform and the Services, you will be requested to provide such information that we may reasonably require, including personal information such as name, age, email address, phone number, and other information (“Credentials”).

‍In registering a User Account you agree that:
a) you are not impersonating any person or entity;
b) you are not violating any applicable state or federal law regarding the use of personal information;
c) you are not a person under the age of 18 years and are not prohibited from using the Platform;
d) you will provide on-demand from Abby Health, verification of your Credentials in such form as required by Abby Health; and
e) any other information you provide to Abby Health (including information in your profile section of your User Account) is and shall remain accurate, true, and correct, and that you will update this information held by Abby Health to reflect any changes as soon as possible.

We may, from time to time, use any of your Credentials to make our own inquiries (either by us or a third party engaged by us) as to the completeness, accuracy, or truthfulness of your Credentials and the information you have provided to us. If you do not provide sufficient evidence within the time requested, we may suspend or cancel your User Account (without prejudice to any other remedies we may have). Should we suspect or identify an individual to be inappropriately or unlawfully adopting a person’s identity we may, without notice to you, disclose that information to any relevant persons or authorities.

‍Support PersonsA Support Person may register a User Account using your Credentials. By allowing your Support Person to use your Credentials or User Account, you represent that he or she is authorized by you and that you assume all responsibility for his or her actions on the Platform as if those actions were your own.We may, at our sole discretion and without notice to you:a) access your account solely for the purpose of providing support and maintenance services; andb) suspend or terminate your account and/or refuse any or all use of the Platform (including but not limited to where you are in breach of these Terms or any applicable laws or where Abby Health or its business may be adversely affected or harmed as a result of your Uploaded Content or your continued use of the Platform and the Services).

‍Security Requirements: Passwords must be at least 8 characters long and include a combination of letters, numbers, and special characters.

‍5. Licence to Use the PlatformSummary: You are granted a limited license to use the Platform as long as you comply with these Terms.Subject to your compliance with these Terms, we grant to you, for the Term, a non-exclusive, non-transferable conditional licence to use the Platform in Australia, for the sole purposes of obtaining the benefit of the Services, subject to these Terms.In consideration for the granting of the licence under these Terms, you must not:a) Commercially exploit or make available to any third party the Platform or our Services in any way.b) Use the Platform or the Services for any purposes other than the purposes for which it was designed.c) Use the Platform 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.d) Interfere with or disrupt the integrity or performance of Abby Health, the Platform, or the Services.e) Do any act or thing whatsoever which may injure, impair, or reduce or be likely to injure, impair, or reduce the business, goodwill, or reputation of Abby Health or its public standing or any of its clients.f) Without our prior consent, set up or conduct a health sector technology company that provides services similar to those provided by Abby Health.g) Approach directly or indirectly any of our employees to influence him or her to cease employment with us or otherwise entice him or her away from us.The conditions upon which the above licence is granted are material terms of the Terms and shall survive for a period of three years after termination of these Terms.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 the Platform or the Services in the event of any breach or suspected breach of this clause 5.

‍6. Uploaded Content Summary: You are responsible for the content you upload to the Platform. Make sure it is accurate and lawful.To obtain the full benefit of the Services, you will need to upload information over the Platform, 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 the Platform by you or on your behalf (“Uploaded Content”).You warrant and represent to us that all Uploaded Content:
a) is and shall remain accurate, true, and correct and that you will update this information as soon as possible;
b) is compliant with all applicable laws and licensing requirements and you have obtained any necessary consents in relation to that information;
c) does not contain any defamatory content or other illegal material;
d) does not infringe on the intellectual property of another person;
e) is not false, misleading, deceptive, or materially inaccurate in any way; and
f) does not contain any links to external websites unless Abby Health has given its prior written consent.

You agree that where requested by you, your Uploaded Content may be shared with health practitioners or service providers nominated by you by way of report or summary. Further information as to how we collect, handle, use, and disclose your personal information may be found in our Privacy Policy at https://app.abbyhealth.app/privacy-policy.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, Abby Health shall not have, and expressly disclaims, 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 accurate Uploaded Content or the deletion, loss, or unauthorized 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 Abby Health 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 the termination of these Terms.

‍Records of Uploaded ContentFor the duration of these Terms, you may download and retain a copy of your Uploaded Content by contacting sam@abbyhealth.app. While we store data that you save, including Uploaded Content, to the extent permitted by law, we make no representation or warranty that it is accurate or complete and from time to time we may be required to purge data in order to maintain the Platform and Services.On termination or expiry of these Terms, Abby Health 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 sam@abbyhealth.app.

‍16.3 Data Protection Compliance
‍All personal information, including sensitive health information, collected, used, and disclosed through the Platform is handled in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA). We employ stringent data protection measures, including encryption, access controls, and regular audits, to safeguard your personal information.

‍16.4 User Consent
‍By using the Platform, you consent to our collection, use, and disclosure of your personal information as described in these Terms and our Privacy Policy. You must provide explicit consent before sharing any sensitive health information through the Platform. If you do not agree to these practices, you must not use the Platform and Services.

‍7. Intellectual PropertySummary:
Abby Health owns the intellectual property on the Platform. You have a limited license to use it.As between you and Abby Health, Abby Health or its licensors owns all applicable rights, title, and interest in and to all intellectual property rights embodied in or associated with its software, applications, the Platform, all information uploaded to or stored on the Platform, including Uploaded Content, and the Services it provides (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the Platform, any accompanying documentation, and printed materials), subject to this clause 7. Any Intellectual Property Rights created during the course of the Services as a result of your Uploaded Content or your use of the Services or Platform shall vest in and remain the property of Abby Health (“Created IP”).Abby Health grants you a limited, revocable licence to use the Created IP and any information uploaded to or stored on the Platform for the sole purpose (and no other purpose) of allowing you to obtain the benefit of the Services. Such licence shall terminate upon termination or expiry of these Terms and may otherwise be terminated by Abby Health at any time at Abby Health’s absolute discretion. Abby Health does not grant you any right, title, or interest in or to the Services or Platform, other than as set out in these Terms.The URLs representing the Platform, “Abby Health”, trademarks, and all related logos of our products and Services described on our Platform are either subject to copyright, trademark, or existing registered trademark ownership by Abby Health (or Abby Health’s licensors) and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Abby Health.For the purposes of these Terms, Intellectual Property Rights in respect of a party means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, and other trade secrets and all other intellectual property rights or derivatives thereof.

‍User Contributions:
By uploading content to the Platform, you grant Abby Health a non-exclusive, royalty-free license to use, modify, and distribute your content for the purpose of providing the Services.

‍8. Prohibited UseSummary:
Do not misuse the Platform or Services. Any misuse may result in termination of your access.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 Abby Health’s public pages.

You may not provide unauthorised interfaces to any of our applications or the Platform.Notwithstanding anything to the contrary in these Terms, you must not do any of the following without our prior express written permission:
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a) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising or in any way making up a part of the Platform or Services;
b) take any action that imposes an unreasonable or disproportionately large load on Abby Health’s infrastructure, including spam, DDOS, or other unsolicited mass e-mailing techniques;
c) use the Platform for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, or spam material;
d) harvest or download in bulk Platform data (including by way of web scraping, web harvesting, or web data extraction) other than as explicitly permitted by us in writing;
e) use the Platform 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;
f) 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;
g) 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;
h) 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
i) provide to any persons who are not authorised users of the Platform, any part of the information included in the Services or the Platform, except as permitted in these Terms.

‍9. Third-Party Content and LinksSummary:
We are not responsible for third-party content or links on the Platform.The Platform 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. These links and content are provided to offer references and information to help answer user questions and provide transparency on the sources of the information.You acknowledge and agree that Abby Health shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Abby Health does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.For the purposes of these Terms, Third-Party Services means any services or content (including data, information, applications, and other products and/or services) provided by a third party that may be displayed on the Platform.

‍Disclaimer of Responsibility:
Abby Health is not responsible for the content, accuracy, or practices of any third-party websites linked to or from the Platform.

‍10. Use of Platform via Third-Party AppsSummary:
When accessing the Platform via third-party apps, you must comply with their terms of use.You may access the Platform via a web browser or through the Abby Health App on the Apple App Store.If you access or download our application from the Apple App Store, in addition to these Terms you agree to the following additional terms made available by those third parties from time to time:• Apple Application End User License AgreementIf you access the Platform via one of these apps, you agree to abide by the above additional terms and conditions as if “you” were the licensee under those terms. If you do not agree to abide by these additional terms and conditions, then you must not use the Platform via the Apple App.Abby Health is not responsible for any loss or damage arising from your use of the Platform via the Apple App Store.

‍App-Specific Terms:
When accessing the Platform via third-party apps, you must comply with the terms of use for those apps.

‍11. Telehealth Integration with Dot.DoctorSummary:
We partner with Dot.Doctor for telehealth services. Your consent is required before sharing any health data with them.

‍Scope and Provision of Services:Abby provides telehealth services via the app through a partnership with Dot.Doctor. These services include general medical consultations, follow-ups, prescription services, and other health-related consultations as determined by Dot.Doctor’s clinicians. Abby acts as a technology referral platform and facilitates the connection between patients and Dot.Doctor’s clinicians. Telehealth services may not be suitable for all medical conditions, and certain limitations may apply based on the clinician’s assessment and the nature of the health issue.

‍Patient Consent and Data Handling:Before sharing any patient information with Dot.Doctor’s clinicians, explicit patient consent is obtained. This consent encompasses the transfer of relevant health data, including a handover summary of the patient’s condition. All patient data is handled in compliance with applicable data protection laws, including but not limited to GDPR and HIPAA. Abby employs stringent data protection measures, including encryption, access controls, and regular audits, to safeguard patient information.

‍Transfer of Care:Once a patient is handed over to a Dot.Doctor clinician, they are under the care and medical responsibility of that clinician. Abby Health is not responsible for the medical care provided by Dot.Doctor clinicians. Any disputes, claims, or damages arising from the medical care provided by Dot.Doctor clinicians are solely the responsibility of Dot.Doctor and the treating clinician. Abby Health disclaims any liability arising from such medical care.

‍Liability and Indemnification:Abby acts solely as a technology referral platform and does not provide medical advice or treatment. The medical consultations and advice are provided exclusively by Dot.Doctor’s clinicians. To the extent permitted by law, Abby disclaims all liability for any loss, damage, or injury arising from the use of Telehealth services provided by Dot.Doctor. Users agree to indemnify and hold Abby harmless from any claims, damages, or expenses arising from their use of Dot.Doctor’s Telehealth services.

‍Service Provider Obligations:Dot.Doctor is responsible for ensuring that its clinicians are duly qualified, licensed, and capable of providing Telehealth services. Dot.Doctor must adhere to all applicable healthcare regulations and standards, ensuring the highest quality of care. Dot.Doctor is also responsible for maintaining patient records and ensuring continuity of care following consultations. This includes ongoing training and performance reviews for clinicians to ensure quality assurance.

‍Insurance and Payment:Patients are responsible for ensuring that their medical insurance covers Telehealth services provided by Dot.Doctor. Abby does not provide insurance coverage but facilitates the connection between patients and Dot.Doctor. Patients may be subject to fees for Telehealth consultations, including a $4.95 appointment booking fee to support the platform’s operations. Additional charges may apply for certain services, which will be communicated to the patient prior to consultation.

‍Termination of Services:Either party may terminate the Telehealth services with written notice. Abby reserves the right to terminate the partnership with Dot.Doctor if there are breaches of service standards, regulatory issues, or other significant concerns. Upon termination, patient data will be handled in accordance with applicable laws and the terms outlined in our Privacy Policy. Data retention and deletion procedures will be followed to ensure compliance with data protection laws and give users control over their data.

‍Dispute Resolution:Any disputes arising from the Telehealth services provided through the partnership with Dot.Doctor shall be resolved through good faith negotiations between the parties. If a resolution cannot be reached, the dispute will be subject to the jurisdiction and governing law of New South Wales. Both parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts hearing appeals from those courts. Users can contact us with any complaints or disputes, and we commit to responding within a specified timeframe and providing escalation steps if the issue is not resolved.

‍12. Term and TerminationSummary: These Terms apply as long as you have a User Account or use the Platform. Either party can terminate the Terms under certain conditions.These Terms will continue to apply for so long as your User Account is open or you access the Platform or use the Services unless terminated earlier in accordance with these Terms.

‍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.Abby Health may terminate these Terms immediately on notice in the event that you cease business, if you become insolvent, take steps to wind up, or upon the appointment of any insolvency practitioner, trustee, or custodian to all or part of your assets or business.

‍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.

‍Effect of termination:Immediately upon termination of these Terms, your licence to use and access the Platform and the Services will terminate.

‍13. Limitation of Liability Summary: We are not liable for any indirect or consequential loss arising from your use of the Platform. Our liability is limited to $100.You use the Platform and Services entirely at your own risk. However, we take care to provide a sound Platform and to keep any information secure.To the extent permitted by law, we exclude all liability in respect of your use of the Platform and Services, including any express or implied warranties. To the extent that our liability cannot be excluded by law, the total aggregate liability of Abby Health (including any of its related entities) for damages (monetary or otherwise) arising in connection with these Terms for claims made by you or any other third party arising from the Platform or Services, 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 Abby Health 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 the Platform or Services.Nothing in these Terms limits Abby Health’s 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.

‍Legal Compliance: Nothing in these Terms limits Abby Health’s liability for any matter for which it would be illegal for us to exclude, including consumer guarantees under the Competition and Consumer Act 2010 (Cth).

‍14. IndemnitySummary: You agree to indemnify us for any claims arising from your use of the Platform or your breach of these Terms.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;
(b) any breach by you of applicable laws; (c) your improper use of or conduct in connection with the Platform or the Services;
(d) your reliance on the Platform, Services, or information provided through the Platform 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 the Platform or Services.

‍14.2 Detailed Indemnity ObligationsYou agree to indemnify, defend, and hold harmless Abby Health, its related companies, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:
a) Your breach of these Terms.
b) Your violation of any applicable laws.
c). Your improper use of or conduct in connection with the Platform or the Services.
d) Your reliance on the Platform, Services, or information provided through the Platform as medical or health advice.
e) Any Uploaded Content you provide.
f) Any disputes between you and third parties in relation to your use of the Platform or Services.This indemnity does not apply to the extent that such claims, damages, losses, liabilities, costs, or expenses are caused by the gross negligence or wilful misconduct of Abby Health.

‍15. Disclaimer of Warranties Summary: The Platform and Services are provided “as is” without any warranties. We do not guarantee uninterrupted access to the Platform.Abby Health, its related companies, officers, employees, its licensors, and its suppliers provide the Platform 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, Abby Health, its related companies, officers, employees, its licensors, and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.We do not guarantee continuous, uninterrupted access to the Platform and related services, and operation of the Platform 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.Abby Health specifically disclaims any warranty that any information or data provided through the Platform is accurate, complete, or correct, including through any symptom summary or insights reports generated or used by you or shared with health practitioners or members of your treating team. You are responsible for verifying all information and data provided through the Platform and for identifying any omissions, errors, or other faults in such information and data.We will use our best endeavors to ensure that access to the Platform 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. We cannot guarantee or warrant that any file you download from the Platform or which we deliver to you will be free of malicious code.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.

‍Comprehensive Disclaimer: The Platform and Services are provided “as is” without any warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

‍16. PrivacySummary: We collect, use, and disclose your personal information as described in our Privacy Policy.We may collect, use, and disclose your personal information (including sensitive health information) for the purposes described in our Privacy Policy, which is available on our Platform and located at https://app.abbyhealth.app/privacy-policy.Your registration and use of the Platform and Services are 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 the Platform and Services.If you intend to post any personal or sensitive information on this Platform that relates to a third party (including their name, email address, or phone number), you must obtain their consent before doing so.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.

‍User Consent: By using the Platform, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy.

‍17. ConfidentialitySummary: Confidential information shared between parties must remain confidential unless certain exceptions apply.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 the case of Abby Health, 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.

‍Exceptions to Confidentiality:
Confidential information does not include information that is publicly available through no fault of the receiving party or disclosed by a third party not under an obligation of confidentiality.

‍18. GeneralSummary:
Additional terms regarding notices, assignment, survival of clauses, relationship between parties, and dispute resolution.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 sub-contract any of your rights and obligations under these Terms.
c) Clauses 6, 7, 8, 12, 13, 14, and 17 shall survive the termination or expiry of 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 is 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 provision 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.

‍18.3 Dispute Resolution
‍Any disputes arising from the use of the Platform or the Services shall be resolved through good faith negotiations between the parties. If a resolution cannot be reached, the dispute will be subject to mediation or arbitration before resorting to litigation. Both parties agree to submit to the jurisdiction and governing law of New South Wales, Australia.

‍Severability and Waivers:
If any part of these Terms is found invalid, the rest remains effective. A waiver of any right under these Terms will not be effective unless in writing.

‍19. Interpretation Summary:
Additional interpretive terms to ensure clarity.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.

‍Examples: The singular includes the plural (e.g., ‘user’ means one or more users).

‍20. FeedbackSummary:
By providing feedback, you allow us to use it to improve our services.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 these Terms and Conditions, our Privacy Policy, and any other applicable laws.

‍User Rights: By providing feedback, you allow us to use it to improve our services, but we will always respect your privacy.
‍Last updated: [date]
‍Abby HealthConnects you to the information and care you need, when you need it.
‍Contact: hello@abbyhealth.app
Level 28, 161 Castlereagh Street,Sydney CBD, NSW 2000 Australia