Terms of Use

Terms of Use

These Terms of Use (Terms) govern access to and use of the Ivoryrose Group bladder and bowel diary platform (the Platform) during its pilot phase. By accessing or using the Platform, Clinician Users and Patients (collectively, Users) agree to be bound by these Terms.

1. Pilot Nature of the Platform

• The Platform is made available during the Pilot Period solely to evaluate its usability, data quality and workflow integration. The Pilot Period commences on 7/9/26 and ends on 18/10/26 subject to extension or early termination by Ivoryrose on written notice. You acknowledge that:
• the Platform is pre-commercial and may contain defects, incomplete functionality or untested features;
• that features may be added, altered or removed at any time;
• that the Platform has not been assessed against any clinical information system conformance framework; and
• that the Platform is not connected to the My Health Record system under the My Health Records Act 2012 (Cth).
• Clinician Users (being registered health practitioners who access the Platform to review patient diary data) and Participating Organisations (being the practices, clinics, or health services through which Clinician Users access the Platform) must maintain the authoritative clinical record in their own records management system. Diary Data must be transcribed into that record where it is relied upon for clinical purposes..
• Unless otherwise agreed in writing, no fees are payable during the Pilot Period. Ivoryrose will give not less than 30 days written notice before introducing any fees, and no fee will apply to a User who declines to continue after that notice.

2. Purpose and Intended Use

• The Platform is intended to support the collection of bladder and bowel diary data (including urine output, fluid intake, and bowel habits) by patients, for review and evaluation by their treating clinician. The Platform is designed as an adjunct to clinical care and is not intended to:
• provide a diagnosis, treatment plan, or medical advice independently of a clinician;
• replace a patient's formal medical record;
• store diagnostic imaging, pathology results, or other regulated clinical records; and
• be used in emergency or time-critical clinical situations.
• If a patient is experiencing an urgent or serious health concern, they should contact their treating clinician, a relevant health service, or, in an emergency, dial 000.

3. Clinician Responsibilities

• By using the Platform, a Clinician User warrants and undertakes, on a continuing basis, that:
• they hold current general or specialist registration in an appropriate profession under the Health Practitioner Regulation National Law as in force in each State and Territory;
• that their registration is not subject to any condition or suspension inconsistent with their use of the Platform (or that they are lawfully practising under direct supervision of such a practitioner); that they will notify Ivoryrose within 5 business days if their registration lapses or is made subject to relevant conditions;
• they will use the Platform only within their scope of practice and competence; and
• they hold appropriate professional indemnity insurance in accordance with the AHPRA-approved registration standard for their profession, covering use of digital health tools.
• A Clinician User acknowledges that use of the Platform does not diminish their obligations under the National Law (including applicable registration standards, codes of conduct and guidelines); their mandatory notification obligations under Division 2 of Part 8 of the National Law (which remain solely with the Clinician User); applicable telehealth and virtual care guidance issued by their National Board, any child protection, elder abuse, family violence or other mandatory reporting obligation under State or Territory law; and any obligation to obtain and document informed consent.
• A Clinician User is solely responsible for all clinical decisions (including any decision informed by Diary Data), verifying the identity of a Patient User and the provenance and completeness of Diary Data before relying on it, and exercising independent clinical judgement without relying on any calculation, total, chart or summary produced by the Platform without verification.

4. Patient Responsibilities

• By using the Platform, Patients (being the patients of the Clinician Users who are using the Platform) warrant that:
• they will provide accurate information, to the best of their knowledge, when recording their name, date of birth, weight, and diary data;
• they understand that diary data entered into the Platform will be reviewed by their treating clinician and is not monitored in real time;
• they will not rely on the Platform in emergencies and will seek appropriate care through normal clinical or emergency channels when required;
• they will keep their login details confidential and will not share their account with others; and
• they will use the Platform only for their own personal health information, unless acting as an authorised carer or legal representative.

5. Accounts, Access, and Security

• Access to the Platform is by invitation during the pilot. Each user is responsible for:
• maintaining the confidentiality of their account credentials;
• all activities that occur under their account; and
• notifying us promptly at info@ivoryrosephysio.com.au of any suspected unauthorised use or security incident.
• We reserve the right to suspend or terminate any account that is being used in breach of these Terms, or where we reasonably believe continued access may pose a risk to patient safety, data integrity, or the operation of the Platform.

6. Acceptable Use

• You must not, and must not permit any other person to, use the Platform for:
• any unlawful purpose or in breach of any law (including the Privacy Act 1988 (Cth), applicable State or Territory health records legislation, the Australian Consumer Law, the Criminal Code Act 1995 (Cth) or the Spam Act 2003 (Cth));
• accessing personal information or health information relating to any individual you are not authorised to access;
• introducing malicious code or conduct security testing without Ivoryrose's prior written consent; circumvent any security, authentication or access control feature;
• reverse engineering or decompiling the Platform except to the extent that cannot lawfully be prohibited;
• scraping, harvesting or bulk-extracting data other than through the export functions provided;
• reselling, sublicensing or providing access to the Platform to any third party;
• uploading defamatory, harassing, discriminatory or obscene content; or
• using the Platform to support any therapeutic claim inconsistent with the regulatory status clause.
• Ivoryrose may suspend or terminate access, and may report conduct to a regulator or law enforcement agency, where it reasonably believes a User has breached this clause, exercising these rights proportionately.

7. Fees

• No fees are payable during the Pilot Period unless otherwise agreed in writing between Ivoryrose and the relevant clinician user or participating organisation.
• Prior to the introduction of any subscription or fee arrangement, Ivoryrose will give not less than 30 days written notice to affected Users. Any such notice will set out:
• the applicable fee or subscription structure;
• the billing cycle (e.g., monthly or annually);
• the payment method; and
• the consequences of non-payment.

A User who does not wish to continue on paid terms may terminate their access by giving written notice before the fee commencement date, without penalty.

• Where fees are payable, the following terms apply:
• invoices are due and payable within 14 days of issue unless otherwise stated;
• Ivoryrose may charge interest on overdue amounts at the rate of 8% per annum, calculated daily, from the due date until the date of payment;
• if a User's account is overdue by more than 30 days, Ivoryrose may suspend access to the Platform (including read and export access) on 5 business days' written notice; and
• if a User's account remains unpaid for more than 60 days after the due date, Ivoryrose may terminate access and pursue recovery of the debt.
• All fees quoted are exclusive of GST unless otherwise stated. Where GST applies, Ivoryrose will issue a tax invoice in accordance with the requirements of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

8. Intellectual Property and Confidentiality

• All intellectual property rights in the Platform (including its source code, object code, software, algorithms, architecture, user interface, design, trade marks, and documentation) are and remain the exclusive property of Ivoryrose Group Pty Ltd. No right, title, or interest in those rights is transferred to any User by these Terms or by use of the Platform.
• Subject to compliance with these Terms, Ivoryrose grants each User a limited, non-exclusive, non-transferable, revocable, royalty-free licence to access and use the Platform solely for the purposes permitted by these Terms during the Pilot Period. This licence does not include any right to:
• copy, modify, adapt, translate, or create derivative works from the Platform;
• sublicense, resell, assign, or otherwise transfer any rights under this licence;
• access the Platform's source code or underlying systems except as expressly permitted by law; or
• use the Platform or any part of it to develop a competing product or service.
• Patients retain ownership of their own Diary Data and health information. Clinicians retain ownership of clinical notes they enter in their professional capacity. Each User grants Ivoryrose a limited, non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, and display their content solely to the extent necessary to provide and operate the Platform and to fulfil Ivoryrose's obligations under these Terms and the Privacy Policy. Ivoryrose will not use Diary Data or identifiable patient health information for any commercial purpose beyond operation of the Platform.
• The name 'Hello Florense', the Ivoryrose Group name and logo, and any other trade marks displayed on the Platform are the property of Ivoryrose Group Pty Ltd. Users must not use those trade marks without prior written consent.
• Any feedback, suggestions, or ideas provided by a User about the Platform (collectively, Feedback) are provided on a non-confidential, royalty-free basis. Ivoryrose may use Feedback to improve the Platform without restriction or obligation of any kind to the User, and the User irrevocably assigns to Ivoryrose all intellectual property rights in any Feedback to the extent that assignment is necessary to give effect to this clause. No identifying patient information will be used in connection with any Feedback.
• If a User becomes aware of any actual or suspected infringement of Ivoryrose's intellectual property rights in connection with the Platform, the User must promptly notify Ivoryrose in writing with reasonable details. Ivoryrose has the sole right to decide whether to take action in response to any such infringement.
• Confidential Information means all non-public information disclosed by Ivoryrose to a User (or generated by a User's use of the Platform) that is designated as confidential or that a reasonable person would understand to be confidential given its nature or the circumstances of disclosure, including:
• the Platform's software, architecture, algorithms, design, and technical specifications;
• Ivoryrose's business plans, pricing, and commercial strategies;
• Diary Data and any patient health information; and
• any clinical or operational data generated through the Platform,

and does not include information that:

• is or becomes publicly known through no act or omission of the receiving party;
• was rightfully known to the receiving party before disclosure;
• is independently developed by the receiving party without use of Confidential Information; or
• is required to be disclosed by law, provided the receiving party gives the disclosing party prompt written notice (where lawfully permitted) and cooperates in seeking a protective order.
• Each User must:
• keep all Confidential Information strictly confidential;
• not disclose Confidential Information to any third party without Ivoryrose's prior written consent;
• use Confidential Information only for the purpose of using the Platform in accordance with these Terms;
• limit access to Confidential Information to those of the User's personnel who have a need to know for that purpose; and
• promptly notify Ivoryrose upon becoming aware of any actual or suspected unauthorised disclosure or use.
• Each User acknowledges that a breach of this confidentiality obligation may cause Ivoryrose irreparable harm for which monetary damages alone would be an inadequate remedy, and that Ivoryrose is entitled to seek injunctive or other equitable relief in addition to any other remedy available at law or in equity.

9. Feedback and Service Levels

• As part of the pilot, users may be invited to provide feedback about the Platform. Any feedback, suggestions, or ideas provided are given on a non-confidential basis. We may use this feedback to improve the Platform without obligation to the user, provided that no identifying patient information is used for this purpose.
• During the Pilot Period, Ivoryrose does not give any commitment as to Platform availability, uptime, or response times. The Platform is provided on a best-efforts basis and may be unavailable from time to time without notice, including for maintenance, updates, or defect remediation.
• Ivoryrose will use reasonable endeavours to carry out scheduled maintenance during low-usage periods and will provide advance notice of material planned outages through the Platform or by email to registered Users where practicable. Urgent or emergency maintenance may be carried out at any time without notice.
• Ivoryrose intends to transition the Platform from the pilot phase to full commercial operation (the Commercial Launch). Prior to the Commercial Launch, Ivoryrose will give not less than 60 days written notice to all active Pilot Users, setting out:
• the proposed Commercial Launch date;
• the terms on which commercial access will be offered (including any applicable fees);
• any material changes to functionality, data handling, or these Terms that will apply from the Commercial Launch date; and
• the process and timeline for Users to elect to continue access on commercial terms or to discontinue use and export their data.
• On the Commercial Launch date, or such other date as Ivoryrose notifies:
• Pilot accounts will be migrated to commercial accounts where the User has elected to continue, subject to acceptance of the commercial terms;
• for Users who do not elect to continue, access will be suspended and the User will have 30 days from suspension to export all Diary Data using the export functionality;
• Ivoryrose will retain Diary Data for a further 90 days following the end of the export period before destroying it in accordance with the Privacy Policy; and
• Ivoryrose makes no representation that features, workflows, or integrations available during the Pilot Period will be available in the commercial product in the same form

10. Disclaimers

• To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis. We do not warrant that the Platform will be uninterrupted, error-free, or suitable for any particular clinical purpose beyond its intended use as a diary collection tool. Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot lawfully be excluded, including under the Australian Consumer Law.
• The Platform does not provide medical advice. Diary data entered into the Platform is intended to be reviewed by the treating clinician; it is not continuously monitored by us, and we do not provide any clinical oversight, triage, or response service.

11. Limitation of Liability

• To the maximum extent permitted by law, Ivoryrose Group Pty Ltd, its directors, employees, and contractors will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the use of, or inability to use, the Platform, including any loss of data, loss of profits, or loss of goodwill. Nothing in this clause limits liability that cannot be lawfully limited.
• To the maximum extent permitted by law, Ivoryrose's total aggregate liability to any User for all claims arising out of or in connection with the Platform or these Terms (including in contract, tort, statute, or otherwise) will not exceed the greater of:
• the total fees paid by that User to Ivoryrose in the 12 months immediately preceding the event giving rise to the claim; or
• AUD $500 where no fees have been paid. This cap applies to all claims in aggregate, not per incident.
• The Platform is a diary collection tool and is not a clinical decision support system, diagnostic tool, or medical device. To the maximum extent permitted by law, Ivoryrose excludes all liability for any clinical harm, adverse patient outcome, missed diagnosis, delayed treatment, or other consequence arising from a clinician's or patient's use of, or reliance on, Diary Data or any output of the Platform. Responsibility for all clinical decisions, including those informed by Diary Data, rests solely with the treating clinician.

12. Indemnity

• Each Clinician User agrees to indemnify and hold harmless Ivoryrose Group Pty Ltd and its directors, employees, and contractors against any claim, loss, damage, liability, cost, or expense (including reasonable legal costs) arising from:
• their breach of these Terms;
• their breach of any applicable law, including the Privacy Act, applicable health records legislation, and the National Law;
• their professional conduct or clinical decisions made in connection with their use of the Platform; or
• any third-party claim brought in connection with their use of the Platform, in each case to the extent such claim, loss, damage, liability, cost, or expense is caused or contributed to by the acts or omissions of that Clinician User.
• Each Patient User agrees to indemnify and hold harmless Ivoryrose Group Pty Ltd and its directors, employees, and contractors against any claim, loss, damage, liability, cost, or expense (including reasonable legal costs) arising from:
• their breach of these Terms;
• their provision of false, inaccurate, or misleading information through the Platform;
• their unauthorised access to or use of another person's account or data; or
• any breach by them of applicable law in connection with their use of the Platform, in each case to the extent caused or contributed to by the acts or omissions of that Patient User.

13. Suspension and Termination

• Ivoryrose may end the Pilot at any time. Ivoryrose will give not less than 30 days written notice of the end of the Pilot and will, during that period, maintain the export functionality described in the clause titled Data portability and export rights and provide information about the transition of Diary Data.
• On termination:
• the licence granted to the User ends and the User must cease using the Platform;
• the User may export Diary Data during the period specified in the clause titled Export on termination or end of Pilot;
• Ivoryrose will handle Diary Data in accordance with the clause titled Data retention and destruction; and
• accrued rights and remedies are unaffected.

14. Changes to these Terms

• We may update these Terms from time to time during the pilot. The current version will be made available through the Platform. Where changes are material, we will take reasonable steps to notify affected users in advance. Continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms.

15. Force Majeure

• A Force Majeure Event means any event or circumstance beyond Ivoryrose's reasonable control, including but not limited to: acts of God; natural disasters; pandemic or epidemic; failure or disruption of third-party infrastructure, telecommunications networks, or cloud hosting services (including Google Cloud); cyberattacks, ransomware, or denial-of-service attacks despite reasonable security measures; acts or omissions of government authorities; or changes in law or regulation.
• Ivoryrose is not in breach of these Terms, and is not liable for any failure or delay in performing its obligations under these Terms, to the extent that such failure or delay is caused by a Force Majeure Event.
• If a Force Majeure Event affects Ivoryrose's ability to provide the Platform or to perform any obligation under these Terms, Ivoryrose will:
• notify affected Users as soon as reasonably practicable;
• use reasonable endeavours to minimise the impact; and
• keep Users informed of expected timelines for restoration.
• If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate access without liability by giving written notice to the other.
• For the avoidance of doubt, Users remain responsible for maintaining appropriate backup and continuity arrangements for their own clinical records and data, and Ivoryrose makes no representation about the availability of the Platform during any Force Majeure Event.

16. Dispute Resolution

• If a dispute arises between a User and Ivoryrose in connection with these Terms or the Platform, the party claiming the dispute must first give written notice to the other describing the dispute in reasonable detail. Within 10 business days of that notice, the parties must meet (in person, by phone, or by video) and attempt to resolve the dispute in good faith. If the dispute is not resolved within 20 business days of the notice (or such longer period as the parties agree in writing), either party may refer the matter to mediation administered by the Australian Disputes Centre (or another mutually agreed mediator) before commencing litigation. Nothing in this clause prevents a party from seeking urgent interlocutory relief from a court. Each party must keep the existence, content, and outcome of any dispute and related negotiations confidential.

17. Governing Law and Jurisdiction

• These Terms are governed by the laws of South Australia and the Commonwealth of Australia. Each party submits to the non-exclusive jurisdiction of the courts of South Australia and of the courts competent to hear appeals from them.

18. Contact Us

For any questions about these Terms of Use, please contact:

Ivoryrose Group

Email: kathryn@helloflorense.com.au

Draft document. This draft has been prepared for internal review during the pilot phase. It is general in nature, is not legal advice, and should be reviewed by an Australian-qualified legal adviser (with expertise in health privacy and the Privacy Act 1988 (Cth)) before publication or reliance.