Legal

Terms of Use

Last reviewed and updated in April 2026

1. GENERAL

1.1The terms of this document apply to the relationship between you and Falcon Health Pty Ltd (ACN 673 793 265) (Falcon Health, we, us, our) in respect of your use of our website (Website) and any output from our Website (Portal).
1.2In this document, we refer to the Website and Portal collectively as the Platforms.
1.3To use our Platforms, you need to agree to the terms set out in this document (Terms) and our Privacy Policy. These documents can be found at www.falconhealth.com.au.
1.4By using the Platforms and any associated website(s) or services, you confirm that you accept these Terms and agree to comply with them.
1.5If you do not understand any of these Terms, we recommend that you obtain legal advice before agreeing to these Terms.
1.6If you do not agree with these Terms, please do not install, use or access the Platforms.

2. LICENCE

2.1Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to use the Platforms for your business use or professional use.
2.2The Platforms are licensed, not sold. You acknowledge that no title, ownership or rights in the Platforms are being transferred, assigned or sold to you.
2.3You grant us an irrevocable, perpetual, non-exclusive, transferable, worldwide right to use and distribute any content you post on the Platforms (User Content). For example, we can use, publish, copy, reformat, edit and distribute anything you post whilst using the Platforms.

3. CONDITIONS OF USE

3.1You must be at least 18 years old and legally capable of entering into contracts to use the Platforms. By using the Platforms, you represent and warrant that you meet these eligibility requirements.
3.2You are responsible for ensuring that any activities conducted by you on the Platforms are lawful. This includes that you must comply with all relevant laws and regulations, including but not limited to anti-discrimination, disability and privacy laws when using our Platforms.
3.3You must also ensure that you strictly comply with these Terms.
3.4
Falcon Health provides the Platforms to you, so that you can:
- create and manage a user profile;
- prepare AI-assisted clinical documentation and consultation workflows;
- utilise AI-assisted error checking and other features that support (but do not replace) clinical workflows, including transcription, summarisation and correspondence generation clinician support features;
(collectively the Purpose).
3.5You must use the Platforms in good faith, in accordance with all relevant laws and regulations and only for the Purpose. This means, for example, you cannot use the Platforms to create a fake account and use the Platforms for any other reason.
3.6By uploading content to the Platforms, you warrant you have rights to the content and consent to upload the content. This includes with regard to any confidential and personal information.
3.7You acknowledge that we provide you access to the Platforms solely as a means for you to carry out the Purpose.
3.8
When accessing and using the Platforms, you must not:
- commercially exploit, distribute, lease, license, sell, rent or otherwise transfer or assign the Platforms;
- remove or change any notices, marks or labels;
- attempt to undermine the security or integrity of Falcon Health’s computing systems or networks or, where the Platforms is hosted by a third party, that third party’s computing systems or networks;
- use, or misuse, the Platforms in any way which may impair the functionality of the Platforms or impair the ability of any other user to use the Platforms;
- attempt to gain unauthorised access to any materials, other than those to which you have been given express permission to access, or to the computer system on which any Platforms is hosted;
- transmit, or input into the Platforms any files that may damage any other person’s computing device or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
- attempt to modify, copy, adapt, reproduce, disassemble, derive, decompile or reverse engineer any computer programs and/or source code used to operate the Platforms;
- use the Platforms in a manner that places excessive or unreasonable demand on Falcon Health's infrastructure or systems, including through automated, bulk or high-frequency access, querying or data extraction beyond what is reasonably necessary for your intended use;
- share, transfer or otherwise provide access to your account credentials to any third party, or permit any person other than yourself to access the Platforms using your account;
- input or submit any false, misleading or inaccurate information into the Platforms, including any health or clinical data, where doing so may affect the integrity of the Platforms or the safety or care of any individual;
- use the Platforms for any fraudulent, deceptive or unlawful purpose, including impersonating any person or entity or misrepresenting your identity, qualifications or authority;
- use any output, data or content generated by the Platforms to develop, train or improve any competing software, artificial intelligence model or machine learning system without Falcon Health's prior written consent; or
- use the Platforms in any manner that infringes the intellectual property, privacy or other rights of any third party.

4. SUBSCRIPTION

4.1Falcon Health provides the Platforms to you under one of the advertised subscription plans (Subscription Plans). Available Subscription Plans may change from time to time, with details of inclusions and subscription fees available on the Falcon Health website available at www.falconhealth.com.au. Subscription Plans may include a free or trial Subscription Plan, such as a ‘freemium plan’.
4.2Upon creation of an account, a Subscription Plan must be selected. Subscription Plans include both individual Subscription Plans (Individual Subscription Plans) and group practice Subscription Plans which allow for multiple users (Group Practice Subscription Plans).
4.3Paid Subscription Plans will automatically renew on a monthly basis unless cancelled with 30 days’ notice prior to the billing date. ‘Freemium’ or similar Subscription Plans which include limited functionality will not renew on a billing cycle but will have their monthly usage quota replenished on the same date each month as the date on which the Subscription Plan was first activated.
4.4Falcon Health reserves the right to change the inclusions and monthly cost of Subscription Plans. Where such changes are made, changes will come into effect from the subsequent billing period.

5. GROUP SUBSCRIPTION PLANS

5.1
For Group Practice Subscription Plans:
- a personal representative (Plan Owner) must be nominated;
- The Plan Owner is responsible for any payment of the selected Subscription Plan.
- The Plan Owner is responsible for ensuring that each user under a Group Practice Subscription Plan agrees to comply with these Terms; and
- For the avoidance of doubt, by accessing the Platforms, each user under a Group Practice Subscription Plan is taken to have accepted these Terms.

6. PAYMENT

6.1For Individual Subscription Plans, you are responsible for any payment of the selected Subscription Plan.
6.2For Group Practice Subscription Plans, the Plan Owner is responsible for any payment of the selected Group Practice Subscription Plan.
6.3You acknowledge that your mobile network and/or internet provider may charge you fees for accessing your mobile’s network connection and/or internet connection while using the Platforms and you accept responsibility for such charges.
6.4Payment for subscriptions are due on the same date each month as the date on which the Subscription Plan was first activated. Subscription Plans are billed on a recurring monthly basis. Each billing cycle commences on a specific day of the month, which determines the date of all future charges. If no date is specified, the cycle defaults to the date the Subscription Plan was created. For anchor dates that do not exist in a given month (e.g., the 31st), charges will be processed on the last day of that month. For usage-based plans, consumption is tracked throughout the billing period and invoiced at the end of each cycle. If you upgrade or downgrade your plan mid-cycle, charges will be prorated based on the remaining days in the current billing period.
6.5You acknowledge and agree that payments may be processed through third-party processors.
6.6No-refund of Subscription Plan fees are permitted except where expressly required by applicable law or if Falcon Health withdraws access to the Platforms otherwise than in accordance with these Terms.

7. ACCESS ACCOUNTS

7.1To access the Platforms, you will need to create an access account (Access Account), including a username and password. You may be required to provide some personal and organisational information in setting up your account. You may also register and sign in to the Platforms using a third-party authentication provider, including Google or Microsoft. By using a third-party authentication provider, you authorise Falcon Health to receive certain account information from that provider in accordance with its terms of service and privacy policy.
7.2You are solely responsible for all acts and omissions that occur under your Access Account and must not give anyone else access to your account, other than your representatives.
7.3You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity on our Platforms. This may include providing us access to your Access Account.
7.4If you provide anyone else (other than the persons listed in clause 7.2 above) with access to your Access Account, this will be a breach of these Terms and may result in us removing your access to the Platforms. If this occurs, Falcon Health will suspend future payments of your subscription fee. However, subscription fees paid until the date of removal are not refundable.
7.5Falcon Health accepts no responsibility or liability for any loss, injury or damage resulting from any transactions resulting from unauthorised access to your Access Account.
7.6Falcon Health reserves the right to remove or modify your access to the Platforms at any time, without notice.

8. THIRD PARTY WEBSITES, PROGRAMS AND TECHNOLOGY

8.1Registered users may access links to third party websites on the Platforms. For example, a link to publications to obtain further information about certain medical conditions. By displaying these links on the Platforms, Falcon Health does not make any representation regarding the websites including their content or safety. You access those websites at your own risk.
8.2We accept no responsibility or liability in connection with your use of third party websites accessed via our Platforms. This includes that we do not endorse or guarantee the accuracy of any information accessed. By linking to websites owned or operated by third parties, we are not authorising the reproduction of any material on such sites, as such material may be the subject of intellectual property rights of third parties.
8.3Third party technology and sub-processors located both within Australia and overseas, including cloud based products, may be utilised in providing the Platforms. Falcon Health takes no responsibility for any such technology and sub-processors.

9. DATA PROTECTION AND PRIVACY

9.1Any personal information you provide to us when using the Platforms will be used and stored by us in accordance with our Privacy Policy.
9.2You agree to appropriately safeguard any confidential information you receive through the use of the Platforms or upload to the Platforms, including in accordance with any laws, regulations and relevant industry standards.

10. HEALTH & SENSITIVE INFORMATION

10.1
You acknowledge that in using the Platforms for the Purpose, you and your users may upload, input or generate content that constitutes:
- health information, including clinical notes, consultation records, patient histories and medical documentation;
- sensitive information as defined under the Privacy Act 1988 (Cth) (Privacy Act); and
- other confidential information relating to patients or third parties.
(together, Health Data).
10.2
Falcon Health will handle all Health Data in accordance with:
- the Privacy Act and the Australian Privacy Principles (APPs), including the heightened obligations applicable to sensitive information under APP 3 and APP 6;
- our Privacy Policy, as updated from time to time; and
- any other applicable law, including applicable State and Territory health records legislation.
10.3
Before uploading or inputting any Health Data to the Platforms, you must ensure that:
- you have all necessary consents, authorisations and legal bases required under applicable law to upload and process that Health Data using the Platforms;
- patients or data subjects have been appropriately informed about the use of AI-assisted tools in the processing of their information, where required by law or applicable professional standards; and
- the collection, use and disclosure of the Health Data is consistent with the purpose for which it was originally collected.

11. USER-TO-USER REFERRALS AND CORRESPONDENCE SHARING

11.1The Platforms may include functionality that allows you to refer patients to other registered users of the Platforms, or to share copies of clinical correspondence (including AI-Generated Content) with other registered users involved in the care of a patient (Referral Features).
11.2
Where you use any Referral Features, you are solely responsible for ensuring that:
- you have obtained all necessary patient consents, authorisations and legal bases required under applicable law (including the Privacy Act and any applicable State or Territory health records legislation) to disclose Health Data to another registered user;
- the disclosure is consistent with the purpose for which the Health Data was originally collected, or is otherwise permitted under applicable law;
- the recipient user is an appropriate recipient for the Health Data, having regard to the patient’s care needs and any applicable professional or ethical obligations; and
- you have reviewed the accuracy and completeness of any clinical correspondence (including any AI-Generated Content) before sharing it with another user.
11.3Falcon Health facilitates the transmission of correspondence and referral information between registered users through the Platforms, but does not review, verify or endorse the content of any correspondence shared using the Referral Features. Falcon Health is not responsible for the acts or omissions of any recipient user in connection with Health Data disclosed to them through the Referral Features.
11.4Each registered user who receives Health Data through the Referral Features must handle that data in accordance with all applicable privacy laws, professional standards and these Terms, including the obligations set out in clause 10.

12. INTELLECTUAL PROPERTY RIGHTS

12.1Falcon Health owns or has a licence to all intellectual property rights of any nature in the Platforms (other than those subsisting in content uploaded by a registered user). Falcon Health is granted a limited, non-exclusive licence to use de-identified or aggregated AI-generated outputs solely for the purpose of improving and developing the Platforms.
12.2For the avoidance of doubt, you retain ownership of all User Content (including clinical letters and other documents) generated by you through the Platforms. Falcon Health does not claim any proprietary interest in User Content or AI-Generated Content created by or on behalf of a registered user through the Platforms, other than the limited licence referred to in clause 12.1.
12.3Falcon Health reserves all rights, including without limitation, all Intellectual Property rights or other proprietary rights, in connection with the Platforms.
12.4Registered users may upload content that contains their trademarks or logos to the Platforms. Falcon Health makes no proprietary claim to trademarks or logos of any registered user or third party.
12.5
“Intellectual Property” includes intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including:
- rights of any kind in registered or registrable patents, works and any other subject matter in which copyright may, or may upon creation of the subject matter, subsist anywhere in the world;
- registered and unregistered trade marks and service marks, including goodwill in the business concerned in the relevant goods and/or services;
- trade, business or company names;
- internet domain names; and
- proprietary rights under the Circuit Layouts Act 1989 (Cth)
whether created or in existence before or after the date of these Terms, whether arising by operation of law, treaty, contract, license, or otherwise and includes anything, whether tangible or intangible, which incorporates, embodies or is based on any of the things referred to in this definition.

13. ARTIFICIAL INTELLIGENCE – INTELLECTUAL PROPERTY & CONTENT RESPONSIBILITY

13.1
The Platforms use artificial intelligence (AI) to assist in generating clinical documentation and other content (AI-Generated Content). You acknowledge that:
- AI-Generated Content is produced by automated systems based on inputs you provide and may not reflect independent professional judgment;
- AI systems may produce outputs that are inaccurate, incomplete, misleading or that reproduce or resemble third-party material (including through a process commonly referred to as ‘hallucination’); and
- the legal status of copyright in AI-Generated Content is unsettled under Australian law, and Falcon Health makes no representation as to whether any AI-Generated Content is protected by copyright or who may own such rights.
13.2
You are solely responsible for:
- reviewing, verifying and confirming the accuracy, completeness and appropriateness of all AI-Generated Content before use, including in any clinical context;
- ensuring that your use of AI-Generated Content does not infringe the intellectual property rights of any third party, including copyright, trade marks or confidential information rights;
- obtaining any licences, consents or authorisations required to use inputs you provide to the Platforms, including any third-party clinical content, reference materials or published works; and
- ensuring that AI-Generated Content complies with all applicable laws and professional standards before it is included in any clinical record, communication or other document.
13.3
Falcon Health makes no warranty, express or implied, that:
- AI-Generated Content is original or does not reproduce or infringe the intellectual property rights of any third party;
- AI-Generated Content is fit for any clinical, legal or regulatory purpose; or
- the use of AI-Generated Content in clinical documentation will satisfy any record-keeping obligation under applicable law.
13.4To the maximum extent permitted by law, Falcon Health excludes all liability for any intellectual property infringement claim arising from or in connection with your use of AI-Generated Content.

14. SYSTEM REQUIREMENTS

14.1To use the Platforms, you need to have internet access, and access to the latest version of an internet browser.
14.2To use the transcription features of the Platforms, you must grant the Platforms access to your device's microphone. By enabling microphone access, you acknowledge that the Platforms will record the ambient consultation between you and your patient for the purpose of generating a transcription. The transcription is stored by Falcon Health in accordance with our Privacy Policy. You are solely responsible for ensuring that your patient is informed of and consents to the recording of the consultation in accordance with all applicable professional obligations, privacy laws and regulatory requirements.
14.3The Platforms may be upgraded from time to time to add support for new functions and services.
14.4For the Platforms to operate, you may be required to have and maintain an adequate internet connection. If you do not maintain such a connection, the Platforms may not operate properly or at all.

15. AVAILABILITY

15.1We will use reasonable efforts to make the Platforms available, however, you acknowledge the Platforms are provided over the internet so the quality and availability of the Platforms may be affected by factors outside our control.
15.2We do not accept responsibility if the Platforms are unavailable, or if you have difficulty accessing its content due to factors outside its control.

16. RESTRICTING ACCESS

16.1
Without limiting any other rights or remedies Falcon Health may have, Falcon Health may, without notice to you and at Falcon Health’s sole discretion, restrict your activities through the Platforms or temporarily or indefinitely prohibit your use of the Platforms if Falcon Health:
- believes that you have breached these Terms in any way;
- is unable to verify or authenticate any information you provide; or
- believes that your actions may cause loss or damage to or otherwise unlawfully harm you, third parties or Falcon Health’s related bodies corporate or affiliates, directors, employees or agents.
16.2For security, confidentiality and privacy reasons, Falcon Health is not obliged to provide you with the details of any investigation that Falcon Health may conduct or any action which Falcon Health may take, in relation to your use of Platforms.

17. TERMINATION

17.1These Terms apply until you close your Access Account, we terminate these Terms, or we terminate your use.
17.2
Upon termination:
- the rights and licenses granted to you herein shall terminate;
- you must close your Access Account (unless we terminate your use, in which case we will close your Access Account for you);
- you must stop using the Platforms.
17.3
In addition from the date of termination:
- any subscription fee already paid by you will not be refunded by us;
- we will cancel any future one-off or recurring payments of subscription fees associated with your Access Account.
17.4Falcon Health may terminate these Terms or suspend access to the Platforms, in whole or in part, by providing you with 30 days' written notice if, in Falcon Health's reasonable opinion, a change in any applicable law, regulation, regulatory guidance or interpretation (including any change to the regulatory framework administered by the Therapeutic Goods Administration) materially affects Falcon Health's ability to lawfully offer, operate or maintain the Platforms. In such circumstances, Falcon Health will refund any prepaid subscription fees on a pro-rata basis for the unexpired portion of the billing period.

18. LIMITATION OF LIABILITY

18.1We are not responsible for any acts, omissions, transactions or outcomes resulting from your decisions or opinions formed in connection with your use of the Platforms.
18.2To the maximum extent permitted by law, Falcon Health excludes all liability and responsibility to you (or any other person, including those you represent) in contract, tort (including negligence), or otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use of, or reliance on, the Platforms.
18.3We are not responsible if installing or using our Platforms on your device or equipment causes any damage or alteration to that device or equipment.
18.4You agree to indemnify and hold us, our related entities, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from anything you do, or do not do when using the Platforms.
18.5Certain legislation, including the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), may imply guarantees, conditions or warranties that cannot be excluded, restricted or modified (Non-Excludable Guarantees). Nothing in these Terms excludes, restricts or modifies any Non-Excludable Guarantee to which you may be entitled.
18.6Subject to clause 18.5, and to the maximum extent permitted by law (including the ACL), Falcon Health's liability for breach of any Non-Excludable Guarantee is limited, at Falcon Health's election, to: in the case of services: the re-supply of the services; or payment of the cost of having the services re-supplied; and in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods, or payment of the cost of replacing, supplying equivalent or repairing the goods.
18.7The no-refund policy in clauses 6.6 and 17.3(a) applies only to the extent permitted by law. Where you are entitled to a refund under the ACL or other applicable legislation (for example, where services are not rendered with due care and skill or are not fit for their disclosed purpose), Falcon Health will provide a refund or other remedy as required by law.

19. PROFESSIONAL ADVICE AND MEDICAL INFORMATION DISCLAIMER

19.1
You acknowledge that your use of the Platforms does not diminish or replace any obligation you may have as a registered health practitioner under:
- the Health Practitioner Regulation National Law as adopted in each Australian State and Territory;
- the professional standards, codes of conduct and guidelines issued by the Australian Health Practitioner Regulation Agency (AHPRA) and your relevant Registration Board;
- applicable State and Territory health records and privacy legislation; and
- any other applicable law, regulation or professional standard.
19.2You remain solely responsible for all clinical decisions, documentation and professional conduct, regardless of any assistance provided by the Platforms.
19.3The Platforms are intended to support clinical documentation workflows and are not represented as a therapeutic good, medical device or software as a medical device (SaMD) for the purposes of the Therapeutic Goods Act 1989 (Cth). You must not use the Platforms as a substitute for a regulated medical device or therapeutic good. If you have any concern about the regulatory classification of the Platforms for your specific use case, you should seek independent regulatory advice.
19.4Without limiting clause 19.3, the Platforms are designed so that all clinical findings, differential diagnoses and other clinical determinations are made solely by the registered health practitioner. The Platforms do not autonomously analyse, filter or select clinical findings or differential diagnoses based on patient consultations or conversations.

Any clinical findings or potential differential diagnoses displayed by the Platforms are presented for the practitioner’s consideration only, and are not incorporated into any clinical documentation unless the practitioner actively and manually selects or confirms them.

On this basis, the Platforms are not intended to meet the definition of a ‘medical device’ or ‘software as a medical device’ (SaMD) under the Therapeutic Goods Act 1989 (Cth) or the Therapeutic Goods (Medical Devices) Regulations 2002 (Cth), and are not required to be included in the Australian Register of Therapeutic Goods (ARTG). This clause is provided for informational purposes and does not constitute regulatory advice.

If you require confirmation of the regulatory status of the Platforms, you should seek independent regulatory advice. Falcon Health’s rights under clause 17.4 apply in the event of any change in law or regulatory guidance that materially affects the regulatory status of the Platforms.
19.5Nothing in these Terms limits or satisfies your obligations to create, maintain and retain clinical records in accordance with applicable laws and professional standards. You are responsible for ensuring that any AI-Generated Content that is incorporated into a clinical record meets all applicable requirements for that record.

20. DISCLAIMER OF WARRANTIES

20.1The Platforms are provided "as is" and "as available" without any promises of any kind, express or implied.
20.2For example, we make no warranty about whether it is suitable for your purpose, meets any legislative requirements, or as to the accuracy of any populated or suggested clinical findings, presenting problems, references and/or potential differential diagnoses.
20.3You acknowledge that you are responsible for confirming that accuracy of all content provided and/or generated from your use of the Platforms, including any Artificial Intelligence generated content.
20.4Our liability will not exceed the actual price (if any) paid by you for using the Platforms during any consecutive 12-month period (except as required by law).

21. HELP AND ASSISTANCE

21.1If you require technical help with the Platforms or suspect any abuse or misuse of your Access Account, please contact Falcon Health on admin@falconhealth.com.au.

22. DISPUTE RESOLUTION

22.1If you have a dispute with us, please contact Falcon Health by emailing us at admin@falconhealth.com.au.

23. SEVERABILITY

23.1You and Falcon Health agree that if any portion of these Terms is found illegal or unenforceable, that part of the Terms will be ineffective. The rest of the Terms remain unaffected and will continue in full force and effect.

24. ASSIGNMENT

24.1We may assign or delegate our rights and/or obligations under these Terms in whole or in part, to any person or entity at any time without your consent.
24.2You may not assign or delegate any rights or obligations under these Terms without our prior written consent.

25. ENTIRE AGREEMENT

25.1These Terms, the Privacy Policy and any documents referred to in these Terms contains the complete agreement concerning your use of the Platforms. These Terms displace any other prior understandings between us with respect to the Platforms.

26. NOTICES

26.1We may contact you via the Platforms.
26.2If you wish to contact us, please contact us in writing to the following address: Falcon Health Pty Ltd, Level 14, 275 Alfred St, North Sydney NSW 2060, or send us an email to: admin@falconhealth.com.au.

27. GOVERNING LAW

27.1These Terms are governed by the laws of the State of New South Wales, Australia, with the courts of the New South Wales, Australia, having exclusive jurisdiction over any disputes arising in respect of this Agreement.