Terms of Service

The website, software application and any related services known as “Intelihub” has been developed and is operated by Intelihub (Intelihub, we, us, our) and our affiliates.

By accessing and/or using Intelihub you agree to these terms (Terms).

You confirm that you have the power and authority to enter into, be bound by, and deliver and perform the obligations under these Terms. You must not use Intelihub if you do not agree to these Terms.

1. Accounts and registration

1.1 Accounts

To access Intelihub, you must register for, and hold, an account for your use (Account). By creating an Account you confirm that you:

1. possess the legal right and ability to enter into a legally binding agreement with us; and
2. agree to use Intelihub only in accordance with these Terms and our Usage Policy.

1.2 Registration process

As part of registering for, and activating, your Account, you will need to provide us with information, including personal information about you, which we collect to operate our business and Intelihub and ensure Intelihub remains safe and secure for users. This information will include your full name, employment, and contact details (such as the contact email and phone number). We will use and disclose this information for the purposes of operating our business, Intelihub, the related services, and as otherwise described in our Privacy Policy.

1.3 Account security

When you register and activate your Account, you can choose your username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out your Account on Intelihub.

2. Services

2.1 Intelihub overview

Intelihub facilitates your delivery of healthcare services, as a registered medical practitioner, to patients by providing certain functions as described on our website.

2.2 Updates to Intelihub functions

From time to time, we may (in our sole discretion):

1. change or update Intelihub or its functions; or
2. agree to provide new functions.

Such updates or new functions may be subject to additional terms and fees as notified to you by Intelihub.

2.3 Term

These Terms commence when you first access Intelihub and will continue until terminated by you or Intelihub in accordance with these Terms.

3. Fees and payments

3.1 Subscription Fees and additional fees

In order to access Intelihub, you may be required to pay a subscription fee as arranged with Intelihub (Subscription Fee) for your chosen subscription period (Subscription Period). All fee amounts are in American dollars unless otherwise indicated.

Subscription Fees (including any required taxes) are payable in advance for the relevant Subscription Period and Intelihub may terminate your Account and these Terms where you have not paid the relevant Subscription Fees, or where the Subscription Period has expired.

Intelihub may vary the Subscription Fee on reasonable advance notice with such varied Subscription Fee to apply at the commencement of your next Subscription Period.

Your subscription will automatically renew at the end of the applicable Subscription Period, unless you cancel your subscription before the end of the then-current Subscription Period. The cancellation will take effect the day after the last day of the then-current Subscription Period. Intelihub does not provide refunds or credits for any partial Subscription Period, except as expressly stated in these Terms.

You further agree that your access to and use of new or updated functions (as contemplated by clause 2.2) may be subject to additional fees which will be agreed between us before your access and use.

4. Privacy and data use

4.1 Privacy obligations

Each party must, in the performance of these Terms, comply with applicable privacy laws in respect of any personal information, including without limitation HIPAA in the United States, State medical privacy laws, and any other relevant jurisdictional privacy laws.

Without limiting clause 1(a), you must ensure that at all times you hold all necessary authorizations and current consents from individuals (including patients) to disclose their personal information (including sensitive information) to Intelihub, so that Intelihub may collect, use, store and disclose personal information for the purpose of operating Intelihub and as described in our Privacy Policy.

4.2 Personal Information Collection Notice

We collect, store, use and disclose personal information about you and patients in order to provide you with use of Intelihub and for purposes otherwise set out in our Privacy Policy available at your request.

Our Privacy Policy explains:

1. how we store and use, and how you may access and correct your personal information;
2. how you can lodge a complaint regarding the handling of your personal information; and
3. how we will handle any complaint. If you would like any further information about our Privacy Policy or practices, you can view our Privacy Policy at Privacy Policy – Intelihub or contact us at support@intelihub.com.

By providing your personal information to us, you consent to the collection, use, storage, and disclosure of that information as described in these Terms and our Privacy Policy.

We may disclose personal information to third parties that help us deliver our services or improve Intelihub … or as required or permitted by law.

If you do not provide this information, we will not be able to provide Intelihub or related services to you.

4.3 Use of de-identified information

Intelihub may de-identify information … and use or disclose such information in a de-identified form for the purposes of:

1. making available relevant functionality to you; and
2. as otherwise described in our Privacy Policy. (De-identified Use)

You acknowledge that De-identified Use may involve disclosure to third parties …

Intelihub will take reasonable steps to ensure de-identified information cannot be re-identified.

5. Use of Intelihub

5.1 General

You must:

1. comply with all applicable laws and professional obligations in connection with:
   1. these Terms; and
   2. your use of Intelihub and any related services;
2. receive consent from your patient to share personal and sensitive information with Intelihub if mandatory in your jurisdiction;
3. cooperate and comply with all reasonable directions of Intelihub in relation to your use of Intelihub;
4. comply with Intelihub’s Platform Usage Policy as notified to you from time to time;
5. notify Intelihub immediately if you become aware of:
   1. any actual or potential defect in Intelihub or related services; and
   2. any complaint reported by any other person in connection with Intelihub; and
6. comply with these Terms in full at all times.

Except as otherwise permitted under these Terms, you must not:

1. distribute, sublicense or otherwise transfer all or any part of Intelihub to any other person;
2. grant any security interest over Intelihub;
3. attempt to disassemble, decompile or otherwise reverse engineer the Platform, except as permitted by law;
4. alter, customize, modify, or create derivative works of Intelihub;
5. expose Intelihub, or any data, to reasonably avoidable cyber risks;
6. remove, obliterate or alter any proprietary notice on Intelihub;
7. supply inaccurate data to Intelihub or any other person through Intelihub;
8. do any act that would have an adverse impact on the reputation or standing of Intelihub; or
9. do any act that is unlawful or prohibited by any Laws applicable to Intelihub.

5.2 Third-party functionality

Intelihub’s functionality may involve Third Party Functionality…

You agree to comply with any reasonable additional terms …

5.3 Records

You will maintain accurate and complete records and documents related to your interaction with and use of Intelihub …

6. Linked sites and resources

Intelihub may contain links to websites and resources operated by third parties (Third Party Resources) …

7. Intellectual Property

7.1 Our intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights … (Intelihub content).

To enable Intelihub to use your feedback … royalty-free, sublicensable license …

7.2 License to Intelihub and Content

Intelihub grants you a limited, non-transferable, non-exclusive license …

Intelihub licenses Intelihub from third parties …

7.3 License to your materials

You grant to Intelihub a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable licence …

8. Confidential information

You must not disclose any Confidential Information except:

1. to your personnel who have a need to know;
2. if the disclosure is required by law; or
3. if the recipient has independently obtained such information from a third party (other than via a breach of confidence).

For the avoidance of doubt, information in the public domain … is not Confidential Information.

You must hold the Confidential Information in strict confidence … and promptly notify us of any actual or suspected security breach …

9. Limitations

9.1 Technical requirements

You acknowledge that you are responsible for ensuring that your systems are able to work in conjunction with Intelihub.

9.2 No professional medical or healthcare advice

You agree your use … is solely for supporting administrative processes. You must exercise all necessary professional judgment …

Intelihub, Intelihub Content and the related services do not:

1. constitute or make out to be a medical device;
2. constitute professional medical or healthcare advice, diagnosis or recommendation of treatment …;
3. directly assess, maintain or improve the health of a patient; or
4. directly diagnose or treat a patient’s illness or disability.

You agree that you must not frame or suggest that:

1. Intelihub or any Intelihub Content constitutes professional advice …; or
2. Intelihub or any Intelihub Content can be relied upon without independent confirmation by a qualified medical practitioner.

We make no representations or warranties with respect to any treatment … In no circumstances will we be liable for any damages …

9.3 Notification of adverse events

You must notify Intelihub immediately if you become aware of:

1. any problem or incident associated with Intelihub that has caused, or could cause, harm; or
2. any deficiencies or potential deficiencies in safety, quality, efficacy, performance or presentation of Intelihub.

10. Suspension and termination

10.1 Suspension

Where practicable, we will provide notice of outages or suspensions … We reserve the right to restrict, suspend or terminate your access …

10.2 Termination

You may terminate your use of Intelihub by emailing support@intelihub.com or through your Account settings.

We may terminate these Terms if:

1. we reasonably believe you have breached any of these Terms;
2. we withdraw Intelihub from market (pro-rata refund of fees paid applies); or
3. we consider it reasonably necessary to comply with applicable law.

Where we terminate these Terms … we will not refund any fees or other amounts that you have paid.

10.3 Effect of termination

On termination or expiry of these Terms:

1. you must pay all relevant outstanding fees or other amounts (including under an indemnity);
2. the license in clause 7.2 will cease and you shall cease using Intelihub and related services;
3. to the extent permitted by law, you must return or destroy all copies of Confidential Information on request;
4. to the extent permitted by law, we may delete any data, content or materials provided to us; and
5. accrued rights and those that by their nature survive termination will continue.

11. Indemnity

You must at all times indemnify and hold harmless Intelihub and our related bodies corporate from and against any loss, liability, claim or expense arising from:

1. any claim made by a patient in relation to any act or omission of you (except where caused by Intelihub’s unlawful or wilful misconduct);
2. any negligence or failure to comply with applicable law or professional obligations by you;
3. any willful, unlawful, fraudulent or negligent act or omission by you or your personnel;
4. any damage to or loss of property or death or injury to us or our related bodies corporate to the extent caused by you;
5. your use of Intelihub, Intelihub Content or related services (except to the extent caused by Intelihub’s unlawful or wilful misconduct); and
6. any infringement or misappropriation of intellectual property rights by you or your personnel (except where caused by Intelihub).

12. Liability

12.1 Disclaimer

You acknowledge that Intelihub uses AI/ML and may in certain circumstances be inaccurate, incomplete or inappropriate … You must evaluate the accuracy of Intelihub Content before relying on it.

Intelihub, Intelihub Content and the related services are provided “as is” without warranty or guarantee of any kind, and we will not be liable for losses arising from, including but not limited to:

1. your use of Intelihub or materials made available through it;
2. inaccessibility of Intelihub or loss/corruption of your materials;
3. unauthorized access to or alteration of data or materials;
4. communications/performance/security/data-corruption problems or transmission failures by third parties;
5. information or materials being incorrect, incomplete or not up-to-date; and/or
6. interference with or damage to your systems occurring in connection with the use of Intelihub or a linked site.

12.2 Intelihub Liability

To the extent permitted by law, Intelihub’s aggregate liability during any consecutive twelve-month period is limited to the fees Intelihub is entitled to in relation to your use during that period.

13. Jurisdiction and governing law

These Terms are governed by the law of Florida, United States, and you submit to the non-exclusive jurisdiction of its courts.

14. Updates

We may modify, update or replace these Terms by providing reasonable (where practicable, 30 days’) prior written notice …

Where a change materially and detrimentally affects you, you may terminate and receive a pro-rata refund of prepaid Subscription Fees. Continued use after the notice period constitutes acceptance.

15. Relationship of parties

Each party is an independent contractor; nothing creates a partnership, agency, joint venture or employment relationship.

Neither party may bind the other except as provided in these Terms.

16. General

1. Your Account is personal; you may not transfer, assign, sub-contract or sub-licence your rights or obligations.
2. If performance is prevented by events beyond our reasonable control, obligations are suspended for the duration of the delay.
3. Nothing herein creates a partnership/agency/employment relationship or authority to bind Intelihub.
4. These Terms constitute the entire agreement and supersede prior arrangements.
5. If any provision is invalid or unenforceable, it will be replaced with a valid provision that most closely reflects the original intent; the remainder continues in force.
6. Each party shall do all things and execute documents necessary to give full effect to these Terms.