Terms of Service and Legal Policies

Effective Date: April 17, 2024

1. Introduction

Welcome to the legal repository for Minerva Data Pty. Ltd. ("Minerva Data"). This document serves as the binding agreement governing the use of our cloud-based healthcare solutions, including our Electronic Medical Record (EMR), Hospital Information Software (HIS), Radiology Information Software (RIS), Laboratory Information Software (LIS), and Dental Practice Software.

We are committed to transparency. While this is a legal document, we have endeavored to present our policies, data handling practices, and terms of use in accessible language to ensure you fully understand your rights and obligations.

2. Proprietary Software License Agreement

Grant of License

Subject to your compliance with these terms, Minerva Data grants the user (hereinafter "Licensee") a non-exclusive, non-transferable, limited right to access and use our software services. This license is strictly for the internal business purposes of the Licensee.

Intellectual Property Rights

All rights, titles, and interests in and to the software, including source code, design, and associated intellectual property, remain the exclusive property of Minerva Data. The Licensee acknowledges that no ownership rights are transferred under this agreement.

Restrictions on Use

The Licensee is strictly prohibited from:

1. Modifying, copying, or creating derivative works of the software.

2. Reverse engineering, de-compiling, or disassembling any part of the service.

3. Reselling, redistributing, sub-licensing, or making the services available to unauthorized third parties without prior written consent.

Any violation of these restrictions will result in immediate termination of the license.

3. Privacy, Data Security, and Compliance

Privacy Policy

Our Privacy Policy outlines how we collect, process, and protect your information. By using our services, you consent to our data practices. If you do not agree with any aspect of our privacy terms, you must discontinue the use of our services immediately.

Data Security Measures

Minerva Data employs robust, up-to-date security measures to protect your data against unauthorized access, cyber threats, and accidental disclosure. We do not retain payment card details; all financial transactions adhere to stringent payment security standards.

Data Breach Protocol

In the unlikely event of a data breach, we are committed to promptly notifying affected users and taking immediate remedial actions to mitigate risks.

Data Disclosure

We do not sell or share your data for external purposes. Data is protected against third-party disclosure unless legally mandated. In the event of a legal request for data, we will notify the affected user unless prohibited by law.

4. Service Usage, Fees, and Payment

Pricing and Usage Thresholds

Minerva Data provides a base tier of 10GB of service usage (storage, upload, and download) at no cost. Usage is monitored regularly.

Should your usage exceed the 10GB limit, additional capacity is automatically provisioned in increments of 100GB at a cost of USD 5.00 per month. This fee will be applied to your monthly invoice. Notifications will be sent as you approach the limit and when fees are applied.

Payment Obligations

Users must strictly adhere to the payment terms. Failure to settle invoices by the due date will result in specific consequences outlined below. Strictly, Minerva Data provides no refunds for sold services and products.

Consequences of Non-Payment

Phase 1: Service Suspension

If payment is not received by the due date, access to services will be temporarily suspended. You will be granted a grace period of 30 days to settle the outstanding balance. During this suspension, access is limited, and no new data can be uploaded.

Phase 2: Account Termination

If the balance remains unpaid after the 30-day suspension period, Minerva Data reserves the right to terminate the account.

Phase 3: Data Deletion

Upon termination, a final notification will be issued. If the account is not regularized within a final 30-day period following termination, all stored data will be permanently deleted from our servers. Please be aware that once deleted, data cannot be recovered.

Reactivation

Reactivating a suspended or terminated account requires the settlement of all outstanding balances and may incur additional reactivation fees.

5. Data Management and User Responsibilities

Account Management

Users are responsible for maintaining the security of their accounts, including accurate system configurations and the deactivation of dormant accounts. Systems not accessed for extended periods may be quarantined to prevent security vulnerabilities.

Patient Safety and Professional Use

Our services are designed for use by trained medical professionals. Minerva Data acts as an information management tool and does not replace professional medical judgment. Incorrect usage poses risks to patient safety; therefore, comprehensive training and adherence to the user manual are mandatory.

Backups

While Minerva Data performs system backups, users are advised to perform regular user-initiated backups to ensure data integrity. Access to your data by our support team requires your explicit consent, barring exceptional emergency circumstances.

6. Service Scope and Limitations

Functionality and Customization

While our software covers a broad spectrum of healthcare data management needs (EMR, HIS, RIS, LIS), it is a standardized cloud service and may not accommodate every specific client requirement.

Service Availability

We aim for consistent uptime. However, occasional downtime due to maintenance or technical issues may occur. Scheduled maintenance will be communicated in advance.

Integration and Support

Our systems interact with various platforms, but third-party integration is not guaranteed for all software or legacy systems. Regarding support: unless a specific support tier is purchased, the standard Basic Support package applies.

Modifications to Service

Minerva Data reserves the right to modify, suspend, or discontinue features, pricing, or offerings at any time. Significant changes will be communicated via official channels.

7. Disclaimers and Limitations of Liability

No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINERVA DATA CLOUD-BASED SERVICES ARE PROVIDED "AS IS" WITH ABSOLUTELY NO WARRANTY, EXPRESS OR IMPLIED.

Liability Limitation

Minerva Data shall not be liable for issues stemming from misunderstandings regarding the service scope, user error, or unauthorized use of the system.

8. Dispute Resolution and Governing Law

These terms and conditions are governed by the laws of Australia. All disputes arising under or related to these terms shall be resolved through arbitration in accordance with Australian law. Users agree to submit to the exclusive jurisdiction of the courts of Australia.

9. Final Agreement and Contact

By accessing or using Minerva Data's services, you acknowledge that you have read, understood, and agreed to these terms. This document constitutes the entire agreement between the user and Minerva Data regarding the use of the service.

For legal inquiries or feedback, please visit our contact page at: https://minervadata.com/website/en/contact

Minerva Data Pty. Ltd. © 2024
Perth, Australia.