Terms of Use


Minerva Data's Terms of Use Page outlines our key policies, practices, and procedures for our cloud-based services, including medical and health services and software.

Effective April 17, 2024

Welcome to Minerva Data's Legal Page

Introduction

This document provides a clear, concise outline of the policies, practices, and procedures governing Minerva Data's cloud-based services, encompassing our Electronic Medical Record (EMR), Hospital Information Software (HIS), Radiology Information Software (RIS), Laboratory Information Software (LIS), and Dental Practice Software.

Commitment to Clarity

We prioritize transparency by presenting our legal, privacy, and terms in straightforward, accessible language to ensure our users fully grasp our service offerings and data handling practices. We also provide a FAQ section for common legal inquiries to further aid understanding.

Privacy and Legal Compliance

Our Privacy and Legal Policy delineates how we collect, process, and share your information. It's important to review these terms thoroughly. If you find any part disagreeable, please refrain from using our services.

Data Security

We diligently safeguard your data against unauthorized access, cyber threats, and accidental disclosure, employing up-to-date and robust security measures. In case of a data breach, we commit to notifying affected users promptly and taking immediate remedial actions.

User Responsibilities

Users are integral to maintaining security. This encompasses responsible account management, deactivating dormant accounts, maintaining accurate system configurations, and timely payments for uninterrupted service.

Payment Terms and Consequences of Non-Payment

Payment Obligations

As a user of Minerva Data's services, you are required to make timely payments in accordance with the terms outlined under "Service Usage and Fees." Failure to meet these payment obligations may result in service interruptions or limitations.

Service Suspension for Non-Payment

If a payment is not received by the due date, Minerva Data reserves the right to suspend access to services temporarily. Users will be notified and given a grace period of 30 days to settle the outstanding balance. During this time, users will have limited access to the services, and no new data can be uploaded.

Data Deletion Policy

In the event that the outstanding balance is not settled within the provided 30-day grace period, Minerva Data reserves the right to terminate the account. Upon termination, all stored data will be deleted from our servers after an additional notification and a final grace period of 30 days. Please be aware that once data is deleted, it cannot be recovered.

Reactivation

Users wishing to reactivate their service after suspension or termination due to non-payment must settle all outstanding balances and may be subject to reactivation fees.

It is crucial to maintain your account in good standing to avoid service disruption and potential loss of data. We encourage users to contact our customer support for any questions regarding billing or to discuss payment options if facing financial difficulties.

Service Evolution

Our services are subject to periodic enhancements, including new features and security improvements. Significant changes will be communicated in advance through our official communication channels.

Data Management

Access and Backup

Access to your data requires your explicit consent, barring exceptional approved circumstances. We advise regular user-initiated backups to ensure data integrity and availability. Additionally, to maintain security standards, systems not accessed for extended periods may be quarantined. This precautionary measure is to safeguard against unauthorized access and potential security vulnerabilities.

Disclosure

Your data is neither sold nor shared for external purposes and is protected against third-party disclosure unless legally mandated. We will notify users of any legal data requests.

Unauthorized Use

Illegitimate access or data manipulation incurs severe legal repercussions, aligning with prevailing cybercrime regulations. This stringent approach ensures the protection of your data against unauthorized use and maintains the integrity of our systems.

Patient Safety

Our services are intended for use by trained medical professionals. Incorrect usage poses risks to patient safety. Comprehensive understanding through our user manual is advised.

Payment Security

We do not retain payment card details used for service transactions and adhere to stringent payment security standards.

Service Usage and Fees

Minerva Data provides 10GB of free service usage, which includes data storage, upload, and download activities. Should your overall usage exceed this limit, additional capacity will be available in increments of 100GB at a cost of USD 5.00 per month. This fee will be automatically applied to your monthly bill once you exceed the 10GB threshold. We will notify you as your usage approaches the limit and once the additional usage fee applies.

We encourage users to monitor their service usage to ensure that it aligns with their needs and budget. Detailed information on tracking your usage and optimizing your data management is available in our user manual or by contacting customer support.

All fees and usage thresholds are subject to change, but we will provide advance notice of any adjustments in accordance with our Changes to Services and Terms policy.

Service Scope and Limitations

Functionality

While our services cover a broad spectrum of healthcare data management needs, they may not accommodate every specific client requirement.

Performance

We aim for consistent uptime, acknowledging that occasional maintenance or technical issues may lead to downtime, which we strive to minimize. Any scheduled maintenance will be announced in advance.

Integration

Our systems are designed for compatibility with various platforms, though certain third-party software or older systems might present integration challenges.

Training and Usage

Effective use of our services is contingent on proper training and usage by trained medical professionals.

Expectations and Warranties

Realistic Expectations

Our solutions are intended to augment, not replace, professional healthcare judgment.

No Warranty for Unspecified Use

Usage beyond the outlined scope is at the user's risk, with no performance warranty from Minerva Data. We expressly disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Dispute Resolution and Governing Law

All disputes arising under these terms will be handled through arbitration in accordance with the laws of Australia, which shall govern these terms and conditions. Users agree that any legal actions or proceedings shall be conducted exclusively in the courts of Australia.

Changes to Services and Terms

Minerva Data reserves the right to modify, suspend, or discontinue any aspect of our services, including features, pricing, and offerings, at any time without prior notice. These changes may be due to business decisions, market conditions, technological advancements, or compliance with legal and regulatory requirements. We strive to ensure that any changes are reasonable and in the best interest of providing quality service to our users. Users are encouraged to review our terms and policies periodically to stay informed of any updates.

Acknowledgment and Agreement

Using our services constitutes acceptance of these terms, including the outlined scope and limitations. Minerva Data is not liable for any issues stemming from misunderstandings regarding the service scope. Users are responsible for reviewing these terms regularly to ensure ongoing compliance and agreement.

Final Agreement

By accessing or using Minerva Data's services, you agree to the terms and conditions detailed in this document, including any future modifications. This agreement constitutes the entire agreement between the user and Minerva Data regarding service use.

Proprietary Software License Agreement

Grant of License

This Agreement provides the user (referred to as "Licensee") a non-exclusive, non-transferable, limited right to access and use Minerva Data's services, as per the terms and conditions herein.

Restrictions

The Licensee is prohibited from modifying, copying, distributing, reverse engineering, decompiling, or disassembling any part of Minerva Data's software and services. The software's source code remains the exclusive property of Minerva Data and is not made available to the Licensee.

Intellectual Property

All rights, titles, and interest in and to the software, including any associated intellectual property rights, are owned by Minerva Data

No Resale or Redistribution

The Licensee is not permitted to resell, redistribute, sublicense, or otherwise make the services available to any third party without prior written consent from Minerva Data.

Compliance with Laws

The Licensee agrees to use the services in compliance with all applicable laws and regulations, including but not limited to data protection and privacy laws.

Termination

This Agreement is effective until terminated. Minerva Data reserves the right to terminate this Agreement and restrict access to the services if the Licensee fails to comply with any of the terms and conditions set forth herein.

Acknowledgment

By using Minerva Data's services, you acknowledge that you have read, understood, and agree to be bound by the terms of this proprietary software license agreement, including any amendments made from time to time. Continued use of the services after any such changes shall constitute your consent to such changes.

Contact Information: For any legal inquiries or feedback regarding our terms, please contact us as per the contact us page at (https://minervadata.com/website/en/contact).

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Minerva Data Pty. Ltd. © 2024

Perth, Australia.