Terms of use
Pending legal review. This is a working draft for the beta. It is not yet in force and may change before the beta opens.
These terms are the agreement between you and Taylor Med Pty Ltd for the use of SonoCred. Read them with the privacy policy. Creating an account means you accept them.
Contents
- 1. About these terms
- 2. Who can use the app
- 3. Your account
- 4. What the app is and is not
- 5. Patient identifiers
- 6. Clinical responsibility
- 7. Your logbook
- 8. Supervisors and departments
- 9. Beta software
- 10. Acceptable use
- 11. Our intellectual property
- 12. Fees
- 13. Suspension and ending
- 14. Liability
- 15. Governing law
- 16. Changes
- 17. Contact
1. About these terms
SonoCred is provided by Taylor Med Pty Ltd, an Australian company. In these terms "we" and "us" mean Taylor Med Pty Ltd. "The app" means the SonoCred apps for iPhone, Android and the web, and this website. "You" means the person who holds the account.
If you use the app on behalf of a hospital or department under a separate written agreement with us, that agreement prevails where it differs from these terms.
2. Who can use the app
- You must be a registered medical practitioner, a medical trainee, or a clinician who supervises point-of-care ultrasound training.
- You must be at least 18 years old.
- During the beta, accounts are by invitation only. You may not share your invitation.
3. Your account
- One account per person. Give us your real name and a working email address, because your supervisors will rely on them.
- Keep your sign-in details to yourself. You are responsible for what is done with your account until you tell us it has been compromised.
- Turn on multi-factor authentication. It is required for supervisor and ultrasound lead accounts.
- Keep your phone locked with a passcode or biometrics. The identifier vault on your phone depends on it.
4. What the app is and is not
The app is an educational logbook. It records the scans you perform, what you found, the follow-up result and your supervisor's attestation, and counts them against the ACEM and ASUM module thresholds.
- It is not a medical device. It does not analyse images, it does not give diagnostic feedback about any patient, and it is not intended to inform the diagnosis, treatment or management of any patient. It is not a medical device within the meaning of section 41BD of the Therapeutic Goods Act 1989 (Cth), section 520(o) of the United States Federal Food, Drug, and Cosmetic Act, or the equivalent law elsewhere.
- It is not a medical record. Your hospital's record is the record. Document the scan there as your hospital's policy requires, including any statement that a training scan was performed and not verified by a credentialled clinician.
- It does not credential anyone. Hospitals credential. ACEM and ASUM set the standard. We are not ACEM or ASUM and neither has endorsed the app. Whether your logbook is accepted as evidence is a decision for your credentialling committee.
5. Patient identifiers
This section matters more than any other. The app's cloud is designed to hold no patient identifiers and you must not defeat that design.
- You must not enter into any field that syncs to the cloud, including free text, a patient's name, MRN, UR number, date of birth, address, phone number, Individual Healthcare Identifier, Medicare number, or any other detail that could identify the patient. Enter the age band, not the date of birth.
- You must not upload, paste or describe any ultrasound image or video in this version of the app.
- You must not try to identify a patient from another user's entries, or combine entries with other information to do so.
- If you choose to record an MRN or date of birth in the vault on your phone, that record is yours. It is not sent to us. You are responsible for it under your employer's policies on patient information held on personal devices, and you must purge it when the app prompts you to after sign-off, or sooner if your employer requires.
- Before each scan, tell the patient that the scan is for your credentialling and obtain their consent, as ACEM policy P733 requires. Record that consent where your hospital requires.
If identifying information reaches our systems we will delete it, we may suspend or close the account that supplied it, and we may tell your hospital.
6. Clinical responsibility
Every clinical decision remains yours and your treating team's. Until you are credentialled in a module, findings from your training scans must not alter a patient's management except as your hospital's policy allows. Nothing in the app is advice about a patient.
7. Your logbook
- Your entries are yours. You can export them and delete them.
- You give us a licence to store, process, back up and display your entries, to show them to the supervisors you nominate and to your department's ultrasound lead, and to produce summaries from them. The licence lasts while your account is open and ends when you delete the entries or the account, subject to the retention periods in the privacy policy.
- You are responsible for the accuracy of what you enter. Falsifying an entry, a follow-up or an attestation may be professional misconduct, and we will close the account of anyone found doing it.
8. Supervisors and departments
- A supervisor can see and sign the entries of trainees who have nominated them. An ultrasound lead can see the progress of every trainee in their department.
- Supervisors and leads must use that access only to supervise, assess and credential. They must not download or share a trainee's entries outside the department except as the credentialling process requires.
- An attestation in the app is the supervisor's own statement. We do not verify it.
9. Beta software
- The app is in beta. Features will change, some things will break, and the service may be unavailable at times without notice.
- Keep your own record of scans until you are confident in the app, and export your logbook regularly.
- We may end the beta, or your part in it, at any time. If we do, we will give you at least 30 days to export your logbook unless we have to act sooner for legal or security reasons.
10. Acceptable use
You must not:
- use the app for any purpose other than logging and supervising point-of-care ultrasound training;
- access or try to access another person's account or entries you have not been granted;
- interfere with the service, probe its security without our written permission, or use automated tools to extract data from it;
- copy, modify, reverse engineer or resell the app;
- use the app in a way that breaks the law, your employer's policies, or your professional obligations.
11. Our intellectual property
The app, its design, its text, its artwork and its code belong to Taylor Med Pty Ltd or its licensors. These terms give you a personal, non-transferable licence to use the app while you hold an account. They do not give you any other right in it.
12. Fees
The app is free during the beta. If we introduce a charge, we will tell account holders by email at least 30 days beforehand. You will be able to export your logbook and close your account before any charge applies.
13. Suspension and ending
- You can close your account at any time from Settings or by emailing us. Export your logbook first.
- We may suspend or close your account if you break these terms, in particular section 5, or if the law requires. We will tell you why unless we are not allowed to.
- Sections 5, 7, 11, 14 and 15 continue after the account ends.
14. Liability
Australian Consumer Law gives you guarantees that cannot be excluded. Nothing in these terms excludes, restricts or modifies those guarantees or any other right that cannot lawfully be excluded.
Subject to that:
- the app is provided as it is, and during the beta we do not promise that it will be available, accurate or free of faults;
- we are not liable for any loss that arises from a credentialling decision made by your hospital, from a clinical decision, from your breach of section 5, or from loss of data you did not export;
- we are not liable for indirect or consequential loss, or loss of income or opportunity;
- where our liability can be limited, it is limited, at our choice, to resupplying the service or to the fees you paid us in the 12 months before the claim, or AUD 100 if you paid nothing.
You indemnify us against claims by third parties that arise from your breach of section 5.
15. Governing law
These terms are governed by the law of Western Australia, Australia. You and we submit to the courts of Western Australia and the courts that hear appeals from them. If you use the app from another country, you are responsible for complying with that country's law.
16. Changes
We may change these terms. The version and date are at the top. For a change that affects your rights, we will email account holders at least 14 days before it takes effect. Using the app after that date means you accept the change. If you do not, close your account before then.
17. Contact
Taylor Med Pty Ltd, Australia
support@taylormed.com.au