Terms and Conditions

Terms and Conditions refer to a set of terms and conditions under App User Agreement (User Agreement) relevant for the mobile or web application "Lilly" (Application), and the Software As a Service Agreement (SaaS Agreement) relevant for clinicians and practices using the mobile or web application (Dashboard).

1. App User Agreement

Terms of use

The terms of use for Align HealthTech Ltd (trading name including Lilly) ('we', 'us', or 'our') outlines the terms of agreement for users of our mobile or web application, Lilly (app). We strongly recommend that the user ('you') read in full the terms below before continuing to access or use our app.

By using this app, you agree to be bound by the terms of use. If you do not agree, do not use this app.

Service Description and Disclaimer

1.1 Nature of Service

Lilly is a pre-consultation data collection and synthesis tool. You, as the authorized end user, may use Lilly so that Lilly collects, analyses, and summarises your health information to assist your authorised healthcare provider during your upcoming consultation.

1.2 Medical Advice

You, as the authorised end user, may use Lilly to enter, view, and send health information to your authorized healthcare provider. Any information generated by Lilly are intended only for use by qualified and currently licensed healthcare providers including but not limited to nurses, health care assistances, vocationally registered or training general practitioner specialists and qualified urgent care clinicians, or any other professional healthcare provider authorised to access patient provided information.

We do not purport to provide medical diagnoses, advice or recommendations on treatment, including lifestyle management, prescriptions or referrals. The use of our app must not be used to replace a medical consultation. Health concerns and needs must be attended by professional medical judgment. The failure to seek appropriate medical advice must be at your sole discretion.

1.3 Emergency

THIS APP IS NOT DESIGNED FOR EMERGENCIES THAT REQUIRE IMMEDIATE MEDICAL ATTENTION.

If you are experiencing any medical emergencies that require the immediate attention of a professional healthcare provider, you must take all reasonable care to seek medical attention. If you need help dealing with an emergency:

• Call 111 immediately for an ambulance
• Visit your nearest hospital Emergency Department or Urgent Care Clinic, including after hours clinics or Accidents and Emergencies.

1.4 AI Disclaimer

You acknowledge that this App uses Generative Artificial Intelligence (GenAI) and Large Language Models (LLMs) to collect, process and summarise your personal data. You understand that:

• AI systems used in this app such as ChatGPT 5.1 (OpenAI, via Microsoft Azure) can occasionally make mistakes or be inaccurate.
• AI systems may miss context that a human would otherwise be aware of and bring attention to.

By proceeding to use this application, you accept the risk that the summary generated may contain errors. By using this application, you expressly agree that checking and verifying the information you have provided is accurate to the best of your knowledge, and that you have been given an opportunity to intervene and edit outputs that have been generated by AI systems.

Eligibility for Use of App

2.1 Age

You must be at least 16 years old to use this App independently.

2.2 Minors

If you are under the age of 16 years, you may only use this App under the strict supervision of a parent or a legal guardian. The supervising adult or legal guardian is responsible for the accuracy of all information entered.

2.3 Authorisation

You must be authorised to use this App. You may be restricted from using this App if:

• A registered healthcare provider has requested access restrictions on the grounds that the use of this App is not in the best interest of your health outcomes or the ongoing management of your health related concerns.
• You are in violation of our internal policies on the use of this App, including the abuse of AI systems or an attempt to elicit the generation of information that is clearly intended to be inappropriate or misleading.
• You are in violation of our terms and conditions.

Your Obligations

3.1 Duty of Care

You acknowledge that you have an independent duty of care to ensure that:

• You are using this App responsibly. This means that you are using this App for the intended purposes outlined in the Terms of Use which you have provided explicit agreement to.
• The information you have provided in using this App is accurate to the best of your knowledge.
• You verify the outputs the AI systems have generated during your pre-consultation. This refers to the summary page which contains information regarding your health concerns such as symptoms, medication, history and any other sentiments that pertains to your health.

3.2 Consultation

You acknowledge that the healthcare provider is at discretion to utilise the information provided by this App but is not legally required or obliged to verify all details provided to them.

• You agree that using this App does not place an obligation on the healthcare provider to read, understand and use all information supplied to them through Lilly.
• You agree not to rely solely on this App to communicate critical health information to your Provider.
• You agree that the use of this App is not intended to replace the appropriate seeking of medical advice and attention in the consultation processes, including interactions with other staff in a clinical setting such as receptionists, healthcare assistants, wellbeing coaches or any other staff that provide healthcare services in the due course of their employment.

Data Ownership & Privacy

Refer to our Privacy Notice and Policies for additional information.

4.1 User Ownership

You retain the ownership of all personal and health information you provide. Align HealthTech Ltd does not purport to claim ownership of your data.

4.2 Ownership, Retention and Use of Input Data

All the data that you input into Lilly are your property. By using this App, you agree to grant us a license to access, process and encrypt your input data for the sole purpose of creating the necessary output data to provide our services. You also agree that we may retain your input data for the minimum period of time reasonably required for the provision of our services.

4.3 Ownership, Retention and Use of Output Data

All the data that outputs from your use of Lilly are your property. By using this App, you agree to grant us a license to access, process, encrypt and transmit the summarised output data to your selected Healthcare Provider for the purposes of the consultation. You also agree that we may retain your output data for the minimum period of time reasonably required for the provision of our services.

4.4 Our Obligations Relating to Your Data

We value your privacy. We will not be using your personal or health information or consultation summaries to train our AI systems or LLM models. Your data is strictly used for the provision of the services to you and your healthcare provider.

Liability and Indemnity

5.1 Errors and AI Inaccuracies

To the extent permitted by New Zealand law, we and your healthcare providers are not liable for any claims, damages, or health outcomes resulting from:

• Inaccuracies, omissions or "hallucinations" generated by the AI systems used in the process of providing a service to you.
• Your failure to verify the summary that the AI systems have generated.
• Your reliance on the App as to seek professional medical advice.

5.2 Performance Standard

While we strive for accuracy, the App is provided to perform at the expected level of error rates or performance standards as is governed by our internal AI Performance Standards. This includes functional and non-functional performance standards such as service availability, AI system accuracies and other.

5.3 Limitation of Liability

Our liability for any claims arising out of these terms are limited to the extent permitted by the Consumer Guarantees Act 1993.

User Feedback & Improvements

6.1 Ownership of Improvements

User feedback is important to improving the user experience. You agree that the ownership of any feedback that you may provide about Lilly remain with Align Healthtech Ltd. You agree that any improvements made to Lilly in light of your feedback is also the exclusive intellectual property of Align Healthtech Ltd.

Prohibited Use & Termination

7.1 Acceptable Use

You agree not to:

• Intentionally or knowingly provide false, misleading or malicious information.
• Use abusive or inappropriate language or information within the App, including any conversations regarding criminal activities, sexual activities or discriminatory topics.
• Use the App for unintended uses, such as personal counselling, general use irrelevant to the purposes of the pre-consultation, or any other uses that generate a cost on us but is not in the due course of your pre-consultation.
• Attempt to reverse engineer, copy, or replicate the App's functionality or source code.

7.2 Termination

We reserve the sole discretion and the exclusive right to restrict access and use of the App without notice if:

• A healthcare provider reports that you have intentionally provided misinformation for an inappropriate purpose.
• You breach any Terms of Use clauses outlined above.