TraceBack

Care coordination that never stops

Medical Disclaimer

This software is a clinical tracking and documentation tool ONLY. It does not provide medical advice, diagnosis, or treatment recommendations. Always seek the advice of qualified healthcare professionals regarding medical conditions. Never disregard professional medical advice or delay seeking it because of information in this system. In a medical emergency, immediately contact emergency services (000 in Australia) or attend your nearest hospital emergency department.

Terms of Service

Effective Date: 29/11/2025

Version: 1.0

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your use of the TraceBack Health platform ("Platform"), operated by TraceBack Health Pty Ltd ACN 693083475 ("TraceBack Health", "TraceBack", "we", "us", "our").

By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

2. Eligibility and Account Creation

2.1 Age Requirements

  • You must be 18 years or older to create an account
  • Users under 18 require a parent or legal guardian to create and manage the account on their behalf

2.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorised access or security breach
  • Ensuring all information provided is accurate, current, and complete

2.3 Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms or are used fraudulently.

3. Service Description

3.1 Platform Features

TraceBack Health provides:

  • Continuous symptom and medication tracking between medical appointments
  • AI-powered escalation guidance using a 5-tier system (Home Care, GP within 5 days, GP within 2 days, Urgent Care, Emergency)
  • Pre-populated clinical note generation for your treating clinician
  • Secure communication with your healthcare provider

3.2 Clinical Support Tool Only

The Platform is a clinical support tool designed to assist communication between you and your healthcare provider. It is NOT:

  • A substitute for professional medical advice, diagnosis, or treatment
  • An emergency medical service
  • A provider of clinical decisions or clinical decision support to healthcare professionals

4. Critical Service Limitations

4.1 Not Medical Advice

  • The Platform does not provide medical advice, diagnosis, or treatment
  • All escalation recommendations are guidance only and require your judgment
  • Always consult your healthcare provider for medical decisions

4.2 AI Limitations

  • AI processes de-identified symptom patterns to generate escalation suggestions
  • AI recommendations are not clinical decisions
  • No identifiable patient data is processed by AI systems
  • Human clinical oversight is always required

4.3 No Clinical Decision Support for Clinicians

  • The Platform does not provide risk alerts or clinical decision support to healthcare providers
  • Your GP retains full and independent clinical responsibility for your care
  • Clinical notes generated are templates only and require clinician review

4.4 Emergency Situations

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 000 IMMEDIATELY. DO NOT RELY ON THIS PLATFORM FOR EMERGENCY ASSISTANCE.

The Platform is not monitored 24/7 and should never be used for urgent or emergency medical situations.

5. Data Collection and Use

5.1 Information We Collect

We collect and process:

  • Personal information (name, date of birth, contact details)
  • Medical history and current conditions
  • Symptom logs and tracking data
  • Medication information
  • Device data (if using connected health devices)
  • Usage data and platform interactions

5.2 How We Use Your Information

Your information is used to:

  • Generate escalation guidance recommendations
  • Create pre-populated clinical notes for your healthcare provider
  • Integrate with your GP's practice management system
  • Improve Platform functionality (using de-identified data)
  • Conduct quality improvement and research (using de-identified data)
  • Comply with legal and regulatory obligations

5.3 Data Retention

  • Clinical data is retained for 7 years in accordance with Australian healthcare record-keeping requirements
  • You may request deletion of your account, subject to mandatory retention obligations
  • De-identified research data may be retained indefinitely

6. AI Usage and Consent

6.1 AI Processing

By using the Platform, you consent to:

  • AI processing of de-identified symptom patterns to generate escalation recommendations
  • Automated analysis of your symptom logs to identify potential escalation needs
  • Machine learning improvements based on de-identified usage patterns

6.2 AI Limitations and Oversight

  • AI-generated recommendations are suggestions only, not medical advice
  • All AI outputs require human review and clinical judgment
  • You should always consult your healthcare provider before acting on AI recommendations
  • AI systems may produce errors or inappropriate suggestions

7. Privacy and Security

7.1 Privacy Compliance

We comply with:

  • Privacy Act 1988 (Cth)
  • Australian Privacy Principles

7.2 Security Measures

We implement:

  • AES-256 encryption for data at rest
  • TLS 1.3 encryption for data in transit
  • Multi-factor authentication options
  • Regular security audits and penetration testing
  • Access controls and audit logging

7.3 Data Breach Notification

In the event of a data breach affecting your personal information, we will notify you within 72 hours and report to the Office of the Australian Information Commissioner (OAIC) as required.

7.4 Your Privacy Rights

You have the right to:

  • Access your personal information
  • Correct inaccurate information
  • Request deletion (subject to legal retention requirements)
  • Complain to the OAIC about privacy concerns
  • Withdraw consent (subject to clinical record-keeping obligations)

8. Data Sharing and Disclosure

8.1 Healthcare Provider Access

Your data is shared with:

  • Your nominated GP and their practice
  • Authorised members of your care team (with your consent)
  • Practice management systems used by your healthcare provider

8.2 Legal Disclosure

We may disclose your information when:

  • Required by law or court order
  • Necessary to protect health and safety
  • Required by regulatory authorities
  • Necessary to enforce these Terms

8.3 No Third-Party Marketing

We will never sell your personal information or use it for third-party marketing purposes.

9. Patient Rights and Control

9.1 Access Rights

You may:

  • Access all your data through the Platform
  • Request a copy of your data in CSV or FHIR format
  • Correct or update your information at any time

9.2 Consent Withdrawal

You may withdraw consent for:

  • AI processing of your data
  • Data sharing with specific healthcare providers
  • Participation in de-identified research

Note: Withdrawal may limit Platform functionality. Clinical records must be retained for 7 years regardless of consent withdrawal.

9.3 Complaints Process

If you have concerns about privacy or data handling:

  • Contact our Privacy Officer at hello@traceback.health
  • If unresolved, escalate to the OAIC: www.oaic.gov.au

10. Guardian and Vulnerable User Provisions

10.1 Minors

  • Accounts for users under 18 must be created and managed by a parent or legal guardian
  • Guardians have full access to and control over the minor's account and data
  • Guardians are responsible for all account activities

10.2 Cognitive Impairment

  • Carers or guardians may be granted access with appropriate legal authority
  • Reasonable accommodations will be made for users with cognitive impairments

10.3 Deceased Users

  • Next of kin may request access to a deceased user's data with appropriate legal documentation
  • Requests must comply with Privacy Act requirements for deceased individuals

11. Fees and Service Availability

11.1 No Direct Patient Fees

  • The Platform is provided to you at no direct cost
  • Your GP's practice maintains a subscription with TraceBack Health
  • Service availability depends on your GP's active subscription

11.2 Service Interruption

  • If your GP's subscription lapses, your access may be suspended
  • We will provide reasonable notice before service interruption
  • You may export your data before access is terminated

12. Disclaimers and Limitations of Liability

12.1 No Warranty

The Platform is provided "as is" without warranties of any kind, including:

  • Accuracy or completeness of AI recommendations
  • Uninterrupted or error-free operation
  • Fitness for a particular purpose
  • Clinical outcomes or health improvements

12.2 Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for any clinical decisions made based on Platform use
  • Your healthcare provider retains full clinical responsibility for your care
  • We are not liable for indirect, consequential, or special damages
  • Our total liability is limited to $5 million AUD or the amount paid by your GP for services in the preceding 12 months, whichever is greater

12.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law or other applicable laws that cannot be lawfully excluded.

12.4 Service Level

  • We target 99.9% platform uptime
  • Scheduled maintenance will be notified in advance
  • We are not liable for downtime caused by factors beyond our reasonable control

13. Your Responsibilities

You agree to:

  • Provide accurate and complete information
  • Use the Platform only for its intended purpose
  • Not misuse, interfere with, or attempt to gain unauthorised access to the Platform
  • Not use the Platform for any illegal purpose
  • Comply with all applicable laws and regulations
  • Seek immediate medical attention for emergencies rather than using the Platform

14. Intellectual Property

14.1 Platform Ownership

All intellectual property rights in the Platform, including software, content, trademarks, and designs, belong to TraceBack Health or our licensors.

14.2 Your Data

You retain ownership of your personal health information. By using the Platform, you grant us a licence to use your data as described in these Terms.

15. Termination

15.1 Your Right to Terminate

You may close your account at any time by:

  • Contacting your healthcare provider
  • Emailing us at hello@traceback.health
  • Using the account closure function in the Platform

15.2 Our Right to Terminate

We may suspend or terminate your account if:

  • You breach these Terms
  • You misuse the Platform
  • Your GP's subscription is cancelled
  • Required by law or regulatory authority

15.3 Effect of Termination

Upon termination:

  • Your access to the Platform will cease
  • We will provide you with an export of your data (subject to format limitations)
  • Clinical records will be retained for 7 years as required by law
  • These Terms continue to apply to data retained after termination

16. Changes to Terms

16.1 Notification

We may update these Terms from time to time. We will notify you of material changes by:

  • Email to your registered address
  • Prominent notice on the Platform
  • In-app notification

16.2 Acceptance

Continued use of the Platform after changes constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Platform.

17. General Provisions

17.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to the non-exclusive jurisdiction of courts in New South Wales.

17.2 Severability

If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force.

17.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TraceBack Health regarding the Platform.

17.4 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

17.5 Assignment

You may not assign these Terms. We may assign our rights and obligations to a successor entity.

18. Contact Information

For all enquiries: hello@traceback.health

For medical emergencies: Call 000 immediately

By creating an account or using TraceBack Health, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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