Terms of Use

Section 1

Acceptance of Terms

This Agreement is entered into between you ("User", "you", or "your") and Ellian Tech (ABN 99 667 910 880) ("Ellian Tech", "we", "us", or "our"), the developer and publisher of the Paediatric ECG application ("the App").

By accessing or using the App, you confirm that you:

• Are at least 18 years of age;
• Have the legal capacity to enter into a binding agreement;
• Have read, understood, and agree to be bound by this Agreement and our Privacy Policy; and
• Are a qualified healthcare professional, student, or are otherwise using the App for legitimate educational or reference purposes.

Users under the age of 18 must have the consent of a parent, guardian, or supervising educator before using this App.

Section 2

Licence Grant

Subject to your compliance with this Agreement, Ellian Tech grants you a limited, non-exclusive, non-transferable, revocable licence to download and use the App on any Apple device that you own or control, solely for your personal, non-commercial, educational, or professional reference purposes.

This licence does not include the right to:

• Sublicence, sell, resell, transfer, assign, or otherwise exploit the App;
• Modify, translate, adapt, or create derivative works based upon the App;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
• Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) in or on the App; or
• Use the App for any unlawful purpose or in any manner inconsistent with this Agreement.

Section 3

Medical and Clinical Disclaimer

The App and all content contained within it, including but not limited to ECG interpretations, reference values, clinical guidelines, educational materials, and diagnostic criteria (collectively, "Content"), are provided for informational and educational purposes only.

The Content does not constitute and must not be relied upon as:

• Medical advice, diagnosis, or treatment;
• A recommendation or endorsement of any particular clinical course of action;
• A replacement for the independent clinical judgement of a qualified healthcare professional; or
• A definitive or complete reference for any clinical situation.

Healthcare professionals using this App must exercise their own independent clinical judgement in all circumstances. The App is a reference tool only. Patient care decisions must always be based on the clinician's full assessment of the individual patient, current clinical guidelines, institutional protocols, and consultation with appropriate colleagues or specialists where required.

Ellian Tech makes no representations or warranties that the Content is accurate, complete, current, or suitable for any particular clinical purpose. Medical knowledge and clinical guidelines evolve over time, and the Content may not reflect the most current evidence or recommendations.

Section 4

Limitation of Liability

To the maximum extent permitted by applicable law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)):

• Ellian Tech, its directors, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your use of, or inability to use, the App or its Content;
• This includes, without limitation, any loss of life, personal injury, patient harm, loss of profits, loss of data, or any other loss or damage of any kind, whether based in contract, tort (including negligence), statute, or otherwise;
• Ellian Tech's total aggregate liability to you for any claim arising out of or relating to this Agreement or the App shall not exceed the amount paid by you for the App (if any) in the twelve (12) months preceding the claim.

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

Section 5

Indemnification

You agree to indemnify, defend, and hold harmless Ellian Tech and its directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your use of or reliance on the App or its Content;
• Any clinical decision made by you or any other person based on information provided by the App;
• Your violation of this Agreement; or
• Your violation of any applicable law or the rights of any third party.

Section 6

Intellectual Property

The App and all Content, features, and functionality (including but not limited to all text, graphics, data, software, and their selection and arrangement) are owned by Ellian Tech or its licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

Nothing in this Agreement transfers any intellectual property rights to you. The limited licence granted in Section 2 does not constitute a transfer of title to the App or any Content.

Section 7

Apple App Store — Additional Terms

The following additional terms apply as required by Apple Inc. for applications distributed through the Apple App Store:

• This Agreement is between you and Ellian Tech only, and not with Apple Inc. Apple is not responsible for the App or its Content.
• Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, or claims arising under consumer protection or similar legislation.
• Apple is not responsible for the investigation, defence, settlement, or discharge of any third-party claim that the App infringes that third party's intellectual property rights.
• Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right to enforce this Agreement against you as a third-party beneficiary thereof.

Section 8

Updates, Modifications, and Availability

Ellian Tech reserves the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice, and without liability to you. We may also update or revise the Content periodically. Updated versions of the App may be made available through the Apple App Store.

We are not obligated to provide updates, corrections, enhancements, or new versions of the App.

Section 9

Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically and without notice from Ellian Tech if you fail to comply with any of its terms.

Upon termination of this Agreement, you must cease all use of the App and delete all copies of the App from your devices. Sections 3, 4, 5, 6, 10, and 11 of this Agreement shall survive any termination.

Section 10

Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

If you are accessing the App from outside Australia, you are responsible for compliance with local laws to the extent they are applicable.

Section 11

General Provisions

• Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
• Entire Agreement: This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Ellian Tech regarding the App and supersedes all prior agreements, understandings, or representations.
• No Waiver: Ellian Tech's failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. Ellian Tech may assign this Agreement without restriction.

Section 12

Changes to This Agreement

We may update this Agreement from time to time. When we do, we will revise the Effective Date at the top of this document. Continued use of the App after any changes constitutes your acceptance of the updated Agreement. We encourage you to review this Agreement periodically.

Section 13

Contact Information

If you have any questions about this Agreement, please contact us: