Acceptable Use Policy

If you or your practice are based in the United States, then the US version of our Terms of Service and the US version of our End User Terms apply to you.

If you or your practice are not based in the United States, then the outside USA version of our Terms of Service and the outside USA version of our End User Terms apply to you.

The following terms apply to your use of and access to any online service provided by or on behalf of Physitrack PLC together with its subsidiaries, affiliates, agents and licensors (collectively, “Physitrack”), including but not limited to the base Physitrack platform, Physitrack Telehealth Pro+, Physitrack Auto-Intake, PhysiData, Physitrack EMR, any beta, pilot, preview, sandbox, demonstration, evaluation or pre-release version of those services, and the associated Physitrack web and mobile applications (collectively, the “Services”), as well as any electronic transmission sent, received, posted, accessed, processed or stored through the Services.

1. COVERAGE OF THIS POLICY

In addition to any other agreement between you and Physitrack, this Acceptable Use Policy explains the requirements that govern your access to and use of the Services.

By accessing or using the Services, you agree to comply with this Acceptable Use Policy (the “Policy”), as Physitrack may update it from time to time. Updates to this Policy will become effective when posted on Physitrack’s website, subject to any notice requirements under applicable law or an applicable agreement.

If you do not agree to comply with this Policy, you must not access or use the Services.

2. PROHIBITED CONDUCT

You may access and use the Services only for lawful and authorised purposes. You are responsible for activity conducted through your account and for information or content you submit, transmit, upload, access, process or store through the Services.

By using the Services, you agree not to, directly or indirectly, and not to permit another person or entity to:

a. use or access the Services from a jurisdiction where such use or access is prohibited or unauthorised, for any unlawful purpose, or in violation of applicable local, state, federal, national or international laws, regulations, sanctions or export-control requirements;

b. engage in activity through the Services that is unlawful, fraudulent, deceptive, harmful to others, or reasonably likely to compromise the security or integrity of the Services;

c. violate or encourage the violation of any right of another person or entity, including intellectual property, confidentiality, privacy, data-protection or other legal rights;

d. upload, post, transmit or distribute content that is unlawful, defamatory, fraudulent, threatening, harassing, hateful, discriminatory, sexually explicit, malicious or otherwise prohibited by applicable law;

e. access, collect, use, disclose, upload, transmit or otherwise process personal information, personal data, health information or other protected information unless you are authorised to do so and such activity is permitted by applicable law and your agreement with Physitrack;

f. use scrapers, robots, crawlers, automated data-gathering tools or similar technologies to access or extract information from the Services except where expressly authorised by Physitrack;

g. interfere with, circumvent or attempt to circumvent security, authentication, access-control, usage-limit or other protective features of the Services;

h. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying models, algorithms or non-public components of the Services except to the extent such restriction is prohibited by applicable law;

i. introduce, upload or distribute viruses, malware, ransomware, spyware, worms, malicious code or other material intended to disrupt, damage, compromise or obtain unauthorised access to the Services or another system;

j. interfere with or disrupt any network, equipment, server, infrastructure, account or service connected to or used to provide the Services;

k. attempt to obtain personal information, credentials, clinical information or other information concerning another user or third party without authorisation;

l. impersonate another person or entity, falsely claim an affiliation, qualification, accreditation or authority, falsify account information, or access another person’s account without permission;

m. modify, copy, reproduce, distribute, publish, create derivative works from or commercially exploit any part of the Services except as expressly permitted by Physitrack or applicable law;

n. share account credentials, permit unauthorised individuals to use an account, circumvent role-based permissions, or otherwise provide access to information or functionality to a person who is not authorised to receive that access;

o. use the Services in a manner that creates an unreasonable or disproportionately large load on Physitrack’s infrastructure or that disrupts or degrades use of the Services by others;

p. send spam, phishing communications, unsolicited bulk communications, malicious links or other communications intended to deceive, disrupt or compromise another person or system;

q. use the Services to create, alter, conceal or submit false, misleading or fraudulent clinical, administrative, billing, reimbursement, regulatory or other records;

r. use the Services while driving, operating machinery or engaging in another activity where use of the Services would create an unreasonable safety risk; or

s. attempt, assist, encourage or permit another person to engage in any conduct prohibited by this Policy.

3. EMR AND HEALTHCARE USE

Where the Services include electronic medical record, clinical documentation, healthcare workflow, communications, transcription, artificial intelligence, automation or related functionality, you must use those features only for purposes authorised by Physitrack and in accordance with applicable law, applicable professional obligations, your agreement with Physitrack and any instructions made available with the relevant feature.

You must not:

a. access, create, modify, disclose, export or delete a clinical record unless you are authorised to do so;

b. use another person’s account or credentials to access clinical or patient information;

c. use the Services to falsify, fabricate or improperly alter a clinical record, patient record, consent, prescription, referral, billing record, reimbursement submission or other healthcare record;

d. use notifications, automated alerts, artificial-intelligence-assisted outputs, transcriptions, summaries, draft documentation or similar functionality as an emergency medical service or as a substitute for emergency, urgent or time-critical care; or

e. represent an automated or AI-assisted output as independently verified where the output has not been appropriately reviewed when such review is required by the applicable Service instructions, agreement, professional obligations or applicable law.

The Services are not an emergency medical service. If emergency or urgent medical assistance is required, users should contact the appropriate emergency service or healthcare provider.

4. BETA, PILOT, PRE-RELEASE AND EVALUATION ENVIRONMENTS

Unless Physitrack expressly identifies an environment in writing as approved for production clinical use and all required contractual, privacy, security, implementation and compliance steps have been completed, any beta, pilot, preview, pre-release, sandbox, demonstration or evaluation environment must be used only for testing and evaluation.

In such an environment, you must not:

a. enter, upload, import, transmit, record, dictate, display, store or otherwise process real patient data or information relating to an actual identifiable person, including protected health information (“PHI”), individually identifiable health information, personal health information, personal data, Special Category Personal Data, sensitive information, consumer health data, clinical records, EMR records, live clinical data or production data;

b. use the environment for diagnosis, treatment, clinical decision-making, patient care, patient communications, emergency or urgent communications, legal medical recordkeeping, prescribing, billing, reimbursement, insurance claims, regulatory reporting or any other live clinical or production purpose;

c. connect the environment to a live or production system, dataset, patient record, clinical workflow or integration unless Physitrack has expressly authorised that connection;

d. upload or use test data derived from a real person where that data identifies, relates to, describes or could reasonably be used to identify or infer information about that person;

e. attempt to re-identify synthetic, dummy, anonymised, de-identified, demonstration or test data except where Physitrack has expressly authorised such activity for legitimate validation or security testing; or

f. disregard any beta, pilot, testing, security or implementation instruction provided by Physitrack.

Data used in these environments must be synthetic, dummy, anonymised or otherwise non-live test data that does not identify or reasonably permit identification of an actual patient or other natural person.

Beta, pilot, preview, pre-release, sandbox, demonstration and evaluation features may be incomplete, may contain errors or interruptions, and may be changed, restricted or withdrawn. They must not be relied upon for clinical care, emergency use, legal medical records, billing, reimbursement or production workflows unless Physitrack expressly states otherwise in writing.

5. INVESTIGATION AND ENFORCEMENT

Physitrack may take reasonable action to protect the Services, its customers, users, systems and third parties where it reasonably determines that activity may:

a. violate this Policy, an applicable agreement or applicable law;

b. expose Physitrack, a customer, user or third party to legal, regulatory, security or other material risk;

c. compromise or interfere with the security, integrity, availability or normal operation of the Services;

d. interfere with another user’s authorised use of the Services; or

e. create an imminent risk of harm.

Subject to applicable law and applicable contractual obligations, Physitrack may restrict, suspend or terminate access to the Services where reasonably necessary to address such conduct or risk.

Physitrack may also:

a. investigate suspected violations of this Policy;

b. restrict activity that Physitrack reasonably believes violates this Policy;

c. preserve information relating to suspected misuse where reasonably necessary for security, investigation, compliance or legal purposes; and

d. cooperate with law enforcement, regulators, courts or other competent authorities where required or permitted by applicable law.

You are responsible for misuse of your account resulting from your acts or omissions, including permitting another person to access or use your account in violation of this Policy.

Attempted violations of this Policy may be treated in the same manner as completed violations.

6. MISCELLANEOUS

Any failure by Physitrack to enforce a provision of this Policy will not constitute a waiver of that provision or any other right.

This Policy supplements, and does not replace, the applicable Terms of Service, End User Terms, Privacy Policy, Data Processing Agreement, Business Associate Agreement, beta or pilot terms, product instructions or other applicable agreement.

If there is a conflict between this Policy and a specific written agreement governing your use of a particular Service, the specific written agreement will control to the extent of that conflict.

If you are reading a translated version of this Policy, the English-language version will prevail to the extent permitted by applicable law.