Terms of Service

Terms of Service

Welcome to Hethena, a clinical decision support software platform. These Terms of Service (“Terms”) govern your use of the Hethena platform and services (“Hethena” or “the Service”) within Australia. By creating an account or using Hethena, you agree to these Terms. If you do not agree, you must not use the Service. We recommend that you read these Terms carefully. They are written in plain language for transparency and ease of understanding.


Important: Hethena is not a provider of medical advice, diagnosis, or treatment. The Service’s outputs (such as health insights or recommendations) are not medical advice and must always be reviewed and approved by a licensed healthcare professional before being acted upon. Do not rely on Hethena alone for clinical decisions.


No Emergency Use: Hethena is not intended for use in emergencies or life-threatening situations. In an emergency, do not use Hethena – call 000 or seek immediate medical attention.

Welcome to Hethena, a clinical decision support software platform. These Terms of Service (“Terms”) govern your use of the Hethena platform and services (“Hethena” or “the Service”) within Australia. By creating an account or using Hethena, you agree to these Terms. If you do not agree, you must not use the Service. We recommend that you read these Terms carefully. They are written in plain language for transparency and ease of understanding.


Important: Hethena is not a provider of medical advice, diagnosis, or treatment. The Service’s outputs (such as health insights or recommendations) are not medical advice and must always be reviewed and approved by a licensed healthcare professional before being acted upon. Do not rely on Hethena alone for clinical decisions.


No Emergency Use: Hethena is not intended for use in emergencies or life-threatening situations. In an emergency, do not use Hethena – call 000 or seek immediate medical attention.

1. Eligibility and Appropriate Use

1. Eligibility and Appropriate Use

1.1 Minimum Age: You must be at least 18 years old to create a Hethena account or use the Service. Hethena is not directed to minors. By using the Service, you affirm that you are 18 or older.


1.2 Healthcare Professional Use: Hethena is designed for use by qualified healthcare professionals (such as licensed doctors or other registered health practitioners) and their authorised staff in a clinical setting. If you are a healthcare provider, you are responsible for ensuring that your use of Hethena is within the scope of your professional practice and expertise. If you are not a licensed clinician, you should only use Hethena under the supervision or direction of a qualified healthcare provider.


1.3 Customer Use: Portions of the Service (for example, filling out a health intake questionnaire or viewing test results) may be accessible to customers or clients at the invitation of their healthcare provider. If you are a customer or other end-user, you must still be 18 or older, and you acknowledge that any information provided by Hethena is for informational support only and not a substitute for professional medical advice. Always consult your doctor or healthcare provider for interpretation of Hethena’s outputs and before making health decisions.


1.4 Compliance: You agree to use Hethena only for its intended purpose of supporting clinical decision-making and customer care. You will not use the Service for any unlawful, harmful, or inappropriate activities. You must follow all applicable laws and regulations, including medical privacy laws, when using Hethena. If you are a healthcare provider, this includes obtaining any necessary customer consents for use of Hethena and handling customer data in compliance with privacy obligations.

1.1 Minimum Age: You must be at least 18 years old to create a Hethena account or use the Service. Hethena is not directed to minors. By using the Service, you affirm that you are 18 or older.


1.2 Healthcare Professional Use: Hethena is designed for use by qualified healthcare professionals (such as licensed doctors or other registered health practitioners) and their authorised staff in a clinical setting. If you are a healthcare provider, you are responsible for ensuring that your use of Hethena is within the scope of your professional practice and expertise. If you are not a licensed clinician, you should only use Hethena under the supervision or direction of a qualified healthcare provider.


1.3 Customer Use: Portions of the Service (for example, filling out a health intake questionnaire or viewing test results) may be accessible to customers or clients at the invitation of their healthcare provider. If you are a customer or other end-user, you must still be 18 or older, and you acknowledge that any information provided by Hethena is for informational support only and not a substitute for professional medical advice. Always consult your doctor or healthcare provider for interpretation of Hethena’s outputs and before making health decisions.


1.4 Compliance: You agree to use Hethena only for its intended purpose of supporting clinical decision-making and customer care. You will not use the Service for any unlawful, harmful, or inappropriate activities. You must follow all applicable laws and regulations, including medical privacy laws, when using Hethena. If you are a healthcare provider, this includes obtaining any necessary customer consents for use of Hethena and handling customer data in compliance with privacy obligations.

2. Account Registration and Security

2. Account Registration and Security

2.1 Account Creation: To access Hethena’s features, you will need to create an account. You agree to provide accurate, current, and complete information during registration, including your real name, valid contact information, and (if you are a clinician) your professional credentials or affiliation as requested. You must keep your account information up-to-date.


2.2 Account Security: You are responsible for maintaining the confidentiality of your login credentials. Do not share your username or password with anyone. Hethena employs security measures such as encryption and may offer multi-factor authentication to help protect your account. You agree to use a strong, unique password and to enable any additional security features we provide (such as two-factor authentication) to safeguard your account.


2.3 Unauthorised Access: You must notify us immediately at our support contact (see Section 14.3) if you suspect any unauthorised access to or use of your account. You are responsible for all activities that occur under your account credentials. Hethena will not be liable for any loss or damage arising from your failure to secure your account.


2.4 One Account: Unless expressly permitted by Hethena, you may only create one account for yourself. If you are an organisation or clinic and require multiple user accounts for staff, we will provide a mechanism for that (such as individual sub-accounts under a clinic). Each user must have their own login; sharing a single account among multiple individuals is prohibited.


2.5 Account Ownership: Accounts are personal to the registering individual or entity. If you register on behalf of a clinic or healthcare practice, you represent that you have the authority to bind that entity to these Terms. An account may not be sold or transferred to another person without our prior written consent.

2.1 Account Creation: To access Hethena’s features, you will need to create an account. You agree to provide accurate, current, and complete information during registration, including your real name, valid contact information, and (if you are a clinician) your professional credentials or affiliation as requested. You must keep your account information up-to-date.


2.2 Account Security: You are responsible for maintaining the confidentiality of your login credentials. Do not share your username or password with anyone. Hethena employs security measures such as encryption and may offer multi-factor authentication to help protect your account. You agree to use a strong, unique password and to enable any additional security features we provide (such as two-factor authentication) to safeguard your account.


2.3 Unauthorised Access: You must notify us immediately at our support contact (see Section 14.3) if you suspect any unauthorised access to or use of your account. You are responsible for all activities that occur under your account credentials. Hethena will not be liable for any loss or damage arising from your failure to secure your account.


2.4 One Account: Unless expressly permitted by Hethena, you may only create one account for yourself. If you are an organisation or clinic and require multiple user accounts for staff, we will provide a mechanism for that (such as individual sub-accounts under a clinic). Each user must have their own login; sharing a single account among multiple individuals is prohibited.


2.5 Account Ownership: Accounts are personal to the registering individual or entity. If you register on behalf of a clinic or healthcare practice, you represent that you have the authority to bind that entity to these Terms. An account may not be sold or transferred to another person without our prior written consent.

3. Scope of Services

3. Scope of Services

3.1 Service Description: Hethena is a clinical decision support system (CDSS) intended to assist healthcare professionals in customer care. The Service can facilitate customer intake (for example, collecting medical history or symptom information), allow ordering of home diagnostic kits or scheduling of pathology (laboratory) tests through partner providers, integrate the results of those tests (including blood test results, wearable device data, and relevant medical record information), and generate preliminary reports or recommendations for health management. These outputs may include personalized wellness or treatment program suggestions, flags for potential health risks, and guidance based on clinical practice guidelines.


3.2 Support Tool Only:  Hethena supports clinicians’ decision-making; it does not replace it. The Service is intended only to provide or support recommendations to qualified health professionals regarding customer care and is not intended to independently diagnose, treat, or cure any condition. Hethena does not directly analyze or interpret medical images, scans, or signals from medical devices (such as x-rays, MRIs, ECGs, etc.) as part of its recommendations. Importantly, Hethena’s outputs are not meant to replace the clinical judgment of a healthcare professional. All final diagnoses, treatment decisions, and customer management steps are made by the healthcare professional**, who must review Hethena’s suggestions in light of their own expertise and the specific context of the customer.


3.3 Transparency and Referenceable Logic: Hethena’s recommendations are generated using evidence-based rules and sources (for example, well-accepted clinical guidelines, medical literature, and published research). The platform is designed to provide transparency in how recommendations are formed – wherever feasible, Hethena will show or cite the underlying rationale, guideline reference, or source data for its suggestions. This means clinicians using Hethena can review the basis of any recommendation (such as seeing which clinical guideline or study supports it) and verify it for themselves. Our goal is to make the logic clear and referenceable, so you can trust that outputs are grounded in reputable medical knowledge and you can explain them to customers or colleagues.


3.4 Professional Oversight: Use of Hethena requires professional oversight. If you are a clinician user, you agree that you will not rely solely on Hethena for customer care decisions and that you will exercise your own professional judgment in evaluating Hethena’s outputs. If you are a customer or lay user (e.g. accessing your own report), you understand that any information provided to you via Hethena has already been or will be reviewed by a licensed doctor. You should ask your doctor to explain any results or recommendations and should not self-interpret the data in a way that contradicts professional medical advice.


3.5 Third-Party Services: Some aspects of Hethena facilitate interactions with third-party services. For example, Hethena may help you schedule laboratory tests or order home diagnostic kits provided by third-party labs or suppliers, or it may integrate with wearable devices or electronic health record systems. Hethena is not responsible for the services, results, accuracy, or errors of any third-party providers. Third-party services (like labs or device platforms) are governed by those providers’ own terms and privacy policies. Hethena does not guarantee the availability or performance of any third-party service. Any tests or analyses performed by external labs are outside Hethena’s control, and we provide their results “as-is” from the source. We will, however, use reasonable care in transmitting your orders to such services and in incorporating their results into our platform.


3.6 Service Availability: We will strive to keep Hethena available and functioning reliably. However, Hethena is provided on an “as available” basis. We do not guarantee uninterrupted uptime. There may be occasional maintenance, updates, or technical issues that temporarily disrupt service. We will attempt to schedule maintenance during low-usage times and inform users of significant planned downtime.


3.7 Changes to Services: Hethena is an evolving platform. We may add, remove, or modify features from time to time. We will try to ensure that any changes enhance the Service and we will notify users of major changes that could affect how you use Hethena. If you have prepaid for a service and a change materially reduces that service, you may contact us regarding a possible refund or adjustment (see Section 6). Your continued use of Hethena after a change constitutes acceptance of the Service’s new scope or features.

3.1 Service Description: Hethena is a clinical decision support system (CDSS) intended to assist healthcare professionals in customer care. The Service can facilitate customer intake (for example, collecting medical history or symptom information), allow ordering of home diagnostic kits or scheduling of pathology (laboratory) tests through partner providers, integrate the results of those tests (including blood test results, wearable device data, and relevant medical record information), and generate preliminary reports or recommendations for health management. These outputs may include personalized wellness or treatment program suggestions, flags for potential health risks, and guidance based on clinical practice guidelines.


3.2 Support Tool Only:  Hethena supports clinicians’ decision-making; it does not replace it. The Service is intended only to provide or support recommendations to qualified health professionals regarding customer care and is not intended to independently diagnose, treat, or cure any condition. Hethena does not directly analyze or interpret medical images, scans, or signals from medical devices (such as x-rays, MRIs, ECGs, etc.) as part of its recommendations. Importantly, Hethena’s outputs are not meant to replace the clinical judgment of a healthcare professional. All final diagnoses, treatment decisions, and customer management steps are made by the healthcare professional**, who must review Hethena’s suggestions in light of their own expertise and the specific context of the customer.


3.3 Transparency and Referenceable Logic: Hethena’s recommendations are generated using evidence-based rules and sources (for example, well-accepted clinical guidelines, medical literature, and published research). The platform is designed to provide transparency in how recommendations are formed – wherever feasible, Hethena will show or cite the underlying rationale, guideline reference, or source data for its suggestions. This means clinicians using Hethena can review the basis of any recommendation (such as seeing which clinical guideline or study supports it) and verify it for themselves. Our goal is to make the logic clear and referenceable, so you can trust that outputs are grounded in reputable medical knowledge and you can explain them to customers or colleagues.


3.4 Professional Oversight: Use of Hethena requires professional oversight. If you are a clinician user, you agree that you will not rely solely on Hethena for customer care decisions and that you will exercise your own professional judgment in evaluating Hethena’s outputs. If you are a customer or lay user (e.g. accessing your own report), you understand that any information provided to you via Hethena has already been or will be reviewed by a licensed doctor. You should ask your doctor to explain any results or recommendations and should not self-interpret the data in a way that contradicts professional medical advice.


3.5 Third-Party Services: Some aspects of Hethena facilitate interactions with third-party services. For example, Hethena may help you schedule laboratory tests or order home diagnostic kits provided by third-party labs or suppliers, or it may integrate with wearable devices or electronic health record systems. Hethena is not responsible for the services, results, accuracy, or errors of any third-party providers. Third-party services (like labs or device platforms) are governed by those providers’ own terms and privacy policies. Hethena does not guarantee the availability or performance of any third-party service. Any tests or analyses performed by external labs are outside Hethena’s control, and we provide their results “as-is” from the source. We will, however, use reasonable care in transmitting your orders to such services and in incorporating their results into our platform.


3.6 Service Availability: We will strive to keep Hethena available and functioning reliably. However, Hethena is provided on an “as available” basis. We do not guarantee uninterrupted uptime. There may be occasional maintenance, updates, or technical issues that temporarily disrupt service. We will attempt to schedule maintenance during low-usage times and inform users of significant planned downtime.


3.7 Changes to Services: Hethena is an evolving platform. We may add, remove, or modify features from time to time. We will try to ensure that any changes enhance the Service and we will notify users of major changes that could affect how you use Hethena. If you have prepaid for a service and a change materially reduces that service, you may contact us regarding a possible refund or adjustment (see Section 6). Your continued use of Hethena after a change constitutes acceptance of the Service’s new scope or features.

4. Fees and Payment

4. Fees and Payment

4.1 Fees for Services: Using certain Hethena features or services may require payment of fees. Any applicable fees will be disclosed to you in advance (for example, on our website or within the app). Hethena currently operates on a one-time payment model for clinical services (rather than a recurring subscription). This means you might pay per report, per diagnostic kit, or per customer intake package, as specified for the service you select. There are no recurring or subscription charges unless explicitly stated and agreed to by you.


4.2 Pricing and Taxes: All prices are listed in Australian Dollars (AUD) and are inclusive of applicable taxes unless stated otherwise. We reserve the right to change our fees or introduce new fees in the future, but no fee change will apply retroactively to services you have already paid for. If Australian GST or other taxes apply, they will be handled according to Australian tax law, and any advertised price will indicate whether GST is included.


4.3 Payment Processing: Payments are processed through third-party payment processors, currently Stripe, Inc. When you make a payment, you will provide your payment details (such as credit card information) to Stripe through our Service. We do not store your full credit card information on our servers. Stripe handles your payment data in accordance with their security protocols. By paying for Hethena services, you agree to Stripe’s terms and conditions and privacy policy in addition to these Terms.


4.4 Payment Authorization: By providing a payment method, you represent and warrant that you are authorized to use the payment method and you authorize us (and our payment processor) to charge the full amount due for the services you purchase. If your payment method (e.g. a credit card) expires or is declined, you must provide a new eligible payment method to continue using the paid services. We are not responsible for any fees or charges your bank or card issuer may apply (such as foreign transaction fees if you use the Service outside Australia or from a non-Australian card).


4.5 Receipts: Upon successful payment, we will provide you with a receipt or confirmation (typically via email or within your account dashboard) detailing the service purchased and the amount charged. Please retain this for your records.


4.6 Errors and Inquiries: If you believe there has been an error in billing or you have questions about a charge, please contact our support team promptly. We will work with you in good faith to address any billing issues. Do not initiate a chargeback with your card issuer without giving us a chance to resolve the issue; unwarranted chargebacks may be contested by us.

4.1 Fees for Services: Using certain Hethena features or services may require payment of fees. Any applicable fees will be disclosed to you in advance (for example, on our website or within the app). Hethena currently operates on a one-time payment model for clinical services (rather than a recurring subscription). This means you might pay per report, per diagnostic kit, or per customer intake package, as specified for the service you select. There are no recurring or subscription charges unless explicitly stated and agreed to by you.


4.2 Pricing and Taxes: All prices are listed in Australian Dollars (AUD) and are inclusive of applicable taxes unless stated otherwise. We reserve the right to change our fees or introduce new fees in the future, but no fee change will apply retroactively to services you have already paid for. If Australian GST or other taxes apply, they will be handled according to Australian tax law, and any advertised price will indicate whether GST is included.


4.3 Payment Processing: Payments are processed through third-party payment processors, currently Stripe, Inc. When you make a payment, you will provide your payment details (such as credit card information) to Stripe through our Service. We do not store your full credit card information on our servers. Stripe handles your payment data in accordance with their security protocols. By paying for Hethena services, you agree to Stripe’s terms and conditions and privacy policy in addition to these Terms.


4.4 Payment Authorization: By providing a payment method, you represent and warrant that you are authorized to use the payment method and you authorize us (and our payment processor) to charge the full amount due for the services you purchase. If your payment method (e.g. a credit card) expires or is declined, you must provide a new eligible payment method to continue using the paid services. We are not responsible for any fees or charges your bank or card issuer may apply (such as foreign transaction fees if you use the Service outside Australia or from a non-Australian card).


4.5 Receipts: Upon successful payment, we will provide you with a receipt or confirmation (typically via email or within your account dashboard) detailing the service purchased and the amount charged. Please retain this for your records.


4.6 Errors and Inquiries: If you believe there has been an error in billing or you have questions about a charge, please contact our support team promptly. We will work with you in good faith to address any billing issues. Do not initiate a chargeback with your card issuer without giving us a chance to resolve the issue; unwarranted chargebacks may be contested by us.

5. Cancellation and Refund Policy

5. Cancellation and Refund Policy

5.1 Cancellation by You: You may cancel your use of Hethena services at any time. However, since Hethena’s fees are one-time payments for services often delivered promptly (for example, generating a report or shipping a test kit), cancellation may not entitle you to a refund once the service process has begun. If you decide you do not want to proceed with a service you’ve paid for, you should contact us immediately. If your cancellation request is received before we have commenced providing the service (e.g. before a kit has been shipped or before a report generation has started), we may, at our discretion, offer a full or partial refund.


5.2 No Refunds After Service Delivery: Except as required by law or explicitly stated in these Terms, fees are non-refundable once the service has been rendered. For example, if you ordered a pathology test and the sample has been collected and processed, or if a health report has been generated and delivered to you, we will generally not provide a refund simply because you changed your mind. We cannot “undo” a delivered medical service or reclaim costs incurred to provide it.


5.3 Service Issues: If you believe that a Hethena service you paid for was not provided as promised or was defective (for instance, if a test kit never arrived, or results were not delivered, or a report was not generated due to our error), please notify us. We will investigate the issue and, if Hethena is at fault, we will either re-perform the service at no additional cost or offer an appropriate refund or credit, at our discretion. We are committed to customer satisfaction and will comply with our obligations under Australian Consumer Law (see Section 11.3).


5.4 Subscription Cancellation (if applicable): If in the future Hethena offers subscription plans or recurring services, you will be provided with specific terms for those offerings, including how to cancel and what pro-rated refunds, if any, may apply. In the absence of such specific terms, our default policy is that you can cancel a subscription any time via your account settings, and you will continue to have access to the service until the end of the paid period (no new charges will be made, but already-paid fees for the current period are not refunded).


5.5 How to Request a Refund: To inquire about a refund or cancellation, please contact Hethena support through the contact methods provided on our website (such as support email or support ticket system). We may require you to provide information about the transaction (like date, amount, and reason for request) and we may ask for additional details to evaluate your request. Refunds, if approved, will be issued to the original payment method whenever possible. Please note that banks and credit card companies may take several days to process the refund credit.


5.6 Stripe Fees: Please be aware that when we process a refund, third-party payment processors (like Stripe) may not return their processing fees for the original transaction. If a refund is granted due to change of mind (and not due to our error), we reserve the right to refund the net amount after such non-recoverable processing fees, if any. We will inform you if any such deduction applies.


5.7 Australian Consumer Law: Nothing in this Cancellation and Refund Policy is intended to exclude, restrict, or modify rights which you may have under the Australian Consumer Law or other applicable laws. We highlight that under Australian Consumer Law, you may be entitled to a refund or remedy for services not delivered with due care and skill or that otherwise fail to meet consumer guarantees. Section 11.3 of these Terms further explains our commitments in this regard.

5.1 Cancellation by You: You may cancel your use of Hethena services at any time. However, since Hethena’s fees are one-time payments for services often delivered promptly (for example, generating a report or shipping a test kit), cancellation may not entitle you to a refund once the service process has begun. If you decide you do not want to proceed with a service you’ve paid for, you should contact us immediately. If your cancellation request is received before we have commenced providing the service (e.g. before a kit has been shipped or before a report generation has started), we may, at our discretion, offer a full or partial refund.


5.2 No Refunds After Service Delivery: Except as required by law or explicitly stated in these Terms, fees are non-refundable once the service has been rendered. For example, if you ordered a pathology test and the sample has been collected and processed, or if a health report has been generated and delivered to you, we will generally not provide a refund simply because you changed your mind. We cannot “undo” a delivered medical service or reclaim costs incurred to provide it.


5.3 Service Issues: If you believe that a Hethena service you paid for was not provided as promised or was defective (for instance, if a test kit never arrived, or results were not delivered, or a report was not generated due to our error), please notify us. We will investigate the issue and, if Hethena is at fault, we will either re-perform the service at no additional cost or offer an appropriate refund or credit, at our discretion. We are committed to customer satisfaction and will comply with our obligations under Australian Consumer Law (see Section 11.3).


5.4 Subscription Cancellation (if applicable): If in the future Hethena offers subscription plans or recurring services, you will be provided with specific terms for those offerings, including how to cancel and what pro-rated refunds, if any, may apply. In the absence of such specific terms, our default policy is that you can cancel a subscription any time via your account settings, and you will continue to have access to the service until the end of the paid period (no new charges will be made, but already-paid fees for the current period are not refunded).


5.5 How to Request a Refund: To inquire about a refund or cancellation, please contact Hethena support through the contact methods provided on our website (such as support email or support ticket system). We may require you to provide information about the transaction (like date, amount, and reason for request) and we may ask for additional details to evaluate your request. Refunds, if approved, will be issued to the original payment method whenever possible. Please note that banks and credit card companies may take several days to process the refund credit.


5.6 Stripe Fees: Please be aware that when we process a refund, third-party payment processors (like Stripe) may not return their processing fees for the original transaction. If a refund is granted due to change of mind (and not due to our error), we reserve the right to refund the net amount after such non-recoverable processing fees, if any. We will inform you if any such deduction applies.


5.7 Australian Consumer Law: Nothing in this Cancellation and Refund Policy is intended to exclude, restrict, or modify rights which you may have under the Australian Consumer Law or other applicable laws. We highlight that under Australian Consumer Law, you may be entitled to a refund or remedy for services not delivered with due care and skill or that otherwise fail to meet consumer guarantees. Section 11.3 of these Terms further explains our commitments in this regard.

6. Privacy and Security

6. Privacy and Security

6.1 Compliance with Privacy Laws: We take your privacy seriously. Hethena handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), as well as other applicable Australian privacy and health information laws. By using Hethena, you acknowledge that we will collect, use, and disclose personal information as described in these Terms and our Privacy Policy. Our Privacy Policy, available on our website, provides details on what data we collect and how we handle it. We encourage you to read it carefully.


6.2 Health Information: To provide the Service, Hethena may collect or process sensitive health information (for example, medical history, lab results, or other health data). We recognize that health information is considered “sensitive information” under Australian law and is subject to additional protections. We will only collect health information that is reasonably necessary to provide our service (or as otherwise permitted by law), and we will only use it for the purpose of delivering and improving Hethena’s services or as required by law. We will obtain your consent to collect this information from you, or we rely on your clinician having obtained your consent, as applicable by context.


6.3 Data Security Program: We implement a robust data security program to protect your information. Hethena’s security practices align with industry standards and frameworks for information security. In particular, we follow principles of the ISO/IEC 27001 information security management standard and adhere to the Australian Cyber Security Centre’s Essential Eight mitigation strategies for cybersecurity. These frameworks guide how we manage and secure data, including risk assessment, access controls, encryption, auditing, and incident response. Our systems are hosted on secure infrastructure (for example, within reputable cloud providers’ Australian data centers) and we use measures such as:

  • Encryption: All data is encrypted in transit (using TLS/HTTPS) and stored encrypted at rest on our servers.

  • Access Controls: Personal data is accessible only to authorised personnel who need it to perform their duties (for example, a treating doctor or our system administrators for maintenance), and even then on a least-privilege basis. We use role-based access controls and require strong authentication for our staff and clinician users (including multi-factor authentication where possible).

  • Security Monitoring: We employ logging and monitoring to track access and detect suspicious activities in our systems. Regular security audits and assessments (including code reviews, vulnerability scanning, and, at times, third-party penetration testing) are conducted to identify and address potential weaknesses.

  • Essential Eight Compliance: In line with the Australian government’s Essential Eight framework, we implement strategies like prompt application of security patches, application whitelisting where feasible, macros hardening, restriction of administrative privileges, daily backups, and tested recovery procedures. These steps help prevent cyber-attacks, limit their impact, and ensure we can recover data if an incident occurs[5][6].


6.4 ISO/IEC 27001: Hethena is working towards certification under ISO/IEC 27001, which is an internationally recognized standard for information security management. This means we maintain a systematic process for continually assessing risks and applying appropriate controls to protect information confidentiality, integrity, and availability. While certification is a rigorous process, our commitment is to uphold the standard’s requirements in our daily operations.


6.5 Essential Eight: The Essential Eight are a set of baseline cybersecurity strategies recommended by the Australian Cyber Security Centre to mitigate common cyber threats. Hethena has incorporated these strategies into our IT practices to the highest degree practical, and we regularly evaluate our maturity against this framework. For example, we limit administrator accounts and monitor their use, we ensure systems and software are updated with security patches, and we maintain secure backups of data to prepare for any possible data loss scenarios.


6.6 No Absolute Security: While we apply stringent security measures and best practices, no system is 100% secure. We cannot guarantee absolute security of data. However, we promise to take all reasonable steps to protect your personal information, and in the event of any data breach that compromises your personal data, we will notify affected users and authorities as required by law (such as under Australia’s Notifiable Data Breaches scheme).


6.7 User Security Responsibilities: You also have a role in keeping data secure. Please maintain the security of your account as described in Section 2. Do not share personal data through Hethena’s channels except as needed for the Service. If you download or export any reports or data from Hethena, you are responsible for protecting that copy (for instance, if you save a customer report to your computer, ensure it is stored safely). If you become aware of any security vulnerability or incident related to Hethena, you agree to inform us immediately so we can take action.


6.8 Privacy Questions: If you have any questions or concerns about how we handle your personal information, you can review our Privacy Policy or contact our Privacy Officer (contact information is provided in the Privacy Policy and Section 14.3 of these Terms). We appreciate your trust and will do our utmost to keep that trust by safeguarding your data.

6.1 Compliance with Privacy Laws: We take your privacy seriously. Hethena handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), as well as other applicable Australian privacy and health information laws. By using Hethena, you acknowledge that we will collect, use, and disclose personal information as described in these Terms and our Privacy Policy. Our Privacy Policy, available on our website, provides details on what data we collect and how we handle it. We encourage you to read it carefully.


6.2 Health Information: To provide the Service, Hethena may collect or process sensitive health information (for example, medical history, lab results, or other health data). We recognize that health information is considered “sensitive information” under Australian law and is subject to additional protections. We will only collect health information that is reasonably necessary to provide our service (or as otherwise permitted by law), and we will only use it for the purpose of delivering and improving Hethena’s services or as required by law. We will obtain your consent to collect this information from you, or we rely on your clinician having obtained your consent, as applicable by context.


6.3 Data Security Program: We implement a robust data security program to protect your information. Hethena’s security practices align with industry standards and frameworks for information security. In particular, we follow principles of the ISO/IEC 27001 information security management standard and adhere to the Australian Cyber Security Centre’s Essential Eight mitigation strategies for cybersecurity. These frameworks guide how we manage and secure data, including risk assessment, access controls, encryption, auditing, and incident response. Our systems are hosted on secure infrastructure (for example, within reputable cloud providers’ Australian data centers) and we use measures such as:

  • Encryption: All data is encrypted in transit (using TLS/HTTPS) and stored encrypted at rest on our servers.

  • Access Controls: Personal data is accessible only to authorised personnel who need it to perform their duties (for example, a treating doctor or our system administrators for maintenance), and even then on a least-privilege basis. We use role-based access controls and require strong authentication for our staff and clinician users (including multi-factor authentication where possible).

  • Security Monitoring: We employ logging and monitoring to track access and detect suspicious activities in our systems. Regular security audits and assessments (including code reviews, vulnerability scanning, and, at times, third-party penetration testing) are conducted to identify and address potential weaknesses.

  • Essential Eight Compliance: In line with the Australian government’s Essential Eight framework, we implement strategies like prompt application of security patches, application whitelisting where feasible, macros hardening, restriction of administrative privileges, daily backups, and tested recovery procedures. These steps help prevent cyber-attacks, limit their impact, and ensure we can recover data if an incident occurs[5][6].


6.4 ISO/IEC 27001: Hethena is working towards certification under ISO/IEC 27001, which is an internationally recognized standard for information security management. This means we maintain a systematic process for continually assessing risks and applying appropriate controls to protect information confidentiality, integrity, and availability. While certification is a rigorous process, our commitment is to uphold the standard’s requirements in our daily operations.


6.5 Essential Eight: The Essential Eight are a set of baseline cybersecurity strategies recommended by the Australian Cyber Security Centre to mitigate common cyber threats. Hethena has incorporated these strategies into our IT practices to the highest degree practical, and we regularly evaluate our maturity against this framework. For example, we limit administrator accounts and monitor their use, we ensure systems and software are updated with security patches, and we maintain secure backups of data to prepare for any possible data loss scenarios.


6.6 No Absolute Security: While we apply stringent security measures and best practices, no system is 100% secure. We cannot guarantee absolute security of data. However, we promise to take all reasonable steps to protect your personal information, and in the event of any data breach that compromises your personal data, we will notify affected users and authorities as required by law (such as under Australia’s Notifiable Data Breaches scheme).


6.7 User Security Responsibilities: You also have a role in keeping data secure. Please maintain the security of your account as described in Section 2. Do not share personal data through Hethena’s channels except as needed for the Service. If you download or export any reports or data from Hethena, you are responsible for protecting that copy (for instance, if you save a customer report to your computer, ensure it is stored safely). If you become aware of any security vulnerability or incident related to Hethena, you agree to inform us immediately so we can take action.


6.8 Privacy Questions: If you have any questions or concerns about how we handle your personal information, you can review our Privacy Policy or contact our Privacy Officer (contact information is provided in the Privacy Policy and Section 14.3 of these Terms). We appreciate your trust and will do our utmost to keep that trust by safeguarding your data.

7. Data Use, Storage, and User Rights

7. Data Use, Storage, and User Rights

7.1 Ownership of Data: You retain ownership of any data you input into Hethena or provide to us in the course of using the Service. For example, if you (or your customer) provide medical history information, lab results, or any other personal data, that data remains owned by you or the individual from whom it originated. Hethena does not claim ownership of your raw personal or customer information.


7.2 License to Use Data: In order to operate the Service, you grant Hethena a limited, worldwide, royalty-free license to use, reproduce, and process the data you provide solely for the purposes of: (a) providing the Hethena services to you and any end-users (for example, using the data to generate reports, perform analyses, or integrate with lab systems), (b) maintaining and improving the Service (such as troubleshooting issues, training algorithms with appropriate safeguards, or enhancing features), and (c) as otherwise required by law or permitted by these Terms. This license extends to trusted third-party contractors or subprocessors we utilize to deliver the Service (for instance, cloud hosting providers or lab integration services), but always in compliance with our privacy and security commitments. We will not use your personal data for any purpose unrelated to providing or improving Hethena without your consent.


7.3 Data Storage Location: Your data will be stored securely, primarily on servers located in Australia. We aim to store health data within Australia to comply with local regulations and keep data close to its source. In some cases, non-health personal data (like account information or support emails) may be stored or backed up on cloud infrastructure that could include overseas locations or service providers. However, we will not disclose personal information to overseas recipients except in compliance with APP 8 (Cross-border disclosure of personal information) – for example, we will ensure the recipient is subject to laws or contractual obligations upholding similar privacy protections, or we will seek your consent where required.


7.4 Data Retention: We will retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by law. Health records may be kept for a period consistent with medical record-keeping obligations (for example, under state law, health records are often kept for a minimum number of years). If you discontinue use of Hethena or request deletion of your data, we will take reasonable steps to delete or de-identify the personal information we hold about you, except to the extent we are required to retain it for legal, regulatory, or internal compliance purposes. (For example, we might retain transactional records for accounting, or minimal information to confirm that you had an account, for fraud prevention, etc.)


7.5 Anonymised Data for Research and Improvement: We recognize the value of medical data in advancing research and improving healthcare. Hethena may use de-identified and aggregated data for research, analytics, and product improvement. This means that after removing or irreversibly anonymising personal identifiers (so that the data is no longer about an identifiable individual), we may analyze data trends to improve our algorithms, publish insights about usage (for example, to understand how often certain recommendations are used), or contribute to scientific or clinical research. Any such use of data will not identify you or any individual customer. For clarity, de-identified data means information that is no longer reasonably capable of identifying a person, consistent with OAIC guidelines on de-identification. By using Hethena, you consent to our use of de-identified data for these purposes. If we ever wish to use identifiable health data for research that is outside the scope of providing the service, we will seek appropriate consent or ethics approval as required by law.


7.6 Data Access and Control: You have certain rights to access and control your personal data. For example, if you are an individual whose personal information is held in Hethena (such as a customer user), you have the right to request access to that information and to request corrections if it is inaccurate, in accordance with the Privacy Act and applicable law. If you wish to access or correct your data, you (or your healthcare provider who input the data) can contact us. We will respond to data access requests within a reasonable time. There may be exceptions in which we cannot provide certain data (for example, if giving access would unreasonably impact someone else’s privacy or if we are legally prevented from disclosing it), but we will inform you if any such exception applies.


7.7 User Responsibilities for Data: If you are a healthcare provider using Hethena, you are responsible for obtaining any necessary consents from customers to input their data into the platform and to use Hethena as part of their care. You should also ensure that any data you submit is accurate and that you have the right to provide it. You agree not to upload any personal information to Hethena that is not needed for the platform’s intended use (for example, don’t use Hethena to store unrelated personal files). If you inadvertently submit someone else’s personal information without authorization, you must inform us so we can delete it. You also agree that you will not use Hethena to store or share highly sensitive identifiers like government-issued IDs, credit card numbers, or other data outside of health context, except where specifically requested by the Service for identity verification or payment processing (which have their own protections).


7.8 Data Backup: We perform regular backups of data on the Hethena platform to prevent loss of information. In the event of any system failure or data corruption, we will strive to restore data from the latest backup. However, we encourage healthcare provider users to maintain their own copies or records of critical data (such as exporting customer reports or notes) as needed for their professional record-keeping, since Hethena is a supplemental tool and not an official medical records system of record. We are not liable for rare cases of data loss (see Section 11), but rest assured we follow best practices to minimize this risk, including off-site backups and redundancy in line with the Essential Eight strategies (daily backups and tested restoration).


7.9 Data Portability: If you choose to stop using Hethena and need your data, please contact us. We can assist in providing your data in a common format (for example, a CSV export of your input data or PDF copies of reports) where feasible, so that you can transition to an alternative solution. Some data (especially if de-identified or aggregated) may not be portable in a meaningful way, but we will do our best to accommodate reasonable requests.


7.10 Confidentiality: We consider your personal and health data confidential. Our staff and any partners are bound by confidentiality obligations. We will not disclose your identifiable information to any third party except as described in these Terms, our Privacy Policy, or with your explicit consent. Typical disclosures include: sharing necessary info with a lab to process a test (with your consent by using that feature), providing data to your healthcare provider if you are a customer user, or legal disclosures if required (see 7.11). We do not sell personal data to marketers or unrelated third parties.


7.11 Legal Compliance and Disclosures: We may disclose personal information if we are required to do so by law, court order, or regulatory requirement (for example, in response to a subpoena, or to report notifiable diseases or adverse events as mandated by health regulations). We may also disclose information if we believe in good faith that such disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. Where lawful and practical, we will attempt to notify you of such disclosures.

7.1 Ownership of Data: You retain ownership of any data you input into Hethena or provide to us in the course of using the Service. For example, if you (or your customer) provide medical history information, lab results, or any other personal data, that data remains owned by you or the individual from whom it originated. Hethena does not claim ownership of your raw personal or customer information.


7.2 License to Use Data: In order to operate the Service, you grant Hethena a limited, worldwide, royalty-free license to use, reproduce, and process the data you provide solely for the purposes of: (a) providing the Hethena services to you and any end-users (for example, using the data to generate reports, perform analyses, or integrate with lab systems), (b) maintaining and improving the Service (such as troubleshooting issues, training algorithms with appropriate safeguards, or enhancing features), and (c) as otherwise required by law or permitted by these Terms. This license extends to trusted third-party contractors or subprocessors we utilize to deliver the Service (for instance, cloud hosting providers or lab integration services), but always in compliance with our privacy and security commitments. We will not use your personal data for any purpose unrelated to providing or improving Hethena without your consent.


7.3 Data Storage Location: Your data will be stored securely, primarily on servers located in Australia. We aim to store health data within Australia to comply with local regulations and keep data close to its source. In some cases, non-health personal data (like account information or support emails) may be stored or backed up on cloud infrastructure that could include overseas locations or service providers. However, we will not disclose personal information to overseas recipients except in compliance with APP 8 (Cross-border disclosure of personal information) – for example, we will ensure the recipient is subject to laws or contractual obligations upholding similar privacy protections, or we will seek your consent where required.


7.4 Data Retention: We will retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by law. Health records may be kept for a period consistent with medical record-keeping obligations (for example, under state law, health records are often kept for a minimum number of years). If you discontinue use of Hethena or request deletion of your data, we will take reasonable steps to delete or de-identify the personal information we hold about you, except to the extent we are required to retain it for legal, regulatory, or internal compliance purposes. (For example, we might retain transactional records for accounting, or minimal information to confirm that you had an account, for fraud prevention, etc.)


7.5 Anonymised Data for Research and Improvement: We recognize the value of medical data in advancing research and improving healthcare. Hethena may use de-identified and aggregated data for research, analytics, and product improvement. This means that after removing or irreversibly anonymising personal identifiers (so that the data is no longer about an identifiable individual), we may analyze data trends to improve our algorithms, publish insights about usage (for example, to understand how often certain recommendations are used), or contribute to scientific or clinical research. Any such use of data will not identify you or any individual customer. For clarity, de-identified data means information that is no longer reasonably capable of identifying a person, consistent with OAIC guidelines on de-identification. By using Hethena, you consent to our use of de-identified data for these purposes. If we ever wish to use identifiable health data for research that is outside the scope of providing the service, we will seek appropriate consent or ethics approval as required by law.


7.6 Data Access and Control: You have certain rights to access and control your personal data. For example, if you are an individual whose personal information is held in Hethena (such as a customer user), you have the right to request access to that information and to request corrections if it is inaccurate, in accordance with the Privacy Act and applicable law. If you wish to access or correct your data, you (or your healthcare provider who input the data) can contact us. We will respond to data access requests within a reasonable time. There may be exceptions in which we cannot provide certain data (for example, if giving access would unreasonably impact someone else’s privacy or if we are legally prevented from disclosing it), but we will inform you if any such exception applies.


7.7 User Responsibilities for Data: If you are a healthcare provider using Hethena, you are responsible for obtaining any necessary consents from customers to input their data into the platform and to use Hethena as part of their care. You should also ensure that any data you submit is accurate and that you have the right to provide it. You agree not to upload any personal information to Hethena that is not needed for the platform’s intended use (for example, don’t use Hethena to store unrelated personal files). If you inadvertently submit someone else’s personal information without authorization, you must inform us so we can delete it. You also agree that you will not use Hethena to store or share highly sensitive identifiers like government-issued IDs, credit card numbers, or other data outside of health context, except where specifically requested by the Service for identity verification or payment processing (which have their own protections).


7.8 Data Backup: We perform regular backups of data on the Hethena platform to prevent loss of information. In the event of any system failure or data corruption, we will strive to restore data from the latest backup. However, we encourage healthcare provider users to maintain their own copies or records of critical data (such as exporting customer reports or notes) as needed for their professional record-keeping, since Hethena is a supplemental tool and not an official medical records system of record. We are not liable for rare cases of data loss (see Section 11), but rest assured we follow best practices to minimize this risk, including off-site backups and redundancy in line with the Essential Eight strategies (daily backups and tested restoration).


7.9 Data Portability: If you choose to stop using Hethena and need your data, please contact us. We can assist in providing your data in a common format (for example, a CSV export of your input data or PDF copies of reports) where feasible, so that you can transition to an alternative solution. Some data (especially if de-identified or aggregated) may not be portable in a meaningful way, but we will do our best to accommodate reasonable requests.


7.10 Confidentiality: We consider your personal and health data confidential. Our staff and any partners are bound by confidentiality obligations. We will not disclose your identifiable information to any third party except as described in these Terms, our Privacy Policy, or with your explicit consent. Typical disclosures include: sharing necessary info with a lab to process a test (with your consent by using that feature), providing data to your healthcare provider if you are a customer user, or legal disclosures if required (see 7.11). We do not sell personal data to marketers or unrelated third parties.


7.11 Legal Compliance and Disclosures: We may disclose personal information if we are required to do so by law, court order, or regulatory requirement (for example, in response to a subpoena, or to report notifiable diseases or adverse events as mandated by health regulations). We may also disclose information if we believe in good faith that such disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. Where lawful and practical, we will attempt to notify you of such disclosures.

8. Intellectual Property Rights

8. Intellectual Property Rights

8.1 Hethena Platform IP: The Hethena platform (including all software, algorithms, code, databases, user interface design, trademarks, logos, content, and the overall look-and-feel of the Service) is intellectual property owned by or licensed to Hethena (and its parent company or affiliates). All such elements are protected by intellectual property laws, including copyright, trademark, and patent laws. Hethena retains all ownership and intellectual property rights in and to the Service, including any enhancements or improvements made to it. Using Hethena does not transfer ownership of any of these rights to you.


8.2 License to Use Service: Subject to your compliance with these Terms, Hethena grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform and its outputs for your personal or internal business purposes (specifically, for clinical decision support and customer care). This license allows you, for example, to view and print reports generated by Hethena, or to use Hethena’s interface for managing your customer’s data, in the ordinary course of your medical practice or personal use. You may not resell, distribute, or publicly display any part of the Service or its outputs (other than sharing with the customer or other providers involved in that customer’s care, which is of course permissible and intended). If you wish to use Hethena in any way not permitted by this license, you must obtain our prior written consent.


8.3 Restrictions: You agree not to do (or attempt to do) any of the following:

  • Copy, modify, adapt, translate, or create derivative works based on Hethena’s software or content (except to the extent a component is expressly made available under an open license, if any).

  • Reverse engineer, decompile, or otherwise extract source code from the software, except to the limited extent allowed by law (and if you need information for interoperability, please contact us first).

  • Remove or alter any copyright, trademark, or proprietary notices on the platform or reports. For example, if a report generated by Hethena includes a Hethena logo or attribution, you should not remove that when sharing the report.

  • Use any automated system (like bots, scrapers) to access or extract data from Hethena without our permission. The only exception is that healthcare providers may use standard tools to download or print customer reports for record-keeping.

  • Use Hethena’s content or outputs to create a competing product or service, or use them in any manner that would infringe on our intellectual property rights or those of our licensors.


8.4 Feedback: We welcome feedback, suggestions, or ideas to improve Hethena (“Feedback”). If you choose to provide Feedback to us, you agree that we may use, implement, and exploit that Feedback in any way, without any restriction or obligation to you. For example, if you suggest a new feature or report format and we incorporate it, we will own that enhancement. You will not be entitled to any compensation for your Feedback, and we are not required to keep your Feedback confidential (so please do not submit confidential information in your suggestions). This does not affect your ownership of your own data or customer data, but the improvement ideas themselves can be used by us freely.


8.5 Third-Party IP: Some components of Hethena may include third-party software or content under license. For example, we may use open source libraries, or medical coding systems (like ICD codes, etc.), or integrate content from clinical guidelines. We respect intellectual property rights of third parties. If you believe that Hethena or any user of Hethena has violated your intellectual property rights (for example, by posting material that infringes copyright), please notify us with details, and we will investigate and respond in accordance with applicable law (such as by removing infringing content if confirmed).


8.6 Trademarks: “Hethena” and our logo are trademarks of our company. You agree not to use Hethena’s name or branding in a way that confuses others as to your relationship with Hethena or as to who is providing the Service. However, you may factually state (for example to customers or colleagues) that you use Hethena as a clinical decision support tool. If you wish to use our logo or name in any marketing or publication (say, for a case study or research paper), please get approval from us first.


8.7 Ownership of Output Logic: Hethena’s outputs (e.g., the recommendations, analysis, or program generated) are derived from our proprietary algorithms, knowledge base, and software logic. While the customer-specific data in an output is yours or your customer’s (as per 7.1), the format, structure, and method by which Hethena produces that output are part of Hethena’s intellectual property. For instance, if Hethena generates a unique care plan structure or phrasing, that structure/phrasing is our creation. As a user, you have a license to use the outputs for their intended medical purpose, but you do not acquire ownership of the underlying logic, templates, or algorithms used to produce those outputs. We reserve the right to use similar outputs or logic for other users, and you agree that you will not assert any claim that a Hethena-generated recommendation for you is unique to you such that it cannot be used generically (of course, identifiable customer information will not be reused inappropriately; this is just about the generic logic or text).


8.8 Reservation of Rights: All rights not expressly granted to you in these Terms are reserved by Hethena. If you violate these IP terms, your right to use Hethena may be terminated (see Section 13), and you may be liable for infringement or damages.

8.1 Hethena Platform IP: The Hethena platform (including all software, algorithms, code, databases, user interface design, trademarks, logos, content, and the overall look-and-feel of the Service) is intellectual property owned by or licensed to Hethena (and its parent company or affiliates). All such elements are protected by intellectual property laws, including copyright, trademark, and patent laws. Hethena retains all ownership and intellectual property rights in and to the Service, including any enhancements or improvements made to it. Using Hethena does not transfer ownership of any of these rights to you.


8.2 License to Use Service: Subject to your compliance with these Terms, Hethena grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform and its outputs for your personal or internal business purposes (specifically, for clinical decision support and customer care). This license allows you, for example, to view and print reports generated by Hethena, or to use Hethena’s interface for managing your customer’s data, in the ordinary course of your medical practice or personal use. You may not resell, distribute, or publicly display any part of the Service or its outputs (other than sharing with the customer or other providers involved in that customer’s care, which is of course permissible and intended). If you wish to use Hethena in any way not permitted by this license, you must obtain our prior written consent.


8.3 Restrictions: You agree not to do (or attempt to do) any of the following:

  • Copy, modify, adapt, translate, or create derivative works based on Hethena’s software or content (except to the extent a component is expressly made available under an open license, if any).

  • Reverse engineer, decompile, or otherwise extract source code from the software, except to the limited extent allowed by law (and if you need information for interoperability, please contact us first).

  • Remove or alter any copyright, trademark, or proprietary notices on the platform or reports. For example, if a report generated by Hethena includes a Hethena logo or attribution, you should not remove that when sharing the report.

  • Use any automated system (like bots, scrapers) to access or extract data from Hethena without our permission. The only exception is that healthcare providers may use standard tools to download or print customer reports for record-keeping.

  • Use Hethena’s content or outputs to create a competing product or service, or use them in any manner that would infringe on our intellectual property rights or those of our licensors.


8.4 Feedback: We welcome feedback, suggestions, or ideas to improve Hethena (“Feedback”). If you choose to provide Feedback to us, you agree that we may use, implement, and exploit that Feedback in any way, without any restriction or obligation to you. For example, if you suggest a new feature or report format and we incorporate it, we will own that enhancement. You will not be entitled to any compensation for your Feedback, and we are not required to keep your Feedback confidential (so please do not submit confidential information in your suggestions). This does not affect your ownership of your own data or customer data, but the improvement ideas themselves can be used by us freely.


8.5 Third-Party IP: Some components of Hethena may include third-party software or content under license. For example, we may use open source libraries, or medical coding systems (like ICD codes, etc.), or integrate content from clinical guidelines. We respect intellectual property rights of third parties. If you believe that Hethena or any user of Hethena has violated your intellectual property rights (for example, by posting material that infringes copyright), please notify us with details, and we will investigate and respond in accordance with applicable law (such as by removing infringing content if confirmed).


8.6 Trademarks: “Hethena” and our logo are trademarks of our company. You agree not to use Hethena’s name or branding in a way that confuses others as to your relationship with Hethena or as to who is providing the Service. However, you may factually state (for example to customers or colleagues) that you use Hethena as a clinical decision support tool. If you wish to use our logo or name in any marketing or publication (say, for a case study or research paper), please get approval from us first.


8.7 Ownership of Output Logic: Hethena’s outputs (e.g., the recommendations, analysis, or program generated) are derived from our proprietary algorithms, knowledge base, and software logic. While the customer-specific data in an output is yours or your customer’s (as per 7.1), the format, structure, and method by which Hethena produces that output are part of Hethena’s intellectual property. For instance, if Hethena generates a unique care plan structure or phrasing, that structure/phrasing is our creation. As a user, you have a license to use the outputs for their intended medical purpose, but you do not acquire ownership of the underlying logic, templates, or algorithms used to produce those outputs. We reserve the right to use similar outputs or logic for other users, and you agree that you will not assert any claim that a Hethena-generated recommendation for you is unique to you such that it cannot be used generically (of course, identifiable customer information will not be reused inappropriately; this is just about the generic logic or text).


8.8 Reservation of Rights: All rights not expressly granted to you in these Terms are reserved by Hethena. If you violate these IP terms, your right to use Hethena may be terminated (see Section 13), and you may be liable for infringement or damages.

9. Disclaimers

9. Disclaimers

9.1 No Medical Advice or Diagnosis: Hethena is not a medical practitioner and does not provide medical advice, diagnosis, or treatment. The Service is a tool for licensed professionals and informed users. Any health-related information or recommendations provided by Hethena are general in nature and are intended to support (not dictate) clinical decisions. They are not a substitute for the personalized judgment of a qualified healthcare provider. The licensed clinician is always responsible for evaluating and confirming any information from Hethena before relying on it for a customer’s care. If you are a customer using Hethena, you must consult your doctor or healthcare provider about any output and should not make medical decisions solely based on Hethena’s information. We expressly disclaim any warranty or representation that use of the Service will directly result in health improvement or accurate diagnoses – those outcomes depend on professional interpretation and many factors beyond our control.


9.2 Australian TGA Classification: Hethena is intended to meet the criteria for exempt Clinical Decision Support Software as set by the Therapeutic Goods Administration (TGA) in Australia. This means Hethena is a low-risk tool that supports clinical decision-making without replacing it, and does not perform functions like interpreting medical device data or making autonomous diagnoses. While this status means Hethena is not required to be included in the Australian Register of Therapeutic Goods, we emphasize that exemption from regulation is based on the assumption of clinician oversight and low risk. We have designed Hethena carefully to fit within that exemption (for example, by ensuring transparency of logic and clear professional oversight requirements), and by using the Service you acknowledge these characteristics. We make no other warranty regarding regulatory approvals or fitness for any particular regulatory environment.


9.3 Service “As Is”: Hethena is provided “as is” and “as available”. While we strive for high quality, we cannot guarantee that the Service will be perfect or error-free. Medical knowledge and guidelines can change over time, and while we aim to keep our knowledge base updated, Hethena’s content might not always reflect the very latest research or every individual customer scenario. You acknowledge that any reliance on the Service’s information is at your own risk and subject to the verification by qualified professionals. We do not warrant that Hethena will meet all of your expectations or that it will achieve any specific results.


9.4 No Warranty: To the fullest extent permitted by law, Hethena disclaims all warranties, representations, or conditions of any kind, either express or implied, with respect to the Service. This includes implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties that might arise from a course of dealing or usage of trade. For example, we do not guarantee that the Service will always be available, that it will be free from viruses or other harmful components, or that any results or outputs will be accurate, complete, or useful for your specific needs. We do not warrant that any third-party data (like lab results) integrated into our platform is correct or that the transmission of data will always be secure or timely.


9.5 Clinical Use Caution: You understand that using a tool like Hethena in clinical practice requires prudent clinical judgment. Always review automated recommendations. If Hethena suggests something that conflicts with your clinical evaluation or other information, you should rely on your professional judgment and/or seek a second opinion. The Service is not a replacement for necessary training, experience, or customer assessment. We disclaim responsibility for how you apply the information from Hethena. If you choose to override your own judgment based on a Hethena suggestion (which we do not recommend doing without thorough consideration), you do so assuming full responsibility.


9.6 Not for Critical Real-Time Use: Hethena is not designed for real-time monitoring of vital systems or any use where a failure or delay could directly result in harm. For example, it’s not an emergency alarm system, not a substitute for continuous customer monitoring devices, and not meant to make time-critical decisions (like those needed in an ER or ICU without immediate human validation). Any time-sensitive actions should not rely on Hethena.


9.7 External Links and Resources: The platform may provide links or references to external websites, guidelines, or resources (for instance, a link to a clinical guideline or literature that supports a recommendation). These are provided for convenience and reference. Hethena does not endorse or assume responsibility for content on external sites. Use of any third-party website or resource is subject to that third party’s terms and privacy policy. We make no warranty about the accuracy or reliability of any external information, even if Hethena cites it.


9.8 Technological Limitations: You acknowledge that no software is perfect. Hethena’s performance may be affected by factors such as internet connectivity, device compatibility, and user-provided data quality. We disclaim liability for any issues arising from technical limitations beyond our reasonable control – for instance, if an internet outage or a user’s outdated web browser causes the Service to malfunction.


9.9 Professional Independence: We do not practice medicine or any other licensed profession, and we do not interfere with professionals’ judgment. Hethena’s role is advisory. You (the user) are solely responsible for any decisions or actions taken (or not taken) based on the Service’s outputs. This includes responsibility for complying with all legal, ethical, and professional obligations in the healthcare context, such as obtaining informed consent, maintaining customer records, and providing appropriate follow-up care. Hethena cannot be cited as the “decision-maker” for any clinical action; it is a supporting resource.


9.10 Consumer Guarantees: In Australia, you have statutory guarantees under the Australian Consumer Law which cannot be excluded. Nothing in these Terms excludes those non-excludable guarantees and rights. However, where we are allowed to limit a remedy for a breach of such a guarantee (for example, for services that are not of a kind ordinarily acquired for personal, domestic, or household use), we elect to do so as set out in Section 11.3 below. This means we still stand behind the basic quality of our service as required by law, but we clarify how remedies are provided.

9.1 No Medical Advice or Diagnosis: Hethena is not a medical practitioner and does not provide medical advice, diagnosis, or treatment. The Service is a tool for licensed professionals and informed users. Any health-related information or recommendations provided by Hethena are general in nature and are intended to support (not dictate) clinical decisions. They are not a substitute for the personalized judgment of a qualified healthcare provider. The licensed clinician is always responsible for evaluating and confirming any information from Hethena before relying on it for a customer’s care. If you are a customer using Hethena, you must consult your doctor or healthcare provider about any output and should not make medical decisions solely based on Hethena’s information. We expressly disclaim any warranty or representation that use of the Service will directly result in health improvement or accurate diagnoses – those outcomes depend on professional interpretation and many factors beyond our control.


9.2 Australian TGA Classification: Hethena is intended to meet the criteria for exempt Clinical Decision Support Software as set by the Therapeutic Goods Administration (TGA) in Australia. This means Hethena is a low-risk tool that supports clinical decision-making without replacing it, and does not perform functions like interpreting medical device data or making autonomous diagnoses. While this status means Hethena is not required to be included in the Australian Register of Therapeutic Goods, we emphasize that exemption from regulation is based on the assumption of clinician oversight and low risk. We have designed Hethena carefully to fit within that exemption (for example, by ensuring transparency of logic and clear professional oversight requirements), and by using the Service you acknowledge these characteristics. We make no other warranty regarding regulatory approvals or fitness for any particular regulatory environment.


9.3 Service “As Is”: Hethena is provided “as is” and “as available”. While we strive for high quality, we cannot guarantee that the Service will be perfect or error-free. Medical knowledge and guidelines can change over time, and while we aim to keep our knowledge base updated, Hethena’s content might not always reflect the very latest research or every individual customer scenario. You acknowledge that any reliance on the Service’s information is at your own risk and subject to the verification by qualified professionals. We do not warrant that Hethena will meet all of your expectations or that it will achieve any specific results.


9.4 No Warranty: To the fullest extent permitted by law, Hethena disclaims all warranties, representations, or conditions of any kind, either express or implied, with respect to the Service. This includes implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties that might arise from a course of dealing or usage of trade. For example, we do not guarantee that the Service will always be available, that it will be free from viruses or other harmful components, or that any results or outputs will be accurate, complete, or useful for your specific needs. We do not warrant that any third-party data (like lab results) integrated into our platform is correct or that the transmission of data will always be secure or timely.


9.5 Clinical Use Caution: You understand that using a tool like Hethena in clinical practice requires prudent clinical judgment. Always review automated recommendations. If Hethena suggests something that conflicts with your clinical evaluation or other information, you should rely on your professional judgment and/or seek a second opinion. The Service is not a replacement for necessary training, experience, or customer assessment. We disclaim responsibility for how you apply the information from Hethena. If you choose to override your own judgment based on a Hethena suggestion (which we do not recommend doing without thorough consideration), you do so assuming full responsibility.


9.6 Not for Critical Real-Time Use: Hethena is not designed for real-time monitoring of vital systems or any use where a failure or delay could directly result in harm. For example, it’s not an emergency alarm system, not a substitute for continuous customer monitoring devices, and not meant to make time-critical decisions (like those needed in an ER or ICU without immediate human validation). Any time-sensitive actions should not rely on Hethena.


9.7 External Links and Resources: The platform may provide links or references to external websites, guidelines, or resources (for instance, a link to a clinical guideline or literature that supports a recommendation). These are provided for convenience and reference. Hethena does not endorse or assume responsibility for content on external sites. Use of any third-party website or resource is subject to that third party’s terms and privacy policy. We make no warranty about the accuracy or reliability of any external information, even if Hethena cites it.


9.8 Technological Limitations: You acknowledge that no software is perfect. Hethena’s performance may be affected by factors such as internet connectivity, device compatibility, and user-provided data quality. We disclaim liability for any issues arising from technical limitations beyond our reasonable control – for instance, if an internet outage or a user’s outdated web browser causes the Service to malfunction.


9.9 Professional Independence: We do not practice medicine or any other licensed profession, and we do not interfere with professionals’ judgment. Hethena’s role is advisory. You (the user) are solely responsible for any decisions or actions taken (or not taken) based on the Service’s outputs. This includes responsibility for complying with all legal, ethical, and professional obligations in the healthcare context, such as obtaining informed consent, maintaining customer records, and providing appropriate follow-up care. Hethena cannot be cited as the “decision-maker” for any clinical action; it is a supporting resource.


9.10 Consumer Guarantees: In Australia, you have statutory guarantees under the Australian Consumer Law which cannot be excluded. Nothing in these Terms excludes those non-excludable guarantees and rights. However, where we are allowed to limit a remedy for a breach of such a guarantee (for example, for services that are not of a kind ordinarily acquired for personal, domestic, or household use), we elect to do so as set out in Section 11.3 below. This means we still stand behind the basic quality of our service as required by law, but we clarify how remedies are provided.

10. Limitation of Liability

10. Limitation of Liability

10.1 Limit on Types of Damages: To the extent permitted by law, Hethena and its officers, employees, agents, suppliers, or affiliates will not be liable to you for any indirect, incidental, special, consequential, or exemplary damages. This includes, for example, damages for loss of profits or revenue, loss of data, loss of goodwill, business interruption, or the cost of obtaining substitute services. We will not be liable for any loss or damage that was not reasonably foreseeable or that is not caused by our breach of these Terms.


10.2 Cap on Liability: To the extent permitted by law, Hethena’s total aggregate liability for all claims arising from or related to the Service or these Terms is limited to the amount you paid us for the use of the Service in the 12 months immediately preceding the event giving rise to the liability. For example, if you paid AUD $500 in one-time fees in the last year, our maximum potential liability to you for all claims would be $500. If you have not made any payments (for instance, using a free version), then our liability is limited to AUD $0 (zero). This limitation applies to all causes of action in the aggregate (whether in contract, tort (including negligence), statute, indemnity, or otherwise).


10.3 Australian Consumer Law Exceptions: Important: Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy that you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or other applicable laws that cannot be excluded. If those laws apply to you and they provide for remedies that cannot be excluded, then notwithstanding any contrary clause in these Terms, you may have rights that override the above limitations. For instance, under Australian Consumer Law, services come with guarantees that, if breached, may entitle you to a re-supply or a refund. To the extent we are permitted under Australian law to limit our liability for breach of such guarantees, our liability is limited (at our option) to either re-supplying the services to you or paying the cost of having the services supplied again[10]. This Section 10.3 will prevail over any inconsistent provision elsewhere in these Terms.


10.4 No Liability for Clinical Outcomes: You agree that Hethena is not liable for any injury, harm, or adverse outcome for customers or users that might arise from use of the Service. The responsibility for customer care lies fully with the treating healthcare providers. If a recommendation provided by Hethena is incorrect, incomplete, or misinterpreted, and this leads to an adverse outcome, you acknowledge that it is the provider’s duty to have caught such issues through standard of care practices. Hethena is not practicing medicine and thus cannot be sued for medical malpractice; any claim that a customer was harmed due to reliance on Hethena’s information will be treated as a claim against the provider’s use of a tool, not against the tool’s provider (to the maximum extent allowed by law). Users agree not to hold Hethena responsible for professional liability claims.


10.5 Third-Party Actions: Hethena will not be liable for any delays or failures in performance resulting from events or circumstances beyond our reasonable control (force majeure events). Additionally, we are not liable for the acts or omissions of third parties, such as:

  • Laboratory or Diagnostic Services: If a partner lab fails to perform a test correctly or reports incorrect results, our liability for the consequences of that is excluded; the lab is responsible for their service. We will, however, assist you in addressing any such issues with the lab.

  • Connectivity Providers: We aren’t liable if an internet service provider’s issues or a cloud hosting outage causes downtime.

  • User Equipment or Environment: We are not responsible for any damage to your computer system or device or for loss of data that results from your use of the Service (for example, due to viruses, provided we did not willfully introduce them). Use of the Service is at your own risk with respect to hardware and system configurations.


10.6 Reliance on Information: Any reliance you place on information obtained through Hethena is strictly at your own risk. While we aim for accuracy, medicine is complex and Hethena does not guarantee outcomes. You agree that you use the information provided as one input among many, and you release us from liability for decisions you make as a result of information obtained from the Service. If you are unsatisfied with the Service, your remedy is to stop using it and, if applicable, seek a refund where our policies or law permit (as described in Section 5).


10.7 Aggregate Data Use: We sometimes use aggregate data to provide insights (for example, to show average ranges or comparative analytics). We shall not be liable for how you interpret or use any aggregate or benchmark data provided. Those are for informational purposes and not customer-specific.


10.8 Consequential Loss (for Businesses): If you are using Hethena in a business capacity (not as a personal consumer), then to the extent permitted by law, we specifically exclude liability for any consequential losses or damages you might incur in that business (such as loss of business profits, business interruption, or loss of business data). This is in line with typical business-to-business risk allocations and is separate from any consumer rights which might not apply if you are not a consumer.


10.9 Interpretation: The limitations and exclusions of liability in this Section 10 apply to the fullest extent permitted by law, whether liability arises from breach of contract, tort (including negligence), breach of statutory duty, or otherwise. Some jurisdictions do not allow certain exclusions or limitations (for example, in some cases of negligence or where a statutory guarantee is in place). In such jurisdictions, some of the above limitations may not apply to you, and in that case our liability will be limited to the maximum extent permitted by law.

10.1 Limit on Types of Damages: To the extent permitted by law, Hethena and its officers, employees, agents, suppliers, or affiliates will not be liable to you for any indirect, incidental, special, consequential, or exemplary damages. This includes, for example, damages for loss of profits or revenue, loss of data, loss of goodwill, business interruption, or the cost of obtaining substitute services. We will not be liable for any loss or damage that was not reasonably foreseeable or that is not caused by our breach of these Terms.


10.2 Cap on Liability: To the extent permitted by law, Hethena’s total aggregate liability for all claims arising from or related to the Service or these Terms is limited to the amount you paid us for the use of the Service in the 12 months immediately preceding the event giving rise to the liability. For example, if you paid AUD $500 in one-time fees in the last year, our maximum potential liability to you for all claims would be $500. If you have not made any payments (for instance, using a free version), then our liability is limited to AUD $0 (zero). This limitation applies to all causes of action in the aggregate (whether in contract, tort (including negligence), statute, indemnity, or otherwise).


10.3 Australian Consumer Law Exceptions: Important: Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy that you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or other applicable laws that cannot be excluded. If those laws apply to you and they provide for remedies that cannot be excluded, then notwithstanding any contrary clause in these Terms, you may have rights that override the above limitations. For instance, under Australian Consumer Law, services come with guarantees that, if breached, may entitle you to a re-supply or a refund. To the extent we are permitted under Australian law to limit our liability for breach of such guarantees, our liability is limited (at our option) to either re-supplying the services to you or paying the cost of having the services supplied again[10]. This Section 10.3 will prevail over any inconsistent provision elsewhere in these Terms.


10.4 No Liability for Clinical Outcomes: You agree that Hethena is not liable for any injury, harm, or adverse outcome for customers or users that might arise from use of the Service. The responsibility for customer care lies fully with the treating healthcare providers. If a recommendation provided by Hethena is incorrect, incomplete, or misinterpreted, and this leads to an adverse outcome, you acknowledge that it is the provider’s duty to have caught such issues through standard of care practices. Hethena is not practicing medicine and thus cannot be sued for medical malpractice; any claim that a customer was harmed due to reliance on Hethena’s information will be treated as a claim against the provider’s use of a tool, not against the tool’s provider (to the maximum extent allowed by law). Users agree not to hold Hethena responsible for professional liability claims.


10.5 Third-Party Actions: Hethena will not be liable for any delays or failures in performance resulting from events or circumstances beyond our reasonable control (force majeure events). Additionally, we are not liable for the acts or omissions of third parties, such as:

  • Laboratory or Diagnostic Services: If a partner lab fails to perform a test correctly or reports incorrect results, our liability for the consequences of that is excluded; the lab is responsible for their service. We will, however, assist you in addressing any such issues with the lab.

  • Connectivity Providers: We aren’t liable if an internet service provider’s issues or a cloud hosting outage causes downtime.

  • User Equipment or Environment: We are not responsible for any damage to your computer system or device or for loss of data that results from your use of the Service (for example, due to viruses, provided we did not willfully introduce them). Use of the Service is at your own risk with respect to hardware and system configurations.


10.6 Reliance on Information: Any reliance you place on information obtained through Hethena is strictly at your own risk. While we aim for accuracy, medicine is complex and Hethena does not guarantee outcomes. You agree that you use the information provided as one input among many, and you release us from liability for decisions you make as a result of information obtained from the Service. If you are unsatisfied with the Service, your remedy is to stop using it and, if applicable, seek a refund where our policies or law permit (as described in Section 5).


10.7 Aggregate Data Use: We sometimes use aggregate data to provide insights (for example, to show average ranges or comparative analytics). We shall not be liable for how you interpret or use any aggregate or benchmark data provided. Those are for informational purposes and not customer-specific.


10.8 Consequential Loss (for Businesses): If you are using Hethena in a business capacity (not as a personal consumer), then to the extent permitted by law, we specifically exclude liability for any consequential losses or damages you might incur in that business (such as loss of business profits, business interruption, or loss of business data). This is in line with typical business-to-business risk allocations and is separate from any consumer rights which might not apply if you are not a consumer.


10.9 Interpretation: The limitations and exclusions of liability in this Section 10 apply to the fullest extent permitted by law, whether liability arises from breach of contract, tort (including negligence), breach of statutory duty, or otherwise. Some jurisdictions do not allow certain exclusions or limitations (for example, in some cases of negligence or where a statutory guarantee is in place). In such jurisdictions, some of the above limitations may not apply to you, and in that case our liability will be limited to the maximum extent permitted by law.

11. Indemnification

11. Indemnification

11.1 Your Indemnity to Us: You agree to indemnify, defend, and hold harmless Hethena and its affiliates, officers, directors, employees, and agents from and against any and all losses, liabilities, claims, demands, damages, costs, or expenses (including reasonable legal fees) arising out of or related to:

  • Your Breach: Your violation of any provision of these Terms. For example, if you use Hethena in a way that violates Section 8 (Intellectual Property) by copying our content unlawfully, and that leads to a claim against us, you must indemnify us.

  • Your Misuse of the Service: This includes using Hethena for purposes other than its intended use, or using it in violation of applicable laws or regulations. If you use Hethena to do something illegal or in a way that harms someone, and we get sued or investigated as a result, you will cover our costs.

  • Your Clinical Decisions: Any clinical or health-related decisions or actions you take (or fail to take) based on information from Hethena. For instance, if you are a clinician and a customer brings a claim against Hethena (the company) alleging an injury due to your treatment decision, you agree to indemnify us for that claim. We are not responsible for practicing medicine – you are. So you will step in to defend us if a claim wrongly tries to hold Hethena liable for what was in fact your professional decision or oversight.

  • Data You Provide: Any data or content you input or upload into Hethena (for example, information about a customer, or a file attachment) that infringes someone’s rights or causes harm. If you upload something you shouldn’t (like an image you have no rights to, or personal data without consent) and it results in a privacy complaint, intellectual property infringement claim, or other damage, you agree to indemnify us for the consequences.

  • Third-Party Agreements: Your relationships with third-party providers accessed through Hethena. For instance, if you schedule a lab test through Hethena and then fail to pay the lab or otherwise breach their terms and they pursue us as facilitator, you will indemnify us.


11.2 Indemnification Process: If we are faced with a legal claim or government inquiry that is subject to your indemnification, we will notify you promptly and provide you with the information we have about the claim. You will then defend the claim (using counsel reasonably acceptable to us) or settle it, as appropriate. We have the right to participate in the defense (at our own cost) and to approve any settlement that imposes any obligation on Hethena (however, you may not settle any claim in a way that imposes liability or admission of fault on us without our prior written consent). If you fail to take timely action to defend a claim after reasonable notice from us, we may assume the defense at your expense and seek reimbursement from you. Your obligations under this indemnity are continuous and not limited by any termination of these Terms.


11.3 Healthcare Provider Insurance: We strongly recommend that any healthcare provider using Hethena maintains appropriate professional indemnity insurance and cyber liability insurance. The existence of this Section 11 (indemnity) does not reduce any insurance obligations or coverage you should have. Your indemnification of Hethena should be supported by insurance where possible.


11.4 Limitation: The indemnity in Section 11.1 will not apply to the extent a claim is caused by our own breach of these Terms or wrongful conduct. If Hethena is found legally at fault for something on our end, we would be responsible for that portion. But if a claim is partly our fault and partly yours, the indemnity would apply proportionally to your share.


11.5 Continuing Obligations: The obligations in this Section survive any termination of these Terms or your use of Hethena. In plain terms, even if you stop using Hethena, if a claim later arises from your time using it, you could still be obligated to indemnify us.

11.1 Your Indemnity to Us: You agree to indemnify, defend, and hold harmless Hethena and its affiliates, officers, directors, employees, and agents from and against any and all losses, liabilities, claims, demands, damages, costs, or expenses (including reasonable legal fees) arising out of or related to:

  • Your Breach: Your violation of any provision of these Terms. For example, if you use Hethena in a way that violates Section 8 (Intellectual Property) by copying our content unlawfully, and that leads to a claim against us, you must indemnify us.

  • Your Misuse of the Service: This includes using Hethena for purposes other than its intended use, or using it in violation of applicable laws or regulations. If you use Hethena to do something illegal or in a way that harms someone, and we get sued or investigated as a result, you will cover our costs.

  • Your Clinical Decisions: Any clinical or health-related decisions or actions you take (or fail to take) based on information from Hethena. For instance, if you are a clinician and a customer brings a claim against Hethena (the company) alleging an injury due to your treatment decision, you agree to indemnify us for that claim. We are not responsible for practicing medicine – you are. So you will step in to defend us if a claim wrongly tries to hold Hethena liable for what was in fact your professional decision or oversight.

  • Data You Provide: Any data or content you input or upload into Hethena (for example, information about a customer, or a file attachment) that infringes someone’s rights or causes harm. If you upload something you shouldn’t (like an image you have no rights to, or personal data without consent) and it results in a privacy complaint, intellectual property infringement claim, or other damage, you agree to indemnify us for the consequences.

  • Third-Party Agreements: Your relationships with third-party providers accessed through Hethena. For instance, if you schedule a lab test through Hethena and then fail to pay the lab or otherwise breach their terms and they pursue us as facilitator, you will indemnify us.


11.2 Indemnification Process: If we are faced with a legal claim or government inquiry that is subject to your indemnification, we will notify you promptly and provide you with the information we have about the claim. You will then defend the claim (using counsel reasonably acceptable to us) or settle it, as appropriate. We have the right to participate in the defense (at our own cost) and to approve any settlement that imposes any obligation on Hethena (however, you may not settle any claim in a way that imposes liability or admission of fault on us without our prior written consent). If you fail to take timely action to defend a claim after reasonable notice from us, we may assume the defense at your expense and seek reimbursement from you. Your obligations under this indemnity are continuous and not limited by any termination of these Terms.


11.3 Healthcare Provider Insurance: We strongly recommend that any healthcare provider using Hethena maintains appropriate professional indemnity insurance and cyber liability insurance. The existence of this Section 11 (indemnity) does not reduce any insurance obligations or coverage you should have. Your indemnification of Hethena should be supported by insurance where possible.


11.4 Limitation: The indemnity in Section 11.1 will not apply to the extent a claim is caused by our own breach of these Terms or wrongful conduct. If Hethena is found legally at fault for something on our end, we would be responsible for that portion. But if a claim is partly our fault and partly yours, the indemnity would apply proportionally to your share.


11.5 Continuing Obligations: The obligations in this Section survive any termination of these Terms or your use of Hethena. In plain terms, even if you stop using Hethena, if a claim later arises from your time using it, you could still be obligated to indemnify us.

12. Termination

12. Termination

12.1 By User (You): You may stop using Hethena and terminate your account at any time for any reason. You can do this, for example, by contacting us to request account deletion or by using any self-service account closure function we provide. Terminating your account will end your access to the Service’s features. If you simply stop using Hethena without explicitly deleting your account, we may contact you after a period of inactivity to confirm if you wish to maintain the account. Please note that termination by you does not automatically entitle you to any refund of fees paid (see Section 5 for the refund policy).


12.2 By Hethena: We reserve the right to suspend or terminate your access to the Service (or certain features of the Service) at our discretion, with or without notice, if we believe: (a) you have violated any provision of these Terms, (b) you are using the Service in a manner that could cause harm or legal liability to Hethena or any other person, (c) we are required to do so by law (for example, if providing the Service to you becomes unlawful), or (d) we decide to discontinue the Service entirely (for all users). We will act reasonably in exercising this right – for example, in most cases of a curable breach, we will attempt to provide you with a warning and an opportunity to fix the issue before terminating. In severe cases (like malicious misuse or clear illegal activity), suspension or termination may be immediate.


12.3 Effect of Termination: Upon termination of your account for any reason:

  • Your right to access or use the Hethena platform will immediately cease. You must stop using the Service and any applicable licences granted to you will end.

  • We will retain your data for a period as required or permitted under Section 7 (Data Use and Storage). After that, we will delete or de-identify personal information in accordance with our data retention policy. If you need to retrieve any data before deletion, please let us know. We are not obligated to retain your data (other than as required by law) after account termination.

  • Any accrued rights or liabilities up to the date of termination (such as any payment obligations, or liabilities for breach of terms, or indemnity obligations) will survive. Termination does not excuse you from any liability you incurred prior to termination.

  • Sections of these Terms that by their nature should survive termination (such as indemnities, limitations of liability, intellectual property provisions regarding use of outputs, and governing law) will continue to apply.


12.4 Discontinuation of Service: If we decide to cease operating Hethena entirely, or cease offering it in Australia, we will make reasonable efforts to inform you in advance (e.g., via email or a notice on our website). We would provide instructions on how users can obtain their data before shutdown. After service discontinuation, all user accounts would be terminated, and these Terms would be deemed terminated (except for surviving clauses). We are not liable to you for compensation or damages solely because of a decision to discontinue the Service’s operations.


12.5 Reinstatement: If your account was terminated by us and you believe the termination was wrongful or if you’ve addressed the issue that led to termination, you can contact us to request reconsideration. We may or may not reinstate accounts at our discretion. Conditions may be imposed for reinstatement (for example, providing assurances or proof of compliance with terms).


12.6 Appeal and Complaints: Consumers in Australia have rights to lodge complaints regarding goods or services. Termination of service does not preclude you from seeking dispute resolution as outlined in Section 13. If you feel your account was terminated unfairly, you may utilize the dispute resolution procedure or seek external mediation as appropriate.

12.1 By User (You): You may stop using Hethena and terminate your account at any time for any reason. You can do this, for example, by contacting us to request account deletion or by using any self-service account closure function we provide. Terminating your account will end your access to the Service’s features. If you simply stop using Hethena without explicitly deleting your account, we may contact you after a period of inactivity to confirm if you wish to maintain the account. Please note that termination by you does not automatically entitle you to any refund of fees paid (see Section 5 for the refund policy).


12.2 By Hethena: We reserve the right to suspend or terminate your access to the Service (or certain features of the Service) at our discretion, with or without notice, if we believe: (a) you have violated any provision of these Terms, (b) you are using the Service in a manner that could cause harm or legal liability to Hethena or any other person, (c) we are required to do so by law (for example, if providing the Service to you becomes unlawful), or (d) we decide to discontinue the Service entirely (for all users). We will act reasonably in exercising this right – for example, in most cases of a curable breach, we will attempt to provide you with a warning and an opportunity to fix the issue before terminating. In severe cases (like malicious misuse or clear illegal activity), suspension or termination may be immediate.


12.3 Effect of Termination: Upon termination of your account for any reason:

  • Your right to access or use the Hethena platform will immediately cease. You must stop using the Service and any applicable licences granted to you will end.

  • We will retain your data for a period as required or permitted under Section 7 (Data Use and Storage). After that, we will delete or de-identify personal information in accordance with our data retention policy. If you need to retrieve any data before deletion, please let us know. We are not obligated to retain your data (other than as required by law) after account termination.

  • Any accrued rights or liabilities up to the date of termination (such as any payment obligations, or liabilities for breach of terms, or indemnity obligations) will survive. Termination does not excuse you from any liability you incurred prior to termination.

  • Sections of these Terms that by their nature should survive termination (such as indemnities, limitations of liability, intellectual property provisions regarding use of outputs, and governing law) will continue to apply.


12.4 Discontinuation of Service: If we decide to cease operating Hethena entirely, or cease offering it in Australia, we will make reasonable efforts to inform you in advance (e.g., via email or a notice on our website). We would provide instructions on how users can obtain their data before shutdown. After service discontinuation, all user accounts would be terminated, and these Terms would be deemed terminated (except for surviving clauses). We are not liable to you for compensation or damages solely because of a decision to discontinue the Service’s operations.


12.5 Reinstatement: If your account was terminated by us and you believe the termination was wrongful or if you’ve addressed the issue that led to termination, you can contact us to request reconsideration. We may or may not reinstate accounts at our discretion. Conditions may be imposed for reinstatement (for example, providing assurances or proof of compliance with terms).


12.6 Appeal and Complaints: Consumers in Australia have rights to lodge complaints regarding goods or services. Termination of service does not preclude you from seeking dispute resolution as outlined in Section 13. If you feel your account was terminated unfairly, you may utilize the dispute resolution procedure or seek external mediation as appropriate.

13. Governing Law and Dispute Resolution

13. Governing Law and Dispute Resolution

13.1 Governing Law: These Terms and any dispute or claim arising out of or in connection with them or the use of Hethena are governed by the laws of Australia. Specifically, since Hethena’s operations are based in the New South Wales (NSW), the laws of the New South Wales and applicable federal laws of Australia will apply. If a dispute goes to court, it will be heard in a court of competent jurisdiction in the NSW, unless you and Hethena agree otherwise. We acknowledge, however, that as a consumer you may have certain rights to bring an action in your local state or territory jurisdiction under consumer laws, and nothing in these Terms is intended to limit any such statutory rights regarding venue.


13.2 Negotiation: We value our users and aim to resolve any concerns amicably. If you have any dispute or issue with Hethena or these Terms, please contact us first and attempt to resolve it informally. You can reach out via our support channels or contact information provided in these Terms. We will make a good faith effort to address your complaint or dispute within a reasonable time. Most issues can be resolved through communication and we welcome the opportunity to do so before any formal proceedings.


13.3 Mediation: If we cannot resolve a dispute through direct negotiation, either party may suggest in writing that we attempt to resolve the dispute through mediation. Mediation is a voluntary process where a neutral third-party mediator helps facilitate a resolution. If both parties agree, we will work together to select a mediator (for example, through the Australian Mediation Association or a similar body) and split the costs of mediation. You and Hethena would then attend the mediation in good faith to try to reach a mutually acceptable outcome. Mediations are confidential and without prejudice to other rights. This step is not mandatory, but it is an option we encourage before resorting to litigation.


13.4 Arbitration: We have not mandated arbitration in these Terms, and you do not waive any right to go to court by using the Service. However, if both parties prefer arbitration for a particular dispute, we can agree to submit the matter to binding arbitration under an agreed set of rules (for instance, the rules of the Resolution Institute in Australia). Any arbitration would take place in English and in a mutually agreed location (or via online/telephone means if appropriate). The decision of an arbitrator could be entered as a judgment in a court. This is entirely optional and would require a separate agreement; by default, disputes may be resolved in court as per Section 13.1.


13.5 Jurisdiction and Venue: Subject to any rights you have under consumer laws to choose a different forum, you and Hethena agree to submit to the exclusive jurisdiction of the courts of the New South Wales for resolution of any dispute arising under these Terms or related to the Service. This means that if a dispute goes to litigation, the primary place it will be resolved is NSW (likely Canberra) courts. If you are a consumer and a court or law allows you to sue in your home state or territory (despite this clause), then that right is not affected – but by default we designate NSW law and courts.


13.6 Injunctive Relief: Notwithstanding the above negotiation process, we both acknowledge that a breach of certain sections (such as misuse of intellectual property, or unauthorized disclosure of confidential information) could cause irreparable harm that cannot be adequately compensated by damages. In such cases, either party may seek injunctive or equitable relief from a court to prevent any ongoing or threatened breach of those obligations, without needing to go through the entire dispute resolution process first. This is a common exception to allow immediate action for urgent issues (like stopping someone from misusing IP while a dispute is resolved).


13.7 Complaints to Regulators: This dispute resolution section does not prevent you (or us) from lodging a complaint with an appropriate government regulator. For example, you have the right to contact the Office of the Australian Information Commissioner (OAIC) if you have a complaint about how your personal information is handled, or the Australian Competition and Consumer Commission (ACCC) or your state’s consumer protection agency if you believe consumer laws have been breached. We hope to solve issues directly, but you are free to seek help from regulators at any time.


13.8 Continuation: This Section 13 survives termination of the Terms. Any dispute arising, even after termination of the relationship, would still be handled as per this section.

13.1 Governing Law: These Terms and any dispute or claim arising out of or in connection with them or the use of Hethena are governed by the laws of Australia. Specifically, since Hethena’s operations are based in the New South Wales (NSW), the laws of the New South Wales and applicable federal laws of Australia will apply. If a dispute goes to court, it will be heard in a court of competent jurisdiction in the NSW, unless you and Hethena agree otherwise. We acknowledge, however, that as a consumer you may have certain rights to bring an action in your local state or territory jurisdiction under consumer laws, and nothing in these Terms is intended to limit any such statutory rights regarding venue.


13.2 Negotiation: We value our users and aim to resolve any concerns amicably. If you have any dispute or issue with Hethena or these Terms, please contact us first and attempt to resolve it informally. You can reach out via our support channels or contact information provided in these Terms. We will make a good faith effort to address your complaint or dispute within a reasonable time. Most issues can be resolved through communication and we welcome the opportunity to do so before any formal proceedings.


13.3 Mediation: If we cannot resolve a dispute through direct negotiation, either party may suggest in writing that we attempt to resolve the dispute through mediation. Mediation is a voluntary process where a neutral third-party mediator helps facilitate a resolution. If both parties agree, we will work together to select a mediator (for example, through the Australian Mediation Association or a similar body) and split the costs of mediation. You and Hethena would then attend the mediation in good faith to try to reach a mutually acceptable outcome. Mediations are confidential and without prejudice to other rights. This step is not mandatory, but it is an option we encourage before resorting to litigation.


13.4 Arbitration: We have not mandated arbitration in these Terms, and you do not waive any right to go to court by using the Service. However, if both parties prefer arbitration for a particular dispute, we can agree to submit the matter to binding arbitration under an agreed set of rules (for instance, the rules of the Resolution Institute in Australia). Any arbitration would take place in English and in a mutually agreed location (or via online/telephone means if appropriate). The decision of an arbitrator could be entered as a judgment in a court. This is entirely optional and would require a separate agreement; by default, disputes may be resolved in court as per Section 13.1.


13.5 Jurisdiction and Venue: Subject to any rights you have under consumer laws to choose a different forum, you and Hethena agree to submit to the exclusive jurisdiction of the courts of the New South Wales for resolution of any dispute arising under these Terms or related to the Service. This means that if a dispute goes to litigation, the primary place it will be resolved is NSW (likely Canberra) courts. If you are a consumer and a court or law allows you to sue in your home state or territory (despite this clause), then that right is not affected – but by default we designate NSW law and courts.


13.6 Injunctive Relief: Notwithstanding the above negotiation process, we both acknowledge that a breach of certain sections (such as misuse of intellectual property, or unauthorized disclosure of confidential information) could cause irreparable harm that cannot be adequately compensated by damages. In such cases, either party may seek injunctive or equitable relief from a court to prevent any ongoing or threatened breach of those obligations, without needing to go through the entire dispute resolution process first. This is a common exception to allow immediate action for urgent issues (like stopping someone from misusing IP while a dispute is resolved).


13.7 Complaints to Regulators: This dispute resolution section does not prevent you (or us) from lodging a complaint with an appropriate government regulator. For example, you have the right to contact the Office of the Australian Information Commissioner (OAIC) if you have a complaint about how your personal information is handled, or the Australian Competition and Consumer Commission (ACCC) or your state’s consumer protection agency if you believe consumer laws have been breached. We hope to solve issues directly, but you are free to seek help from regulators at any time.


13.8 Continuation: This Section 13 survives termination of the Terms. Any dispute arising, even after termination of the relationship, would still be handled as per this section.

14. General Provisions

14. General Provisions

14.1 Entire Agreement: These Terms (along with any referenced documents like the Privacy Policy) constitute the entire agreement between you and Hethena regarding the Service. They supersede any prior agreements or understandings (whether written or oral) relating to the Service. Any additional or different terms you may propose (for example, in a purchase order or in correspondence) are rejected and will not apply unless we expressly agree in writing.


14.2 Changes to Terms: We may update or modify these Terms from time to time, for example to reflect changes in the law, our services, or for other operational reasons. If we make a significant change, we will provide you with notice (such as by posting the new terms on our website and updating the “last updated” date, or by email notification). Your continued use of Hethena after updated Terms have been posted constitutes acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Service and, if needed, terminate your account. We encourage you to review the Terms periodically to stay informed of any updates.


14.3 Contact Information: If you need to contact Hethena for any reason regarding these Terms or the Service, the following contact information should be used:

  • Email: contact@hethena.com (for general inquiries and support)

We may update our contact information, and if so, we will reflect that on our website. Any formal legal notices to Hethena should be sent in writing to the mailing address above (and a copy via email for speed is appreciated). We will send any official notices to you either to the email address associated with your account or to any mailing address you have provided. It is your responsibility to keep your contact details current.


14.4 No Waiver: If we do not enforce a provision of these Terms, it does not mean we waive our right to do so later. For example, if you breach these Terms and we don’t immediately take action, we are not giving up our right to enforce that breach or any subsequent breach. Any waiver of rights by Hethena must be explicit and in writing.


14.5 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or regulator, that provision will be deemed modified to the minimum extent necessary to make it enforceable (if possible), or if it cannot be made enforceable, it will be severed (removed) from the Terms. The rest of the Terms will remain in full effect. In other words, the invalid part doesn’t invalidate the entire agreement. We would negotiate in good faith a valid substitute provision if needed, maintaining the original intent as much as possible.


14.6 Assignment: You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. For example, you can’t transfer your account to someone else as part of selling your practice, unless we agree and the new party agrees to these Terms. We may assign our rights and obligations under these Terms (for example, in the event of a merger, acquisition, or internal reorganization) by providing notice to you. These Terms will bind and benefit any permitted successors or assigns.


14.7 No Partnership: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Hethena. You are using the Service as an independent party. You have no authority to make any commitments on behalf of Hethena, and vice versa.


14.8 Interpretation: In these Terms, headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. The words “include” or “including” mean “including without limitation.” We’ve used some capitalized terms (like Service, Terms, Privacy Policy) to indicate defined terms referring to what is described in the text.


14.9 Language: These Terms are written in English. If we provide a translation to any other language and there is any conflict, the English version will control (to the extent permitted by law). All communications between us will be in English.


14.10 Customer Support: We strive to provide excellent support. If you have any questions about these Terms or the Service, or if you need assistance, please reach out to us using the contact info in 14.3. We will do our best to help. Your feedback about the Service or these Terms is also welcome, as it can help us improve.

14.1 Entire Agreement: These Terms (along with any referenced documents like the Privacy Policy) constitute the entire agreement between you and Hethena regarding the Service. They supersede any prior agreements or understandings (whether written or oral) relating to the Service. Any additional or different terms you may propose (for example, in a purchase order or in correspondence) are rejected and will not apply unless we expressly agree in writing.


14.2 Changes to Terms: We may update or modify these Terms from time to time, for example to reflect changes in the law, our services, or for other operational reasons. If we make a significant change, we will provide you with notice (such as by posting the new terms on our website and updating the “last updated” date, or by email notification). Your continued use of Hethena after updated Terms have been posted constitutes acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Service and, if needed, terminate your account. We encourage you to review the Terms periodically to stay informed of any updates.


14.3 Contact Information: If you need to contact Hethena for any reason regarding these Terms or the Service, the following contact information should be used:

  • Email: contact@hethena.com (for general inquiries and support)

We may update our contact information, and if so, we will reflect that on our website. Any formal legal notices to Hethena should be sent in writing to the mailing address above (and a copy via email for speed is appreciated). We will send any official notices to you either to the email address associated with your account or to any mailing address you have provided. It is your responsibility to keep your contact details current.


14.4 No Waiver: If we do not enforce a provision of these Terms, it does not mean we waive our right to do so later. For example, if you breach these Terms and we don’t immediately take action, we are not giving up our right to enforce that breach or any subsequent breach. Any waiver of rights by Hethena must be explicit and in writing.


14.5 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or regulator, that provision will be deemed modified to the minimum extent necessary to make it enforceable (if possible), or if it cannot be made enforceable, it will be severed (removed) from the Terms. The rest of the Terms will remain in full effect. In other words, the invalid part doesn’t invalidate the entire agreement. We would negotiate in good faith a valid substitute provision if needed, maintaining the original intent as much as possible.


14.6 Assignment: You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. For example, you can’t transfer your account to someone else as part of selling your practice, unless we agree and the new party agrees to these Terms. We may assign our rights and obligations under these Terms (for example, in the event of a merger, acquisition, or internal reorganization) by providing notice to you. These Terms will bind and benefit any permitted successors or assigns.


14.7 No Partnership: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Hethena. You are using the Service as an independent party. You have no authority to make any commitments on behalf of Hethena, and vice versa.


14.8 Interpretation: In these Terms, headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. The words “include” or “including” mean “including without limitation.” We’ve used some capitalized terms (like Service, Terms, Privacy Policy) to indicate defined terms referring to what is described in the text.


14.9 Language: These Terms are written in English. If we provide a translation to any other language and there is any conflict, the English version will control (to the extent permitted by law). All communications between us will be in English.


14.10 Customer Support: We strive to provide excellent support. If you have any questions about these Terms or the Service, or if you need assistance, please reach out to us using the contact info in 14.3. We will do our best to help. Your feedback about the Service or these Terms is also welcome, as it can help us improve.

Thank you for reading Hethena’s Terms of Service. We are committed to providing a secure, helpful, and legally compliant clinical decision support platform. By adhering to these Terms, both you and we protect each other’s interests and, most importantly, help ensure that Hethena is used safely and effectively to support better healthcare outcomes.

Thank you for reading Hethena’s Terms of Service. We are committed to providing a secure, helpful, and legally compliant clinical decision support platform. By adhering to these Terms, both you and we protect each other’s interests and, most importantly, help ensure that Hethena is used safely and effectively to support better healthcare outcomes.

Terms of Service

Privacy Policy

Copyright © Hethēna. All rights reserved.

Privacy Policy

Terms of Service

Copyright © Hethēna. All rights reserved.

Terms of Service

Welcome to Hethena, a clinical decision support software platform. These Terms of Service (“Terms”) govern your use of the Hethena platform and services (“Hethena” or “the Service”) within Australia. By creating an account or using Hethena, you agree to these Terms. If you do not agree, you must not use the Service. We recommend that you read these Terms carefully. They are written in plain language for transparency and ease of understanding.


Important: Hethena is not a provider of medical advice, diagnosis, or treatment. The Service’s outputs (such as health insights or recommendations) are not medical advice and must always be reviewed and approved by a licensed healthcare professional before being acted upon. Do not rely on Hethena alone for clinical decisions.


No Emergency Use: Hethena is not intended for use in emergencies or life-threatening situations. In an emergency, do not use Hethena – call 000 or seek immediate medical attention.

1. Eligibility and Appropriate Use

1.1 Minimum Age: You must be at least 18 years old to create a Hethena account or use the Service. Hethena is not directed to minors. By using the Service, you affirm that you are 18 or older.


1.2 Healthcare Professional Use: Hethena is designed for use by qualified healthcare professionals (such as licensed doctors or other registered health practitioners) and their authorised staff in a clinical setting. If you are a healthcare provider, you are responsible for ensuring that your use of Hethena is within the scope of your professional practice and expertise. If you are not a licensed clinician, you should only use Hethena under the supervision or direction of a qualified healthcare provider.


1.3 Customer Use: Portions of the Service (for example, filling out a health intake questionnaire or viewing test results) may be accessible to customers or clients at the invitation of their healthcare provider. If you are a customer or other end-user, you must still be 18 or older, and you acknowledge that any information provided by Hethena is for informational support only and not a substitute for professional medical advice. Always consult your doctor or healthcare provider for interpretation of Hethena’s outputs and before making health decisions.


1.4 Compliance: You agree to use Hethena only for its intended purpose of supporting clinical decision-making and customer care. You will not use the Service for any unlawful, harmful, or inappropriate activities. You must follow all applicable laws and regulations, including medical privacy laws, when using Hethena. If you are a healthcare provider, this includes obtaining any necessary customer consents for use of Hethena and handling customer data in compliance with privacy obligations.

2. Account Registration and Security

2.1 Account Creation: To access Hethena’s features, you will need to create an account. You agree to provide accurate, current, and complete information during registration, including your real name, valid contact information, and (if you are a clinician) your professional credentials or affiliation as requested. You must keep your account information up-to-date.


2.2 Account Security: You are responsible for maintaining the confidentiality of your login credentials. Do not share your username or password with anyone. Hethena employs security measures such as encryption and may offer multi-factor authentication to help protect your account. You agree to use a strong, unique password and to enable any additional security features we provide (such as two-factor authentication) to safeguard your account.


2.3 Unauthorised Access: You must notify us immediately at our support contact (see Section 14.3) if you suspect any unauthorised access to or use of your account. You are responsible for all activities that occur under your account credentials. Hethena will not be liable for any loss or damage arising from your failure to secure your account.


2.4 One Account: Unless expressly permitted by Hethena, you may only create one account for yourself. If you are an organisation or clinic and require multiple user accounts for staff, we will provide a mechanism for that (such as individual sub-accounts under a clinic). Each user must have their own login; sharing a single account among multiple individuals is prohibited.


2.5 Account Ownership: Accounts are personal to the registering individual or entity. If you register on behalf of a clinic or healthcare practice, you represent that you have the authority to bind that entity to these Terms. An account may not be sold or transferred to another person without our prior written consent.

3. Scope of Services

3.1 Service Description: Hethena is a clinical decision support system (CDSS) intended to assist healthcare professionals in customer care. The Service can facilitate customer intake (for example, collecting medical history or symptom information), allow ordering of home diagnostic kits or scheduling of pathology (laboratory) tests through partner providers, integrate the results of those tests (including blood test results, wearable device data, and relevant medical record information), and generate preliminary reports or recommendations for health management. These outputs may include personalized wellness or treatment program suggestions, flags for potential health risks, and guidance based on clinical practice guidelines.


3.2 Support Tool Only:  Hethena supports clinicians’ decision-making; it does not replace it. The Service is intended only to provide or support recommendations to qualified health professionals regarding customer care and is not intended to independently diagnose, treat, or cure any condition. Hethena does not directly analyze or interpret medical images, scans, or signals from medical devices (such as x-rays, MRIs, ECGs, etc.) as part of its recommendations. Importantly, Hethena’s outputs are not meant to replace the clinical judgment of a healthcare professional. All final diagnoses, treatment decisions, and customer management steps are made by the healthcare professional**, who must review Hethena’s suggestions in light of their own expertise and the specific context of the customer.


3.3 Transparency and Referenceable Logic: Hethena’s recommendations are generated using evidence-based rules and sources (for example, well-accepted clinical guidelines, medical literature, and published research). The platform is designed to provide transparency in how recommendations are formed – wherever feasible, Hethena will show or cite the underlying rationale, guideline reference, or source data for its suggestions. This means clinicians using Hethena can review the basis of any recommendation (such as seeing which clinical guideline or study supports it) and verify it for themselves. Our goal is to make the logic clear and referenceable, so you can trust that outputs are grounded in reputable medical knowledge and you can explain them to customers or colleagues.


3.4 Professional Oversight: Use of Hethena requires professional oversight. If you are a clinician user, you agree that you will not rely solely on Hethena for customer care decisions and that you will exercise your own professional judgment in evaluating Hethena’s outputs. If you are a customer or lay user (e.g. accessing your own report), you understand that any information provided to you via Hethena has already been or will be reviewed by a licensed doctor. You should ask your doctor to explain any results or recommendations and should not self-interpret the data in a way that contradicts professional medical advice.


3.5 Third-Party Services: Some aspects of Hethena facilitate interactions with third-party services. For example, Hethena may help you schedule laboratory tests or order home diagnostic kits provided by third-party labs or suppliers, or it may integrate with wearable devices or electronic health record systems. Hethena is not responsible for the services, results, accuracy, or errors of any third-party providers. Third-party services (like labs or device platforms) are governed by those providers’ own terms and privacy policies. Hethena does not guarantee the availability or performance of any third-party service. Any tests or analyses performed by external labs are outside Hethena’s control, and we provide their results “as-is” from the source. We will, however, use reasonable care in transmitting your orders to such services and in incorporating their results into our platform.


3.6 Service Availability: We will strive to keep Hethena available and functioning reliably. However, Hethena is provided on an “as available” basis. We do not guarantee uninterrupted uptime. There may be occasional maintenance, updates, or technical issues that temporarily disrupt service. We will attempt to schedule maintenance during low-usage times and inform users of significant planned downtime.


3.7 Changes to Services: Hethena is an evolving platform. We may add, remove, or modify features from time to time. We will try to ensure that any changes enhance the Service and we will notify users of major changes that could affect how you use Hethena. If you have prepaid for a service and a change materially reduces that service, you may contact us regarding a possible refund or adjustment (see Section 6). Your continued use of Hethena after a change constitutes acceptance of the Service’s new scope or features.

4. Fees and Payment

4.1 Fees for Services: Using certain Hethena features or services may require payment of fees. Any applicable fees will be disclosed to you in advance (for example, on our website or within the app). Hethena currently operates on a one-time payment model for clinical services (rather than a recurring subscription). This means you might pay per report, per diagnostic kit, or per customer intake package, as specified for the service you select. There are no recurring or subscription charges unless explicitly stated and agreed to by you.


4.2 Pricing and Taxes: All prices are listed in Australian Dollars (AUD) and are inclusive of applicable taxes unless stated otherwise. We reserve the right to change our fees or introduce new fees in the future, but no fee change will apply retroactively to services you have already paid for. If Australian GST or other taxes apply, they will be handled according to Australian tax law, and any advertised price will indicate whether GST is included.


4.3 Payment Processing: Payments are processed through third-party payment processors, currently Stripe, Inc. When you make a payment, you will provide your payment details (such as credit card information) to Stripe through our Service. We do not store your full credit card information on our servers. Stripe handles your payment data in accordance with their security protocols. By paying for Hethena services, you agree to Stripe’s terms and conditions and privacy policy in addition to these Terms.


4.4 Payment Authorization: By providing a payment method, you represent and warrant that you are authorized to use the payment method and you authorize us (and our payment processor) to charge the full amount due for the services you purchase. If your payment method (e.g. a credit card) expires or is declined, you must provide a new eligible payment method to continue using the paid services. We are not responsible for any fees or charges your bank or card issuer may apply (such as foreign transaction fees if you use the Service outside Australia or from a non-Australian card).


4.5 Receipts: Upon successful payment, we will provide you with a receipt or confirmation (typically via email or within your account dashboard) detailing the service purchased and the amount charged. Please retain this for your records.


4.6 Errors and Inquiries: If you believe there has been an error in billing or you have questions about a charge, please contact our support team promptly. We will work with you in good faith to address any billing issues. Do not initiate a chargeback with your card issuer without giving us a chance to resolve the issue; unwarranted chargebacks may be contested by us.

5. Cancellation and Refund Policy

5.1 Cancellation by You: You may cancel your use of Hethena services at any time. However, since Hethena’s fees are one-time payments for services often delivered promptly (for example, generating a report or shipping a test kit), cancellation may not entitle you to a refund once the service process has begun. If you decide you do not want to proceed with a service you’ve paid for, you should contact us immediately. If your cancellation request is received before we have commenced providing the service (e.g. before a kit has been shipped or before a report generation has started), we may, at our discretion, offer a full or partial refund.


5.2 No Refunds After Service Delivery: Except as required by law or explicitly stated in these Terms, fees are non-refundable once the service has been rendered. For example, if you ordered a pathology test and the sample has been collected and processed, or if a health report has been generated and delivered to you, we will generally not provide a refund simply because you changed your mind. We cannot “undo” a delivered medical service or reclaim costs incurred to provide it.


5.3 Service Issues: If you believe that a Hethena service you paid for was not provided as promised or was defective (for instance, if a test kit never arrived, or results were not delivered, or a report was not generated due to our error), please notify us. We will investigate the issue and, if Hethena is at fault, we will either re-perform the service at no additional cost or offer an appropriate refund or credit, at our discretion. We are committed to customer satisfaction and will comply with our obligations under Australian Consumer Law (see Section 11.3).


5.4 Subscription Cancellation (if applicable): If in the future Hethena offers subscription plans or recurring services, you will be provided with specific terms for those offerings, including how to cancel and what pro-rated refunds, if any, may apply. In the absence of such specific terms, our default policy is that you can cancel a subscription any time via your account settings, and you will continue to have access to the service until the end of the paid period (no new charges will be made, but already-paid fees for the current period are not refunded).


5.5 How to Request a Refund: To inquire about a refund or cancellation, please contact Hethena support through the contact methods provided on our website (such as support email or support ticket system). We may require you to provide information about the transaction (like date, amount, and reason for request) and we may ask for additional details to evaluate your request. Refunds, if approved, will be issued to the original payment method whenever possible. Please note that banks and credit card companies may take several days to process the refund credit.


5.6 Stripe Fees: Please be aware that when we process a refund, third-party payment processors (like Stripe) may not return their processing fees for the original transaction. If a refund is granted due to change of mind (and not due to our error), we reserve the right to refund the net amount after such non-recoverable processing fees, if any. We will inform you if any such deduction applies.


5.7 Australian Consumer Law: Nothing in this Cancellation and Refund Policy is intended to exclude, restrict, or modify rights which you may have under the Australian Consumer Law or other applicable laws. We highlight that under Australian Consumer Law, you may be entitled to a refund or remedy for services not delivered with due care and skill or that otherwise fail to meet consumer guarantees. Section 11.3 of these Terms further explains our commitments in this regard.

6. Privacy and Security

6.1 Compliance with Privacy Laws: We take your privacy seriously. Hethena handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), as well as other applicable Australian privacy and health information laws. By using Hethena, you acknowledge that we will collect, use, and disclose personal information as described in these Terms and our Privacy Policy. Our Privacy Policy, available on our website, provides details on what data we collect and how we handle it. We encourage you to read it carefully.


6.2 Health Information: To provide the Service, Hethena may collect or process sensitive health information (for example, medical history, lab results, or other health data). We recognize that health information is considered “sensitive information” under Australian law and is subject to additional protections. We will only collect health information that is reasonably necessary to provide our service (or as otherwise permitted by law), and we will only use it for the purpose of delivering and improving Hethena’s services or as required by law. We will obtain your consent to collect this information from you, or we rely on your clinician having obtained your consent, as applicable by context.


6.3 Data Security Program: We implement a robust data security program to protect your information. Hethena’s security practices align with industry standards and frameworks for information security. In particular, we follow principles of the ISO/IEC 27001 information security management standard and adhere to the Australian Cyber Security Centre’s Essential Eight mitigation strategies for cybersecurity. These frameworks guide how we manage and secure data, including risk assessment, access controls, encryption, auditing, and incident response. Our systems are hosted on secure infrastructure (for example, within reputable cloud providers’ Australian data centers) and we use measures such as:

  • Encryption: All data is encrypted in transit (using TLS/HTTPS) and stored encrypted at rest on our servers.

  • Access Controls: Personal data is accessible only to authorised personnel who need it to perform their duties (for example, a treating doctor or our system administrators for maintenance), and even then on a least-privilege basis. We use role-based access controls and require strong authentication for our staff and clinician users (including multi-factor authentication where possible).

  • Security Monitoring: We employ logging and monitoring to track access and detect suspicious activities in our systems. Regular security audits and assessments (including code reviews, vulnerability scanning, and, at times, third-party penetration testing) are conducted to identify and address potential weaknesses.

  • Essential Eight Compliance: In line with the Australian government’s Essential Eight framework, we implement strategies like prompt application of security patches, application whitelisting where feasible, macros hardening, restriction of administrative privileges, daily backups, and tested recovery procedures. These steps help prevent cyber-attacks, limit their impact, and ensure we can recover data if an incident occurs[5][6].


6.4 ISO/IEC 27001: Hethena is working towards certification under ISO/IEC 27001, which is an internationally recognized standard for information security management. This means we maintain a systematic process for continually assessing risks and applying appropriate controls to protect information confidentiality, integrity, and availability. While certification is a rigorous process, our commitment is to uphold the standard’s requirements in our daily operations.


6.5 Essential Eight: The Essential Eight are a set of baseline cybersecurity strategies recommended by the Australian Cyber Security Centre to mitigate common cyber threats. Hethena has incorporated these strategies into our IT practices to the highest degree practical, and we regularly evaluate our maturity against this framework. For example, we limit administrator accounts and monitor their use, we ensure systems and software are updated with security patches, and we maintain secure backups of data to prepare for any possible data loss scenarios.


6.6 No Absolute Security: While we apply stringent security measures and best practices, no system is 100% secure. We cannot guarantee absolute security of data. However, we promise to take all reasonable steps to protect your personal information, and in the event of any data breach that compromises your personal data, we will notify affected users and authorities as required by law (such as under Australia’s Notifiable Data Breaches scheme).


6.7 User Security Responsibilities: You also have a role in keeping data secure. Please maintain the security of your account as described in Section 2. Do not share personal data through Hethena’s channels except as needed for the Service. If you download or export any reports or data from Hethena, you are responsible for protecting that copy (for instance, if you save a customer report to your computer, ensure it is stored safely). If you become aware of any security vulnerability or incident related to Hethena, you agree to inform us immediately so we can take action.


6.8 Privacy Questions: If you have any questions or concerns about how we handle your personal information, you can review our Privacy Policy or contact our Privacy Officer (contact information is provided in the Privacy Policy and Section 14.3 of these Terms). We appreciate your trust and will do our utmost to keep that trust by safeguarding your data.

7. Data Use, Storage, and User Rights

7.1 Ownership of Data: You retain ownership of any data you input into Hethena or provide to us in the course of using the Service. For example, if you (or your customer) provide medical history information, lab results, or any other personal data, that data remains owned by you or the individual from whom it originated. Hethena does not claim ownership of your raw personal or customer information.


7.2 License to Use Data: In order to operate the Service, you grant Hethena a limited, worldwide, royalty-free license to use, reproduce, and process the data you provide solely for the purposes of: (a) providing the Hethena services to you and any end-users (for example, using the data to generate reports, perform analyses, or integrate with lab systems), (b) maintaining and improving the Service (such as troubleshooting issues, training algorithms with appropriate safeguards, or enhancing features), and (c) as otherwise required by law or permitted by these Terms. This license extends to trusted third-party contractors or subprocessors we utilize to deliver the Service (for instance, cloud hosting providers or lab integration services), but always in compliance with our privacy and security commitments. We will not use your personal data for any purpose unrelated to providing or improving Hethena without your consent.


7.3 Data Storage Location: Your data will be stored securely, primarily on servers located in Australia. We aim to store health data within Australia to comply with local regulations and keep data close to its source. In some cases, non-health personal data (like account information or support emails) may be stored or backed up on cloud infrastructure that could include overseas locations or service providers. However, we will not disclose personal information to overseas recipients except in compliance with APP 8 (Cross-border disclosure of personal information) – for example, we will ensure the recipient is subject to laws or contractual obligations upholding similar privacy protections, or we will seek your consent where required.


7.4 Data Retention: We will retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by law. Health records may be kept for a period consistent with medical record-keeping obligations (for example, under state law, health records are often kept for a minimum number of years). If you discontinue use of Hethena or request deletion of your data, we will take reasonable steps to delete or de-identify the personal information we hold about you, except to the extent we are required to retain it for legal, regulatory, or internal compliance purposes. (For example, we might retain transactional records for accounting, or minimal information to confirm that you had an account, for fraud prevention, etc.)


7.5 Anonymised Data for Research and Improvement: We recognize the value of medical data in advancing research and improving healthcare. Hethena may use de-identified and aggregated data for research, analytics, and product improvement. This means that after removing or irreversibly anonymising personal identifiers (so that the data is no longer about an identifiable individual), we may analyze data trends to improve our algorithms, publish insights about usage (for example, to understand how often certain recommendations are used), or contribute to scientific or clinical research. Any such use of data will not identify you or any individual customer. For clarity, de-identified data means information that is no longer reasonably capable of identifying a person, consistent with OAIC guidelines on de-identification. By using Hethena, you consent to our use of de-identified data for these purposes. If we ever wish to use identifiable health data for research that is outside the scope of providing the service, we will seek appropriate consent or ethics approval as required by law.


7.6 Data Access and Control: You have certain rights to access and control your personal data. For example, if you are an individual whose personal information is held in Hethena (such as a customer user), you have the right to request access to that information and to request corrections if it is inaccurate, in accordance with the Privacy Act and applicable law. If you wish to access or correct your data, you (or your healthcare provider who input the data) can contact us. We will respond to data access requests within a reasonable time. There may be exceptions in which we cannot provide certain data (for example, if giving access would unreasonably impact someone else’s privacy or if we are legally prevented from disclosing it), but we will inform you if any such exception applies.


7.7 User Responsibilities for Data: If you are a healthcare provider using Hethena, you are responsible for obtaining any necessary consents from customers to input their data into the platform and to use Hethena as part of their care. You should also ensure that any data you submit is accurate and that you have the right to provide it. You agree not to upload any personal information to Hethena that is not needed for the platform’s intended use (for example, don’t use Hethena to store unrelated personal files). If you inadvertently submit someone else’s personal information without authorization, you must inform us so we can delete it. You also agree that you will not use Hethena to store or share highly sensitive identifiers like government-issued IDs, credit card numbers, or other data outside of health context, except where specifically requested by the Service for identity verification or payment processing (which have their own protections).


7.8 Data Backup: We perform regular backups of data on the Hethena platform to prevent loss of information. In the event of any system failure or data corruption, we will strive to restore data from the latest backup. However, we encourage healthcare provider users to maintain their own copies or records of critical data (such as exporting customer reports or notes) as needed for their professional record-keeping, since Hethena is a supplemental tool and not an official medical records system of record. We are not liable for rare cases of data loss (see Section 11), but rest assured we follow best practices to minimize this risk, including off-site backups and redundancy in line with the Essential Eight strategies (daily backups and tested restoration).


7.9 Data Portability: If you choose to stop using Hethena and need your data, please contact us. We can assist in providing your data in a common format (for example, a CSV export of your input data or PDF copies of reports) where feasible, so that you can transition to an alternative solution. Some data (especially if de-identified or aggregated) may not be portable in a meaningful way, but we will do our best to accommodate reasonable requests.


7.10 Confidentiality: We consider your personal and health data confidential. Our staff and any partners are bound by confidentiality obligations. We will not disclose your identifiable information to any third party except as described in these Terms, our Privacy Policy, or with your explicit consent. Typical disclosures include: sharing necessary info with a lab to process a test (with your consent by using that feature), providing data to your healthcare provider if you are a customer user, or legal disclosures if required (see 7.11). We do not sell personal data to marketers or unrelated third parties.


7.11 Legal Compliance and Disclosures: We may disclose personal information if we are required to do so by law, court order, or regulatory requirement (for example, in response to a subpoena, or to report notifiable diseases or adverse events as mandated by health regulations). We may also disclose information if we believe in good faith that such disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. Where lawful and practical, we will attempt to notify you of such disclosures.

8. Intellectual Property Rights

8.1 Hethena Platform IP: The Hethena platform (including all software, algorithms, code, databases, user interface design, trademarks, logos, content, and the overall look-and-feel of the Service) is intellectual property owned by or licensed to Hethena (and its parent company or affiliates). All such elements are protected by intellectual property laws, including copyright, trademark, and patent laws. Hethena retains all ownership and intellectual property rights in and to the Service, including any enhancements or improvements made to it. Using Hethena does not transfer ownership of any of these rights to you.


8.2 License to Use Service: Subject to your compliance with these Terms, Hethena grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform and its outputs for your personal or internal business purposes (specifically, for clinical decision support and customer care). This license allows you, for example, to view and print reports generated by Hethena, or to use Hethena’s interface for managing your customer’s data, in the ordinary course of your medical practice or personal use. You may not resell, distribute, or publicly display any part of the Service or its outputs (other than sharing with the customer or other providers involved in that customer’s care, which is of course permissible and intended). If you wish to use Hethena in any way not permitted by this license, you must obtain our prior written consent.


8.3 Restrictions: You agree not to do (or attempt to do) any of the following:

  • Copy, modify, adapt, translate, or create derivative works based on Hethena’s software or content (except to the extent a component is expressly made available under an open license, if any).

  • Reverse engineer, decompile, or otherwise extract source code from the software, except to the limited extent allowed by law (and if you need information for interoperability, please contact us first).

  • Remove or alter any copyright, trademark, or proprietary notices on the platform or reports. For example, if a report generated by Hethena includes a Hethena logo or attribution, you should not remove that when sharing the report.

  • Use any automated system (like bots, scrapers) to access or extract data from Hethena without our permission. The only exception is that healthcare providers may use standard tools to download or print customer reports for record-keeping.

  • Use Hethena’s content or outputs to create a competing product or service, or use them in any manner that would infringe on our intellectual property rights or those of our licensors.


8.4 Feedback: We welcome feedback, suggestions, or ideas to improve Hethena (“Feedback”). If you choose to provide Feedback to us, you agree that we may use, implement, and exploit that Feedback in any way, without any restriction or obligation to you. For example, if you suggest a new feature or report format and we incorporate it, we will own that enhancement. You will not be entitled to any compensation for your Feedback, and we are not required to keep your Feedback confidential (so please do not submit confidential information in your suggestions). This does not affect your ownership of your own data or customer data, but the improvement ideas themselves can be used by us freely.


8.5 Third-Party IP: Some components of Hethena may include third-party software or content under license. For example, we may use open source libraries, or medical coding systems (like ICD codes, etc.), or integrate content from clinical guidelines. We respect intellectual property rights of third parties. If you believe that Hethena or any user of Hethena has violated your intellectual property rights (for example, by posting material that infringes copyright), please notify us with details, and we will investigate and respond in accordance with applicable law (such as by removing infringing content if confirmed).


8.6 Trademarks: “Hethena” and our logo are trademarks of our company. You agree not to use Hethena’s name or branding in a way that confuses others as to your relationship with Hethena or as to who is providing the Service. However, you may factually state (for example to customers or colleagues) that you use Hethena as a clinical decision support tool. If you wish to use our logo or name in any marketing or publication (say, for a case study or research paper), please get approval from us first.


8.7 Ownership of Output Logic: Hethena’s outputs (e.g., the recommendations, analysis, or program generated) are derived from our proprietary algorithms, knowledge base, and software logic. While the customer-specific data in an output is yours or your customer’s (as per 7.1), the format, structure, and method by which Hethena produces that output are part of Hethena’s intellectual property. For instance, if Hethena generates a unique care plan structure or phrasing, that structure/phrasing is our creation. As a user, you have a license to use the outputs for their intended medical purpose, but you do not acquire ownership of the underlying logic, templates, or algorithms used to produce those outputs. We reserve the right to use similar outputs or logic for other users, and you agree that you will not assert any claim that a Hethena-generated recommendation for you is unique to you such that it cannot be used generically (of course, identifiable customer information will not be reused inappropriately; this is just about the generic logic or text).


8.8 Reservation of Rights: All rights not expressly granted to you in these Terms are reserved by Hethena. If you violate these IP terms, your right to use Hethena may be terminated (see Section 13), and you may be liable for infringement or damages.

9. Disclaimers

9.1 No Medical Advice or Diagnosis: Hethena is not a medical practitioner and does not provide medical advice, diagnosis, or treatment. The Service is a tool for licensed professionals and informed users. Any health-related information or recommendations provided by Hethena are general in nature and are intended to support (not dictate) clinical decisions. They are not a substitute for the personalized judgment of a qualified healthcare provider. The licensed clinician is always responsible for evaluating and confirming any information from Hethena before relying on it for a customer’s care. If you are a customer using Hethena, you must consult your doctor or healthcare provider about any output and should not make medical decisions solely based on Hethena’s information. We expressly disclaim any warranty or representation that use of the Service will directly result in health improvement or accurate diagnoses – those outcomes depend on professional interpretation and many factors beyond our control.


9.2 Australian TGA Classification: Hethena is intended to meet the criteria for exempt Clinical Decision Support Software as set by the Therapeutic Goods Administration (TGA) in Australia. This means Hethena is a low-risk tool that supports clinical decision-making without replacing it, and does not perform functions like interpreting medical device data or making autonomous diagnoses. While this status means Hethena is not required to be included in the Australian Register of Therapeutic Goods, we emphasize that exemption from regulation is based on the assumption of clinician oversight and low risk. We have designed Hethena carefully to fit within that exemption (for example, by ensuring transparency of logic and clear professional oversight requirements), and by using the Service you acknowledge these characteristics. We make no other warranty regarding regulatory approvals or fitness for any particular regulatory environment.


9.3 Service “As Is”: Hethena is provided “as is” and “as available”. While we strive for high quality, we cannot guarantee that the Service will be perfect or error-free. Medical knowledge and guidelines can change over time, and while we aim to keep our knowledge base updated, Hethena’s content might not always reflect the very latest research or every individual customer scenario. You acknowledge that any reliance on the Service’s information is at your own risk and subject to the verification by qualified professionals. We do not warrant that Hethena will meet all of your expectations or that it will achieve any specific results.


9.4 No Warranty: To the fullest extent permitted by law, Hethena disclaims all warranties, representations, or conditions of any kind, either express or implied, with respect to the Service. This includes implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties that might arise from a course of dealing or usage of trade. For example, we do not guarantee that the Service will always be available, that it will be free from viruses or other harmful components, or that any results or outputs will be accurate, complete, or useful for your specific needs. We do not warrant that any third-party data (like lab results) integrated into our platform is correct or that the transmission of data will always be secure or timely.


9.5 Clinical Use Caution: You understand that using a tool like Hethena in clinical practice requires prudent clinical judgment. Always review automated recommendations. If Hethena suggests something that conflicts with your clinical evaluation or other information, you should rely on your professional judgment and/or seek a second opinion. The Service is not a replacement for necessary training, experience, or customer assessment. We disclaim responsibility for how you apply the information from Hethena. If you choose to override your own judgment based on a Hethena suggestion (which we do not recommend doing without thorough consideration), you do so assuming full responsibility.


9.6 Not for Critical Real-Time Use: Hethena is not designed for real-time monitoring of vital systems or any use where a failure or delay could directly result in harm. For example, it’s not an emergency alarm system, not a substitute for continuous customer monitoring devices, and not meant to make time-critical decisions (like those needed in an ER or ICU without immediate human validation). Any time-sensitive actions should not rely on Hethena.


9.7 External Links and Resources: The platform may provide links or references to external websites, guidelines, or resources (for instance, a link to a clinical guideline or literature that supports a recommendation). These are provided for convenience and reference. Hethena does not endorse or assume responsibility for content on external sites. Use of any third-party website or resource is subject to that third party’s terms and privacy policy. We make no warranty about the accuracy or reliability of any external information, even if Hethena cites it.


9.8 Technological Limitations: You acknowledge that no software is perfect. Hethena’s performance may be affected by factors such as internet connectivity, device compatibility, and user-provided data quality. We disclaim liability for any issues arising from technical limitations beyond our reasonable control – for instance, if an internet outage or a user’s outdated web browser causes the Service to malfunction.


9.9 Professional Independence: We do not practice medicine or any other licensed profession, and we do not interfere with professionals’ judgment. Hethena’s role is advisory. You (the user) are solely responsible for any decisions or actions taken (or not taken) based on the Service’s outputs. This includes responsibility for complying with all legal, ethical, and professional obligations in the healthcare context, such as obtaining informed consent, maintaining customer records, and providing appropriate follow-up care. Hethena cannot be cited as the “decision-maker” for any clinical action; it is a supporting resource.


9.10 Consumer Guarantees: In Australia, you have statutory guarantees under the Australian Consumer Law which cannot be excluded. Nothing in these Terms excludes those non-excludable guarantees and rights. However, where we are allowed to limit a remedy for a breach of such a guarantee (for example, for services that are not of a kind ordinarily acquired for personal, domestic, or household use), we elect to do so as set out in Section 11.3 below. This means we still stand behind the basic quality of our service as required by law, but we clarify how remedies are provided.

10. Limitation of Liability

10.1 Limit on Types of Damages: To the extent permitted by law, Hethena and its officers, employees, agents, suppliers, or affiliates will not be liable to you for any indirect, incidental, special, consequential, or exemplary damages. This includes, for example, damages for loss of profits or revenue, loss of data, loss of goodwill, business interruption, or the cost of obtaining substitute services. We will not be liable for any loss or damage that was not reasonably foreseeable or that is not caused by our breach of these Terms.


10.2 Cap on Liability: To the extent permitted by law, Hethena’s total aggregate liability for all claims arising from or related to the Service or these Terms is limited to the amount you paid us for the use of the Service in the 12 months immediately preceding the event giving rise to the liability. For example, if you paid AUD $500 in one-time fees in the last year, our maximum potential liability to you for all claims would be $500. If you have not made any payments (for instance, using a free version), then our liability is limited to AUD $0 (zero). This limitation applies to all causes of action in the aggregate (whether in contract, tort (including negligence), statute, indemnity, or otherwise).


10.3 Australian Consumer Law Exceptions: Important: Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy that you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or other applicable laws that cannot be excluded. If those laws apply to you and they provide for remedies that cannot be excluded, then notwithstanding any contrary clause in these Terms, you may have rights that override the above limitations. For instance, under Australian Consumer Law, services come with guarantees that, if breached, may entitle you to a re-supply or a refund. To the extent we are permitted under Australian law to limit our liability for breach of such guarantees, our liability is limited (at our option) to either re-supplying the services to you or paying the cost of having the services supplied again[10]. This Section 10.3 will prevail over any inconsistent provision elsewhere in these Terms.


10.4 No Liability for Clinical Outcomes: You agree that Hethena is not liable for any injury, harm, or adverse outcome for customers or users that might arise from use of the Service. The responsibility for customer care lies fully with the treating healthcare providers. If a recommendation provided by Hethena is incorrect, incomplete, or misinterpreted, and this leads to an adverse outcome, you acknowledge that it is the provider’s duty to have caught such issues through standard of care practices. Hethena is not practicing medicine and thus cannot be sued for medical malpractice; any claim that a customer was harmed due to reliance on Hethena’s information will be treated as a claim against the provider’s use of a tool, not against the tool’s provider (to the maximum extent allowed by law). Users agree not to hold Hethena responsible for professional liability claims.


10.5 Third-Party Actions: Hethena will not be liable for any delays or failures in performance resulting from events or circumstances beyond our reasonable control (force majeure events). Additionally, we are not liable for the acts or omissions of third parties, such as:

  • Laboratory or Diagnostic Services: If a partner lab fails to perform a test correctly or reports incorrect results, our liability for the consequences of that is excluded; the lab is responsible for their service. We will, however, assist you in addressing any such issues with the lab.

  • Connectivity Providers: We aren’t liable if an internet service provider’s issues or a cloud hosting outage causes downtime.

  • User Equipment or Environment: We are not responsible for any damage to your computer system or device or for loss of data that results from your use of the Service (for example, due to viruses, provided we did not willfully introduce them). Use of the Service is at your own risk with respect to hardware and system configurations.


10.6 Reliance on Information: Any reliance you place on information obtained through Hethena is strictly at your own risk. While we aim for accuracy, medicine is complex and Hethena does not guarantee outcomes. You agree that you use the information provided as one input among many, and you release us from liability for decisions you make as a result of information obtained from the Service. If you are unsatisfied with the Service, your remedy is to stop using it and, if applicable, seek a refund where our policies or law permit (as described in Section 5).


10.7 Aggregate Data Use: We sometimes use aggregate data to provide insights (for example, to show average ranges or comparative analytics). We shall not be liable for how you interpret or use any aggregate or benchmark data provided. Those are for informational purposes and not customer-specific.


10.8 Consequential Loss (for Businesses): If you are using Hethena in a business capacity (not as a personal consumer), then to the extent permitted by law, we specifically exclude liability for any consequential losses or damages you might incur in that business (such as loss of business profits, business interruption, or loss of business data). This is in line with typical business-to-business risk allocations and is separate from any consumer rights which might not apply if you are not a consumer.


10.9 Interpretation: The limitations and exclusions of liability in this Section 10 apply to the fullest extent permitted by law, whether liability arises from breach of contract, tort (including negligence), breach of statutory duty, or otherwise. Some jurisdictions do not allow certain exclusions or limitations (for example, in some cases of negligence or where a statutory guarantee is in place). In such jurisdictions, some of the above limitations may not apply to you, and in that case our liability will be limited to the maximum extent permitted by law.

11. Indemnification

11.1 Your Indemnity to Us: You agree to indemnify, defend, and hold harmless Hethena and its affiliates, officers, directors, employees, and agents from and against any and all losses, liabilities, claims, demands, damages, costs, or expenses (including reasonable legal fees) arising out of or related to:

  • Your Breach: Your violation of any provision of these Terms. For example, if you use Hethena in a way that violates Section 8 (Intellectual Property) by copying our content unlawfully, and that leads to a claim against us, you must indemnify us.

  • Your Misuse of the Service: This includes using Hethena for purposes other than its intended use, or using it in violation of applicable laws or regulations. If you use Hethena to do something illegal or in a way that harms someone, and we get sued or investigated as a result, you will cover our costs.

  • Your Clinical Decisions: Any clinical or health-related decisions or actions you take (or fail to take) based on information from Hethena. For instance, if you are a clinician and a customer brings a claim against Hethena (the company) alleging an injury due to your treatment decision, you agree to indemnify us for that claim. We are not responsible for practicing medicine – you are. So you will step in to defend us if a claim wrongly tries to hold Hethena liable for what was in fact your professional decision or oversight.

  • Data You Provide: Any data or content you input or upload into Hethena (for example, information about a customer, or a file attachment) that infringes someone’s rights or causes harm. If you upload something you shouldn’t (like an image you have no rights to, or personal data without consent) and it results in a privacy complaint, intellectual property infringement claim, or other damage, you agree to indemnify us for the consequences.

  • Third-Party Agreements: Your relationships with third-party providers accessed through Hethena. For instance, if you schedule a lab test through Hethena and then fail to pay the lab or otherwise breach their terms and they pursue us as facilitator, you will indemnify us.


11.2 Indemnification Process: If we are faced with a legal claim or government inquiry that is subject to your indemnification, we will notify you promptly and provide you with the information we have about the claim. You will then defend the claim (using counsel reasonably acceptable to us) or settle it, as appropriate. We have the right to participate in the defense (at our own cost) and to approve any settlement that imposes any obligation on Hethena (however, you may not settle any claim in a way that imposes liability or admission of fault on us without our prior written consent). If you fail to take timely action to defend a claim after reasonable notice from us, we may assume the defense at your expense and seek reimbursement from you. Your obligations under this indemnity are continuous and not limited by any termination of these Terms.


11.3 Healthcare Provider Insurance: We strongly recommend that any healthcare provider using Hethena maintains appropriate professional indemnity insurance and cyber liability insurance. The existence of this Section 11 (indemnity) does not reduce any insurance obligations or coverage you should have. Your indemnification of Hethena should be supported by insurance where possible.


11.4 Limitation: The indemnity in Section 11.1 will not apply to the extent a claim is caused by our own breach of these Terms or wrongful conduct. If Hethena is found legally at fault for something on our end, we would be responsible for that portion. But if a claim is partly our fault and partly yours, the indemnity would apply proportionally to your share.


11.5 Continuing Obligations: The obligations in this Section survive any termination of these Terms or your use of Hethena. In plain terms, even if you stop using Hethena, if a claim later arises from your time using it, you could still be obligated to indemnify us.

12. Termination

12.1 By User (You): You may stop using Hethena and terminate your account at any time for any reason. You can do this, for example, by contacting us to request account deletion or by using any self-service account closure function we provide. Terminating your account will end your access to the Service’s features. If you simply stop using Hethena without explicitly deleting your account, we may contact you after a period of inactivity to confirm if you wish to maintain the account. Please note that termination by you does not automatically entitle you to any refund of fees paid (see Section 5 for the refund policy).


12.2 By Hethena: We reserve the right to suspend or terminate your access to the Service (or certain features of the Service) at our discretion, with or without notice, if we believe: (a) you have violated any provision of these Terms, (b) you are using the Service in a manner that could cause harm or legal liability to Hethena or any other person, (c) we are required to do so by law (for example, if providing the Service to you becomes unlawful), or (d) we decide to discontinue the Service entirely (for all users). We will act reasonably in exercising this right – for example, in most cases of a curable breach, we will attempt to provide you with a warning and an opportunity to fix the issue before terminating. In severe cases (like malicious misuse or clear illegal activity), suspension or termination may be immediate.


12.3 Effect of Termination: Upon termination of your account for any reason:

  • Your right to access or use the Hethena platform will immediately cease. You must stop using the Service and any applicable licences granted to you will end.

  • We will retain your data for a period as required or permitted under Section 7 (Data Use and Storage). After that, we will delete or de-identify personal information in accordance with our data retention policy. If you need to retrieve any data before deletion, please let us know. We are not obligated to retain your data (other than as required by law) after account termination.

  • Any accrued rights or liabilities up to the date of termination (such as any payment obligations, or liabilities for breach of terms, or indemnity obligations) will survive. Termination does not excuse you from any liability you incurred prior to termination.

  • Sections of these Terms that by their nature should survive termination (such as indemnities, limitations of liability, intellectual property provisions regarding use of outputs, and governing law) will continue to apply.


12.4 Discontinuation of Service: If we decide to cease operating Hethena entirely, or cease offering it in Australia, we will make reasonable efforts to inform you in advance (e.g., via email or a notice on our website). We would provide instructions on how users can obtain their data before shutdown. After service discontinuation, all user accounts would be terminated, and these Terms would be deemed terminated (except for surviving clauses). We are not liable to you for compensation or damages solely because of a decision to discontinue the Service’s operations.


12.5 Reinstatement: If your account was terminated by us and you believe the termination was wrongful or if you’ve addressed the issue that led to termination, you can contact us to request reconsideration. We may or may not reinstate accounts at our discretion. Conditions may be imposed for reinstatement (for example, providing assurances or proof of compliance with terms).


12.6 Appeal and Complaints: Consumers in Australia have rights to lodge complaints regarding goods or services. Termination of service does not preclude you from seeking dispute resolution as outlined in Section 13. If you feel your account was terminated unfairly, you may utilize the dispute resolution procedure or seek external mediation as appropriate.

13. Governing Law and Dispute Resolution

13.1 Governing Law: These Terms and any dispute or claim arising out of or in connection with them or the use of Hethena are governed by the laws of Australia. Specifically, since Hethena’s operations are based in the New South Wales (NSW), the laws of the New South Wales and applicable federal laws of Australia will apply. If a dispute goes to court, it will be heard in a court of competent jurisdiction in the NSW, unless you and Hethena agree otherwise. We acknowledge, however, that as a consumer you may have certain rights to bring an action in your local state or territory jurisdiction under consumer laws, and nothing in these Terms is intended to limit any such statutory rights regarding venue.


13.2 Negotiation: We value our users and aim to resolve any concerns amicably. If you have any dispute or issue with Hethena or these Terms, please contact us first and attempt to resolve it informally. You can reach out via our support channels or contact information provided in these Terms. We will make a good faith effort to address your complaint or dispute within a reasonable time. Most issues can be resolved through communication and we welcome the opportunity to do so before any formal proceedings.


13.3 Mediation: If we cannot resolve a dispute through direct negotiation, either party may suggest in writing that we attempt to resolve the dispute through mediation. Mediation is a voluntary process where a neutral third-party mediator helps facilitate a resolution. If both parties agree, we will work together to select a mediator (for example, through the Australian Mediation Association or a similar body) and split the costs of mediation. You and Hethena would then attend the mediation in good faith to try to reach a mutually acceptable outcome. Mediations are confidential and without prejudice to other rights. This step is not mandatory, but it is an option we encourage before resorting to litigation.


13.4 Arbitration: We have not mandated arbitration in these Terms, and you do not waive any right to go to court by using the Service. However, if both parties prefer arbitration for a particular dispute, we can agree to submit the matter to binding arbitration under an agreed set of rules (for instance, the rules of the Resolution Institute in Australia). Any arbitration would take place in English and in a mutually agreed location (or via online/telephone means if appropriate). The decision of an arbitrator could be entered as a judgment in a court. This is entirely optional and would require a separate agreement; by default, disputes may be resolved in court as per Section 13.1.


13.5 Jurisdiction and Venue: Subject to any rights you have under consumer laws to choose a different forum, you and Hethena agree to submit to the exclusive jurisdiction of the courts of the New South Wales for resolution of any dispute arising under these Terms or related to the Service. This means that if a dispute goes to litigation, the primary place it will be resolved is NSW (likely Canberra) courts. If you are a consumer and a court or law allows you to sue in your home state or territory (despite this clause), then that right is not affected – but by default we designate NSW law and courts.


13.6 Injunctive Relief: Notwithstanding the above negotiation process, we both acknowledge that a breach of certain sections (such as misuse of intellectual property, or unauthorized disclosure of confidential information) could cause irreparable harm that cannot be adequately compensated by damages. In such cases, either party may seek injunctive or equitable relief from a court to prevent any ongoing or threatened breach of those obligations, without needing to go through the entire dispute resolution process first. This is a common exception to allow immediate action for urgent issues (like stopping someone from misusing IP while a dispute is resolved).


13.7 Complaints to Regulators: This dispute resolution section does not prevent you (or us) from lodging a complaint with an appropriate government regulator. For example, you have the right to contact the Office of the Australian Information Commissioner (OAIC) if you have a complaint about how your personal information is handled, or the Australian Competition and Consumer Commission (ACCC) or your state’s consumer protection agency if you believe consumer laws have been breached. We hope to solve issues directly, but you are free to seek help from regulators at any time.


13.8 Continuation: This Section 13 survives termination of the Terms. Any dispute arising, even after termination of the relationship, would still be handled as per this section.

14. General Provisions

14.1 Entire Agreement: These Terms (along with any referenced documents like the Privacy Policy) constitute the entire agreement between you and Hethena regarding the Service. They supersede any prior agreements or understandings (whether written or oral) relating to the Service. Any additional or different terms you may propose (for example, in a purchase order or in correspondence) are rejected and will not apply unless we expressly agree in writing.


14.2 Changes to Terms: We may update or modify these Terms from time to time, for example to reflect changes in the law, our services, or for other operational reasons. If we make a significant change, we will provide you with notice (such as by posting the new terms on our website and updating the “last updated” date, or by email notification). Your continued use of Hethena after updated Terms have been posted constitutes acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Service and, if needed, terminate your account. We encourage you to review the Terms periodically to stay informed of any updates.


14.3 Contact Information: If you need to contact Hethena for any reason regarding these Terms or the Service, the following contact information should be used:

  • Email: contact@hethena.com (for general inquiries and support)

We may update our contact information, and if so, we will reflect that on our website. Any formal legal notices to Hethena should be sent in writing to the mailing address above (and a copy via email for speed is appreciated). We will send any official notices to you either to the email address associated with your account or to any mailing address you have provided. It is your responsibility to keep your contact details current.


14.4 No Waiver: If we do not enforce a provision of these Terms, it does not mean we waive our right to do so later. For example, if you breach these Terms and we don’t immediately take action, we are not giving up our right to enforce that breach or any subsequent breach. Any waiver of rights by Hethena must be explicit and in writing.


14.5 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or regulator, that provision will be deemed modified to the minimum extent necessary to make it enforceable (if possible), or if it cannot be made enforceable, it will be severed (removed) from the Terms. The rest of the Terms will remain in full effect. In other words, the invalid part doesn’t invalidate the entire agreement. We would negotiate in good faith a valid substitute provision if needed, maintaining the original intent as much as possible.


14.6 Assignment: You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. For example, you can’t transfer your account to someone else as part of selling your practice, unless we agree and the new party agrees to these Terms. We may assign our rights and obligations under these Terms (for example, in the event of a merger, acquisition, or internal reorganization) by providing notice to you. These Terms will bind and benefit any permitted successors or assigns.


14.7 No Partnership: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Hethena. You are using the Service as an independent party. You have no authority to make any commitments on behalf of Hethena, and vice versa.


14.8 Interpretation: In these Terms, headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. The words “include” or “including” mean “including without limitation.” We’ve used some capitalized terms (like Service, Terms, Privacy Policy) to indicate defined terms referring to what is described in the text.


14.9 Language: These Terms are written in English. If we provide a translation to any other language and there is any conflict, the English version will control (to the extent permitted by law). All communications between us will be in English.


14.10 Customer Support: We strive to provide excellent support. If you have any questions about these Terms or the Service, or if you need assistance, please reach out to us using the contact info in 14.3. We will do our best to help. Your feedback about the Service or these Terms is also welcome, as it can help us improve.

Thank you for reading Hethena’s Terms of Service. We are committed to providing a secure, helpful, and legally compliant clinical decision support platform. By adhering to these Terms, both you and we protect each other’s interests and, most importantly, help ensure that Hethena is used safely and effectively to support better healthcare outcomes.

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