Terms of use

1. These terms, and the agreement that overrides them

These terms apply to your access to and use of Echo Pathways and this website. Where your organisation has signed a separate written agreement with us — an evaluation agreement, a research collaboration, a data processing agreement or a subscription — that agreement prevails over these terms to the extent of any inconsistency. These terms fill the gaps; they do not displace it.

2. Who may use it

Echo Pathways is made available to qualified health professionals and to research and clinical-governance staff acting within a healthcare service that has entered into an agreement with us. It is not made available to patients or to the general public. You must be authorised by your organisation to use it, and you must use it within the scope of that authorisation.

3. Clinical responsibility

This section is the most important one on this page.

• Echo Pathways recommends; a human decides. Every consequential action requires a qualified health professional to authorise it. The system does not auto-execute.
• Every output must be reviewed and verified by a qualified health professional before it is acted upon.
• Echo Pathways does not diagnose, does not prescribe, does not provide treatment advice, and does not replace clinical judgement.
• It is a safety net, not a complete one. It surveils only what its protocols were authored to surveil, and only results that reach the systems it is connected to. Its silence is not an assurance that nothing is wrong.
• The treating clinician and the healthcare service remain responsible for patient care. Nothing in the product, and nothing in these terms, transfers that responsibility to us.

4. Protocols are your clinical content

A protocol goes live only after clinical sign-off by your organisation's governance process. You are responsible for the clinical correctness of the protocols your organisation authors or approves, and for reviewing them when the underlying clinical guidance changes. We are responsible for executing them faithfully, deterministically, and replayably — and for showing you exactly what was executed.

5. Acceptable use

You must not:

• use Echo Pathways for any purpose other than clinical result surveillance within the scope of your agreement — it is a clinical instrument, and using it outside its intended purpose is unsafe as well as prohibited;
• use it as the sole basis for a clinical decision, or represent to any person that it is certified, approved or cleared when it is not;
• share credentials, or allow access by anyone not authorised by your organisation;
• attempt to re-identify any de-identified data, or upload data you are not lawfully entitled to process;
• reverse-engineer, decompile, scrape, or attempt to derive the source of the service, or probe or test its security without our written permission (responsible disclosure is welcome — see below);
• resell, sublicense or redistribute the service; or
• use it unlawfully, or in breach of your professional obligations.

6. Availability

Echo Pathways is provided on an evaluation basis and we do not offer an uptime guarantee under these terms. Any service-level commitment must be in your written agreement. You must not design a clinical workflow that depends on the availability of Echo Pathways for its safety — the underlying record system and the clinician's own processes must remain sufficient without it.

7. Intellectual property

We retain all rights in Echo Pathways, its engine, its interfaces and its documentation. You retain all rights in your clinical data and in the protocols your organisation authors. We do not acquire any right to your patient data beyond what is necessary to provide the service, and — as set out in our privacy policy — we do not train models on it.

8. Warranties

To the maximum extent permitted by law, Echo Pathways is provided "as is" and we exclude all implied warranties, including fitness for a particular purpose. We do not warrant that the service will be uninterrupted, error-free, or that it will detect every clinically significant event.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for a failure to comply with a consumer guarantee can be limited, it is limited to re-supplying the service or paying the cost of having it re-supplied.

9. Liability

Subject to section 8:

• Neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or data.
• Our total aggregate liability arising out of or in connection with the service is limited to the fees paid by your organisation in the 12 months preceding the event giving rise to the claim, or AUD $100 where no fees have been paid.
• Because the product is pre-market and supplied for evaluation, we disclaim liability for any clinical decision made in reliance on its output — the requirement that a qualified health professional independently reviews and authorises every action is the condition on which it is supplied.

Nothing in this section limits liability for fraud, or for death or personal injury caused by our negligence, to the extent that liability cannot lawfully be limited.

10. Suspension and termination

We may suspend access immediately if we believe the service is being used unsafely, outside its intended purpose, or in breach of section 5 — and we will tell you why. Either party may terminate an evaluation on the notice set out in the written agreement. On termination we will return or delete data in accordance with that agreement and our privacy policy.

11. Safety and security reporting

If you believe Echo Pathways has behaved unsafely, tell us — every decision is replayable, so a specific report can be investigated exactly. Report clinical safety concerns to safety@echo-pathways.com. Report security vulnerabilities to security@echo-pathways.com; we will not pursue good-faith researchers who follow responsible disclosure.

12. Changes to these terms

We may update these terms. Where a change is material we will notify the services we work with directly, and the version and date above will change. Continued use after a change means you accept it.

13. Governing law

These terms are governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that state.

14. Contact

Visualisation Hub Pty Ltd, trading as Echo Pathways.
General: partners@echo-pathways.com
Clinical safety: safety@echo-pathways.com
Security: security@echo-pathways.com