Beta Participation Agreement

1.1 The Company has developed an AI-assisted 360-degree feedback platform designed to support professional revalidation for senior medical staff and general practitioners (Platform).

1.2 The Platform is currently in beta testing. The Company wishes to engage the Participant to test the Platform and provide feedback in exchange for access at a nominal fee.

1.3 The Participant acknowledges that the Platform is a pre-release product and may contain errors, incomplete features, or produce outputs that require further review.

2.1 Subject to payment of the Beta Fee and acceptance of this Agreement, the Company grants the Participant a limited, non-exclusive, non-transferable right to access and use the Platform for one (1) feedback cycle (Beta Service).

2.2 The Beta Service includes:

1. collection and synthesis of peer and patient feedback nominated by the Participant;
2. AI-assisted analysis of feedback against applicable professional standards (including CanMEDS and RACP frameworks);
3. review of AI-flagged items by a clinician-nominated reviewing mentor prior to report finalisation; and
4. delivery of one (1) finalised feedback report (Report).

2.3 The Company will use reasonable endeavours to deliver the Report within one (1) business day of completion of the feedback collection phase.

3.1 The Participant agrees to pay the Company the Beta Fee as notified to the Participant at the time of registration, upon acceptance of this Agreement.

3.2 The Beta Fee is non-refundable once the feedback collection phase has commenced, except where required by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL).

3.3 If the Company is unable to deliver the Beta Service due to a failure on its part, the Company will provide a full refund of the Beta Fee.

4.1 The Platform is a decision-support tool. The Report is intended to assist the Participant's reflective practice and does not constitute:

1. a formal revalidation determination by any medical college, board, or regulatory body;
2. medical, clinical, or professional advice; or
3. a guarantee of any particular revalidation outcome.

4.2 The Participant is solely responsible for how they use the Report in any revalidation, credentialing, or professional development process.

4.3 The Platform incorporates AI-generated analysis. While the Company applies a human-in-the-loop verification process, AI outputs may contain errors or omissions. The Participant should not rely solely on the Report without independent professional judgment.

4.4 The Company does not warrant that the Platform or Report will satisfy the requirements of any particular medical college, hospital, or regulatory body.

5.1 The Participant acknowledges that the Beta Service involves the collection and processing of health information and other personal information, including:

1. peer feedback from colleagues nominated by the Participant; and
2. patient feedback where applicable.

5.2 The Company collects this information solely for the purpose of delivering the Beta Service and will handle it in accordance with:

1. the Privacy Act 1988 (Cth) and the Australian Privacy Principles; and
2. the Company's Privacy Policy, which sets out the Company's data retention, deletion, and de-identification practices.

5.3 The Participant consents to the Company:

1. collecting, storing, and processing their health information and professional feedback data for the purpose of generating the Report;
2. sharing relevant data with the clinician-nominated reviewing mentor for the purpose of the human-in-the-loop review; and
3. engaging third-party AI processing services to analyse feedback data, subject to appropriate data processing agreements.

5.4 The Company will not use the Participant's data to train or improve its AI models without the Participant's separate written consent.

5.5 Data retention and deletion practices are governed by the Company's Privacy Policy.

6.1 The Participant acknowledges that the Platform, its methodology, AI training frameworks, and any non-public information disclosed during the beta period are confidential information of the Company (Confidential Information).

6.2 The Participant must not disclose Confidential Information to any third party without the Company's prior written consent, except as required by law.

6.3 This obligation survives termination of this Agreement for a period of two (2) years.

6.4 The Company will keep the Participant's personal information, health information, and Report confidential and will not disclose it to any third party except as set out in clause 5 or as required by law.

6.5 Mandatory Reporting to AHPRA

1. Notwithstanding clause 6.4, the Company acknowledges that feedback received through the Platform may, in certain circumstances, give rise to mandatory reporting obligations under the Health Practitioner Regulation National Law (National Law) as adopted in New South Wales and other applicable jurisdictions.
2. Where the Company reasonably forms the view that information received through the Platform constitutes notifiable conduct or otherwise triggers a mandatory reporting obligation under the National Law, the Company reserves the right to make a report to the Australian Health Practitioner Regulation Agency (AHPRA) or the relevant National Board, notwithstanding any confidentiality obligations under this Agreement.
3. The Company will use reasonable endeavours to notify the Participant prior to making any such report, except where:
   1. prior notification is not practicable in the circumstances; or
   2. prior notification would, in the Company's reasonable opinion, compromise the safety of any person or the integrity of any regulatory process.
4. The Participant acknowledges that the Company's obligation to report under the National Law cannot be excluded or limited by agreement, and that nothing in this Agreement prevents the Company from complying with its legal obligations.
5. Any report made in good faith under this clause does not constitute a breach of this Agreement or the Company's Privacy Policy.

7.1 In consideration of the reduced Beta Fee, the Participant agrees to:

1. provide honest and constructive feedback on the Platform's usability, accuracy, and overall experience within the timeframe set out in the Company's Privacy Policy;
2. participate in one (1) feedback session of up to 30 minutes with a Company representative if requested; and
3. notify the Company promptly of any errors, defects, or unexpected outputs encountered during the beta period.

7.2 Feedback provided by the Participant may be used by the Company to improve the Platform. The Company will not attribute feedback to the Participant by name without their consent.

8.1 All intellectual property rights in the Platform, including the AI models, methodology, and Report template, remain the property of the Company.

8.2 The Participant retains ownership of their personal data and the content of their Report.

8.3 The Participant grants the Company a limited, non-exclusive licence to use de-identified and aggregated data derived from the beta period for the purpose of improving the Platform.

9.1 To the maximum extent permitted by law, the Company's total liability to the Participant under or in connection with this Agreement is limited to the amount of the Beta Fee paid.

9.2 The Company is not liable for any indirect, consequential, special, or incidental loss or damage arising from the Participant's use of the Platform or Report, including any adverse revalidation outcome.

9.3 Nothing in this Agreement excludes, restricts, or modifies any right or remedy the Participant may have under the ACL that cannot be excluded by agreement.

10.1 The ACL implies certain guarantees into contracts for the supply of services to consumers that cannot be excluded. These include guarantees that services will be provided with due care and skill and will be fit for the purpose for which they are supplied.

10.2 Where the ACL applies, the Company's liability for a failure to comply with a consumer guarantee is limited, to the extent permitted by section 64A of the ACL, to resupply of the services or payment of the cost of having the services resupplied.

11.1 Either party may terminate this Agreement by written notice if the other party materially breaches this Agreement and fails to remedy the breach within 10 business days of receiving written notice.

11.2 The Company may terminate this Agreement immediately if the Participant breaches clause 6 (Confidentiality).

11.3 On termination, the Participant's access to the Platform ceases. Clauses 4, 5, 6, 8, and 9 survive termination.

12.1 Governing law: This Agreement is governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

12.2 Entire agreement: This Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior representations, negotiations, and understandings.

12.3 Variation: This Agreement may only be varied by written agreement signed by both parties.

12.4 Severability: If any provision of this Agreement is unenforceable, it is to be read down to the minimum extent necessary to make it enforceable. If it cannot be read down, it is severed without affecting the remaining provisions.

12.5 Waiver: A failure to exercise or delay in exercising a right under this Agreement does not constitute a waiver of that right.

By proceeding with payment of the Beta Fee and accessing the Platform, the Participant agrees to be bound by the terms of this Agreement. The Company's authorised representative details are set out in the Company's Privacy Policy.