Last Updated: 07 May 2026

Terms of Use

Background

• These “Terms of Standard Software Licence” (Terms) are the standard software licence terms for the licence of our software (Software) referred to on our online order form (Order Form) at the website https://my.3dicomviewer.com/ (Website), and form part of the contract between Singular Health Pty Ltd (ABN 49 636 261 919) (Singular Health or we) and you.
• These Terms provide a right to access and use the Software and not an agreement for sale.
• These Terms set out the rights and conditions upon which you may access and use the Software. Singular Health reserves all rights not expressly granted in these Terms.
• If you are a U.S. resident or otherwise subject to the laws of the U.S., please review our Terms of Service – U.S. (U.S. Terms). If these Terms and the U.S. Terms conflict, then the U.S. Terms govern to the extent of the inconsistency.

PLEASE READ THESE TERMS CAREFULLY. BY ORDERING AND ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AFFIRM TO SINGULAR HEALTH THAT:

• YOU ARE LEGALLY COMPETENT TO ENTER INTO AND BE BOUND BY CONTRACTS.
• YOU HAVE READ AND UNDERSTAND THESE TERMS AND YOU AGREE THAT THEY ARE LEGALLY BINDING UPON YOU.
• YOU HAVE READ AND UNDERSTOOD OUR PRIVACY POLICY.

IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR LEGAL ENTITY, YOU WARRANT THAT YOU HAVE THE AUTHORITY TO ACCEPT THESE TERMS ON BEHALF OF THAT PERSON OR ENTITY. When used in these Terms, “you” means (as context dictates) the individual or legal entity that uses the Software.

If you do not accept and comply with these Terms, you are not authorized to use the Software and you must inform us immediately.

THESE TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR RELATIONSHIP WITH SINGULAR HEALTH AND HOW DISPUTES BETWEEN US ARE RESOLVED. Except for certain kinds of disputes described below and where permitted by law, these Terms contains provisions that limit our liability to you and require you to resolve any dispute with us through binding arbitration on an individual basis and not as part of any class or representative action.

Please see “Agreement to Arbitrate” below for more information.

If you have any questions regarding the Software or these Terms, then please contact support@singular.health before continuing use of the Software.

The contract between Singular Health and you is formed upon your acceptance of the Order Form on the Website, and these Terms form part of that contract, as applicable.

Software Licence

By using the Software and subject to your compliance with these Terms, you acknowledge and agree that:

• Singular Health grants you a limited, non-exclusive, non-transferable, non-sub-licensable and revocable licence (Licence) for your use, and the use of any person employed and/or contracted by you (Authorised Users), to access and use the Software during the agreed term of the Licence and in the Territory set out in the Order Form;
• the License includes a limited, revocable, and non-transferable license to install and use our mobile applications (Mobile Apps) on devices you own or have a legal right to use in accordance with these Terms;
• if Singular Health provides any ancillary products to you, other than third party software, (Ancillary Products), the Ancillary Products will also be supplied in accordance with these Terms;
• if Singular Health provides any third party software to you, the third party software will be supplied in accordance with the applicable third party licence agreement and is not warranted or otherwise endorsed by Singular Health.
• Singular Health reserves all rights that are not expressly granted in these Terms. 

Accounts

• You must create an account.  To create an account, you must (i) choose a username and password (Account Credentials); (ii) provide true, accurate, current and complete information and maintain that information as accurate, current and complete; and (iii) use appropriate safeguards to maintain the confidentiality and security of Account Credentials.
• You are solely responsible for using appropriate safeguards to maintain the confidentiality and security of your Account Credentials, and you accept responsibility for all activities that occur using your Account Credentials.
• You are responsible for the security of the equipment from which the Software is accessed;
• It is your responsibility to ensure the secured use of the Software and to be informed as to who are the Authorised Users; and
• You are liable and responsible for the management of your information, and any information that you access or receive through using the Software, such that it is compliant with all relevant legislation in the jurisdiction in which you operate.

Singular Health may, in its sole discretion, suspend or terminate Account Credentials and the License if account information is inaccurate, out of date or incomplete (or if we reasonably believe it is). If you believe that your account is no longer secure, then you must immediately notify us at support@singular.health.

Subscriptions

You need a service plan subscription to access and use the Software and Mobile Apps (Subscription).

SUBSCRIPTIONS ARE SUBJECT TO AUTOMATIC RENEWAL. THIS MEANS THAT, WHERE PERMITTED BY APPLICABLE LAW, YOUR ACCOUNT IS CHARGED AUTOMATICALLY AT THE STATED FREQUENCY UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE YOUR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS.

Pricing for Subscriptions is confirmed during the order process at www.3dicomviewer.com/pricing/. You agree to pay the price stated during the ordering process as well as any applicable taxes. Applicable taxes may vary and Singular Health may not be able to notify you in advance of changes in applicable taxes. You also agree to the billing frequency and automatic renewal terms during your ordering process. Without limiting Singular Health’s other rights and remedies, You agree to pay interest for any unpaid fees at the lesser of 1% per month and the highest monthly rate permitted by law. You are responsible for your Internet Service and all fees and similar charges from third-party service providers.

Prices for Subscriptions include applicable taxes. Prices are subject to change at any time, but changes will not affect an already confirmed order. In case of any change after you have placed an order but prior to receiving our confirmation of your order, we will inform you of the changes and request that you re-confirm your order on the amended terms. Your eligibility for promotional pricing or other discounts is determined at the time of the order and is not applied retroactively.

We reserve the right to change the pricing, availability and features of Subscriptions. Changes will not affect any order already confirmed. If Singular Health changes the pricing, availability and features of your current Subscription, Singular Health will provide 30 days’ prior notice (or a longer period if required by law) and you may cancel your Subscription at any time.

Subscriptions are automatically renewing and require recurring payments at the stated frequency (a Subscription Period). You may cancel your Subscription with at least one month’s notice to Singular Health prior to the end of the Subscription Period. If you do not cancel, then your Subscription is automatically renewed for the Subscription Period agreed on your Order Form and you authorize Singular Health to automatically charge you. Either you or Singular Health can terminate the Subscription at any time. If you terminate the Subscription, it will remain active until the end of the current Subscription Period.

Please see the Order Form for information about your statutory rights of cancellation. The terms in this do not supersede your statutory rights of cancellation.

Once a Subscription is associated with an account, you cannot transfer your Subscription to another account, including to a family member’s account.  Subscriptions are personal and, to the extent permissible under applicable law, cannot be resold or transferred.

EXCEPT AS OTHERWISE STATED ON THE ORDER FORM OR AS REQUIRED BY APPLICABLE LAW, THE SUBSCRIPTION FEE IS NONREFUNDABLE. If you cancel your Subscription before the end of a Subscription Period, you are not entitled to receive any refund or credit for the time remaining in the then-current Subscription Period but you will continue to receive Subscription benefits until the end of that Subscription Period.

Restrictions on Use

You agree that you will:

• only allow the Software and any Ancillary Products to be used by the Authorised Users in accordance with these Terms, and any documents accompanying the Software, for your own personal purposes or, if you are an enterprise customer, for the purposes of your business, and for no other purpose;
• ensure that the Software and any Ancillary Products are protected at all times from misuse, destruction or any forms of unauthorised use including fully securing Account Credentials;
• not allow the Software or any Ancillary Products to be used or accessed by any third party who is not an Authorised User; and
• not sell, sub-licence, assign or in any other way transfer the Software or any Ancillary Products to any third party, unless specifically authorised by Singular Health in writing and any such use will be subject to these Terms and such other terms as may be specified in writing by Singular Health.

You are solely responsible for:

• decisions and actions based on use of the Software;
• fees, including Internet connection or mobile fees, incurred when accessing the Software and Mobile Apps;
• compliance with all applicable laws and regulations related to use of the Software and Mobile Apps;
• use of reasonable and appropriate administrative, physical and technical safeguards to protect against unauthorized access to or use of Account Credentials and the Software and Mobile Apps;
• reasonably cooperating with Singular Health when Singular Health believes your use of the Software or Mobile Apps violates law, our Privacy Policy, or any other part of these Terms; and
• the hardware and other equipment and Internet connection through which you access and use the Software (including operation, maintenance and management) and Mobile Apps and all access to and use of the Software and Mobile Apps directly or indirectly through that equipment and Internet connection, whether or not authorized.

Acceptable Use

You will not (and will use best efforts not to enable a third party to):

• сopy, modify, frame, mirror or create derivative works or improvements of the Software or Mobile Apps;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any of the Software or Mobile Apps to any third party;
• reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Software or Mobile Apps, in whole or in part;
• bypass or breach any security device or protection used for the Software or Mobile Apps or access or use the Software or Mobile Apps other than through your own valid Access Credentials;
• input, upload, transmit or otherwise provide to or through the Software or Mobile Apps any information or materials that are unlawful or injurious to Singular Health or any third party or contain, transmit or activate any virus, worm, malware or other malicious computer code;
• damage, destroy, disrupt, disable, impair or otherwise impede or harm in any manner the Software, Mobile Apps or Singular Health’s provision of them, in whole or in part;
• remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notice from any of the Software, Mobile Apps or technology and services provided by a third party that interoperate with or otherwise support the Software (Third Party Materials), including any copy thereof;
• access or use the Software, Mobile Apps or Third-Party Materials in any manner or for any purpose that infringes, misappropriates or otherwise violates any right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction or disclosure of the data of any other customer) or that violates any applicable law;
• access or use the Software or Mobile Apps for purposes of competitive analysis, the development, provision or use of a competing product or service or any other purpose that is to Singular Health’s detriment or commercial disadvantage; or
• otherwise access or use the Software or Mobile Apps beyond the scope of the authorization expressly granted under these Terms.

The Software and Mobile Apps are not intended for use by children.

Term and termination

The term of the Licence is set out in the Order Form. Any renewal of the term of the Licence must be agreed in writing with Singular Health.

Termination for Cause

• Singular Health may terminate its agreement with you if you or an Authorised User breaches these Terms (immediately where the breach is not capable of remedy, or if capable of remedy, is not remedied within 7 days after Singular Health notifying you to so remedy in writing) or fails to make payment in accordance with the Order Form and does not remedy such non-payment within 7 days after Singular Health notifying you in writing.
• Unless otherwise agreed by Singular Health, at its discretion and in writing, your right to the License will terminate immediately if you cease business operations, make a general assignment for the benefit of creditors or if you become insolvent.
• You may terminate your agreement with Singular Health if Singular Health materially breaches these Terms (immediately where the breach is not capable of remedy, or if capable of remedy, is not remedied within 7 days of you notifying Singular Health to so remedy in writing).
• If at any time you have used the Software, Mobile Apps and or any Ancillary Products in breach of this Agreement or otherwise in a way which is reasonably likely to materially damage Singular Health’s business interests, Singular Health may, after notifying you in writing, limit or reduce the capacity and or any aspects of usage by you of the Software, Mobile Apps and/or Ancillary Products and or terminate your license to use such Software, Mobile Apps and/or Ancillary Products, and you shall not be entitled to make any claim of whatsoever nature against Singular Health for any such reduction, amendment and or termination of usage by you.
• Notwithstanding any term, Singular Health may terminate its agreement with you upon 14 days’ notice, for any reason outside of a breach by you of any of these Terms, and in such respect, you shall be entitled to a refund of fees paid (if any) that relate to any period past the respective termination date.
• Should this agreement be terminated for any reason, Singular Health will retain any information relating to you or your Authorised Users for sixty (60) days (Retained Information). On written request, Singular Health will provide you with the Retained Information. After sixty (60) days, Singular Health will take all steps to permanently erase all of the Retained Information which we hold.

Indemnification and disclaimers

Liability under law

Nothing in this Agreement shall limit or exclude the liability of either party for:

• death or personal injury resulting from its negligence;
• fraud or fraudulent misrepresentation; or
• any liability that may not otherwise lawfully be limited or excluded.

Liability

You agree that Singular Health is not liable to you or any party for any indirect, special or consequential loss or damage including liability for loss of profits, loss of business opportunity, loss of savings or loss of data in connection with these Terms.

Indemnification

You and Authorized Users agree to defend, indemnify and hold harmless Singular Health, its directors, officers, employees and agents, from and against any and all third party loss, third party damages, and third party liability (including attorney’s fees) of any kind arising from your, or an Authorized User’s, breach of these Terms or the use or misuse of the Software.

Disclaimer

• You acknowledge and agree that the Software, Mobile Apps and Ancillary Products are supplied for use as an enhancement only, and must not be solely relied upon when making medical decisions or performing medical procedures. You further agree to procure that the Authorized Users acknowledge and agree to the provisions of this clause. To the extent permitted by law, Singular Health is not responsible or liable for any claims whatsoever in relation to the user of the Software, Mobile Apps and/or Ancillary Products, to the extent permitted at law in any relevant jurisdiction.
• You acknowledge and agree that the Authorized Users must make their own judgements and decisions when making medical decisions and performing medical procedures and to the extent permitted by law, you hereby release and indemnify Singular Health against any liability caused by the improper use of the Software, Mobile Apps and Ancillary Products.

Updates & Enhancements

• You and the Authorized Users may access the Software and Mobile Apps but do not have any right to receive a copy of the object code or source code of the Software or Mobile Apps.

Singular Health may, in its sole discretion, make enhancements, updates or new releases of the Software or Mobile Apps available from time to time in order to, among other things, enhance or improve the functionality or operation of the Software or to perform other work that Singular Health deems necessary (collectively, Updates).  Whenever possible, Singular Health will provide you with reasonable, advance notice (which may include notice by way of posting in the Mobile App) of material Updates to enable you to prepare for the Updates. You acknowledge and agree that Updates made to comply with applicable law may not allow Singular Health to provide advance notice of Updates.

Singular Health wants you to use the most recent version of a Mobile App and Software to ensure you have the latest features, bug fixes and more. You acknowledge that you may be required to install Updates to use them and you agree to promptly install Updates. By downloading or installing a Mobile App or using the Software, you consent to the installation of the Updates. You agree to use the most current version of each Mobile App available in Apple App Store or Google Play and the most current version of the Software. Singular Health may only support the most current version of the Mobile Apps and Software.

In some cases, some Updates may be installed automatically. YOU AGREE TO THE AUTOMATIC INSTALLATION OF UPDATES. You can withdraw your consent at any time by uninstalling a Mobile App and/or by otherwise stopping your use of the Software. 

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE that the Updates may (i) cause your mobile telephone, computer and/or network equipment to automatically communicate with Singular Health’s (or one of its third-party service provider’s) servers to deliver the functionality described in these Terms and to record Data, (ii) affect app-related preferences or data stored in your mobile device, and (iii) collect personal information and other information, as described in the Privacy Policy. You also acknowledge, understand and agree that your telecommunications services provider may impose data charges when you install Updates.

Certain modifications to the Software or Mobile App that add new features or functionality (Enhancements) are made available at Singular Health’s discretion upon the payment of additional fees, if any.

We reserve the right to modify, limit or discontinue the Software or Mobile App at any time (including by limiting or discontinuing certain features), temporarily or permanently, by providing reasonable prior notice.

Singular Health may elect to limit, discontinue or deprecate certain functionality or features after providing reasonable prior notice.  Whenever possible, Singular Health will provide at least ninety (90) days’ advance notice of deprecation of any material function (and any related support).  You acknowledge and agree that deprecations made to comply with applicable law may not allow Singular Health to provide advance notice.

To the fullest extent permitted by law, Singular Health will have no liability to any third party for any change to the or any suspension or termination of your access to or use of the Software and Mobile App made in accordance with these Terms.

Changes to these Terms

We reserve the right to modify these Terms from time to time to reflect changes to the Software and Mobile App, industry requirements or applicable law. Singular Health will provide notice at least thirty (30) days in advance of modifications to these Terms that reduce or limit your legal rights.  Singular Health will send notifications of material modifications by email using the email address(es) associated with your Account Credentials and through a notice posted in the Software and Mobile App. If you do not accept the modified Terms, you have the right to cancel your Subscription prior to the end of this notice period. Otherwise, if you do not cancel, the modified Terms will become effective upon your acceptance or thirty (30) days after notifying you, whichever is earlier.  You agree that Singular Health may notify you of non-material changes to the Terms by posting a notice on the Website.  You acknowledge and agree that changes to applicable law may prevent Singular Health from providing advance notification.

Disputes arising under these Terms will be resolved in accordance with the version of these Terms in effect at the time the dispute arose.

Availability

You acknowledge that the Software and Mobile Apps are not error-free or 100% reliable or available. The Software and Mobile Apps may be interrupted, delayed, or otherwise limited for a variety of reasons, such as insufficient coverage, power outages, termination of service, environmental conditions, interference, non-payment of applicable fees, system capacity, repairs, relocations and priority access by emergency responders in the event of a disaster or emergency (Service Interruptions). You understand that Service Interruptions may make the Software and Mobile Apps unreliable or unavailable for the duration of the Service Interruption.  Although Singular Health uses commercially reasonable efforts to notify you of Service Interruptions, Singular Health cannot and does not guarantee that you will receive these notifications.  YOU AGREE THAT YOU WILL NOT RELY ON THE SOFTWARE AND MOBILE APPS FOR ANY LIFE, SAFETY OR CRITICAL PURPOSES.  You agree that you will not be entitled to any refund or rebate for Service Interruptions or suspensions.

Assignment

You must not assign or transfer or purport to assign or transfer any or all of your rights, obligations or liability under these Terms or any contract with Singular Health which incorporates these Terms to any other person without the prior written consent of Singular Health.

Confidentiality

• You agree to maintain in confidence all confidential information concerning the business activities or affairs of Singular Health, including these Terms and details of all of Singular Health’s intellectual property, (Confidential Information) and not to use or disclose Singular Health’s Confidential Information without express written consent.
• If you are an enterprise customer, Singular Health agrees to maintain in confidence all Confidential Information concerning your or any authorised user’s business activities or affairs, including these Terms, and not to use or disclose Singular Health’s Confidential Information without its express written consent.
• Each party will protect any Confidential Information it receives with the same standard of care that it uses to protect its own confidential information, but in no event less than a reasonable degree of care. For the purposes of this clause, Confidential Information means all information (including the existence and subject matter of these Terms) of a confidential nature in any form or medium that is not publicly available, and you acknowledge and agree that this includes business and technical information incorporated into the Software or any software or other technology contained therein.Subject to this clause, either party may only reproduce or use Confidential Information for the reason of performing your obligations under these Terms, unless expressly permitted by this Agreement, with the other party’s written consent, or if required to do so by law or any regulatory authority.
• The obligation under the above clause does not apply to the extent that retention of Confidential Information is required (in the case of Singular Health) for back-up, archive and disaster recovery purposes,

Your Data & Services Data

• You are solely responsible and liable for the content and accuracy of your data, and the data of your Authorized Users, including all web information, personal information, documents and records, (collectively Your Data) and compliance with any applicable laws in respect of management and use of your Data.
• Your Data belongs to you. Singular Health makes no claim to any right of ownership in it.
• You expressly acknowledge that Your Data excludes data generated by or derived from use of the Software and Mobile Apps by Authorized Users (Services Data) In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to Singular Health all right, title and interest you may have in and to Services Data.
• To the extent that Your Data contains personal information, Singular Health agrees that it will only collect, use, disclose, store, transfer and otherwise handle such personal information in accordance with its Privacy Policy, located here.
• You warrant that Your Data and all software materials and information supplied by or on behalf of you or an Authorized User to Singular Health, and all use thereof by Singular Health for the purposes of its contract with you, will not infringe the rights or privacy of any person or breach any law or regulation.
• You consent to a copy of your data, or information extracted or derived from Your Data by Singular Health, to be used by Singular Health for the purposes of marketing, research and analysis and general business operations. You may withdraw your consent at any time by contacting us using the details set out in the Privacy Policy, located here. Any such withdrawal does not affect the validity of consent previously provided by you.

Intellectual property

• As between you and Singular Health, you agree that Singular Health at all times remains the owner of all copyright, trademark rights, patent rights, design rights, whether registered or unregistered, and all other rights to intellectual property relating to the Software. Mobile Apps and Singular Health’s business, including all present and future rights to intellectual property of every kind (Singular Health IP) and that these Terms do not prevent, limit or restrict Singular Health from using or exploiting Singular Health IP.
• Other than as expressly set forth in these Terms, Singular Health does not grant to you any other rights or licences of any kind and all implied rights and licenses are hereby expressly excluded.

You grant Singular Health a worldwide, non-exclusive, sub-licensable, transferable licence to use Your Data for any valid purpose in connection with providing the Software and any related services to you. By providing Your Data to or through the Software and Mobile Apps to other users of the Software and/or Mobile Apps, you also grant those users a non-exclusive license to access and use Your Data as permitted by these Terms and the functionality of the Software and Mobile Apps.

With respect to Third-Party Materials, the applicable third party owns all right, title and interest, including all intellectual property rights, in and to Third-Party Materials. You have no right, license or authorization with respect to Third-Party Materials except as expressly set forth in the applicable third-party license. All other rights in and to the Third-Party Materials are expressly reserved by the applicable third-party licensor.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Software or Mobile Apps (Feedback), then you grant Singular Health a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of and otherwise exploit in any manner all Feedback. You also acknowledge and agree that Singular Health may publish your Feedback on its website and attribute that Feedback to you.

Warranties and consumer rights

• Singular Health warrants that the Software, when used properly, will perform substantially as described on the Website and any materials that accompany the Software. This limited warranty does not cover problems that you cause, that arise when you fail to follow instructions, or that are caused by events beyond the reasonable control of Singular Health.

If the Australian Consumer Law applies to you, the license of the Software comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.
• You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

• Disclaimer: Other than the limited warranty described above, Singular Health gives no other express warranties, guarantees or conditions (including that the Software and Mobile Apps are fit for purpose or meet your requirements) and, subject to any obligations implied by law and which cannot be excluded (as applicable in a relevant jurisdiction), Singular Health has no liability to you whatsoever for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) arising in connection with or out of the use of the Software, Mobile Apps or Ancillary Products, any flaws in the software or defects in the Software, Mobile Apps and/or Ancillary Products, and or any restricted usage of the Software, Mobile Apps and/or Ancillary Products, whether such liability arises in contract, tort including negligence, statute or otherwise.
• If Singular Health breaches its limited warranty, it will, at its election, either (i) repair or replace the Software at no charge; or (ii) accept return of the Software for a refund of the amount paid by you, if any. These are your only remedies for breach of warranty, subject to applicable laws.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SOFTWARE OR MOBILE APPS AND YOUR DEALING WITH ANY OTHER CUSTOMER OR USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SOFTWARE OR MOBILE APPS AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SOFTWARE OR MOBILE APPS) OR ANY LOSS OF DATA, INCLUDING CUSTOMER AND USER CONTENT.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE ANY WARRANTIES THAT CANNOT AT LAW BE EXCLUDED.

THE EXCLUSIONS AND DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM OR EXCLUDE ANY RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

To the extent permitted by the relevant law and subject to the provisions of this clause, you agree to indemnify, release, discharge and hold harmless Singular Health, its directors, employees, officers, contractors and overseas agencies from and against any and all losses, liabilities, damages, costs and expenses suffered or incurred by you and any third parties howsoever arising in connection with your unauthorized use of the Software or Mobile Apps and any dispute or issue between you and any third party in relation to the foregoing; or your violation of any third-party intellectual property, publicity, confidentiality, privacy or other legal property. You agree to cooperate with our defense of those claims.

Disputes; Agreement to Arbitrate

• You must try to resolve any dispute with Singular Health in relation to these Terms directly for 60 days before taking any further action.
• Any dispute not resolved directly within 60 days must then be submitted to arbitration in Australia in accordance with, and subject to, the Resolution Institute Arbitration Rules.
• Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute, Australia.

Nothing in these Terms of Use restricts any right that you, or an Authorised User, has under law to complain or take action directly against Singular Health, including to an Australian regulatory or enforcement body.

General provisions

GST/VAT

Any prices quoted on our Website are exclusive of GST, VAT or other similar taxes unless otherwise stated. You must pay such additional taxes to Singular Health.

Independent contractors

You and Singular Health are independent contractors and or a customer supplier relationship respectively with respect to each other. Nothing in these Terms will create an employer-employee relationship, a partnership, agency relationship or a joint venture between the parties.

Survival

Any indemnity or any obligation of confidence under these Terms is independent and survives termination of these Terms. Any other term by its nature intended to survive termination of these Terms survives termination of these Terms.

Entire Terms

The Order Form, these Terms and any other terms stated to apply pursuant to the Order Form constitute the entire set of terms that apply to the Licence and use of the Software and Mobile Apps and supersede all previous agreements or understandings between the parties in connection with the Licence and the Software and Mobile Apps.

This clause does not restrict the application of any prior statements or representations, liability for which cannot be excluded or limited under law.

Exclusivity

The rights granted to an Authorized User to use the Software are personal and non-exclusive, and nothing will prevent Singular Health from providing the Software to any third party.

Severability

A term or part of a term of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining terms or parts of the terms of these Terms continue in force.

A term or part of a term of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining terms or parts of the terms of these Terms continue in force.

Waiver

You and Singular Health do not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

Governing Law

These Terms are governed by and construed under the law in the State of Western Australia. You and Singular Health each irrevocably and unconditionally submit to the non-exclusive jurisdiction of any court in Western Australia.

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End of Terms of Use