TERMS OF USE

INTRODUCTION

These Terms of Use (the "Terms") govern access to and use of the Moana Digital Health platform (the "Platform") operated by Moana Digital Health Pty Ltd (ACN 694 101 052 / ABN 41 694 101 052), with its registered office at St Kilda Road, Melbourne, Victoria 3004, Australia ("Moana"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

These Terms apply to all Authorised Users, including medical practitioners, nurses, allied health professionals, pharmacists, laboratory technicians, administrative staff, and any other person authorised by a healthcare organisation to access the Platform.

II.

DEFINITIONS

In these Terms, defined terms have the meaning given in the Master Services Agreement (MSA) between Moana and the healthcare organisation that has authorised your use. Key terms used in these Terms include:

• "Authorised User" means you — an individual authorised by a healthcare organisation to access the Platform

• "Platform" means Moana's healthcare infrastructure software and all associated services

• "Client" means the healthcare organisation that has entered into an MSA with Moana and authorised your access

• "Health Records" means patient health information, clinical data, and related records managed through the Platform

III.

AUTHORISATION AND ELIGIBILITY

Access to the Platform is granted only to individuals who: (a) are authorised by a healthcare organisation that has a valid MSA with Moana; (b) have been assigned valid login credentials by their organisation; (c) are acting in their professional capacity as a healthcare professional, administrator, or other authorised role; (d) have completed Moana-recommended training as specified by their organisation; and (e) are legally permitted to access health records in the context of their role under applicable law.

You represent and warrant that: (a) all information provided at registration and during use is accurate and current; (b) you possess all professional registrations, qualifications, and licences required to carry out your stated role; and (c) your use of the Platform complies with your professional registration obligations and code of conduct.

IV.

ACCOUNT SECURITY

You are responsible for:

• Maintaining strict confidentiality of your login credentials, including passwords, PINs, OTPs, and any biometric authentication data

• Never sharing your credentials with any other person under any circumstances

• Logging out of the Platform after each session, and particularly when using shared or unattended devices

• Immediately notifying your organisation's system administrator and Moana's support team (at contact@moanadigitalhealth.com) if you suspect your account has been compromised, credentials have been shared without your knowledge, or any unauthorised access has occurred

• Ensuring devices used to access the Platform are secured with appropriate device-level controls (PIN, biometric lock, up-to-date security software)

Moana implements session tracking and may automatically terminate sessions that appear inactive, suspicious, or originating from unrecognised devices. You accept responsibility for all activity conducted under your credentials until Moana receives notification of compromise.

V.

PERMITTED USE

You may only use the Platform:

• For authorised healthcare purposes within the scope of your professional role and as directed by your healthcare organisation

• In accordance with your organisation's clinical governance policies, access policies, and applicable professional standards

• In compliance with all applicable laws including health records legislation, professional registration requirements, and Privacy Laws

• To access only those patient records and system functions that you are authorised to access by your role and your organisation's access control policies

• For the benefit of patients whose care you are directly involved in, or for authorised administrative functions within your role

VI.

PROHIBITED CONDUCT

You must not:

• Access, copy, download, print, screenshot, or disclose patient data or Health Records without authorisation or in violation of applicable Privacy Laws or professional obligations

• Access patient records for which you have no legitimate clinical or administrative justification (including records of family members, colleagues, or public figures, unless you are their treating clinician)

• Use the Platform for any purpose other than authorised healthcare operations

• Attempt to gain unauthorised access to any part of the Platform, other user accounts, databases, or connected systems

• Introduce viruses, malicious code, unauthorised scripts, or any harmful material to the Platform

• Reverse engineer, decompile, or attempt to extract the source code or proprietary logic of the Platform

• Use the Platform to store, transmit, or display unlawful, offensive, or inappropriate content

• Circumvent, disable, or otherwise interfere with security features, access controls, or audit logging functions

• Use automated scripts, bots, crawlers, or scraping tools to access, extract, or monitor Platform data

• Resell, sublicense, or permit third parties to access the Platform through your credentials

• Use AI or automated tools to generate clinical documentation that you have not personally reviewed and verified prior to saving to a patient record

VII.

CLINICAL RESPONSIBILITY

THE PLATFORM IS A TECHNOLOGY TOOL ONLY. Moana does not provide medical advice, diagnosis, or clinical services of any kind.

All clinical decisions — including diagnoses, prescribing decisions, treatment plans, investigations, referrals, and discharge decisions — are the sole professional responsibility of the qualified and registered healthcare professional making those decisions. The Platform facilitates the recording and sharing of clinical information but does not make or recommend clinical decisions.

You must: (a) exercise independent professional judgment in all clinical matters; (b) verify critical clinical information through appropriate assessment before acting on it; (c) not rely solely on Platform-displayed data for high-stakes clinical decisions without applying clinical expertise; and (d) correct any data errors identified during clinical care.

AI-assisted features within the Platform (including automated coding suggestions, transcription assistance, and workflow prompts) are informational tools only. You are responsible for reviewing, verifying, and taking clinical responsibility for all AI-assisted outputs before they are recorded in patient records.

VIII.

INTELLECTUAL PROPERTY

All Intellectual Property Rights in the Platform, including software, design, documentation, trade marks, and content, are owned by or licensed to Moana. Your use of the Platform grants you no ownership rights. You must not copy, reproduce, modify, or create derivative works of any part of the Platform without Moana's express written permission.

Patient data and health records entered into the Platform remain the property of the healthcare organisation (the Client). You do not acquire any right, title, or interest in such data by virtue of your access to it.

IX.

PLATFORM AVAILABILITY AND LIMITATIONS

The Platform targets 99.9% monthly availability as specified in the SLA. The Platform may be subject to scheduled maintenance, updates, or unplanned outages. Where offline functionality is deployed, users should: (a) monitor data synchronisation status indicators; (b) confirm that pending changes have synchronised before relying on records as current; and (c) follow their organisation's downtime procedures for managing patient care during connectivity interruptions.

Moana is not responsible for data errors arising from information entered inaccurately by users. Users are responsible for the accuracy and completeness of information they enter into the Platform.

X.

SUSPENSION AND TERMINATION

Moana may suspend or terminate your access immediately and without notice if: (a) you breach these Terms; (b) your organisation's MSA is suspended or terminated; (c) Moana suspects unauthorised, fraudulent, or harmful activity associated with your account; (d) you are no longer employed or engaged by the authorised healthcare organisation; or (e) directed to do so by your healthcare organisation.

Moana will cooperate with your organisation to manage the transition of clinical responsibility and ensure continuity of patient care. Termination of your access does not affect records you have created, which remain under the governance of your organisation.

XI.

GOVERNING LAW

These Terms are governed by the laws of the State of Victoria, Australia, and the Commonwealth of Australia. Authorised Users in international deployment jurisdictions are additionally subject to applicable local laws governing access to and use of health information systems. In the event of a conflict between these Terms and mandatory local laws, the provision that affords the higher standard of compliance shall apply.

XII.

AMENDMENTS

Moana may update these Terms from time to time. Material changes will be communicated to your healthcare organisation with at least thirty (30) days' notice. Continued use of the Platform after the effective date of updated Terms constitutes acceptance. If you do not agree, you must cease using the Platform and notify your organisation.

XIII.

CONTACT