Software User Agreement

Last updated: 17 July 2026

PLEASE READ THIS SOFTWARE USER AGREEMENT CAREFULLY BEFORE USING QIRI.

This Software User Agreement (Agreement) is a legal agreement between you (User, you, or your) and JAVEDSHEIKH PTY LTD (ABN 54 679 727 827), trading as Qiri (Qiri, we, us, or our) governing your access to and use of Qiri, our pharmacy and patient platform (Qiri or the Services). Qiri is the trading name and product name of JAVEDSHEIKH PTY LTD.

This Agreement governs use of Qiri by pharmacies, pharmacists, and pharmacy staff (Pharmacist Users), who use Qiri as a clinical decision support and pharmacy operations platform to assist their professional practice.

Patients (Patient Users) who use Qiri directly, including through the Qiri patient app, do so under the separate Patient Terms of Use, not this Agreement. Where a patient interacts with a pharmacy through Qiri, the pharmacy's obligations in respect of that interaction are set out in this Agreement.

By accessing or using Qiri, you agree to be bound by this Agreement. If you do not agree, do not use Qiri.

Part A: Foundational Terms

1. Acceptance of Terms

By accessing or using Qiri, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including any additional terms, policies, or schedules referenced in it. If you are entering into this Agreement on behalf of a company, pharmacy, or other legal entity, you represent that you have authority to bind that entity.

Acceptance occurs when you create an Account, sign in, or otherwise access Qiri. We may update this Agreement from time to time. Where changes are material, we will provide reasonable prior notice (by email or in-product notification) and ask you to accept the updated Agreement in-product before you continue to use Qiri; your acceptance is recorded together with the version of the document you accepted. If you do not accept an update, you must stop using Qiri.

Where you access Qiri under a separate written agreement with Qiri (such as a Master Services Agreement, Data Processing Agreement, or pharmacy enterprise agreement) (MSA), the MSA governs to the extent of any inconsistency with this Agreement.

2. Definitions and Interpretation

2.1 Definitions

In this Agreement, unless the context otherwise requires:

  • Account means a registered user account created to access or use Qiri.
  • AHPRA means the Australian Health Practitioner Regulation Agency.
  • AI Outputs means any data, text, content, recommendations, summaries, suggestions, or other material generated, produced, or output by Qiri, including through automated or artificial intelligence processes.
  • Australian Consumer Law or ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
  • Beta Features means any features, functionality, services, tools, models, or releases that Qiri designates as beta, preview, early access, experimental, or similar, which are provided on a non-production basis for evaluation or testing and may be modified, limited, suspended, or withdrawn at any time.
  • Confidential Information means any information that is not publicly available and that is disclosed in connection with Qiri, including technical information, business information, and User Content, but excludes information that is publicly available other than through a breach of this Agreement.
  • Content means any information, data, text, images, files, or other materials made available through Qiri, including AI Outputs.
  • Derived Data means data, statistics, insights, trends, and models generated or derived by Qiri from use of Qiri or processing of User Content, where that data is de-identified and aggregated such that it cannot reasonably be used to identify any individual or User.
  • Feedback means any suggestions, comments, ideas, improvements, or other feedback provided by a User in relation to Qiri.
  • Health Information has the meaning given in the Privacy Act and includes information or an opinion about an individual's health, disability, health services received, or genetic information that could be used to predict susceptibility to disease.
  • Healthcare Identifiers means Individual Healthcare Identifiers (IHI) and Healthcare Provider Identifiers (HPI-I and HPI-O) issued under the Healthcare Identifiers Act 2010 (Cth).
  • Intellectual Property Rights means all industrial and intellectual property rights throughout the world, whether registered or unregistered, including copyright, trade marks, patents, designs, circuit layouts, trade secrets, and rights to use and protect the confidentiality of information.
  • Qiri means the software platform operated by JAVEDSHEIKH PTY LTD, trading as Qiri, including any associated applications, websites, APIs, updates, upgrades, or documentation.
  • My Health Record means the system established under the My Health Records Act 2012 (Cth).
  • Patient Terms means the Qiri Patient Terms of Use available at www.qiri.ai/au/patient-terms, as updated from time to time, which govern use of Qiri by Patient Users.
  • Patient User means a User who accesses Qiri as a patient, whether directly or through a Pharmacy Account.
  • Personal Information has the meaning given in the Privacy Act and includes information or an opinion about an identified individual, or an individual who is reasonably identifiable.
  • Pharmacist User means a User who accesses Qiri in their professional capacity as a pharmacist or pharmacy staff member, whether directly or through a Pharmacy Account.
  • Pharmacy Account means an Account created for or on behalf of a pharmacy or other healthcare organisation under an MSA, through which Pharmacist Users and (where applicable) Patient Users access Qiri.
  • Privacy Act means the Privacy Act 1988 (Cth).
  • Privacy Policy means Qiri's privacy policy available at www.qiri.ai/au/privacy-policy, as updated from time to time.
  • Sensitive Information has the meaning given in the Privacy Act and includes Health Information.
  • Services means all services, features, functionality, interfaces, tools, and support provided by Qiri in connection with Qiri.
  • User, you, or your means any individual or entity that accesses or uses Qiri.
  • User Content means all data, content, files, prompts, instructions, and information (including any Personal Information or Health Information) that a User uploads to, inputs into, submits through, or otherwise makes available in connection with Qiri.
  • Website means any website operated by Qiri in connection with Qiri, including www.qiri.ai.
  • We, us, our, or Qiri means JAVEDSHEIKH PTY LTD.

2.2 Interpretation

In this Agreement, unless the context otherwise requires:

  1. headings are for convenience only and do not affect interpretation;
  2. words in the singular include the plural and vice versa;
  3. a reference to a person includes an individual, partnership, corporation, or other legal entity;
  4. a reference to legislation includes any amendment, re-enactment, or replacement of that legislation; and
  5. "including" means "including without limitation".

3. About Qiri and Intended Use

3.1 Patient Users and the Patient Terms

Patient-facing functionality of Qiri (including the Qiri patient app) is provided to Patient Users under the Patient Terms, not this Agreement. References in this Agreement to Patient Users describe the pharmacy-side obligations that apply when patients interact with a Pharmacy Account. Pharmacist Users and Pharmacy Accounts access Qiri's clinical decision support and pharmacy operations functionality under this Agreement.

3.2 Intended use

Qiri is a software platform that uses artificial intelligence to:

  1. assist Pharmacist Users with clinical decision support, including responses to professional queries, summaries of relevant information, and suggestions to support pharmacy practice;
  2. support pharmacy operations, including script intake, dispensing workflow, point of sale, stock management, and (where enabled) PBS claiming, including operating as the pharmacy's dispensing system of record where so deployed; and
  3. provide Patient Users with general health information and assistance, including responses to consumer queries about medications, conditions, and pharmacy services.

Qiri is not intended to be used for, and must not be used for:

  1. diagnosis of any medical condition;
  2. prescribing or dispensing of medicines (except where Qiri is integrated with a pharmacy dispensing system and is used in accordance with that integration and the pharmacist's professional judgement);
  3. emergency or urgent clinical decision making;
  4. replacing the professional judgement of a pharmacist, doctor, or other qualified health professional; or
  5. any purpose outside the scope described in this clause.

Use of Qiri outside its intended use is at the User's own risk and may breach this Agreement.

Part B: Access and Usage

4. Licence

Subject to this Agreement, Qiri grants you a limited, non-exclusive, non-transferable, revocable licence to access and use Qiri solely for your internal pharmacy or healthcare practice purposes, and strictly in accordance with this Agreement. Patient Users are licensed under the Patient Terms. No rights are granted except as expressly set out in this Agreement.

5. Eligibility, Age Restrictions, and Paediatric Patients

5.1 Minimum age for Account creation

You must be at least 18 years old to create an Account. We may request verification of age at any time, and failure to provide verification may result in Account suspension.

5.2 Information about minors

Information about a person under 18 (a Minor) may be entered into Qiri only:

  1. by a Pharmacist User on a Pharmacy Account, in connection with the provision of pharmacy services to the Minor and with the consent of the Minor's parent, guardian, or other person with lawful authority; or
  2. by a parent, guardian, or other person with lawful authority who has created an account under the Patient Terms for that purpose.

Any information about a Minor will be handled in accordance with the Privacy Policy and applicable privacy and health records laws.

5.3 Removal of information collected without authority

If we become aware that we have collected information about a Minor without appropriate authority, we will take steps to delete that information promptly. Parents, guardians, or persons with lawful authority may contact us at hello@qiri.ai to request deletion.

6. Use of Qiri

You must not, and must not attempt to:

  1. use Qiri in breach of any applicable law or regulation, including the Privacy Act and applicable health records, drugs and poisons, and therapeutic goods legislation;
  2. interfere with, disrupt, overburden, or damage Qiri or any systems or networks connected to it;
  3. access or use Qiri using automated means (including bots, scrapers, spiders, or similar tools) except where expressly permitted by Qiri in writing;
  4. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of Qiri, except to the extent permitted by law;
  5. modify, copy, adapt, translate, or create derivative works of Qiri except as expressly permitted by this Agreement;
  6. use Qiri to infringe any person's rights or to upload or distribute unlawful content;
  7. input Personal Information, Sensitive Information, or Health Information about another person without lawful authority and (where required) the consent of that person or their authorised representative;
  8. use Qiri to attempt to obtain, supply, or self-administer medicines or controlled substances unlawfully;
  9. hold yourself out as a qualified health professional if you are not, or provide clinical advice to others through Qiri outside your scope of practice; or
  10. attempt to circumvent any clinical safety guardrails, content filters, or rate limits applied to Qiri.

7. Beta Features

From time to time, Qiri may make Beta Features available. Beta Features are provided "as is" and may be changed, suspended, or withdrawn at any time. To the maximum extent permitted by law, Qiri gives no warranties in relation to Beta Features.

Pharmacist Users acknowledge that Beta Features must not be used as the sole or determining basis for any clinical decision, and that the Pharmacist User retains full clinical responsibility for any decision they make. Patient Users should not rely on Beta Features in connection with any health decision.

If you provide feedback about Beta Features, you grant Qiri a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation. Qiri may require you to keep information about Beta Features confidential where notified to you in writing or within Qiri.

Part C: Users and Accounts

8. Patient Users

Patient Users access Qiri under the Patient Terms. Where patients interact with your Pharmacy Account through Qiri (including by sending electronic prescriptions, booking consultations, or making payments):

  1. the pharmacy remains responsible for the health services and products it provides to the patient;
  2. the pharmacy must ensure patient information received through Qiri is handled in accordance with clause 10 and applicable privacy and health records laws; and
  3. any information provided to a patient through Qiri that is not provided to the patient, or authorised, by their pharmacist is general health information only: it does not take into account the patient's personal health profile and is not a substitute for the professional advice of a pharmacist, doctor, or other qualified health professional.

9. Pharmacist Users and Professional Obligations

If you are a Pharmacist User, you represent and warrant that:

  1. you hold current AHPRA registration as a pharmacist or are otherwise lawfully entitled to practise as a pharmacist or pharmacy staff member in your jurisdiction, and you will notify Qiri (or the pharmacy operating the relevant Pharmacy Account) promptly if your registration lapses, is suspended, or is cancelled;
  2. you will use Qiri in accordance with the Health Practitioner Regulation National Law, the Pharmacy Board of Australia's Code of Conduct, and any other professional or regulatory obligations that apply to you;
  3. you will treat Qiri outputs as decision support only, apply your own professional judgement to any clinical decision, and retain full professional responsibility for the decisions you make;
  4. you will maintain patient confidentiality and only enter Patient Personal Information or Health Information into Qiri as permitted by your pharmacy's Pharmacy Account configuration, with appropriate consent, and in accordance with applicable law;
  5. you will not use Qiri to provide clinical care outside your scope of practice or registration;
  6. where you use Qiri to communicate with a Patient User by SMS, WhatsApp, or any other messaging channel, you will obtain the patient's consent to be contacted on that channel before doing so, and you will not transmit Sensitive Information or Health Information through that channel unless the patient has consented to receive it that way; and
  7. you will not share your Account credentials with any other person.

10. Pharmacy and Enterprise Accounts

Where Qiri is accessed through a Pharmacy Account:

  1. the pharmacy or organisation operating the Pharmacy Account controls patient Personal Information entered into Qiri through that Pharmacy Account, and Qiri handles that information on the pharmacy's instructions in accordance with the relevant MSA. Each of Qiri and the pharmacy is an APP entity under the Privacy Act with its own obligations in respect of that information;
  2. Pharmacist Users accessing Qiri through that Pharmacy Account are bound by this Agreement, and Patient Users by the Patient Terms, and each by any policies, procedures, or instructions set by the pharmacy in relation to use of the Pharmacy Account;
  3. the pharmacy is responsible for instructing Qiri on retention, deletion, export, and access requests in respect of patient data, including for the purpose of meeting the pharmacy's record-keeping obligations under applicable law; and
  4. requests by patients to access, correct, or delete their Personal Information should generally be directed to the relevant pharmacy in the first instance. Qiri will assist the pharmacy in responding where required; and
  5. where the Pharmacy Account uses Qiri's patient messaging features, the pharmacy is responsible for obtaining each patient's consent to be contacted on the relevant channel, and acknowledges that messages sent by SMS or WhatsApp are transmitted by third-party carriers (including Twilio Inc. and Meta Platforms, Inc.) outside Qiri's secure environment and may be processed or stored overseas. Qiri acts only as a conduit for those messages and is not responsible for the content the pharmacy or its Pharmacist Users choose to send.

Where the pharmacy uses Qiri as its dispensing system of record, Qiri hosts the pharmacy's dispensing and point-of-sale records to support the pharmacy's record-keeping obligations under applicable law. The pharmacy may export those records at any time during the term, and on termination in accordance with clause 16.1 and the relevant MSA.

For all other Personal Information collected through Qiri (including direct Pharmacist User accounts not associated with a Pharmacy Account, account contact details, and billing information), JAVEDSHEIKH PTY LTD is the controller.

Part D: Fees and Commercial Terms

11. Fees and Payment

11.1 Service plans

Qiri may be offered under different service plans, including free (Free Tier) and paid subscriptions (Paid Services). If you elect to use Paid Services, you agree to pay the fees specified in the pricing schedule accepted through your Account, on the Website, or at checkout (Fees). Pharmacy Account pricing is set in the pricing schedule accepted in-product by the pharmacy's authorised administrator, or in the relevant MSA, and does not take effect until so accepted.

Qiri provides support for the Services in accordance with Schedule 1 (Support). The support plan applying to a Pharmacy Account is determined by its accepted pricing schedule or a separate written agreement with Qiri; where none is specified, Standard Support applies. Ask Qiri Standalone plans receive support as described in Schedule 2 (Ask Qiri Standalone).

11.2 Billing and auto-renewal

  1. Billing cycle: Fees are billed in advance on a monthly or annual basis, depending on your selection.
  2. Auto-renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel through your Account settings before the renewal date.
  3. Payment method: You authorise Qiri to charge your designated payment method for all Fees. You are responsible for keeping your payment information current.

11.3 Changes to Fees

Qiri may change Fees or introduce new charges. We will provide at least 30 days' prior notice (by email or in-product notification) of any price increase, and you may cancel the affected Paid Services before the change takes effect. For Pharmacy Accounts, a price change takes effect only when the updated pricing schedule is accepted in accordance with clause 11.1.

11.4 Failure to pay

If we are unable to charge your payment method, or if you cancel Paid Services, Qiri may:

  1. downgrade your Account to the Free Tier;
  2. restrict access to premium features (including advanced AI models, analytics, or increased storage); or
  3. suspend access to your Account until your payment status is rectified.

While we do not immediately delete your User Content for non-payment, we are under no obligation to retain it for extended periods of unpaid inactivity. Pharmacy Account data retention is governed by the relevant MSA.

11.5 Taxes

Unless stated otherwise, Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities (such as GST or VAT). You are responsible for payment of all such taxes.

11.6 Refunds and remedies

Subject to your rights under the Australian Consumer Law, including consumer guarantees that cannot be excluded, Fees paid for Paid Services are generally non-refundable. Where we fail to meet a consumer guarantee:

  1. for major failures, you may choose between a refund, replacement, or compensation;
  2. for minor failures, we may elect to remedy the failure or provide a refund; and
  3. nothing in this Agreement limits or excludes any remedy available to you under the Australian Consumer Law.

11.7 Patient payment processing and service fees

Where Qiri enables a Pharmacy Account to collect payments from patients for consultations or other services (Patient Payments), the following applies:

  1. Payment processing: Patient Payments are processed by our third-party payment provider (Stripe) through an account connected to your pharmacy. Your pharmacy is the merchant of record for those payments and is responsible for the provider's payment processing fees, and for refunds, chargebacks, and disputes, in accordance with the provider's terms.
  2. Qiri service fee: Qiri may retain a service fee or commission on each Patient Payment processed through the platform. The applicable fee is set out in your commercial terms (or, where none apply, as notified to you in-product) and is deducted at the time of the transaction. Amounts paid out to your pharmacy are net of this service fee and of the provider's payment processing fees.
  3. Changes: Qiri may vary the service fee on at least 30 days' prior notice (by email or in-product notification), and the fee may differ between pharmacies. You may stop using Patient Payments before a change takes effect.
  4. GST: Consult fees set by your pharmacy are inclusive of GST. You are responsible for your own tax obligations in respect of Patient Payments you collect.

Part E: User Content, Intellectual Property, and Privacy

12. User Content and Licence

12.1 User responsibility

You are solely responsible for all User Content you upload, post, or otherwise transmit via Qiri. You represent and warrant that:

  1. you are the owner of all User Content, or you have all necessary rights, licences, consents, and releases to grant Qiri the rights in this Agreement;
  2. the User Content does not infringe, misappropriate, or violate any third party's Intellectual Property Rights, rights of publicity, or rights of privacy; and
  3. where you connect a third-party API or account (for example, a pharmacy dispensing system, identity provider, or productivity tool) to Qiri, you have confirmed that the third party's terms permit the connection and the use of data through Qiri.

12.2 Licence to Qiri

  1. Operating licence: You grant Qiri a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to use, reproduce, modify, adapt, publish, and display your User Content solely as necessary to provide, maintain, and support Qiri during the term of this Agreement.
  2. AI improvement use: You grant Qiri a worldwide, non-exclusive, royalty-free licence to use de-identified and aggregated User Content and usage data to train, tune, validate, and improve Qiri's own proprietary models and Services. Consistent with the Privacy Policy, we do not use patient health information, clinical prompts, medication histories, or consultation records, in any form, to train, fine-tune, or improve any public or shared third-party foundational AI model, and we do not use User Content that identifies you to train public models. Any third-party AI providers we engage are contractually restricted from retaining your prompts or outputs for their own model development or other secondary purposes. The AI processing that generates Qiri's outputs, including any processing of clinical prompts, is performed within Australia, consistent with the "Where your information is stored" section of the Privacy Policy; Qiri does not process patient health information offshore. We handle Personal Information in accordance with the Privacy Policy.
  3. Pharmacy Account data: The AI improvement licence in the "AI improvement use" paragraph above does not apply to User Content entered through a Pharmacy Account in respect of patients of that pharmacy. Use of such User Content for AI improvement, research, or other secondary purposes is governed by the relevant MSA.
  4. Derived Data: Qiri may create Derived Data from use of Qiri. Qiri owns all right, title, and interest in Derived Data. You acknowledge that, due to the nature of machine learning, Derived Data cannot be reversed, removed, or "unlearned" once incorporated into a model, even after termination of this Agreement or deletion of your Account. Qiri handles Derived Data in accordance with the safeguards described in the Privacy Policy, including its commitment not to publicly release de-identified clinical histories. For Pharmacy Account data, the creation and use of Derived Data is governed by the relevant MSA.

12.3 Prohibited content

You must not upload, generate, or share content that is defamatory, obscene, pornographic, incites violence, infringes Intellectual Property Rights, or otherwise violates any law (Prohibited Content). You must also not upload or generate:

  1. Personal Information, Sensitive Information, or Health Information about another person without lawful authority;
  2. content intended to obtain, supply, or self-administer medicines or controlled substances unlawfully; or
  3. content intended to circumvent Qiri's clinical safety guardrails or content filters.

Qiri may remove Prohibited Content or suspend or terminate Accounts where reasonably necessary to protect users, comply with law, or enforce this Agreement. Where practicable, Qiri will provide notice and an opportunity to appeal, except where doing so would create risk, be unlawful, or compromise safety or investigations.

13. Intellectual Property

All content, features, and functionality (including software, text, displays, images, video, and audio) on or in Qiri are owned by Qiri, its licensors, or other providers of such material and are protected by Australian and international copyright, trade mark, patent, trade secret, and other intellectual property and proprietary rights laws.

14. Healthcare Identifiers and My Health Record

Qiri is or may become integrated with the Healthcare Identifiers Service and the My Health Record system. Where Qiri is so integrated:

  1. use of Healthcare Identifiers and My Health Record information must comply with the Healthcare Identifiers Act 2010 (Cth), the My Health Records Act 2012 (Cth), and the rules made under those Acts;
  2. only authorised Pharmacist Users acting in their professional capacity may access or use Healthcare Identifiers or My Health Record information through Qiri;
  3. Pharmacist Users must comply with the access conditions set by their pharmacy and by the operators of the Healthcare Identifiers Service and the My Health Record system;
  4. Qiri may suspend access, log access events, and report misuse to the relevant authority as required by law; and
  5. Qiri stores and processes Healthcare Identifiers and My Health Record information only within Australia and does not transfer that information outside Australia.

15. Privacy and Data Protection

We collect, use, and disclose Personal Information, including Health Information, in accordance with the Privacy Policy, which is incorporated into this Agreement by reference. Health Information is Sensitive Information under the Privacy Act and is also subject to applicable state and territory health privacy laws (including the Health Records and Information Privacy Act 2002 (NSW), the Health Records Act 2001 (Vic), and the Health Records (Privacy and Access) Act 1997 (ACT)).

We implement reasonable technical and organisational measures to protect User data against unauthorised access, loss, or misuse. Where required by law, we will notify Users (and the Office of the Australian Information Commissioner) of any data breach affecting their Personal Information in accordance with the Notifiable Data Breaches scheme. Where a breach affects a Pharmacy Account's integrated dispensing system or patient data, we will also notify the affected pharmacy operator promptly to enable coordinated mitigation and patient communication.

The roles of Qiri and any pharmacy operating a Pharmacy Account in respect of patient Personal Information are set out in clause 10 and the relevant MSA.

Part F: Termination

16. Termination

16.1 Termination and suspension

We may terminate this Agreement or suspend your access to Qiri: (a) immediately, where you materially breach this Agreement, where suspension is reasonably necessary to protect patients, other users, or the security or integrity of Qiri, or where required by law; or (b) for any other reason, on at least 30 days' prior written notice. Upon termination, your right to use Qiri will cease.

On termination, except in cases involving Prohibited Content or breach of clause 12, Qiri will provide you with a reasonable opportunity (not less than 30 days) to download or export your User Content before deletion. For Pharmacy Accounts, the termination, export, and retention process is governed by the relevant MSA, which may provide for longer export windows or retention periods to enable the pharmacy to comply with statutory record-keeping obligations (for example, retention of health records for at least 7 years from the date of last service for adult records, until the patient reaches 25 years of age for records of Minors, and for any longer period required for records used in Pharmaceutical Benefits Scheme or other Commonwealth claiming, or longer where otherwise required).

Suspension or termination of an individual Pharmacist User's Account does not, of itself, delete patient User Content held within the relevant Pharmacy Account.

16.2 Survival

All provisions of this Agreement that by their nature should survive termination will survive termination, including clauses 12.2 (Licence to Qiri), 13 (Intellectual Property), 17 (Disclaimer of Warranties), 19 (Limitation of Liability), 20 (Indemnity), 21 (No Publisher Liability), 27 (Dispute Resolution), and 28 (Governing Law and Jurisdiction).

Part G: Warranties, Liability, and Risk Allocation

17. Disclaimer of Warranties

Qiri is provided "as is" and "as available", without warranties of any kind, either express or implied, including implied warranties as to acceptable quality and fitness for purpose (to the extent applicable). We do not warrant that Qiri will be uninterrupted, error-free, or free of viruses or other harmful components. Nothing in this Agreement excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law that cannot be excluded by law.

18. AI Disclaimer

18.1 Accuracy

Qiri uses artificial intelligence and machine learning to generate AI Outputs. AI Outputs may be inaccurate, incomplete, or "hallucinated". You must verify AI Outputs before relying on them.

18.2 Pharmacist Users: decision support only

Qiri provides decision support to Pharmacist Users. AI Outputs are not a substitute for the Pharmacist User's professional judgement, training, or scope of practice. The Pharmacist User retains full professional responsibility for any clinical decision they make, including decisions informed by Qiri.

18.3 Patient Users: general information only

For Patient Users, any information or AI Output that is not provided to the Patient User, or authorised, by their pharmacist is general health information only: it does not take into account the Patient User's personal health profile and is not personal medical, legal, or financial advice. Patient Users should consult their pharmacist, doctor, or other qualified health professional before acting on any AI Output.

18.4 Human review for high-risk use

You agree to ensure that a qualified human (in the case of clinical use, a registered health professional acting within their scope of practice) reviews any AI Output before it is used in a context where error could result in death, injury, or significant financial or legal loss.

19. Limitation of Liability

19.1 No liability for indirect damages

To the fullest extent permitted by law, Qiri, its affiliates, directors, officers, employees, agents, suppliers, and licensors are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  1. your use or inability to use Qiri;
  2. any unauthorised access to or use of our servers and any Personal Information stored on them;
  3. any interruption or cessation of transmission to or from Qiri;
  4. any bugs, viruses, trojan horses, or similar transmitted to or through Qiri by any third party; or
  5. any errors or omissions in any Content or any loss or damage arising from your use of any Content posted, emailed, transmitted, or otherwise made available via Qiri, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damages, and even if a remedy in this Agreement is found to have failed of its essential purpose.

19.2 Maximum liability

To the fullest extent permitted by law, the aggregate liability of Qiri to you for all claims arising out of or relating to Qiri or this Agreement, whether in contract, tort, or otherwise, will not exceed the total amount you have paid to us for Qiri in the twelve (12) months before the event giving rise to the liability.

For Pharmacy Accounts, the limitation of liability is set in the relevant MSA and prevails over this clause to the extent of any inconsistency.

19.3 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Where this is the case, our liability will be limited to the fullest extent permitted by applicable law.

19.4 Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, pandemics, government actions, internet or infrastructure failures, or acts of third-party service providers.

19.5 Acknowledgement

You acknowledge that the limitations of liability in this clause reflect a reasonable allocation of risk between you and Qiri, and that these limitations are an essential basis of the bargain.

20. Indemnity

You agree to defend, indemnify, and hold harmless Qiri, its affiliates, licensors, and service providers, and their respective officers, directors, employees, and agents, from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal costs) arising out of or relating to:

  1. your breach of this Agreement;
  2. your use of Qiri, including any use of Qiri's API features in violation of third-party terms;
  3. your User Content, including any claim that your User Content infringes the Intellectual Property Rights of a third party;
  4. for Pharmacist Users, any claim arising from your professional practice or any clinical decision you make based on Qiri outputs; and
  5. any breach by you of applicable health, privacy, or therapeutic goods laws.

Your liability under this indemnity is reduced to the extent that the relevant claim or loss was caused or contributed to by the negligence, fraud, or wilful misconduct of Qiri.

21. No Publisher Liability

You acknowledge that Qiri is a technology service provider and is not the publisher or author of any User Content or AI Outputs. You are solely responsible for any content you publish or share using Qiri. To the extent permitted by law, Qiri is not responsible for User Content made available by Users.

Part H: Third-Party Relationships

22. Copyright Infringement and Takedowns

22.1 Policy

Qiri respects the Intellectual Property Rights of others and expects Users to do the same. We may remove or disable access to material alleged to infringe copyright and may suspend repeat infringers. This policy operates consistently with the Copyright Act 1968 (Cth).

22.2 Notice of alleged infringement

If you believe material available through Qiri infringes your copyright, send a written notice to hello@qiri.ai including (to the extent reasonably available):

  1. your name and contact details;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the material claimed to be infringing and where it is located in Qiri;
  4. a statement explaining why you believe the material infringes your copyright;
  5. a statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law; and
  6. a statement that the information in your notice is accurate and that you are the copyright owner or are authorised to act on the owner's behalf.

22.3 Our response

On receipt of a valid notice, Qiri may remove or disable access to the identified material, notify the User who made the material available (where practicable), request additional information, and take further action consistent with applicable law and this Agreement. Qiri is not required to adjudicate disputes regarding copyright ownership.

22.4 Counter-notice

If you believe material was removed by mistake or misidentification, you may submit a counter-notice to hello@qiri.ai. Qiri will consider the counter-notice and may restore the material where the original complainant does not commence proceedings within a reasonable period.

22.5 Repeat infringers

Qiri may suspend or terminate Accounts of Users who are the subject of repeated or substantiated copyright complaints, taking into account the seriousness and frequency of the conduct.

23. Third Party Terms

Qiri may interoperate with third-party services, including pharmacy dispensing systems, identity providers, payment providers, and government health systems. Qiri accepts no liability for any loss or damage arising from your use of third-party services. Your relationship with any third party is governed by the third party's own terms.

Part I: General Provisions

24. Export Compliance

You may not use, export, import, or transfer Qiri except as authorised by Australian law, the laws of the jurisdiction in which you obtained access to Qiri, and any other applicable laws. Without limitation, Qiri may not be exported or re-exported to any embargoed country or to anyone on a denied persons list.

25. Publicity Rights

If you are a business User, you grant Qiri a limited right to use your business name and logo as a reference for marketing or promotional purposes. You may revoke this right by emailing hello@qiri.ai. For Pharmacy Accounts, publicity rights are governed by the relevant MSA.

26. Severability

If any provision of this Agreement is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.

27. Dispute Resolution

If a dispute arises, the parties must first provide written notice to the other and attempt to resolve the dispute through good faith negotiation for not less than 30 days. If the dispute is not resolved, either party may commence mediation in Sydney, NSW, before commencing litigation, except for urgent interlocutory relief. Nothing in this clause prevents a User from exercising rights under the Australian Consumer Law or referring a privacy complaint to the Office of the Australian Information Commissioner.

28. Governing Law and Jurisdiction

This Agreement is governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them for determining any dispute concerning this Agreement.

29. Contact

For questions about this Agreement, contact us at hello@qiri.ai.

JAVEDSHEIKH PTY LTD (ABN 54 679 727 827), trading as Qiri

PO Box 344, Revesby North NSW 2212, Australia

Schedule 1: Support

1. Support plans. Pharmacy Accounts include Standard Support. Advanced Support is an optional add-on for the fees, and for the sites, set out in the accepted pricing schedule or a separate written agreement with Qiri. Where Advanced Support is not specified for a site, Standard Support applies to that site.

2. Support channels. Support is provided via the in-product help centre, by email to support@qiri.ai, and, for Severity 1 incidents affecting a Pharmacy Account only, by the urgent telephone line notified during onboarding. Service status is published at status.qiri.ai.

3. Hours. Standard support hours are 9:00am to 5:30pm Sydney time (AEST/AEDT), Monday to Friday, excluding New South Wales public holidays (Business Hours). Severity 1 incidents are supported 8:00am to 9:00pm Sydney time, Monday to Saturday under Standard Support, and 8:00am to 9:00pm Sydney time on every day of the year under Advanced Support (each, as applicable, the Critical Support Window).

4. Severity levels and response targets. Qiri will use commercially reasonable efforts to acknowledge support requests from Pharmacy Accounts within the following targets:

  1. Severity 1 (the Services are unavailable, or dispensing workflow at the site is blocked, or a suspected clinical safety defect): acknowledged within 30 minutes under Standard Support, or within 15 minutes under Advanced Support, in each case within the Critical Support Window and with continuous effort thereafter until restoration or a workaround;
  2. Severity 2 (a material feature of the Services is failing or degraded, but dispensing can continue): acknowledged within 8 Business Hours under Standard Support, or within 4 Business Hours under Advanced Support; and
  3. Severity 3 (general questions, minor defects, administrative and billing queries): response within 2 business days under Standard Support, or by the next business day under Advanced Support.

5. Advanced Support inclusions. Advanced Support additionally includes a named escalation contact and a quarterly service review. Advanced Support may be added or removed with effect from the next billing period, recorded in an updated pricing schedule accepted in accordance with clause 11.1.

6. Nature of targets. Response targets are acknowledgement commitments. Qiri does not warrant resolution within any particular time and does not offer service credits. Nothing in this Schedule limits remedies otherwise available at law, and nothing in this Schedule limits your rights under the Australian Consumer Law.

7. Exclusions. Response targets do not apply to faults arising from: electronic prescription networks and other upstream infrastructure not operated by Qiri; the User’s internet connectivity, local network, or hardware; government claiming and health record systems, including PBS and Medicare systems; third-party services, including payment networks; or use of Qiri outside its intended use (clause 3.2).

8. Business continuity. Qiri does not prevent a pharmacy from dispensing by its standard manual procedures during any unavailability of the Services. Pharmacies remain responsible for maintaining a downtime procedure as required by pharmacy practice standards.

9. Maintenance. Qiri may perform scheduled maintenance and will use reasonable efforts to schedule it outside the Critical Support Window with at least 48 hours’ notice on the status page. Emergency maintenance may be performed at shorter notice.

Schedule 2: Ask Qiri Standalone

1. The plan. Ask Qiri Standalone is a per-user Paid Service plan providing Pharmacist Users with access to Ask Qiri. It does not include dispensing workflow, is not a system of record for dispensing, and does not include Pharmacy Account features unless separately subscribed.

2. Professional use. Ask Qiri Standalone is provided for use by registered pharmacists in their professional practice. Clauses 3.2 (Intended use), 9 (Pharmacist Users and Professional Obligations), and 18 (AI Disclaimer) apply in full: outputs are decision support only, are not personal medical advice, and do not replace the professional judgement of the pharmacist, who retains full professional responsibility for any clinical decision.

3. Support. Ask Qiri Standalone is provided on a self-service basis. Support is available through the in-product help centre and by email to support@qiri.ai on a reasonable-efforts basis; the response targets in Schedule 1 do not apply, no support response times are committed, and telephone support is not included. Advanced Support is not available on Ask Qiri Standalone. Service status is published at status.qiri.ai.

4. Billing and cancellation. Fees, billing, and auto-renewal are as set out in clause 11. Qiri aims to respond to billing and account requests within 1 business day and to process cancellation requests within 2 business days of receipt, with cancellation taking effect in accordance with clause 11. These are service goals, not contractual commitments.