Fair Use Policy for Free Access or Trial Periods
Last updated: 5 May 2020
1. Purpose of Our Policy
1.1 This Fair Use Policy (‘policy') applies to the use of Life Whisperer by IVF clinics for embryo assessment during the ‘Free Access’ or ‘Trial’ period, which we denote ‘Free Access’ period.
2. General
2.1 Life Whisperer Diagnostics Pty Ltd ABN 63 616 270 798 (‘Life Whisperer’) provides a web-based decision support tool (‘Platform’) for IVF clinics enabling them to assess the morphological structure of embryos and receive a viability score for each embryo.
2.2 All references to ‘us,’ ‘we’ and ‘our’ in this policy are references to Life Whisperer. All references to ‘you’ and ‘your’ in this policy are references to the IVF clinics, practitioners and employees of medical practices who are customers, or potential customers, of our products and services (‘Clinic Representatives’).
2.3 From time to time, we may update this policy. If we do so, we will post the updated policy on this webpage (www.lifewhisperer.com/fair-use).
3. Fair Use
3.1 Our Fair Use Policy is intended to ensure transparency in what is included in your Free Access and give guidelines around accepted use.
3.2 You will use the Life Whisperer platform as per its intended purpose, to assess each patient’s fresh 5-day-old embryos prior to transfer, freezing, storage or other outcomes.
3.3 Life Whisperer is only available to patients who are currently undertaking an IVF cycle at your clinic with the intention of undergoing embryo transfer to become pregnant.
3.4 Life Whisperer is not to be used for the assessment of images of embryos that have already been transferred, frozen, stored or otherwise dealt with.
3.5 Life Whisperer is not to be used as the basis for, either in part or in its entirety, any study by any IVF clinic unless with the express written permission of Life Whisperer’s representatives.
3.6 Life Whisperer is not to be used in contravention of any State, Territory or National laws, guidelines or regulations covering assisted reproduction technology in your country.
4. Violation of Fair Use Policy
4.1 If your clinic violates this Fair Use Policy by using the Platform in a manner that is not allowed, we reserve the right to charge for the assessments and to immediately suspend your clinic from accessing the Platform and to continue this suspension for as long as we see fit.
Free Access Terms & Conditions
Last updated: 5 May 2020
By participating in this Free Access to Life Whisperer, you agree to be bound by our Terms of Use and the following terms (‘Free Access Terms’), provided that in the event of a conflict, the Free Access Terms shall govern. The Free Access period will be from the date you activate the Free Access until the agreed Free Access end period. At the end of the Free Access period, you will still have access to all data entered into your Clinic Account and all embryo assessments you received, however you will be charged for any additional use of Life Whisperer at the agreed fee. Life Whisperer may terminate the Free Access period at any time by giving written notice to you. Life Whisperer reserves the right to make any modifications to the Life Whisperer platform during the Free Access period.