1. Platform Description and Disclaimers

The Platform collects patient inputs (i.e. Health Information) via text or voice, processes them temporarily using AI (ChatGPT 4.1, or newer, via OpenAI), and generates a PDF summary for the clinician. The Platform is not a medical device, diagnostic tool, treatment provider, or substitute for professional medical advice.

• No Medical Advice: Summaries are AI-generated and may contain errors, inaccuracies, incompleteness, or biases (e.g., from translation or voice recognition). Clinicians must independently verify all Health Information and exercise professional judgment. We do not accept any liability for any medical decisions, outcomes, or reliance on outputs.
• AI Limitations: Outputs depend on input quality; no warranties of accuracy, reliability, or fitness for purpose are provided. We endeavour to mitigate bias through audits but cannot eliminate inherent AI risks.
• Not for Emergencies: The Platform is not intended for emergencies. Users must seek immediate medical help (call 111) for urgent or life-threatening conditions.
• Beta/Experimental Status: During any pilot phase, the Platform is provided "as is" without warranties.

2. User Eligibility and Responsibilities

• Users must be aged 18 years or older, or have guardian consent.
• Clinicians must be licensed in New Zealand and comply with professional standards (e.g. NZ Medical Council standards/regulation).
• Patient Responsibilities: Patients must provide accurate information when using the platform.
• Clinician Responsibilities: Clinicians must obtain any additional patient consent required for sharing Health Information and verify summaries.
• Prohibited Uses: The misuse, reverse engineering, unauthorised access, or interference with the Platform or Health Information is strictly prohibited. We may suspend or terminate access for violations.

3. Data Collection, Use, Storage, and Privacy

As a health agency under HIPC, we must comply with the 13 health information privacy rules set out in the Code. These include:

• Data Collected: Health Information can only be collected where it is for a lawful purpose and is necessary for that purpose. Health Information might include a patient’s symptoms, medical history, medications, allergies, etc.) and basic identifiers such as name, gender, date of birth, National Health Index (NHI) number (if provided by patient or clinician for matching purposes), plus metadata (language, device type).
• Purpose: The purpose of collecting Health Information is solely to generate and deliver a PDF summary to the designated clinician and patient. Anonymised data (with no identifiable information) may be used for Platform improvement.
• Language Support: If Health Information is provided in languages other than English (e.g. Te Reo Māori, Spanish, Mandarin, Hindi, or French), we use AI to translate the content to English for summary generation. This translation is handled through the same secure OpenAI processing as the rest of your information. We are not responsible for any errors or misrepresentations that occur as part of the translation process.
• Consent and Information to be provided: Any Health Information will be done so on the basis the patient knows the information is being collected, the purpose for which the information is being collected, the intended recipients of the information, the name and address of Patient Pulse AI and any agency that will hold the information, and the right to access and correct any information provided. Health Information Data collected directly from patients is done so by way of informed consent via chatbot prompts before the collection process begins.
• Retention & Deletion: Any Health Information collected by us will be held for up to two (2) hours to allow the patient to make changes/edits or withdraw information. After this period, all Health Information is permanently deleted from our systems. No backups of Health Information are maintained. PDFs are sent directly to the clinician and patient and are not stored or retained by us.
• Sharing/Disclosure: Health Information will only be disclosed by us to the designated clinician (or as required by law, e.g. court order). No other third-party sharing/disclosure occurs without consent.
• Overseas Disclosure/Transfer: Health Information is processed by OpenAI (via United States servers) for AI functionality, including any necessary language translation. We have a Business Associate Agreement (BAA) with OpenAI providing safeguards we believe on reasonable grounds to be comparable to New Zealand privacy laws (in accordance with HIPC Rule 12). However, we acknowledge New Zealand privacy protections may not apply overseas. By consenting and using the Platform, you authorise disclosure of Health Information outside New Zealand in accordance with the HIPC.
• Unique Identifiers: We use the National Health Index (NHI) number, name, gender, and date of birth to match patient Health Information to the correct Health Information summary (which is necessary for the purpose of collecting information).
• Storage and Security: Health Information is protected with HTTPS/TLS encryption (in transit and at rest), strict access controls, logging, regular vulnerability assessments, and other reasonable safeguards. We maintain a Data Breach Response Plan that includes notification of affected individuals and the Office of the Privacy Commissioner if required.
• Your Rights regarding your Health Information: During the time we hold your Health Information, you may access, correct, or request deletion of your Health Information via the in-chat mechanism or by emailing info@patientpulseai.com. Complaints may be made to the Office of the Privacy Commissioner (opc@privacy.org.nz or 0800 803 909).

4. Liability and Indemnity

To the maximum extent permitted by law, we disclaim all warranties (express or implied). Our liability is limited to the fees paid by you in the prior 12 months (if any). We are not liable for indirect, consequential, or punitive damages (including health outcomes or data loss). You indemnify us against claims arising from your misuse of the Platform or inaccurate inputs.

5. Intellectual Property

We own the Platform, AI processes, and outputs. You grant us a limited licence to process your inputs solely for the purposes of the Service.

6. Dispute Resolution

Disputes are governed by New Zealand law and shall be resolved in the courts of Wellington after mandatory mediation.

7. Contact

For privacy or other questions: info@patientpulseai.com (Privacy Officer: David Feng).

By using Patient Pulse AI, you acknowledge and accept these Terms and Policy.