Oqea | AI Policy - Oqea Frame

‍1. BACKGROUND

1.1 This policy applies to your use of Oqea Frame made available by Oqea Pty Ltd (ACN 628 016 491) (ABN 50 628 016 491) of 230 Rokeby Rd, Subiaco WA 6008 (Oqea) through the Platform (Policy).

1.2 By accessing or using Oqea Frame, the Professional acknowledges and agrees that:

(a) they have read, understood and accepted the terms of this Policy; and

(b) this Policy:

(i) is legally binding on the parties and governs the use of Oqea Frame;

(ii) applies in addition to the terms of the End User Licence Agreement (EULA) governing your general use of the Platform (available here); and

(iii) is specific to your use of Oqea Frame, and sets out additional terms, responsibilities and limitations relating to its functionality.

1.3 All capitalised terms used in this Policy have the meaning given to them in the EULA, unless otherwise defined in this Policy.

2. OQEA FRAME

2.1 Nature of Oqea Frame

(a) The Professional acknowledges and agrees that Oqea Frame:

(i) is a decision support and clinical reasoning assistance tool designed for use by professionals;

(ii) supports the diagnostic process but must not be relied upon or considered as a diagnostic tool; and

(iii) is not a substitute for independent clinical expertise, professional judgement, or patient-specific assessment.

(b) The Professional acknowledges and agrees that AI outputs are generated using algorithms and available data, and may not always be complete, accurate, or up-to-date. 

2.2 Disclaimer

The Professional acknowledges and agrees that:

(a) Oqea Frame is not a medical device;

(b) the data generated from Oqea Frame does not constitute medical advice, diagnosis, or treatment; and

(c) the Professional retains full responsibility for verifying all AI-generated outputs and for all decisions made in relation to patient care.

2.3 Professional’s Responsibilities

(a) The Professional acknowledges and agrees to:

(i) take all necessary steps to confirm the accuracy, reliability, and applicability of AI-generated outputs before relying on them in any clinical or professional context;

(ii) apply their own independent knowledge, expertise, and clinical judgement when making decisions, and not rely on AI outputs as determinative or conclusive; and

(iii) ensure that their use of the Platform and Oqea Frame is consistent with applicable laws, regulations, clinical guidelines, professional codes of conduct, and ethical obligations relevant to their practice.

(b) The Professional acknowledges that they remain solely and fully responsible for all decisions, actions, and outcomes arising from their use of the AI functionality, including the care and treatment of patients.

3. INTELLECTUAL PROPERTY

(a) All title, ownership rights and Intellectual Property Rights, including copyright in relation to the Oqea Frame tool is owned or used under licence by Oqea.

(b) Any Intellectual Property Rights in the data generated from Oqea Frame shall exclusively belong to Oqea. Oqea grants the Professional a non-exclusive, royalty free licence to use such Intellectual Property and data for the purposes of providing its services to its patients.

(c) The Professional’s patient data and background IP shall remain the exclusive property of the Professional, unless otherwise agreed in writing. The Professional grants Oqea a non-exclusive, royalty free licence to use such patient data and background IP for the purposes of product development, training and fine-tuning of Oqea Frame.

4. LIABILITY & INDEMNITY

4.1 To the maximum extent permitted by law, Oqea is not liable for any loss, damage, or expense arising from the Professional’s use of, or reliance on, Oqea Frame or its AI-generated outputs

4.2 The Professional indemnifies and holds harmless Oqea against all claims, losses, damages, costs, and expenses arising from the Professional’s use of Oqea Frame, any failure to comply with this Policy or applicable laws, or any acts or omissions in connection with their use of the Platform.

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