Legal
The terms governing your use of MIA and our services
These Terms of Service ("Terms") constitute a legally binding agreement between you and UNCAPT Pty Ltd (ABN 15 641 190 552) ("UNCAPT", "we", "our", "us") governing your access to and use of MIA and related services.
By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accessing MIA on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
MIA is a clinical intelligence system that supports mental health assessment, triage, and care planning. MIA is designed to augment — not replace — clinical judgement.
MIA is not a medical device, diagnostic tool, or substitute for professional clinical care. All clinical outputs generated by MIA are intended to support qualified clinicians and must be reviewed by an appropriately qualified health professional before being relied upon for clinical decisions.
MIA is available via:
Access to MIA's API is available to approved healthcare platforms and providers through a commercial partnership agreement with UNCAPT. API access is subject to the additional terms in Section 14 of these Terms and any separate service agreement.
Access to MIA may be provided through pilot partnerships with approved healthcare organisations. Pilot access is subject to a separate agreement between UNCAPT and the deploying organisation.
Participation in the MIA consumer research program (conducted with the University of Sydney) is governed by separate participant information and consent forms approved by the relevant Human Research Ethics Committee.
Access to this website and its informational content is available to all visitors. You agree to use the website only for lawful purposes and in accordance with these Terms.
MIA's outputs are generated using AI reasoning trained on clinical frameworks and expert knowledge. However:
All intellectual property in the MIA platform, including its reasoning engine, algorithms, software, and website content, is owned by or licensed to UNCAPT and its partners. You may not copy, modify, distribute, or reverse-engineer any part of our services without written permission.
MIA's clinical knowledge base is developed in partnership with the University of Sydney's Brain and Mind Centre. The underlying clinical research and frameworks are subject to the intellectual property arrangements between UNCAPT and its research partners.
You agree to:
You must not use MIA to:
To the maximum extent permitted by Australian law:
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). Our services come with guarantees that cannot be excluded, including that services will be:
Where our liability cannot be excluded but can be limited, our liability is limited to (at our option): (a) re-supplying the services; or (b) paying the cost of having the services re-supplied.
You agree to indemnify and hold harmless UNCAPT, its directors, employees, and partners from any claims, losses, or damages arising from your breach of these Terms or misuse of MIA, including any claims arising from clinical decisions made using MIA's outputs.
We may suspend or terminate your access to MIA at any time, with or without cause. Upon termination:
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or your use of MIA shall be subject to the exclusive jurisdiction of the courts of New South Wales.
UNCAPT shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemic, government actions, power outages, internet or telecommunications failures, cyber-attacks, or failures of third-party cloud infrastructure providers.
In the event of a force majeure event, we will use commercially reasonable efforts to resume services as soon as practicable and will communicate the status through our Status Page.
UNCAPT targets 99.5% availability for MIA's API services, measured monthly, excluding scheduled maintenance windows. Specific uptime commitments may be set out in your service agreement.
We will provide at least 48 hours' notice for planned maintenance that may affect service availability. Where possible, maintenance will be scheduled outside of standard business hours (AEST/AEDT).
Service disruptions and their resolution status will be communicated via our Status Page and, for API partners, through the notification channel specified in your service agreement.
While we make commercially reasonable efforts to maintain high availability, we do not guarantee uninterrupted access. MIA should not be the sole means of clinical assessment or care planning. Healthcare providers should maintain appropriate fallback procedures.
Both UNCAPT and the deploying healthcare provider are APP entities under the Privacy Act 1988 and hold direct obligations in relation to personal information. Where MIA is deployed within a healthcare provider's platform, the provider is responsible for the clinical relationship and patient consent. UNCAPT is responsible for the security, quality, and lawful handling of information it holds in the course of delivering MIA. Our processing activities are limited to what is necessary to provide the MIA services as directed by the provider.
API partners and deploying organisations may request a Data Processing Agreement (DPA) that sets out specific terms governing the processing of personal and health information. To request a DPA, contact legal@uncapt.com.
UNCAPT does not use identifiable patient data to train AI models. We retain anonymised clinical reasoning outputs for quality improvement purposes. Full details are set out in our Privacy Policy (Section 5).
The following additional terms apply to partners accessing MIA via API. These terms supplement (and do not replace) the rest of these Terms of Service.
API partners receive technical support as specified in their service agreement. General API documentation and integration guidance is available on request.
We may update these Terms from time to time. Material changes will be communicated to partners directly and published on our website. For API partners, we will provide at least 30 days' notice of material changes. Continued use of MIA after changes constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
These Terms, together with the Privacy Policy, any applicable service agreement, and any Data Processing Agreement, constitute the entire agreement between you and UNCAPT regarding MIA. In the event of a conflict between these Terms and a signed service agreement, the service agreement will prevail.
For questions about these Terms:
UNCAPT Pty Ltd
Email: legal@uncapt.com
ABN: 15 641 190 552