Applicable Laws means all laws, regulations, codes, directives, and standards applicable to the sale, use, and operation of the Device in the relevant jurisdiction.
Customer means the purchaser or pre-orderer of the Device ("you"/"your").
Defective Product means a Device that, at delivery, contains a defect in materials or workmanship preventing it from functioning materially in accordance with its intended purpose.
Device means the Heidi Remote audio capture device, including pre-installed firmware.
Heidi means Heidi Health Trading Pty Ltd (ABN 84 649 783 871), including authorised fulfilment/distribution partners.
Heidi Application means the Heidi platform (web or mobile) used to process and generate documentation from audio captured by the Device.
Order means a Customer's request to purchase one or more Devices via the Heidi e-commerce platform, enterprise PO, or other accepted mechanism.
Early Access Program means the pre-general-release program under which the Device is currently made available.
Purchase Price means the price displayed at time of Order or per agreed enterprise quotation, exclusive of taxes, duties, and shipping (unless otherwise required by law).
Terms means these Terms, including all Schedules.
User means any individual who operates or uses the Device.
Warranty Period means as described in Section 6.
2. Early Access Program
2.1 Pre-Release Acknowledgement. The Device is pre-release. Design, specifications, firmware, and functionality may change before any commercial release.
2.2 No Obligation to Release. Heidi reserves the right to modify, discontinue, or withdraw the Device at any time during the Early Access Program.
2.3 Feedback and Improvements. Feedback provided by Customers may be used by Heidi without restriction or compensation. Heidi owns all IP in improvements arising from such feedback.
2.4 Continuation of Terms. These Terms continue to apply regardless of any subsequent general commercial release.
3. Pre-Orders, Pricing, and Payment
3.1 Pre-Order Process. Pre-orders are a commitment to purchase. Invoices are issued ~30 days before estimated ship date. Payment must be received by the invoice due date. Fulfilment is first-paid basis; stock is limited. Non-payment by the due date may result in cancellation without notice. No Device will be dispatched until full payment is received. Heidi may limit order quantities.
3.2 Pricing and Payment. Amounts are payable in the currency stated on the invoice. Heidi may adjust pricing for future orders to reflect cost changes.
3.3 Taxes and Duties. You are responsible for applicable taxes (GST, VAT, sales tax), duties, and import charges unless stated otherwise.
3.4 Minimum Order Quantities. Orders are processed on a sales-led basis during the Early Access Program. Minimum order quantities may apply and will be communicated by your Heidi sales representative.
4. Shipping and Delivery
4.1 Shipping Methods and Regions. Shipping is available to supported markets only, facilitated through Heidi's authorised fulfilment partner(s). Shipping costs appear on the invoice.
4.2 Dispatch and Delivery Estimates. All timelines are estimates only and may change due to manufacturing, QA, regulatory, logistics, or supply chain factors. Where in stock, Heidi will use reasonable efforts to dispatch within 1–2 business days of receiving payment. If out of stock, longer delivery times may apply and Heidi will notify you of the revised estimated dispatch date.
5. Cancellations, Returns, and Refunds
5.1 Change of Mind / Cooling Off. You may request a refund for any reason within 30 days of delivery by contacting support@heidihealth.com. If Heidi requests the return, the Device must be returned with all original packaging, accessories, and documentation. This is without prejudice to any mandatory cooling-off rights under Applicable Laws.
5.2 Refund Processing. Eligible refunds cover the Purchase Price. Additional fees may be refunded where mandated by Applicable Laws.
5.3 Enterprise Orders. Refund terms for enterprise/bulk orders may be governed by separate agreed terms; otherwise this section applies.
5.4 Data Deletion on Return. All data on returned Devices will be permanently deleted upon receipt. Heidi accepts no liability for loss of unsynchronised data.
5.5 Consumer Statutory Rights. Nothing in this section excludes or limits applicable statutory consumer rights or guarantees.
6. Warranty
6.1 Warranty. Heidi provides a limited warranty that for 12 months from delivery, the Device will be free from defects in materials or workmanship that prevent it from functioning materially in accordance with its intended purpose.
6.2 Exclusions. The warranty does not cover misuse, accidental damage, unauthorised modification, normal wear and tear (including cosmetic damage), improper operation/maintenance, force majeure damage, or use contrary to instructions. Heidi's remedy is limited to replacement or refund of the defective Device.
6.3 Local Requirements. Applicable local law consumer rights apply where they provide additional or different protections.
6.4 Warranty Claim Process. Contact support@heidihealth.com with: proof of purchase, Device serial number, description of the defect, and supporting evidence. Heidi may request return of the Device for inspection. If defective at time of delivery, Section 7.1 applies.
7. Defective, Lost, Stolen, or Damaged Devices
7.1 Defective at Delivery. You may elect a replacement or refund (subject to Applicable Law). Heidi will first attempt to troubleshoot. If unresolved, Heidi may request photographic/video evidence before proceeding.
7.2 Damaged Device. Damage through accident, misuse, water exposure, extreme conditions (outside 0°C–45°C), unauthorised modification, or disassembly renders the Device ineligible for return, replacement, or refund under Sections 5 or 6.
8. Use, Restrictions, Safety, and Limitations
8.1 About the Device. The Device is a portable audio capture microphone usable as a general-purpose microphone or paired with the Heidi application for clinical documentation. The User remains solely responsible for all professional, clinical, and operational decisions. When used with the Heidi Application, the Device supports: capturing consultation audio, controlling session recording via physical controls, and syncing audio to the Customer's Heidi account. Use outside the Heidi application is at the user's own discretion and responsibility.
8.2 Usage Policy: You agree to comply with the Heidi Remote Usage Policy, as updated from time to time in Heidi’s discretion.
9. Compliance and Export
You will comply with all Applicable Laws relating to the import, export, distribution, and use of the Device.
10. Consent Obligations
You are responsible for obtaining all required consents before recording any interaction, including patient consent for clinical recordings. Recording consent requirements vary by jurisdiction and may include all-party consent. You must also comply with applicable surveillance laws in your jurisdiction(s).
11. Regulatory Status
The Device is a general-purpose audio input peripheral. It is not supplied as a medical device or as an accessory to a medical device in any jurisdiction.
12. Disclaimer
Except as expressly set out in these Terms, the Device is provided "as is" and "as available." Heidi disclaims all other warranties (express, implied, statutory, or otherwise), including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by Applicable Law. Subject to applicable local consumer protection rights.
13. Insurance
Heidi maintains, or will procure prior to first shipment, appropriate product liability insurance covering the Device.
14. Liability
To the maximum extent permitted by Applicable Law:
Heidi's total aggregate liability is limited to the amount paid for the Device giving rise to the claim.
Heidi is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity.
Nothing excludes or limits Heidi's liability for:
Death or personal injury caused by Heidi's negligence;
Fraud or fraudulent misrepresentation;
Any liability that cannot be lawfully excluded, including Australian Consumer Law guarantees.
15. Intellectual Property
The Device (including design, firmware, and branding) remains the property of Heidi Health Trading Pty Ltd and its licensors. Purchase does not transfer any IP rights beyond a limited right to use the Device for its intended purpose. Reverse-engineering, decompiling, or disassembling the Device or firmware is prohibited except where required by Applicable Law.
16. Confidentiality
You may receive confidential information regarding Device design, specifications, or pre-release features. You agree not to disclose such information to any third party without Heidi's prior written consent, except where: (a) the information becomes publicly available through no fault of yours; or (b) disclosure is required by law.
17. General Provisions
These Terms and the Heidi Remote Usage Policy apply to your purchase and use of the Heidi Remote. Heidi’s Terms of Use and other Heidi terms that you agree to continue to apply to your use of Heidi software and services. Heidi may update these Terms from time to time and the version in effect at time of order applies to that order.
17.1 Governing Law and Dispute Resolution. These terms are governed by the laws specified below, excluding conflict of laws principles. Where your jurisdiction cannot be determined or is not supported, the laws of Victoria, Australia apply.
17.2 Customers located in Australia. These Terms are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
17.3 Customers located in Canada. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and the parties submit to the exclusive jurisdiction of the courts of Ontario, Canada.
17.4 Customers located in the United Kingdom. These Terms are governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
17.5 Customers located in the United States. These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and the parties submit to the exclusive jurisdiction of the federal and state courts located in Delaware.
17.6 Customers in the European Union, European Economic Area, or Switzerland. These Terms are governed by the laws of Ireland, and the parties submit to the exclusive jurisdiction of the courts of Ireland.
17.7 Dispute Resolution. The parties agree to attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation. If a dispute cannot be resolved within 30 days of written notice, either party may refer the dispute to mediation. If mediation is unsuccessful, either party may pursue resolution through the courts of the applicable jurisdiction as set out in this Section.