Terms of Use

1. About Vocara

Vocara is an AI-assisted clinical documentation tool that helps registered New Zealand allied health practitioners generate session notes designed to meet ACC documentation requirements. Vocara is operated by Vocara Limited (NZBN 9429053850393), a company registered in New Zealand, with its registered office at 12 Ridings Road, Auckland 1050, New Zealand. Vocara Limited was founded by Lachlan Kennedy.

By creating an account or using Vocara, you agree to these Terms of Use. If you do not agree, do not use the service.

2. Eligibility

Vocara is intended for use by registered allied health practitioners in New Zealand who are authorised to provide ACC-funded treatment. By using Vocara, you confirm that you:

• Are a registered health practitioner under a relevant New Zealand registration authority
• Hold a current ACC provider agreement or are employed by a provider that does
• Are using Vocara solely for legitimate clinical documentation purposes
• Are 18 years of age or older

3. Vocara is not a medical device

Vocara is a documentation assistance tool. It is not a medical device, clinical decision support system, or diagnostic tool. Vocara does not:

• Provide clinical advice or recommendations
• Replace the clinical judgement of the treating practitioner
• Guarantee that any generated note is accurate, complete, or suitable for ACC submission
• Submit anything to ACC or any other party without your explicit instruction and attestation

By using the sign-off feature, you confirm that you have reviewed and edited the AI-generated draft and that it accurately reflects the clinical encounter. You accept full clinical and legal responsibility for the signed note.

Before recording any session, you must obtain verbal informed consent from your patient and inform them that an AI tool is used to assist in generating their clinical notes, that session audio is streamed to a secure third-party transcription provider to produce a text transcript in real time and is not retained by Vocara after transcription, and that all notes are reviewed by you before use.

As the data controller for your patients' health information, you are responsible for complying with the Health Information Privacy Code 2020, including any patient requests to access or correct their clinical records. Vocara acts as a data processor on your behalf.

4. Practitioner responsibility

You, as the treating practitioner, retain full clinical and legal responsibility for:

• Reviewing and editing all AI-generated notes before use
• Ensuring all clinical documentation is accurate and complete
• Compliance with your professional registration requirements
• Compliance with ACC provider obligations and the ACC Provider Agreement
• Compliance with the Health Information Privacy Code 2020
• Obtaining informed consent from patients before recording sessions
• Maintaining your own clinical records as required by your professional body

Vocara makes no guarantee of ACC audit compliance. The practitioner must review all output before submission.

5. Patient consent

Before recording any session using Vocara, you must obtain verbal informed consent from your patient. You must inform the patient:

• That the session will be recorded for clinical note generation purposes
• That session audio is streamed to a secure third-party transcription provider to create a text transcript in real time, and is not stored by Vocara after transcription
• That an AI tool is used to assist in generating their clinical notes
• That the treating practitioner reviews and signs all notes before use

We recommend documenting patient consent in the clinical record.

6. Acceptable use

You agree to use Vocara only for lawful purposes and in accordance with these Terms. You must not:

• Use Vocara to generate fraudulent, misleading, or inflated clinical notes
• Submit AI-generated notes without reviewing and editing them
• Allow unauthorised persons to access your Vocara account
• Record sessions without patient consent
• Use Vocara for any purpose other than legitimate clinical documentation
• Attempt to reverse engineer, copy, or exploit any part of the Vocara service
• Use Vocara in any way that breaches NZ law or your professional obligations

7. Account security

You are responsible for maintaining the security of your Vocara account. You must:

• Use a strong, unique password
• Not share your login credentials with any other person
• Log out of shared or clinical workstations after each session
• Notify us immediately at lachlan@vocara.co.nz if you suspect unauthorised access

8. Subscription and payment

Access to Vocara is provided on a subscription basis. Subscription fees are billed in advance on a monthly or annual cycle. By subscribing, you authorise us to charge your nominated payment method for the applicable fee.

• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period - no refunds are issued for unused time.
• We reserve the right to change subscription pricing with at least 30 days' written notice. Continued use after the effective date constitutes acceptance of the new pricing.
• Free trials, if offered, automatically convert to paid subscriptions at the end of the trial period unless cancelled beforehand.

9. Intellectual property

All clinical notes generated by Vocara are your intellectual property. Vocara claims no ownership over any clinical content you create, edit, or sign using the service.

The Vocara software, design, trademarks, and brand are owned by Vocara Limited. You may not copy, reproduce, reverse-engineer, or create derivative works from any part of the Vocara platform without written permission.

10. ACC direct API submissions

Vocara provides an optional feature that allows authorised practitioners to submit clinical documents and claims directly to the Accident Compensation Corporation (ACC) via ACC's approved API. Use of this feature is subject to the following conditions:

• (a) Practitioner warranties. By submitting any document or claim to ACC through Vocara, you warrant that: (i) you hold a current and valid ACC Provider Agreement; (ii) all information submitted is accurate, complete, and relates to a genuine injury claim; (iii) you have obtained all required patient consents; and (iv) you are authorised under your ACC Provider Agreement to submit the applicable document type.
• (b) Irreversibility. ACC submissions are processed immediately and cannot be recalled or reversed through Vocara once confirmed. You are solely responsible for reviewing all details before confirming any submission. Vocara's two-step attestation process is provided as a safeguard but does not constitute a guarantee against practitioner error.
• (c) No submission on behalf. Vocara transmits data you have prepared and attested to. Vocara does not act as your agent for ACC purposes and makes no representation that any submission will be accepted, approved, or funded by ACC.
• (d) Vocara's liability excluded. Vocara accepts no liability for: ACC declined claims, clawbacks, audits, or compliance findings arising from submissions made through this feature; errors in data you have entered; ACC system downtime or API failures; or submissions made by any person accessing your account.
• (e) Discipline restrictions. ACC Medical Certificates may only be submitted through Vocara by practitioners who are registered General Practitioners or Nurse Practitioners under their ACC Provider Agreement. Submissions from other disciplines are blocked at the system level.
• (f) Compliance environment. Until ACC grants production API access, all submissions are directed to ACC's compliance (non-production) environment. Practitioners will be notified in-app when the feature is live on the production ACC system.

11. Limitations of liability

11.1 Your review is what makes a note safe to use. Nothing in this clause reduces your obligations under clause 3 (Vocara is not a medical device) and clause 4 (Practitioner responsibility). Every note Vocara produces is an AI-assisted draft. It becomes a clinical record only when you have reviewed it, edited it where necessary, and signed it. The exclusions below are given on that basis.

11.2 To the maximum extent permitted by New Zealand law, and subject to clauses 11.4 and 11.5, Vocara, its operator Vocara Limited, and their respective directors, employees, contractors and agents are not liable for:

• (a) any inaccuracy, omission, or error in an AI-generated clinical note, rehabilitation plan, referral letter, ACC document, or other output
• (b) any ACC audit finding, declined claim, clawback, funding decision, or compliance failure arising from the use of Vocara output
• (c) any clinical harm, adverse patient outcome, complaint, or professional disciplinary action arising from reliance on Vocara output
• (d) loss of, or unauthorised access to, data caused by anything outside Vocara's reasonable control, including your own act or omission, the act of any person using your account credentials, the act of any third party, or the failure or compromise of any third-party service Vocara relies on
• (e) loss arising from service interruption, technical failure, software defect, scheduled or emergency maintenance, or force majeure
• (f) any indirect, consequential, special, exemplary, or punitive loss of any kind, including loss of profit, revenue, goodwill, business opportunity, or anticipated saving, even if Vocara has been advised of the possibility of that loss

11.3 Cap on liability. Where Vocara is liable to you despite clause 11.2, its total aggregate liability for all claims arising from these Terms or your use of Vocara is limited to the greater of (i) NZD 500, or (ii) the total subscription fees you paid in the three months immediately before the event giving rise to the claim.

11.4 What is never excluded. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for wilful misconduct.

11.5 Your statutory rights. Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Privacy Act 2020, or the Health Information Privacy Code 2020, to the extent those rights cannot lawfully be excluded or modified by contract.

11.6 Business use. Where you acquire Vocara for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, in accordance with section 43(2) of that Act. You acknowledge that it is fair and reasonable for the parties to be bound by this clause.

12. Account termination

You may close your account at any time by contacting lachlan@vocara.co.nz.

We may suspend or terminate your account without notice if we reasonably believe you have:

• Breached any provision of these Terms
• Used Vocara for fraudulent or unlawful purposes
• Engaged in conduct that puts patients, third parties, or Vocara at risk

Upon termination, your access to the service will cease. We will handle your data in accordance with our Privacy Policy.

13. Changes to these terms

We may update these Terms from time to time. Material changes will be notified by email or in-app notice with at least 14 days' notice before taking effect. Continued use after the effective date constitutes acceptance of the updated Terms.

14. Governing law and jurisdiction

These Terms are governed by the laws of New Zealand. Any dispute arising from these Terms or your use of Vocara will be subject to the exclusive jurisdiction of the New Zealand courts.

15. Contact

For questions about these Terms:
lachlan@vocara.co.nz
Vocara Limited · NZBN 9429053850393 · 12 Ridings Road, Auckland 1050, New Zealand