In these Terms, unless the context otherwise requires:
Applicable Laws means all laws, regulations, codes, directives, and standards applicable to the sale, use, and operation of the Device in the relevant jurisdiction, including consumer protection laws, privacy and data protection legislation, and recording consent requirements.
Customer means the purchaser or pre-orderer of the Device under these Terms, also referred to as "you" or "your."
Defective Product means a Device that, at the time of delivery, contains a defect in materials or workmanship that prevents it from functioning materially in accordance with its intended purpose and documentation.
Device means the Heidi Remote, the audio capture device, including any firmware pre-installed at the time of delivery.
Heidi means Heidi Health Trading Pty Ltd (ABN 84 649 783 871), an Australian proprietary limited company, including its authorised fulfilment and distribution partners acting on its behalf.
Heidi Application means the Heidi platform, accessible via web or mobile, that can be used to process and generate documentation from audio captured by the Device.
Order means a Customer's request to purchase one or more Devices, submitted through the Heidi e-commerce platform, an enterprise purchase order, or other ordering mechanism accepted by Heidi.
Early Access Program means the early-access program under which the Device is made available to Customers prior to general commercial release, subject to these Terms.
Purchase Price means the price payable for the Device as displayed at the time of Order or as set out in an agreed enterprise quotation, exclusive of applicable taxes, duties, and shipping costs unless otherwise required by applicable laws.
Terms means these Terms of Sale, including all Schedules.
User means any individual who operates or uses the Device.
Warranty Period means the warranty period described in Section 6.
General Terms
2. Early Access Program
2.1 Pre-Release Acknowledgement. The Device is being made available under a Early Access Program prior to general commercial release. By participating in the Early Access Program, the Customer acknowledges and agrees that the Device is a pre-release product. The design, specifications, firmware, and functionality of the Device may change between the Early Access version and any subsequent commercial release.
2.2 No Obligation to Release. Participation in the Early Access Program does not guarantee that Heidi will proceed with a general commercial release of the Device. Heidi reserves the right to modify, discontinue, or withdraw the Device at any time during the Early Access Program.
2.3 Feedback and Improvements. Customers may be invited to provide feedback on the Device during the Early Access Program. Any feedback, suggestions, ideas, or reports provided to Heidi may be used by Heidi without restriction or compensation to develop, improve, or modify the Device or other Heidi products and services. Heidi shall own all intellectual property rights in any improvements arising from such feedback.
2.4 Continuation of Terms. These Terms continue to apply to Devices purchased during the Early Access Program, regardless of any subsequent general commercial release.
3. Pre-Orders, Pricing, and Payment
3.1 Pre-Order Process. During the Early Access Program, the Device may be made available for pre-order prior to their ready-to-ship date. A pre-order constitutes a commitment to purchase. Heidi will then issue an invoice approximately 30 days before the estimated ship date. Payment must be received by the invoice due date. Pre-orders are fulfilled on a first-paid basis. Stock is limited and availability cannot be guaranteed. If you do not pay by the invoice due date, your pre-order may be cancelled without further notice and the Device allocated to other customers. Heidi will not dispatch any Device until full payment has been received. Heidi reserves the right to limit order quantities during the Early Access Program.
3.2 Pricing and Payment. All amounts are payable in the amounts and currency stated on the invoice and in accordance with the payment terms on that invoice. Heidi reserves the right to adjust pricing for future orders to reflect changes in manufacturing, component, or logistics costs.
3.3 Taxes and Duties. You are responsible for any applicable taxes (including GST, VAT, and applicable sales tax), duties, or import charges unless stated otherwise.
3.4 Minimum Order Quantities. During the Early Access Program, orders are processed on a sales-led basis. 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. Delivery is facilitated through Heidi's authorised fulfilment partner(s). Shipping costs will be displayed on the invoice.
4.2 Dispatch and Delivery Estimates. Any dispatch and delivery timelines are estimates only and may change due to manufacturing, quality assurance, regulatory, logistics, or supply chain factors. Where the Device is in stock, Heidi will use reasonable efforts to dispatch within 1–2 business days of receiving payment. Order fulfilment is subject to stock availability. If the Device is out of stock at the time of order, 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 Period. You may request a refund for any reason within 14 days of delivery by contacting Heidi at support@heidihealth.com. Heidi will assess your eligibility for a refund. If Heidi requests the return of the Device, it must be returned with all original packaging, accessories, and documentation. This 14 day return period is without prejudice to any mandatory cooling-off or withdrawal rights under Applicable Laws, which may provide additional protections.
5.2 Refund Processing. If you are eligible for a refund, Heidi will issue a refund of the Purchase Price. Refunds of particular fees may be required where mandated by Applicable Laws.
5.3 Enterprise Orders. Refund terms for enterprise or bulk orders may be subject to separate terms as agreed in the applicable enterprise order agreement. In the absence of separate terms, this section applies.
5.4 Data Deletion on Return. All data on any returned Device will be permanently deleted upon receipt by Heidi. Heidi accepts no liability for loss of unsynchronised data on returned devices.
5.5 Consumer Statutory Rights. Nothing in this section excludes or limits any applicable statutory consumer rights or guarantees that cannot be lawfully excluded.
6. Warranty
Heidi provides a limited warranty that, for 12 months from delivery, the Device will be free from any defect(s) in materials or workmanship that prevents it from functioning materially in accordance with its intended purpose and documentation.
6.1 Warranty Exclusion. This warranty does not cover misuse, accidental damage, unauthorized modification, normal wear and tear (including cosmetic damage), improper operation or maintenance, damage due to force majeure events, or use contrary to instructions. Without limiting any rights available to you under Applicable Laws, Heidi's remedy under this warranty is limited to replacement or refund of the defective Device.
6.2 Local Requirements. Where applicable local law provides additional or different consumer rights or guarantees, those rights apply.
6.3 Warranty Claim Process. To make a warranty claim, contact Heidi at support@heidihealth.com with proof of purchase, the Device serial number, a description of the defect, and any supporting evidence. Heidi may request the return of the Device for inspection before determining the appropriate remedy. If the Device is defective at the time of delivery, Section 7.1 applies.
7. Defective, Lost, Stolen, or Damaged Devices
7.1 Defective Device. If the Device is defective at the time of delivery, you may elect, subject to Applicable Law, a replacement or refund. If you believe the Device is defective, please contact support@heidihealth.com. Heidi will first work with you to troubleshoot the issue, as many reported defects can be resolved without a replacement. If the issue cannot be resolved through troubleshooting, Heidi may then request photographic or video evidence to confirm the defect before proceeding with a remedy.
7.2 Damaged Device. If the Device is damaged through accident, misuse, exposure to water or extreme conditions outside the specified operating range (0°C to 45°C), unauthorised modification, or disassembly, it is not eligible for return, replacement, or refund under Section 5 or Section 6.
8. Use, Restrictions, Safety, and Limitations
8.1 About the Device. The Device is a portable audio capture microphone that can be used as a general purpose microphone or paired with the Heidi application to capture audio for clinical documentation. When used in a healthcare setting, the User remains solely responsible for all professional, clinical, and operational decisions. When used with the Heidi application, the Device supports capturing audio of consultations and other encounters, controlling session recording (start, pause, resume, end) via the Device's physical controls, and synchronising captured audio to the Customer's Heidi account for documentation generation. Data security and privacy protections for audio captured through the Heidi application are governed by the Heidi application's terms and compliance certifications. Use of the Device outside of the Heidi application is at the user's own discretion and responsibility.
8.2 Prohibited Uses
a. Covert recording: The Device must not be used for covert or undisclosed recording. The LED indicator visually communicates the recording state and must not be intentionally obscured or disabled.
b. Multi-user sharing without re-pairing: The Device is paired to a single Heidi account at a time. Sharing without proper unpairing and re-pairing may result in data being attributed to the wrong account and loss of locally stored data.
c. Long-term data storage: The Device's on-board storage (32 GB) is for temporary retention only during offline operation. It is not a permanent storage medium or system of record.
d. EHR-integrated workflows: The Device does not currently support use within integrated Electronic Health Record workflows.
8.3 Safety and Handling. You must not disassemble, modify, or attempt to repair the Device. Do not immerse in water or expose to liquids. The Device contains a lithium battery. All shipments containing lithium batteries comply with applicable dangerous goods regulations. Do not expose the Device to fire or extreme heat (above 45°C). Charge only with the supplied USB-C cable using a 5V/500mA–1000mA adapter. The Device body is made of antibacterial material but this does not replace standard infection control procedures. Keep out of reach of children.
8.4 Connectivity and Performance Limitations. The Customer acknowledges the following operational limitations during the Early Access Program:
Wireless range between the Device and paired device may vary depending on physical barriers, environmental interference, and network congestion.
Battery life of approximately 14 hours is an estimate under standard conditions; heavy wireless use may reduce battery life.
If battery depletes mid-session, recording may terminate unexpectedly.
Offline mode is automatic when connectivity is lost; stored sessions sync automatically when connectivity is restored.
9. Compliance and Export
You will comply with all Applicable Laws and regulations relating to the import, export, distribution, and use of the Device.
10. Consent Obligations
You are responsible for obtaining all required consents before using the Device to record any interaction, including patient consent for clinical recordings. Recording consent requirements vary by jurisdiction and may include all-party consent in certain jurisdictions. You must also ensure compliance with all applicable surveillance laws in the jurisdiction(s) in which you operate.
11. Regulatory Status
The Device is a general-purpose audio input peripheral. The Device is not supplied as a medical device and is not supplied 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, whether 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. This disclaimer is 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 arising out of or in connection with the Device is limited to the amount paid for the Device giving rise to the claim. To the maximum extent permitted by Applicable Law, Heidi is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity. Nothing in this section excludes or limits Heidi's liability for: (a) death or personal injury caused by Heidi's negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be lawfully excluded under Applicable Law, including Australian Consumer Law guarantees.
15. Intellectual Property
The Device, including its design, firmware, and branding, remains the property of Heidi Health Trading Pty Ltd and its licensors. Purchasing the Device does not transfer any intellectual property rights beyond a limited right to use the Device for its intended purpose. You must not reverse-engineer, decompile, or disassemble the Device or its firmware, except where prohibited by Applicable Law.
16. Confidentiality
You may receive confidential information regarding the 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 the information becomes publicly available through no fault of yours, or disclosure is required by law.
17. General Provisions
These terms govern Device purchases only. Heidi's Device Terms of Use and Privacy Policy, as published on Heidi's website and updated from time to time, continue to apply to use of Heidi software and services. Heidi may update these terms from time to time. The version in effect at the time of your 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.
End of General Terms
By executing this agreement and placing an Order for the Device, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms (including all Schedules), as well as Heidi's Terms of Use, Privacy Policy, and Heidi Remote Policy, each as published on Heidi's website and updated from time to time.