Terms of Service — MSK Atlas

1. Agreement

These Terms of Service ("Terms") govern your access to and use of MSK Atlas, a workforce musculoskeletal risk intelligence platform operated by Work Healthy Australia Pty Ltd ("WHA", "we", "us"). By accessing or using MSK Atlas you agree to be bound by these Terms. If you are accessing MSK Atlas on behalf of an organisation, you represent that you have authority to bind that organisation.

2. Permitted use

MSK Atlas is a business-to-business (B2B) analytics platform. It is intended for use by employers, insurers, occupational health providers, and related organisations to analyse aggregate workforce health data.

You must not use MSK Atlas to:

Upload or process individually identifiable health or personal data
Make clinical diagnoses or treatment decisions about individual patients
Circumvent access controls or attempt to access another organisation's data
Reverse-engineer, decompile, or copy any part of the platform
Resell or sublicence access to the platform without written consent

3. Accounts and access

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any suspected unauthorised access at legal@workhealthyaus.com.au.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.

4. Subscription and billing

Access to MSK Atlas is provided on an annual subscription basis. Subscription fees are invoiced annually in advance. All fees are in Australian Dollars (AUD) unless otherwise agreed in writing. Fees are non-refundable except as required by law or as expressly stated in a separate agreement.

Trial access and demo access ("demo mode") does not constitute a subscription and may be terminated at any time without notice.

5. Intellectual property

MSK Atlas, its source code, algorithms, risk models, AI insights, benchmark datasets, and all associated content are the intellectual property of Work Healthy Australia Pty Ltd. Nothing in these Terms grants you any rights in or to WHA's intellectual property other than the limited licence to use the platform as described herein.

You retain ownership of any data you upload to the platform. By uploading data, you grant WHA a limited licence to process that data solely to provide the services described in these Terms.

6. Disclaimer — not medical advice

MSK Atlas provides aggregate data analytics and workforce risk intelligence only. It does not provide medical advice, clinical diagnosis, or treatment recommendations for any individual.

Outputs from MSK Atlas (risk scores, benchmarks, AI insights) are statistical summaries intended to support operational and strategic decision-making. They must not be used as the sole basis for any clinical or legal decision. Organisations should seek qualified occupational health advice before acting on platform outputs.

7. Limitation of liability

To the maximum extent permitted by applicable law, WHA's total liability to you arising out of or in connection with the use of MSK Atlas shall not exceed the fees paid by you in the 12 months preceding the event giving rise to the claim.

WHA is not liable for indirect, incidental, consequential, or punitive damages including lost profits, lost data, or business interruption, even if advised of the possibility of such damages.

8. Service availability

We target 99.9% monthly uptime for Enterprise and Platform customers. We do not guarantee uninterrupted access and may perform scheduled maintenance with reasonable notice. Planned downtime does not constitute a breach of these Terms.

9. Governing law

These Terms are governed by the laws of New South Wales, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

10. Changes

We may modify these Terms with 30 days' notice to account administrators. Continued use after the notice period constitutes acceptance of the revised Terms. If you do not agree, you may terminate your subscription before the effective date.

11. Contact

Legal enquiries: legal@workhealthyaus.com.au
Work Healthy Australia Pty Ltd
Australia