Legal

Terms of Service

Last updated: 1 June 2026 · Effective date: 1 June 2026

In plain English

These bullets are a guide. The numbered clauses below are what we both agree to.

1. Who we are and what these terms cover

“Lucid”, “we”, or “us” means Lucid MedComms, operated by Feisia Dam as a sole trader, ABN 45 941 988 285, of Sydney, Australia. Lucid Audience Lab is a service line of Lucid MedComms.

These Terms of Service, together with our Privacy Policy, govern your use of lab.lucidmedcomms.com (the “Site”) and the Lucid Audience Lab managed evaluation service (the “Service”).

For a single prepaid evaluation, these Terms together with your order and our invoice or receipt form the agreement between us — no separate signed document is required. For multi-evaluation packs and bespoke engagements, we confirm scope, deliverables, fees, and turnaround in a written quote, order confirmation, or Scope of Work (SOW), which may be raised against your purchase order. For enterprise customers, the SOW may sit under a Master Services Agreement (MSA). If there is a conflict between the SOW (or MSA) and these terms, the SOW (or MSA) prevails for that engagement.

2. Acceptance

By submitting an enquiry through the Site, instructing us to run an evaluation, or otherwise using the Service, you agree to these terms and the Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old. If you are using the Service on behalf of a company, agency, or other organisation, you confirm you have authority to bind that organisation, and “you” in these terms includes that organisation.

3. The Service

Lucid Audience Lab is a managed, human-in-the-loop service. You send us a content asset and a brief; we run an AI-simulated audience evaluation and deliver a structured report (scores, panel design, suggested improvements, and a quote bank). We review each report before delivery.

Scope, deliverables, fees, and turnaround are confirmed in writing before we start — in our quote or order confirmation for a single evaluation, or a Scope of Work for packs and bespoke work. We may offer a first evaluation at no charge at our discretion.

4. Fees and invoicing

Fees are charged per engagement, as quoted before we start. Fees are in Australian Dollars and exclude GST unless otherwise stated; GST is added where applicable.

  • Single evaluations are payable in advance by card.
  • Packs and bespoke engagements are invoiced (through Stripe or our accounting system). Where you use a purchase order, we require a valid PO before we begin work, and payment is due per the terms on the invoice. We may require a deposit or stage payments for larger or first-time engagements.

There are no subscriptions and no auto-renewing charges.

5. Your content

“Customer Content” means anything you send us for evaluation — drafts, documents, briefs, files, images, instructions, and any feedback you provide.

  • You own Customer Content. We do not claim ownership. You grant us a non-exclusive, royalty-free licence to host, store, process, and adapt it solely as necessary to provide the Service to you.
  • You warrant that you own or have all necessary rights to send us the Customer Content; that doing so does not breach any third-party right, contract, or law; and that you have obtained all consents required for any personal information it contains, including consent for cross-border processing under Australian Privacy Principle 8.
  • No patient data. You must not send protected health information, identifiable patient data, or other regulated health data. The Service is not configured for it and we do not enter into HIPAA Business Associate Agreements.
  • Regulated content. If the Customer Content advertises or promotes therapeutic goods, you warrant that it complies with the Therapeutic Goods Act 1989 (Cth), the Therapeutic Goods Advertising Code, the Medicines Australia Code of Conduct (current edition), the AANA Code of Ethics, and the Australian Consumer Law.

6. The report (what the Service produces)

“Output” means anything the Service produces from Customer Content — panel responses, themes, scores, suggested improvements, and reports. As between you and us, you own Outputs, and to the extent any intellectual property rights subsist in them, we assign those rights to you. Where fees are payable for an engagement, your ownership of, and right to use, the Output is granted on payment in full of those fees.

Outputs are advisory. They are AI-simulated audience reactions. They do not represent the views of any real person and may be inaccurate, incomplete, or misleading. They are not:

  • a substitute for human review;
  • a substitute for live audience research;
  • regulatory advice, medical advice, or legal advice;
  • a clinical decision-support tool; or
  • a medical device.

You are responsible for editorial judgement over any use of Outputs. You agree not to rely on them as the sole basis for any consequential decision, and to apply human review before publishing or otherwise acting on them.

Each Output is generated for your evaluation. Where two customers submit substantially similar content, the Service may produce similar themes or recommendations; we do not warrant that Outputs are exclusive across our customers.

7. AI-specific terms

  • No training on your content.We will not use Customer Content or Outputs to train, fine-tune, or otherwise improve any AI model. This applies to any third-party AI model we use (currently Anthropic’s Claude, whose commercial terms state Anthropic does not train models on customer content from its services).
  • Handling of your files. To run your evaluation we may download the asset you send us to a working device; we delete it once your report has been generated. The text we extract is retained for up to 30 days after delivery, then purged. The full retention schedule is in the Privacy Policy.
  • Cross-border processing. AI inference runs on Anthropic infrastructure in the United States. By using the Service you acknowledge this and confirm you have any consents required under APP 8 for personal information you send us.
  • Our confidential components. Our system prompts, persona library, panel-design logic, and evaluation methodology are our confidential information. You must not attempt to extract, reverse-engineer, or derive them.

8. Confidentiality

Each party will use the other’s confidential information only to perform the agreement, will not disclose it except to sub-processors listed in the Privacy Policy, advisers under confidentiality, or where required by law, and will protect it with at least reasonable care. Customer Content is your confidential information. These obligations survive for five years (and indefinitely for trade secrets).

9. Our intellectual property

We own all rights in the Site and the Service, including the software, design, brand, system prompts, persona library, and evaluation methodology. You receive the delivered report to use for your own purposes; nothing in these terms transfers ownership of the Service to you. You must not copy or reverse-engineer the Service, use it to build a competing service, or resell access without our written consent.

If you give us suggestions or feedback, we may use them without restriction or compensation.

10. Privacy and security

How we handle personal information is described in our Privacy Policy. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. All traffic is encrypted in transit and our database is encrypted at rest.

11. Warranties and the Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot be excluded by agreement.

To the extent permitted by ACL s 64A, where the Service is not of a kind ordinarily acquired for personal, domestic, or household use, our liability for breach of a consumer guarantee is limited, at our discretion, to supplying the Service again or paying the cost of having it supplied again.

Subject to the above, and to the maximum extent permitted by law, we exclude all other warranties, including that the Service will be uninterrupted or error-free, and warranties about the accuracy, reliability, or completeness of Outputs (clause 6 governs).

12. Limitation of liability

Subject to clause 11 and the carve-outs below, our total aggregate liability arising out of or in connection with the agreement is limited to the greater of (a) the fees you paid us for the relevant engagement in the 12 months before the event giving rise to the liability, or (b) AUD 2,500.

Neither party is liable for loss of profit, revenue, business, goodwill, or opportunity, or for any indirect or consequential loss. These limits do not apply to breach of confidentiality, the indemnity below, fraud or wilful misconduct, payment obligations, or any liability that cannot be limited under the Australian Consumer Law.

13. Indemnity

You will indemnify us against any third-party claim, loss, or expense (including reasonable legal costs) arising from your Customer Content infringing a third party’s rights, your breach of the warranties in clause 5, or your misuse of the Service. We do not provide an intellectual-property indemnity for Outputs; an enterprise engagement may negotiate one in its Scope of Work or Master Services Agreement.

14. Changes to these terms

We may update these terms when the Service changes or the law changes. The “last updated” date at the top reflects the latest version. For material changes we will take reasonable steps to bring them to your attention. Continued use of the Service after a change takes effect is your acceptance of the updated terms.

15. Governing law and disputes

These terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of its courts. Before starting court proceedings (other than for urgent interim relief), the parties will give written notice of the dispute and attempt to resolve it in good faith, and then by mediation if it remains unresolved after 30 days.

16. General

Neither party is liable for delay or failure caused by events beyond its reasonable control (including third-party service outages such as the Anthropic API). You may not assign these terms without our consent; we may assign them in connection with a sale or restructure of the business. If a clause is unenforceable, it is read down to the minimum extent necessary and the rest continues. A failure to enforce a clause is not a waiver. These terms (with the Privacy Policy and any Scope of Work) are the entire agreement between us — nothing in them excludes liability for misleading conduct under ACL s 18. The parties are independent contractors. You consent to receive communications from us electronically under the Electronic Transactions Act 1999 (Cth).

17. Contact