Terms and Conditions

1. Introduction

1.1 These Terms and Conditions ("Terms") govern the use of the AI chat assistant services ("Services") provided by Optimum Labs Pty Ltd, ACN 692 118 764, ABN 60 692 118 764, trading as Purity AI ("Provider").

1.2 By engaging the Provider and signing the Service Agreement, the Client agrees to be bound by these Terms.

1.3 These Terms are to be read in conjunction with the Service Agreement and Privacy Policy. In the event of any inconsistency, the Service Agreement takes precedence.

1.4 The Provider may update these Terms from time to time. The Client will be notified of material changes in writing with at least 14 days' notice.

2. Definitions

"Client" means the healthcare practice or business entity that has entered into a Service Agreement with the Provider.

"Services" means the AI chat assistant, initial setup and configuration, and ongoing maintenance and support as described in the Service Agreement.

"AI Assistant" means the AI-powered chat widget deployed on the Client's website as part of the Services.

"Practice Information" means information provided by the Client about their practice, including hours, services, pricing, FAQs, and the URL of the Client's online booking page.

"Service Agreement" means the executed agreement between the Provider and the Client governing the specific scope, fees, and terms of engagement.

3. Scope of Services

3.1 The Provider will deliver the Services as outlined in the Service Agreement, including the deployment of a configured AI chat assistant on the Client's website.

3.2 The AI Assistant is designed to handle general enquiries only — services, pricing, hours, location, parking, insurance, and FAQs.

3.3 For appointment bookings, changes, or cancellations, the AI Assistant directs users to the Client's online booking page or asks them to call the Client directly. The AI Assistant does not collect booking details, take bookings, confirm appointments, or forward booking information to the Client.

3.4 The AI Assistant will not provide medical or clinical advice, diagnose conditions, recommend treatments, access clinical health records, or replace qualified healthcare professionals.

3.5 The Provider does not guarantee any specific business outcomes, including increased bookings, revenue, or patient retention.

4. AI Assistant Conduct and Limitations

4.1 The AI Assistant is configured with safeguards to deflect clinical questions and redirect users to contact the practice or seek medical advice from their referring doctor.

4.2 The Provider makes reasonable efforts to ensure the AI Assistant provides accurate information based on Practice Information supplied by the Client. The Provider does not guarantee the accuracy, completeness, or timeliness of AI-generated responses.

4.3 The AI Assistant processes messages in real time via the Anthropic API. Conversations are not retained by the Provider and are not used for AI model training.

4.4 The Client acknowledges that AI technology may occasionally produce unexpected or inaccurate responses. The Client is responsible for reviewing the AI Assistant's behaviour periodically and notifying the Provider of any concerns.

4.5 The Provider implements technical safeguards including rate limiting, message length restrictions, and prompt injection protections to maintain system integrity.

5. Client Obligations

5.1 The Client must provide accurate and up-to-date Practice Information for the AI Assistant, including hours, services, pricing, FAQs, the URL of their online booking page, and any changes to these as they occur.

5.2 The Client must notify the Provider of any changes to Practice Information within a reasonable timeframe to allow the system to be updated.

5.3 The Client is responsible for maintaining their own online booking page or alternative booking channel. The Provider is not responsible for the availability, performance, or content of the Client's booking systems.

5.4 The Client must not use the Services for any unlawful purpose or in any manner that could damage, disable, or impair the system.

5.5 The Client must not attempt to reverse-engineer, decompile, or extract the AI system's underlying logic, system prompts, or configuration.

5.6 The Client is responsible for ensuring that the deployment of the AI Assistant on their website complies with applicable industry regulations, including AHPRA advertising guidelines where relevant.

6. Fees and Payment

6.1 Fees for the Services are as set out in the Service Agreement.

6.2 All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.

6.3 Payment is due within 14 days of invoice. The Provider may suspend Services if payment is more than 30 days overdue.

6.4 The setup fee is non-refundable once work has commenced. Monthly service fees are not refundable for partial months.

6.5 The Provider may adjust monthly service fees with 30 days' written notice to the Client.

7. Data and Privacy

7.1 The AI Assistant is designed to minimise data collection. It does not collect, store, or transmit personal information about end users.

7.2 Messages sent through the AI Assistant are processed in real time by the Anthropic API for the sole purpose of generating a response. No conversation history is retained by the Provider.

7.3 Anthropic does not retain or use API-submitted data for model training.

7.4 If a user chooses to make a booking, they are directed to the Client's online booking page. Any information collected on the Client's booking page is governed by the Client's own privacy policy and is not handled by the Provider.

7.5 The Provider handles data in compliance with the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs).

7.6 In the unlikely event of a security incident affecting the Services, the Provider will notify the Client as soon as reasonably practicable and cooperate with any investigation or notification requirements under the Notifiable Data Breaches scheme.

7.7 Full details of data handling are set out in the Provider's Privacy Policy at purityai.io/privacy.

8. Intellectual Property

8.1 The Provider retains ownership of all software, systems, workflows, AI configurations, system prompts, and code that comprise the Services.

8.2 The Client is granted a non-exclusive, non-transferable licence to use the Services for the duration of the Service Agreement.

8.3 The Client retains ownership of all Practice Information and branding assets they provide.

8.4 The Client must not reproduce, distribute, sublicense, or make available any part of the Provider's system to third parties without prior written consent.

8.5 The Client grants the Provider permission to list the Client as a customer and to use anonymised, aggregated performance data for marketing purposes, unless the Client opts out in writing.

9. Uptime and Support

9.1 The Provider targets 99% system uptime for the AI Assistant, measured on a monthly basis. Scheduled maintenance will be communicated to the Client in advance where possible.

9.2 The Provider will respond to support requests within 1 business day. Urgent matters affecting system availability will be prioritised.

9.3 Uptime targets are best-effort targets and not guarantees. The Provider is not liable for downtime caused by third-party service providers, internet outages, hosting platform issues, or circumstances beyond the Provider's reasonable control.

10. Limitation of Liability

10.1 To the maximum extent permitted by law, the Provider's total liability under these Terms and the Service Agreement is limited to the total fees paid by the Client in the 3 months preceding any claim.

10.2 To the maximum extent permitted by law, the Provider is not liable for:

• (a) clinical outcomes or patient health decisions;
• (b) missed appointments or scheduling errors not caused by Provider system malfunction;
• (c) loss of revenue, profits, or anticipated savings;
• (d) actions taken by users based on AI interactions;
• (e) issues arising from incorrect or outdated Practice Information provided by the Client;
• (f) the availability, performance, or content of the Client's booking page or any other Client-operated system;
• (g) interruptions to third-party services including Anthropic API and Cloudflare hosting infrastructure.

10.3 The Client indemnifies the Provider against any claims arising from: (a) inaccurate Practice Information provided to the Provider, (b) clinical matters unrelated to the Services, or (c) the Client's use or operation of their own booking page.

10.4 Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot be excluded, restricted, or modified under the Australian Consumer Law or any other applicable law.

11. Termination

11.1 Either party may terminate the Service Agreement by providing 30 days' written notice to the other party.

11.2 The Provider may terminate the Service Agreement immediately if the Client breaches any material term and fails to remedy the breach within 14 days of written notice.

11.3 Upon termination, the Provider will: (a) remove the AI chat widget from the Client's website, and (b) cease all AI services. Because the Provider does not retain conversation data, no data deletion process is required.

11.4 Termination does not affect any rights or obligations accrued prior to the date of termination, including any outstanding payment obligations.

12. Acceptable Use

12.1 The Client must not configure or attempt to configure the AI Assistant to collect personal information, clinical information, payment details, or any sensitive information.

12.2 The Client must not use the Services to send unsolicited communications, spam, or marketing material to users through the AI Assistant.

12.3 The Client must not use the AI Assistant to provide clinical advice, triage patients, or make any representations about clinical outcomes.

12.4 The Provider may suspend or terminate the Services immediately if the Client is found to be in breach of this acceptable use policy.

13. Force Majeure

13.1 Neither party will be liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including natural disasters, pandemics, government actions, internet outages, third-party service failures, or power outages.

14. Dispute Resolution

14.1 In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiation.

14.2 If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation administered by the Resolution Institute or an equivalent body.

14.3 If mediation is unsuccessful, either party may pursue legal remedies available under the laws of Queensland, Australia.

15. General

15.1 These Terms are governed by the laws of Queensland, Australia.

15.2 If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.

15.3 The Provider's failure to enforce any right under these Terms does not constitute a waiver of that right.

15.4 These Terms, together with the Service Agreement and Privacy Policy, constitute the entire agreement between the parties regarding the subject matter.

15.5 Any amendments to these Terms must be made in writing by the Provider and communicated to the Client.