Terms of Service

Avand Health is a product of Avand Solutions Pty Ltd (ABN 96 687 039 416; ACN 687 039 416), a proprietary company registered in New South Wales, Australia (“Avand,” “we,” “our,” or “us”). By accessing or using our services, including our AI-powered clinical documentation tools, applications, and website (“Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use our Services.

Avand Health provides AI-powered clinical documentation tools for mental health professionals, including:

• AI-assisted transcription of therapy sessions
• AI-generated clinical note drafts requiring practitioner review and approval
• Organization-scoped workspaces with role-based access controls
• Secure clinical data storage in Microsoft Azure Australia East (Sydney)

These Services are designed to assist, not replace, professional clinical judgment. Personal information is processed in accordance with the 13 Australian Privacy Principles under the Privacy Act 1988 (Cth). Our security architecture is informed by AS/NZS ISO 27799:2011 (Health informatics — information security management in health) and NIST SP 800-66 Rev 2 as architectural reference standards.

Avand supplies software. Avand does not provide clinical care, does not practise a health profession, and no clinician–patient or therapeutic relationship arises between Avand and any patient.

You may only use our Services if you:

• Are at least 18 years old and legally capable of entering into contracts
• Are a licensed mental health professional, medical practitioner, or authorised representative of a healthcare institution
• Hold a current profession registration number (e.g., AHPRA number, Psychology Board of Australia registration, AASW membership, PACFA registration, or equivalent) at the time of account creation — you must provide this number at signup and keep it current
• Agree to comply with all applicable laws and regulations governing mental health data and AI-assisted clinical documentation

You must also maintain professional indemnity insurance appropriate to your practice for the term of your subscription, and produce a certificate of currency within 10 business days of a reasonable written request.

Your account may be suspended if your professional registration lapses or is cancelled. It is your responsibility to notify us of any change to your registration status.

To use certain features, you must create an account and provide accurate information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• Ensuring all activities under your account comply with these Terms
• Notifying Avand Health immediately of any unauthorised use at [email protected]

We process personal information in accordance with the 13 Australian Privacy Principles under the Privacy Act 1988 (Cth). Our Privacy Policy describes how we collect, use, disclose, and protect personal information.

By using our Services, you acknowledge that:

• Clinical data (voice recordings, transcripts, AI-generated note drafts) is stored in Microsoft Azure Australia East (Sydney) and is not used to train, fine-tune, or improve any AI model
• All AI-generated content must be reviewed and verified by a registered practitioner before use in any patient record (see §11)
• You are responsible for obtaining valid patient consent before using our transcription and AI documentation features (see §10)
• Voice recordings are sensitive health information (and may contain biometric characteristics) and require explicit patient consent under APP 3.3

You may use our Services to assist with clinical documentation and practice management. However, you must not:

• Record any session without first obtaining the patient’s explicit, informed consent
• Use AI-generated output as the sole basis for a patient record without applying your own professional judgment and review
• Use the Services in violation of medical laws, professional codes of conduct, or ethical guidelines applicable to your profession
• Share or transmit confidential patient data in violation of the Privacy Act 1988 (Cth) or your profession’s confidentiality obligations
• Attempt to reverse-engineer, decompile, or replicate our AI models or proprietary systems
• Use the Services for benchmarking against competitors or to build a competing product
• Resell, sublicense, or provide access to the Services to persons not authorised under your subscription

Our Services are available via subscription plans. By subscribing, you agree to:

• Pay applicable subscription fees on time
• Automatic renewal at the end of each billing period unless you cancel before the renewal date
• No refunds for unused portions of a subscription period, except as required by applicable law (including the Australian Consumer Law)

You may cancel auto-renewal at any time before the renewal date through your account settings or by emailing [email protected]. We will send a reminder before each annual renewal. Cancellation takes effect at the end of the current billing period, and you retain access until then.

Full pricing details are available on our Pricing Page.

We strive for continuous improvement but may:

• Modify, update, or discontinue certain features with reasonable notice where practicable
• Conduct scheduled maintenance that may temporarily affect service availability
• Suspend or limit access where reasonably necessary to protect the security, integrity, or lawful operation of the Services, or where you are in breach of these Terms (subject to the notice and cure process in §14)

Avand is a clinical documentation assistance tool. It is intended solely to assist with clinical documentation and administration. Paragraphs (a) to (f) below apply to every use of the Services.

• (a)Avand drafts clinical documentation from your session — including suggested diagnostic impressions, risk-related content and formulations — for you to review, edit and confirm. Nothing Avand produces is a clinical finding until you confirm it, and only content you confirm enters the patient record.
• (b)AI-generated outputs are drafts only and are not a substitute for professional clinical judgment.
• (c)AI outputs may contain inaccuracies, omissions, or hallucinations — the treating clinician must review and verify all AI-generated content before it enters any patient record.
• (d)The practitioner bears sole responsibility for the accuracy and clinical appropriateness of all finalised documentation (see §11).
• (e)Avand accepts no liability for clinical decisions based on AI-generated outputs that have not been reviewed and approved by a registered practitioner.
• (f)Not for monitoring or emergencies. Avand does not monitor patients, issue alerts, or escalate to any person or service, and is not an emergency or crisis service. In an emergency, call 000, or Lifeline on 13 11 14.

By using our Services, you warrant that:

• You have a lawful basis (including valid patient consent) for all personal information and voice recordings you submit for processing
• You have obtained explicit, informed patient consent before commencing any recording or AI-assisted documentation in accordance with APP 3.3 and your profession’s consent requirements
• Before any session is recorded, you have obtained and recorded each patient’s consent as required by the surveillance and listening devices legislation of every State or Territory in which a participant is located
• You will comply with your own profession’s record-keeping obligations (including those under the Psychology Board of Australia Guidelines on record-keeping, AASW, AHPRA, PACFA, or other applicable guidelines)
• All inputs you provide do not infringe any third-party rights

We publish a patient consent template at avandhealth.com.au/consent-template that names Avand and describes what it does. You may use it as a starting point; it does not replace your own judgement about what your setting, profession and jurisdiction require.

You agree to indemnify Avand against any third-party claims arising from your failure to obtain lawful consent or your breach of applicable privacy laws in relation to inputs you submit. This indemnity is subject to the cap and carve-outs set out in §16.

Every AI-generated output (transcript, note draft, summary, or other content) must be reviewed, edited as appropriate, and verified by a registered practitioner before it is used in, or becomes part of, any patient record.

This is an agreed allocation of responsibility for clinical accuracy. It reflects the nature of AI-assisted documentation and the registered practitioner’s professional and legal obligations. It does not exclude any non-excludable consumer guarantee rights under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth), s 64).

Avand accepts no liability for AI-generated outputs incorporated into patient records without practitioner review.

All content, features, and functionality in our Services — including text, graphics, logos, and software — are the exclusive property of Avand Health and are protected by applicable intellectual property laws. You agree not to:

• Reproduce, distribute, modify, or create derivative works of our content without explicit written permission
• Use our trademarks or trade names without prior written consent

Clinical data and AI-generated outputs derived from your sessions remain your property (and, where applicable, the patient’s property). Avand does not claim ownership of content you input into the platform.

You grant Avand a limited, non-exclusive, royalty-free licence to host, store, process, transmit, and display content you submit solely to provide and maintain the Services for you. This licence ends when the content is deleted, except for backups retained for the limited period described in our Privacy Policy §10. We do not use this content to train, fine-tune, or improve any AI model.

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the term of this agreement, including business strategies, technical data, and patient information.

These obligations do not apply to information that: (a) is or becomes public through no fault of the receiving party; (b) was lawfully known to the receiving party before disclosure; (c) is independently developed without use of the disclosing party’s confidential information; or (d) is lawfully received from a third party without restriction. Disclosure required by law or a regulator is permitted, provided the receiving party gives reasonable prior notice where lawful to do so.

On termination, each party will return or destroy the other’s confidential information on request, except where retention is required by law or for the limited backup period described in our Privacy Policy §10. These confidentiality obligations survive termination. Patient information is additionally handled in accordance with our Privacy Policy.

We reserve the right to suspend or terminate your access if:

• You materially breach these Terms or misuse our Services
• You fail to comply with legal or regulatory obligations, or your professional registration lapses
• Your subscription expires without renewal

Except where a breach is incapable of remedy, involves unlawful conduct, or poses a security or safety risk (in which case we may act immediately), we will give you written notice and a reasonable opportunity of not less than 14 days to remedy the breach before suspending or terminating your access for that breach.

Upon termination, your right to access the Services ceases. Practitioner data export will be available for 30 days post-termination (this is the export-availability window, not the deletion date), after which data will be retained or deleted in accordance with our Privacy Policy §10.

To the fullest extent permitted by law (subject to the Australian Consumer Law), Avand Health shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, or goodwill, arising from:

• Your use or inability to use the Services
• Any unauthorised access to or use of our servers and personal information stored therein
• Any interruption or cessation of transmission to or from our Services
• Any AI-generated output used in a patient record without a registered practitioner’s review and approval (see §11)

The exclusions in this section do not apply to the extent any loss is caused by our fraud, wilful misconduct, breach of our confidentiality obligations, or our material failure to maintain, in substance, the security measures described in our Privacy Policy, where that failure causes the loss.

Our total liability to you for any claim arising out of or relating to these Terms or our Services is limited to the aggregate fees you paid us in the 12 months preceding the claim, except where liability arises from fraud, wilful misconduct, a material breach of our confidentiality obligations, or liability for death or personal injury caused by our negligence (which cannot be excluded or limited at law).

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (ACL) that cannot be excluded by agreement. If you are a “consumer” under s 3(1)(a) of the ACL (including sole-trader practitioners), the statutory guarantees in ss 60–62 ACL apply. Our liability for a failure to comply with a consumer guarantee that cannot be excluded is limited, at our option, to the extent permitted by s 64A of the Australian Consumer Law, to supplying the services again or paying the cost of having the services supplied again.

Subject to the cap below, you agree to indemnify and hold harmless Avand Health, its officers, directors, and employees against any third-party claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from:

• Your material breach of these Terms
• Your failure to obtain lawful patient consent for recordings or AI-assisted processing (§10)
• Your failure to review AI-generated output before incorporating it into a patient record (§11)
• Your violation of any applicable law or professional obligation

This indemnity does not apply to the extent the claim is caused or contributed to by Avand’s breach of these Terms, negligence, fraud, or wilful misconduct.

Cap: your total indemnification liability to Avand under this section is limited to the aggregate fees you paid in the 12 months preceding the claim giving rise to the indemnity.

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be resolved through good-faith negotiation in the first instance. If unresolved within 30 days, disputes will be referred to mediation administered by the Australian Disputes Centre before any court proceedings, unless urgent interlocutory relief is required. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

Amendments

Avand reserves the right to modify these Terms where reasonably necessary for legal, security, or operational reasons. We will provide at least 30 days’ notice of material changes via email or a prominent notice on our website. Continued use of the Services after the effective date of amendments constitutes acceptance of the updated Terms. If you do not accept a change, you may cancel before the effective date; and where a change is materially adverse to you, you may terminate without penalty and receive a pro-rata refund of any prepaid fees for the unused portion of your subscription term.

Contact — Legal & Privacy Enquiries

For legal notices, privacy enquiries, or support requests:

Written correspondence may be addressed to Avand Solutions Pty Ltd at our registered office in Sydney, NSW, Australia (full postal address available on request).

Force majeure. Neither party is liable for any failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, outages of third-party infrastructure, or acts of government.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of business assets, with notice to you.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Statutory saver. Nothing in these Terms is intended to exclude, modify or restrict the operation of Part 4 of the Civil Liability Act 2002 (NSW) or any corresponding legislation.

Waiver. A failure or delay by either party in exercising any right under these Terms does not operate as a waiver of that right.

Entire agreement. These Terms, together with our Privacy Policy and any subscription or order you accept, form the entire agreement between you and Avand and supersede any prior agreements on their subject matter.

Notices. We may give notices by email to the address on your account or by a prominent notice within the Services. You may give notices to us at [email protected] or by post to our registered office (Avand Solutions Pty Ltd, Sydney, NSW, Australia).