Terms of Service

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the Anserina AI services, website, and applications (collectively, the "Service") provided by Anserina, operating in Australia.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Definitions

• "Clinic" refers to the medical practice or healthcare provider that subscribes to the Service.
• "User" refers to any individual who accesses or uses the Service.
• "Patient" refers to individuals who interact with the Service through calls to Clinics.
• "Content" refers to all information, data, text, and other materials processed through the Service.

3. Service Description

Anserina provides an AI-powered call reception service designed for medical clinics using Cliniko practice management software. The Service answers incoming calls, transcribes conversations, and performs scheduling and other administrative functions as configured by the Clinic.

4. Account Registration

To use the Service, Clinics must create an account and provide certain information. You agree that all information provided during registration is accurate and current. Account credentials must be kept confidential and you are responsible for all activities that occur under your account.

5. Acceptable Use

You agree not to use the Service:

• In any way that violates applicable laws or regulations
• To transmit any material that is defamatory, offensive, or otherwise objectionable
• To attempt to interfere with, compromise the system integrity or security, or decipher any transmissions
• To collect or track personal information of others
• For any purpose that is harmful or deceptive

6. Data Processing and Privacy

6.1 Roles and Responsibilities

Anserina acts strictly as a data processor for Clinics, which remain the data controllers for all patient information.

6.2 Consent and Legal Basis

By using the Service, Clinics explicitly provide legal consent for Anserina to collect, process, store, and manage data as necessary for service delivery.

6.3 Privacy Policy

Our processing of personal data is governed by our separate Privacy Policy.

6.4 Clinic Responsibilities

Clinics are solely responsible for ensuring appropriate legal basis for processing patient data, informing patients that calls may be answered by AI, obtaining necessary consents, and ensuring compliance with applicable laws.

7. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Anserina and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Clinics retain all rights to their data. By using the Service, you grant Anserina a limited license to access, use, process, copy, distribute, perform, export, and display the Content only as reasonably necessary to provide the Service.

8. Third-Party Services

The Service may integrate with or contain links to third-party websites or services, including Cliniko. Anserina is not responsible for any third-party content, websites, services, or practices.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Anserina does not warrant that the Service will function uninterrupted, secure, or available at any particular time, that any errors will be corrected, or that the Service is free of viruses or other harmful components.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANSERINA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, OR GOODWILL.

11. Indemnification

You agree to defend, indemnify, and hold harmless Anserina and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

12. Termination and Data Management

Anserina may terminate or suspend your access immediately, without prior notice, for any reason. Upon termination, you may request an export of your data within 30 days. After this period, data will be deleted in accordance with our data retention policies.

13. Modifications to the Service

Anserina reserves the right to modify, suspend, or discontinue the Service or any features without prior notice.

14. Confidentiality

Each party agrees to keep confidential any non-public information disclosed in the course of using the Service. This obligation survives termination.

15. Force Majeure

Anserina shall not be liable for any failure to perform its obligations where such failure results from any cause beyond its reasonable control.

16. Changes to Terms

Anserina reserves the right to modify or replace these Terms at any time. Material changes will be announced at least 30 days in advance.

17. Governing Law

These Terms shall be governed by the laws of Australia without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Australia.

18. Representations and Warranties

You represent and warrant that you have the legal authority to enter into these Terms, that your use will comply with all applicable laws, and that you have obtained all necessary rights and permissions to share data with Anserina.

19. General Provisions

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Anserina. The failure to enforce any right or provision will not be considered a waiver. If any provision is invalid, the remaining provisions will remain in effect.

20. Contact Us

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.