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 ("Anserina," "we," "us," or "our"), 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, including representatives of Clinics.
• "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 or from the servers running the Service
• 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. Anserina processes data only according to Clinic instructions and does not independently determine the purposes or means of processing patient data.

6.2 Consent and Legal Basis for Processing

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

• Call recordings and transcriptions
• Patient information shared during calls
• Scheduling and appointment data
• Any other data processed through the Service

This consent constitutes the legal basis for Anserina's data processing activities. Clinics acknowledge that this data collection is essential for the functionality of the Service and authorize Anserina to process such data for the duration of the service relationship.

6.3 Privacy Policy

Our processing of personal data is governed by our separate Privacy Policy, available at anserina.com.au/privacy, which is incorporated into these Terms by reference.

6.4 Clinic Responsibilities

Clinics are solely responsible for:

• Ensuring they have appropriate legal basis for processing patient data
• Informing patients that calls may be answered by an AI system
• Obtaining all necessary consents from patients for the processing of their data
• Determining how and where the Service is exposed to patients and third parties
• Ensuring their use of the Service complies with all applicable laws and regulations, including but not limited to health privacy laws in their jurisdiction
• Conducting their own due diligence regarding the suitability of the Service for their specific regulatory requirements

6.5 Compliance Scope

Anserina implements measures to comply with the Australian Privacy Principles (APP) and GDPR. Clinics must independently verify that their use of the Service meets any additional regulatory requirements specific to their jurisdiction or industry.

7. Intellectual Property

7.1 Anserina's Intellectual Property

The Service, including its original content, features, and functionality, is owned by Anserina and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, create derivative works, publicly display or perform, republish, or distribute any portion of the Service without prior written consent from Anserina.

7.2 Your Content

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, and you access and use third-party offerings at your own risk.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Anserina does not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Service is free of viruses or other harmful components
• The results of using the Service will meet your requirements

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANSERINA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• ANY CONTENT OBTAINED FROM THE SERVICE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

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, including without limitation reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another.

12. Termination and Data Management

12.1 Termination

Anserina may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.

12.2 Data Export and Deletion

Upon termination of your subscription:

• You may request an export of your data within 30 days of termination
• After this period, Anserina will delete your data in accordance with our data retention policies as specified in the Privacy Policy
• Certain data may be retained as required by law or for legitimate business purposes

13. Modifications to the Service

Anserina reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice. You agree that Anserina will not be liable for any modification, suspension, or discontinuance of the Service.

14. Confidentiality

Each party agrees to keep confidential any non-public information disclosed in the course of using the Service, including but not limited to business information, technical data, and patient information. This obligation survives termination of these Terms.

15. Force Majeure

Anserina shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond Anserina's reasonable control, including but not limited to, electronic or communications failure, acts of God, civil or military authority, acts of terrorism, epidemics, floods, fires, labor disputes, or third-party nonperformance.

16. Changes to Terms

Anserina reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

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 personal and 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 on behalf of your Clinic
• Your use of the Service will comply with all applicable laws and regulations
• You have obtained all necessary rights, consents, and permissions to share data with Anserina
• You will not use the Service in any manner that could interfere with or disrupt the integrity or performance of the Service

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Anserina regarding the Service and supersede all prior agreements and understandings.

19.2 Waiver

The failure of Anserina to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any provision shall be deemed a further or continuing waiver of such term or any other term.

19.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect and the invalid provision will be replaced with a valid provision that best approximates the intent of the original.

19.4 Assignment

You may not assign or transfer these Terms without the prior written consent of Anserina. Anserina may assign or transfer these Terms without restriction.

19.5 Notices

Any notices or other communications provided by Anserina under these Terms will be given by posting to the Service or by email to the address you provide during registration. Notice will be deemed given upon posting or sending.

20. Contact Us

If you have any questions about these Terms, please contact us at:

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