Clinician Terms of Service

These Clinician Terms of Service ("Terms") are a binding agreement between you and Anchr Digital Health Pty Ltd (ACN 696 944 537), an Australian company ("Anchr", "we", "us", "our"). They govern your use of Anchr for Clinicians: the clinician portal at clinician.anchr.health, the features you use with your clients in the Anchr app, telehealth, AI features, billing tools, Anchr Connect and any related services (together, "the Platform").

You accept these Terms when you tick the boxes and sign at the end of sign up, or when you accept them in the Platform. Signing electronically has the same effect as signing on paper under the Electronic Transactions Act 1999 (Cth) and equivalent state and territory laws. If you do not agree, do not use the Platform.

1.1 What Forms the Agreement

• these Terms
• the Clinician Privacy Policy (https://anchr.health/clinician-privacy), which explains how we handle your personal information and the information we hold for you about your clients
• the plan, prices and inclusions shown on our pricing page and in Practice Billing when you choose or change a plan or buy AI credit
• any consent, confirmation or setting you accept inside the Platform for a particular feature

Together these are the "Agreement". If they conflict, these Terms apply first, then the Clinician Privacy Policy, then the rest, unless a document expressly says it overrides these Terms.

1.2 Signing for a Practice

If you use the Platform for a company, partnership, trust or other practice entity, you confirm that you have authority to bind it. In that case "you" means both you personally and that entity, and each of you is responsible for meeting these Terms.

1.3 Your Clients Have Their Own Terms

Your clients use the Anchr app under Anchr's Terms & Conditions and Privacy Policy for app users. Those documents do not form part of your Agreement with us, but you agree not to tell clients anything about Anchr that is inconsistent with them.

In these Terms:

• "AI Features" means features of the Platform that use artificial intelligence, including session note drafting, transcription, summaries, continuity briefs, Brainstorm, the Anchr Assistant, letter and report drafting, client email summaries, suggested goals and activities, AI observations about clients, screening estimates and Talk it Through.
• "AI Output" means any text, summary, transcript, suggestion, estimate, draft or other content produced by an AI Feature.
• "Business Day" means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.
• "Client" means a person to whom you provide, or propose to provide, professional services and whose information you hold in, or connect to, the Platform. It includes other people who take part in a session, such as a partner, family member or support person.
• "Client Data" means personal information, including health information, about a Client that is entered into, created in or shared with you through the Platform.
• "Clinical Records" means the health records you are required by law or your professional obligations to make and keep.
• "Consequential Loss" means loss of profit, revenue, business, goodwill, opportunity or anticipated savings, and any indirect, special or consequential loss.
• "Fees" means the amounts payable for your plan, AI credit and any other paid service, plus GST.
• "Loss" means any loss, damage, liability, cost or expense, including reasonable legal costs.
• "Personnel" means your employees, contractors, supervisees and anyone else who uses the Platform through your account or on your behalf.
• "Practice Data" means Client Data and all other content you or your Personnel enter into or create in the Platform, including Clinical Records, custom modules and the images, audio and PDFs in them, worksheets, letters and AI Output you save.
• "Privacy Laws" means the Privacy Act 1988 (Cth), the Australian Privacy Principles, and state and territory health records laws, including the Health Records and Information Privacy Act 2002 (NSW), the Health Records Act 2001 (Vic) and the Health Records (Privacy and Access) Act 1997 (ACT).
• "Recording" means audio (and any video) of a session captured through the Platform to produce a transcript or an AI draft.
• "Security Incident" means unauthorised access to, unauthorised disclosure of, or loss of Practice Data held by us or our service providers.

3.1 Eligibility

To use the Platform you must:

• be at least 18 years old
• be a health practitioner registered with the Australian Health Practitioner Regulation Agency (Ahpra) in a profession that provides mental health or wellbeing services, or a member in good standing of a recognised professional association for your profession (for example, for counsellors, psychotherapists or social workers)
• practise lawfully in Australia and within the scope of your registration, membership, qualifications and competence
• hold current professional indemnity insurance that covers the services you provide using the Platform, including telehealth and the use of digital and AI tools
• give us accurate, complete and current information, and keep it up to date

3.2 Verification

We check your registration or membership before AI Features, telehealth and paid plans are turned on, usually within one business day. We may ask for evidence of your identity, registration, membership or insurance at any time, and check public registers again from time to time. We may decline an application, limit features or end access if we cannot verify you or reasonably believe information you gave us is inaccurate. Verification is a check we make for our own purposes. It is not an endorsement of you or your services, and it does not transfer any of your professional responsibilities to us.

3.3 Tell Us About Changes

You must tell us at privacy@anchr.health within 2 Business Days if your registration or membership is suspended, cancelled, lapses or has conditions, undertakings, notations or reprimands imposed that are relevant to your use of the Platform; if your professional indemnity insurance lapses or is cancelled; or if you become subject to immediate action, a regulatory investigation or a court order that restricts how you practise. You must comply with any conditions on your practice while you use the Platform, including any condition about telehealth, supervision, recording or the types of clients you may see.

3.4 Practising Across Borders

The Platform is designed for practitioners and clients in Australia. If you provide services to a client who is outside Australia, you are responsible for complying with the laws, licensing and insurance requirements of the place where the client is located.

• Your account is personal to you. Do not share your sign-in details or let anyone else use your account. If we allow you to add Personnel, each person must have their own login, and you are responsible for what they do and for ensuring they follow these Terms.
• Two-step sign-in is required for clinician accounts. Use a strong, unique password and keep your authenticator device secure.
• Use the Platform only on devices that you control, that are kept up to date, and that are protected by a screen lock. Do not use a shared or public computer to access Client Data. Sign out when you finish, and do not disable the Platform's automatic sign-out.
• You are responsible for all activity on your account, except activity that results from our own breach of these Terms or our negligence.
• Tell us at privacy@anchr.health (subject "Security") as soon as possible, and within 24 hours, if you suspect someone else has accessed your account or that Client Data has been exposed. We may suspend access, reset credentials or require further verification while we investigate.

5.1 The Platform

Depending on your plan, the Platform includes tools for managing clients and appointments, online booking, session notes, treatment plans, letters, intake forms and documents, a library of evidence-informed modules, lessons and worksheets, tools for writing your own modules, telehealth video sessions, AI Features, invoicing and client payments, and the ability to connect with your clients through the Anchr app. The features available to you are shown in the Platform.

5.2 Anchr Is a Technology Provider

Anchr provides software. We are not a health service provider to your clients, and we do not provide clinical, medical, psychological, legal, billing or business advice to you. In particular:

• We do not employ, supervise, direct or control you, and nothing in this Agreement creates an employment, partnership, agency, joint venture or referral relationship between us.
• We do not see your clients, assess them, or decide anything about their care.
• We do not review your Clinical Records or AI Output for clinical accuracy or appropriateness.
• We do not monitor sessions, messages, safety flags or client activity in real time, and we do not provide an emergency or crisis service.
• We do not guarantee that you will receive referrals, clients or income through the Platform.
• We do not submit Medicare, private health insurance or other claims on your behalf, and we do not connect to My Health Record.

5.3 Not a Medical Device

The Platform, including its AI Features, is not included in the Australian Register of Therapeutic Goods and is not intended to diagnose, treat, cure, prevent, monitor or predict any disease, condition or risk. Its features support documentation, administration and evidence-informed self-help between sessions. You must not use the Platform, or any AI Output, as a substitute for your own clinical assessment, or for a purpose that would make it a medical device.

6.1 Your Responsibilities

You are responsible for, and must use your own professional judgement about:

• assessment, formulation, diagnosis, treatment planning and the services you provide
• whether the Platform, telehealth, a module, lesson, worksheet, activity, screening measure or AI Feature is suitable and safe for a particular client, taking into account their age, capacity, risk, clinical presentation, culture, language, literacy and circumstances
• everything you assign, recommend, share or send to a client through the Platform, and the pace at which you do so
• the accuracy, completeness and timeliness of your Clinical Records, including any part drafted by AI
• risk assessment, safety planning, crisis response, after-hours arrangements and telling your clients how to get urgent help
• meeting your professional, legal and ethical obligations, including the Health Practitioner Regulation National Law, your Board's or association's codes, standards and guidelines (including Ahpra's guidance on using artificial intelligence and on telehealth), mandatory reporting, child protection and duty-of-care obligations
• your own privacy and health records obligations to your clients, including your practice's privacy policy and collection notices
• your fees, cancellation policy, billing, Medicare and insurance compliance, and the tax treatment of your services

6.2 Platform Content Is General

Modules, lessons, worksheets, activities, screening tools, example frameworks and other content we provide are general, evidence-informed information. They are not tailored to any client and may not reflect the latest evidence for every situation. You must review any content before you assign it, and decide whether it is appropriate.

6.3 Safety Features Are Not a Safety Net

The Platform shows crisis resources and may flag possible risk in what clients write or say. These features are automated. They will miss some risk and wrongly flag some content. They are not monitored by Anchr, may not reach you in time, and do not replace your own risk assessment and safety arrangements. Do not rely on the Platform to tell you that a client is at risk, and do not use it as your client's only way of reaching you.

6.4 Clients Under 18

Clients must be at least 16 to hold their own Anchr app account. If you see a client under 18, you are responsible for assessing their capacity to consent, deciding whether and how to involve a parent or guardian, and complying with the laws that apply to young people.

7.1 How AI Features Work

AI Features use Claude models developed by Anthropic, which we access through Amazon Bedrock, operated by Amazon Web Services in Australia. To produce AI Output, we send the AI model the information the feature needs, such as a transcript, your notes, a treatment plan, or information a client has chosen to share with you. AI Output is stored with your Practice Data in Australia.

7.2 AI Output Can Be Wrong

AI Output is generated automatically and may be inaccurate, incomplete, out of date, biased, or simply made up. It may attribute statements to the wrong person, miss or misread risk, tone or cultural context, and leave out things that matter clinically. A transcript or summary is not a verbatim record. Screening estimates and AI observations are indicative only, are not validated assessments, and are not a diagnosis.

7.3 You Must Review Every AI Output

• Read, check and correct all AI Output before you rely on it, sign it, add it to a Clinical Record, or send or share it with a client, another practitioner or anyone else.
• When you sign, save, send or approve AI Output, you adopt it as your own work and are responsible for it as if you had written it yourself.
• Never base a clinical decision, including a decision about risk, diagnosis, treatment or referral, on AI Output alone.
• The Anchr Assistant can prepare actions, such as sending a message, booking an appointment or assigning a module. It only acts once you confirm. Check what each action will do before you confirm it.
• Only enter the information an AI Feature needs. Do not use AI Features for anything other than your professional practice.

7.4 Your Client's Consent

Before you use an AI Feature with a client's information, you must obtain the client's informed consent and record it in your Clinical Records, consistent with Ahpra's guidance. At a minimum, explain what the AI Feature does, that their information is processed by an AI service in Australia, whether the session will be recorded and for how long the recording is kept, that the AI Output is a draft you will check, and that they can say no without it affecting their care. Consent prompts in the Anchr app and on the session link help you, but they do not replace your own consent conversation and records.

7.5 No Training on Client Data

Neither Anchr nor our AI providers use Client Data or your Practice Data to train or fine-tune AI models. Amazon Bedrock does not share prompts or outputs with Anthropic or other model providers, does not use them to train models, and does not store them after it produces a response. We do not use Client Data to evaluate or improve our AI Features, except where you send us feedback that contains it, or you agree in writing.

7.6 Limits and Availability

AI Features are subject to your plan, AI credit, fair-use limits and verification. We may change the AI models we use, or how a feature works, to maintain quality, safety or availability, provided the change does not move AI processing outside Australia (see section 15).

8.1 Telehealth

Telehealth sessions run on Daily, a video service, through servers in Australia. You are responsible for deciding whether telehealth is clinically appropriate for each client and session, confirming the client's identity and their location at the start of each session (the Platform asks for their state), having a plan to contact emergency services where they are, making sure your own environment is private, and having a backup way to reach the client if the connection fails. Medicare telehealth rules, including rules about video and phone services and established clinical relationships, are your responsibility.

8.2 Recording and Consent

• A telehealth session is recorded only when AI note drafting is on for that session and the client has agreed in Anchr. If any participant does not agree, do not record.
• For in-person sessions recorded with the portal recorder, and for dictation that includes anything a client said, you must obtain consent yourself before you start.
• In a session with more than one client or with a support person or interpreter, obtain the consent of every participant.
• Do not record a session through the Platform for any purpose other than producing your notes, and do not record sessions yourself using other tools without consent.

8.3 How Recordings Are Handled

Recordings are stored, encrypted, in Anchr's private storage on Amazon Web Services in Sydney, and transcribed in Australia. They are used only to produce a transcript and an AI draft for you. Each Recording is deleted automatically once you sign the note for that session, and within 7 days of the session at the latest, whether or not you have signed. Anchr does not keep Recordings as Clinical Records. If you are required to keep audio of a session, you must make your own lawful arrangements outside the Platform.

8.4 Call Quality

Video quality and reliability depend on internet connections and devices that we do not control. We do not guarantee that a session will connect, stay connected, or be recorded or transcribed successfully.

9.1 Inviting Clients

Only invite people who are, or are about to become, your clients and who have agreed to be contacted. Describe Anchr accurately. Do not tell clients Anchr is a crisis service, a substitute for your care, or that it is endorsed by any government body or regulator.

9.2 Clients Control Their App Data

Each client controls their own Anchr app account. Before anything is shared with you, the client chooses which categories of information you can see, and they can change those choices or unlink from you at any time. You must not pressure a client to share more than they want to, or make your services conditional on them using the app or sharing information, unless that is clinically justified and explained to them. Your access to client information is logged, and a client can ask us for a record of when you accessed it.

9.3 If a Client Leaves or Deletes Their Account

If a client unlinks from you, you stop receiving new information from their app account. The records you made stay in your account under Former Clients, where you can read, print and export them.

9.4 Talk it Through and Assigned Content

Where you give a client access to Talk it Through or other AI support between sessions, you set its focus and limits, and you remain responsible for whether it is appropriate for that client. Tell the client it is an AI tool, that it is not monitored in real time, and how to get urgent help.

• Information you publish through the Platform, such as your profile, practice name, logo, booking page and any listing in Find a Clinician, must be accurate and must comply with the advertising rules in the Health Practitioner Regulation National Law and Ahpra's advertising guidelines. Do not publish testimonials or claims that are false, misleading or likely to create unreasonable expectations.
• You confirm that you own or have permission to use any logo, name, image or other branding you upload, and that it does not infringe anyone's rights.
• Messages, emails, reminders and broadcasts you send through the Platform are sent on your behalf and you are responsible for their content. They must comply with the Spam Act 2003 (Cth) and your privacy obligations. Do not send marketing to clients who have not agreed to receive it.
• Email is not a secure channel. Decide what is appropriate to include in an email to a client, including any AI-drafted session summary.
• We may show your practice name and branding to your clients in the Anchr app and in emails sent for you.

11.1 Plans and Prices

We offer a free plan and paid plans. The price, inclusions and limits of each plan, and the price of an AI session, are shown on our pricing page and in Practice Billing when you buy. All prices are in Australian dollars and exclude GST unless we say otherwise. GST is added, and we issue a tax invoice for each payment.

11.2 Subscriptions

• Paid subscriptions are charged in advance for each billing period to the card you save with Stripe, and renew automatically until you cancel.
• You can cancel at any time in Practice Billing. Cancellation takes effect at the end of the current billing period, and you keep your plan until then.
• Except as these Terms or the law provide, we do not refund partly used billing periods.
• Sessions included with a plan apply to that billing period only and do not carry over.
• Some plans, such as a founding or introductory plan, have conditions shown when you buy. Those conditions form part of this Agreement.

11.3 Prepaid AI Credit

• AI sessions and telehealth are paid for before use: from your plan's included sessions, then from prepaid AI credit. If you do not have enough included sessions or credit, AI Features and new telehealth sessions pause until you top up or your next period starts.
• Each AI session uses credit at the price shown in Practice Billing at the time of the session.
• Each purchase of credit expires 12 months after you buy it. Credit is used oldest first.
• You can ask us to refund unused paid credit at any time. If you move to the free plan or close your account, we refund unused paid credit automatically. Refunds are made to your card at the price you paid, including GST, by a credit note on the original invoice.
• Promotional, bonus or goodwill credit has no cash value, cannot be refunded or transferred, and may expire sooner if we say so when we give it.
• Credit is not a deposit, does not earn interest, and can only be used on the Platform.

11.4 Failed Payments

If a payment fails, AI Features and new telehealth sessions pause straight away, and a call already in progress can finish. We will tell you and retry the payment. If an amount stays unpaid for 14 days, we may move you to the free plan. You can always sign in, view your records and export your data, whatever the state of your account.

11.5 Price Changes

We will give you at least 30 days' notice by email before a price increase for your plan takes effect. If you do not want to pay the new price, you can cancel or change plans before it applies. Price changes do not affect AI credit you have already bought.

11.6 Billing Questions

If you think we have charged you incorrectly, tell us at privacy@anchr.health within 60 days of the charge. We will look into it promptly and correct any error.

If you charge clients through the Platform, payments are processed by Stripe through your own Stripe connected account. You must accept the Stripe Connected Account Agreement and Stripe's Services Agreement, and you are responsible for verifying your identity and business with Stripe.

• You are the seller of your services. You set your own fees and cancellation policy and are responsible for telling clients about them before they agree, and for making sure they are fair and lawful, including under the Australian Consumer Law.
• Anchr charges a platform fee on each client payment, at the rate for your plan shown in Practice Billing, plus GST. The fee is deducted from the payment before it reaches you and does not change what your client pays.
• You are responsible for refunds, disputes and chargebacks, for any GST or other tax on your services, and for issuing invoices and receipts that meet Medicare, health fund and tax requirements.
• Before you charge a client's saved card without them present (for example, a cancellation fee), make sure the client has authorised it and that the charge matches your disclosed policy.
• We are not responsible for Stripe's services, payout timing, account holds or decisions, except to the extent caused by our breach of these Terms or our negligence.

13.1 You Own Your Practice Data

As between you and us, you own your Practice Data, subject to your clients' rights in their own information. You give us a non-exclusive licence to host, store, copy, process, transmit, display and format your Practice Data, and to process it with AI Features, only as needed to provide the Platform to you and your clients, to keep it secure, and to comply with the law.

13.2 Your Record-Keeping Obligations

You remain responsible for making and keeping complete Clinical Records for as long as the law and your professional obligations require. In many cases this is at least 7 years after your last contact with an adult client, and for a client who was under 18, until they turn 25. The Platform is not an archive. A client deleting their account does not delete the records you made (section 9.3), but your records in Anchr are deleted when your account closes (section 26). You must keep your own complete, up-to-date copy of the records you are required to retain, using the export tools in the Platform.

13.3 Requests From Clients

You are responsible for responding to your clients' requests to access or correct their Clinical Records under Privacy Laws. If a client asks us for records you hold, we will refer them to you. We will give you reasonable help to retrieve information from the Platform to respond.

13.4 Export

You can export your Practice Data at any time while your account is open, including while your account is suspended for non-payment, unless the law or a security risk prevents it. Before we close your account for a reason other than your request, we will give you at least 30 days to export, unless that would be unlawful or unsafe.

13.5 Healthcare Identifiers

Do not enter healthcare identifiers (such as an Individual Healthcare Identifier) into the Platform unless the Healthcare Identifiers Act 2010 (Cth) permits you to.

Both of us must comply with the Privacy Laws that apply to us. This section sets out how we handle Practice Data for you. The Clinician Privacy Policy gives more detail.

14.1 Our Roles

• Practice Data you enter or create in the Platform, such as notes, treatment plans, appointments, documents, Recordings and saved AI Output, is handled by us on your behalf as your service provider. You remain responsible to your clients for that information.
• Information a client gives Anchr through the Anchr app is handled by Anchr under our Privacy Policy for app users. We share it with you only as the client allows. Once you receive it, it also forms part of your records.

14.2 Our Commitments

For Practice Data, we will:

• use and disclose it only to provide the Platform to you and your clients, on your instructions given through the Platform, to keep the Platform secure, or where the law requires
• never sell it, use it for advertising, or use it to train AI models
• store it, and process it with AI, transcription and recording services, in Australia (section 15)
• protect it with reasonable security safeguards, including encryption in transit and at rest, access controls, two-step sign-in and audit logging
• restrict access by our personnel to those who need it to support the Platform, who are bound by confidentiality, and only access your Practice Data when you ask us to help, to investigate a security issue or misuse, or where the law requires
• use service providers that are bound by written obligations to protect it, and give you at least 14 days' notice before a new service provider starts handling Client Data
• tell you without undue delay, and where practicable within 72 hours, after we become aware of a Security Incident affecting your Practice Data, and work with you to contain it, assess it under the Notifiable Data Breaches scheme, and notify the Office of the Australian Information Commissioner and affected individuals where required
• tell you about a request from a government agency or law enforcement body for your Practice Data, unless the law prevents us, and disclose only what the law requires
• give you reasonable help to respond to a client's privacy request or complaint, or a regulator's inquiry, about Practice Data

14.3 Your Commitments

• Have a privacy policy and collection notice for your practice that tells clients you use Anchr, including AI processing and session recording.
• Collect and use Client Data lawfully, with any consent the law requires, and only enter the information you need.
• Keep Client Data you download or export secure, and delete it when you no longer need it.
• Tell us promptly about any Security Incident you become aware of, and any client complaint about how the Platform handled their information.
• If you object to a new service provider on reasonable privacy grounds, tell us within 14 days of our notice. If we cannot address your concern, you can end this Agreement and we will refund prepaid Fees and unused paid credit for the period after it ends.

A small amount of information is processed outside Australia by service providers that do not handle client records, as the Clinician Privacy Policy explains: payment processing by Stripe; delivery of emails, including emails you choose to send to clients; call connection data held by our video provider; bot and fraud checks at sign-in; and app notifications, which never contain health details.

We will not move the storage of Practice Data, or AI, transcription or recording processing, outside Australia without giving you at least 30 days' notice. If that happens, you can end this Agreement before the change and we will refund prepaid Fees and unused paid credit for the period after it ends.

You must not, and must ensure your Personnel do not:

• use the Platform for anything unlawful, unethical or outside the scope of your practice, or to harm, harass, deceive or exploit anyone
• enter information about people who are not your clients, or use Client Data for any purpose other than providing your services
• record anyone without consent, or use Recordings or transcripts for anything other than your notes
• access or attempt to access accounts, data or systems that are not yours, or test, scan or probe the Platform's security, except under our responsible disclosure process
• copy, sell, sublicense, frame, scrape or reverse engineer the Platform, or use it or its content to build a competing product or to train or evaluate an AI model
• attempt to get around usage limits, credit, billing, verification, consent or security controls, or to make an AI Feature behave outside its intended purpose
• upload malware or anything designed to disrupt or damage the Platform or anyone's device
• use the Platform as an emergency or crisis service
• share your account or let anyone use the Platform who is not eligible under section 3

17.1 Our Platform and Content

Anchr and its licensors own the Platform and everything in it other than your Practice Data, including the software, designs, module library, lessons, worksheets, example frameworks, AI prompts and trade marks. We give you a non-exclusive, non-transferable, revocable licence to use the Platform and its content for your professional practice while this Agreement is in force. You may share library content with your own clients through the Platform, and print or download worksheets for your own clients' use, but you may not otherwise copy, publish, sell or adapt it.

17.2 Your Content

You keep ownership of modules, frameworks, worksheets, letters and other content you create. You confirm that you have the rights to everything you upload or create, and that it does not infringe anyone's intellectual property or other rights. Many questionnaires and psychometric tests are protected by copyright. Only upload or use them if you hold a licence that allows it.

Each time you add an image, audio file, PDF or video link to your media library, you confirm that you have the right to share it with your clients and that it contains nothing that could identify a client. A client you assign a module to keeps the copy they were given, including its files, while they have that module, even if you later change or remove a file or close your account. We delete a file you removed once no client copy holds it. Video links open on YouTube or Vimeo, and their terms apply there.

17.3 AI Output

As between you and us, AI Output generated from your Practice Data belongs to you once you save it, subject to our rights in the Platform. AI Features may produce similar output for other users.

17.4 Feedback

If you send us ideas, suggestions or feedback, we may use them to improve Anchr without paying you or owing you anything. Please do not include Client Data in feedback.

Each of us will keep confidential the other's non-public information that it receives in connection with this Agreement, and use it only for the purposes of this Agreement. Our confidential information includes non-public product, pricing, security and technical information. This does not apply to information that is public through no fault of the receiving party, that the receiving party already had or independently developed, or that must be disclosed by law (in which case, where lawful, the receiving party will give notice). Client Data is protected by section 14 and the Privacy Laws.

The Platform works with services run by other companies, including Stripe for payments, Halaxy for Anchr Connect, Apple and Google for the Anchr app, and any calendar app you subscribe to your Anchr calendar feed in. Your use of those services is governed by their own terms, and we are not responsible for them except to the extent that we have chosen them to handle Practice Data on our behalf (in which case section 14 applies).

19.1 Anchr Connect

If you connect Anchr to a practice management system such as Halaxy, you authorise us to exchange the information described in the Platform between your Anchr account and that system, and you remain responsible for your account with that provider and for the information it holds. Every transfer is logged.

19.2 Calendar Feeds

If you subscribe to your Anchr calendar feed in another calendar app, that app's provider fetches the appointment details in the feed and may store them outside Australia. Feeds do not show client names. If you choose to show client initials, they will be included.

• We take reasonable steps to keep the Platform available, secure and working as described, but we do not promise that it will be uninterrupted or error-free. It may be unavailable during maintenance or because of failures at our service providers or on the internet.
• Keep a way to contact your clients, and their essential risk and safety information, that does not depend on the Platform being available.
• Support is available by email at privacy@anchr.health. We aim to acknowledge enquiries within 2 Business Days.
• We improve the Platform continually, so features may be added, changed or removed. If we remove or materially reduce a feature that is part of the paid plan you are on, we will give you at least 30 days' notice where we reasonably can, and you can cancel and receive a refund of prepaid Fees for the period after the change.
• Features marked "beta", "preview" or "coming soon" may be incomplete and may change or be withdrawn at short notice. Use them with extra care.

You warrant, each time you use the Platform, that:

• you meet the eligibility requirements in section 3, and the information you have given us is true, complete and current
• you have obtained every consent and given every notice the law and your professional obligations require to enter Client Data into the Platform, to record sessions, and to use AI Features with it
• your use of the Platform, and your Practice Data, comply with the law, your professional obligations and this Agreement, and do not infringe anyone's rights

We warrant that we will provide the Platform with due care and skill and materially as described in the Platform. To the maximum extent permitted by law, and except as this Agreement expressly says otherwise:

• the Platform, its content and AI Output are provided "as is" and "as available"
• we exclude all other warranties, conditions and guarantees, whether express or implied, including any about fitness for a particular clinical purpose, clinical accuracy, outcomes for any client, or that the Platform will meet your legal or professional obligations
• we do not warrant that AI Output, Platform content, safety flags, screening estimates or transcripts will be accurate, complete or suitable for any particular client

22.1 Limiting Our Liability Under the Consumer Guarantees

Where the services we supply are not of a kind ordinarily acquired for personal, domestic or household use, and a consumer guarantee applies, our liability for failing to meet it is limited, to the extent the law allows and at our option, to supplying the services again or paying the cost of having them supplied again.

23.1 Your Clinical Services

To the maximum extent permitted by law, Anchr is not liable for any Loss arising from or connected with the professional services you provide, your clinical decisions, your Clinical Records, your communications with clients or others, any outcome for a client, or your use of or reliance on AI Output or Platform content, except to the extent the Loss is caused by our breach of this Agreement, our negligence or our breach of law.

23.2 Excluded Loss

To the maximum extent permitted by law, neither of us is liable to the other for any Consequential Loss, however it arises, including in negligence. This does not limit your obligation to pay Fees or your indemnity in section 24.

23.3 Cap on Our Liability

To the maximum extent permitted by law, our total liability to you for all claims arising out of or in connection with this Agreement or the Platform, whether in contract, tort (including negligence), under statute or otherwise, is limited to the greater of A$500 and the total Fees you paid us in the 12 months before the event that gave rise to the most recent claim.

23.4 Contribution

Our liability is reduced to the extent that a Loss is caused or contributed to by you, your Personnel, your clients, or a third party that we are not responsible for, or by your failure to follow this Agreement (including by not reviewing AI Output, not obtaining consent, or not keeping your own copy of Clinical Records).

23.5 What These Limits Do Not Cover

These limits do not apply to liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by our negligence, or for our fraud or wilful misconduct.

24.1 Your Indemnity

You indemnify Anchr and its officers, employees and contractors against any Loss they suffer or incur as a result of a claim, complaint, investigation or proceeding by a client, a regulator or any other third party arising from:

• the professional services you provide, including any clinical decision and any AI Output you adopted
• your failure to obtain a consent or give a notice required by law or your professional obligations, including for recording or AI processing
• your breach of this Agreement, the law or your professional obligations
• your Practice Data infringing anyone's rights
• a dispute between you and a client about your fees, charges, refunds or cancellation policy

Your liability under this indemnity is reduced to the extent the Loss was caused or contributed to by our breach of this Agreement, our negligence or our wilful misconduct.

24.2 Our Indemnity

We indemnify you against any Loss you suffer as a result of a claim by a third party that your use of the Platform, as permitted by this Agreement, infringes their intellectual property rights in Australia. This does not apply to claims about your Practice Data, third-party services, or a combination of the Platform with something we did not supply. Our liability under this indemnity is subject to section 23.3.

24.3 How Claims Are Handled

A party seeking to rely on an indemnity must notify the other promptly, give reasonable help, and not settle the claim without the other's consent (which must not be unreasonably withheld).

We may suspend or limit your access to the Platform, or to a feature, immediately if we reasonably believe that:

• your registration or membership has been suspended or cancelled, has lapsed, or has a condition that is inconsistent with your use of the Platform, or your insurance has lapsed
• your use of the Platform poses a risk to the safety or privacy of any person, or to the security or integrity of the Platform
• you have seriously breached this Agreement or the law
• we are required to by law, by a court, or by a regulator
• an amount you owe has not been paid (in which case only paid features are affected)

Where it is reasonable and lawful to do so, we will tell you why and give you an opportunity to respond first. While you are suspended, we will keep your Practice Data and, unless it would be unlawful or unsafe, let you export it.

26.1 By You

You can end this Agreement at any time by cancelling any paid plan and asking us to close your account. Closing your account permanently deletes your Practice Data from Anchr, so export it first.

26.2 By Us

• We may end this Agreement for any reason by giving you at least 60 days' notice. We will refund prepaid Fees and unused paid credit for the period after it ends.
• We may end this Agreement by notice, effective immediately, if you seriously breach it and the breach cannot be remedied, or you do not remedy a breach within 14 days of our notice asking you to; if you are no longer eligible under section 3; or if you become insolvent.

26.3 What Happens When It Ends

• Your access ends, and any unpaid Fees for the period before it ends become payable.
• If we end this Agreement, for any reason, you will have at least 30 days to export your Practice Data, unless that would be unlawful or unsafe. After that, we delete it from the Platform. If you close your account yourself, deletion happens when the closure is complete (section 26.1). Encrypted backups are cleared within a further 30 days.
• We keep the information we must keep by law or to establish, exercise or defend legal claims, such as invoices, tax records, the record of your acceptance of this Agreement and security audit logs, as the Clinician Privacy Policy explains.
• Sections that by their nature should continue after this Agreement ends continue, including sections 6, 13, 14, 17, 18, 22 to 24, 26.3, 29 and 30.

• If a client complains to us about you or your services, we may refer the complaint to you and suggest they raise it with you, with Ahpra or your professional association, or with the health complaints body in their state or territory.
• Where the law permits or requires, we may report a concern about you to Ahpra, a National Board, a health complaints body, the police or another authority, including where we reasonably believe there is a risk of serious harm to a person.
• If a regulator, court or other authority lawfully requests information about your use of the Platform, including audit logs of your access to client information, we may provide it.
• You agree to cooperate reasonably with us in responding to any complaint, Security Incident or regulatory inquiry relating to your use of the Platform.

We may change this Agreement to reflect changes to the Platform, the law, regulators' guidance or how we operate. For a change that is likely to disadvantage you, we will give you at least 30 days' notice by email and in the Platform, and ask you to accept the new version in the Platform. If you do not agree, you can end this Agreement before the change takes effect, and we will refund prepaid Fees and unused paid credit for the period after it ends. A change needed to comply with the law, a regulator's direction or a security risk may take effect sooner, and we will tell you as soon as we can. Other changes, such as corrections or clarifications, take effect when we publish them with a new effective date.

• If a dispute arises, the party raising it must give the other written notice describing it. The parties' representatives must then try in good faith to resolve it within 20 Business Days.
• If it is not resolved, either party may refer it to mediation in Sydney, administered by the Resolution Institute under its mediation rules. Each party pays its own costs and shares the mediator's fees equally.
• Neither party may start court proceedings about a dispute (other than for urgent interim relief) until these steps have been followed.
• This section does not stop you making a complaint to a regulator, or affect your rights under the Australian Consumer Law.

• This Agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts that can hear appeals from them.
• We may give you notices by email to your account email address or in the Platform. You may give us notices by email to privacy@anchr.health with the subject "Legal Notice". An email notice is received when it enters the recipient's mailbox, unless the sender receives a delivery failure message.
• You may not assign or transfer this Agreement without our written consent. We may assign it to a business that takes over the Platform, if that business agrees to be bound by it, and we will tell you if that happens. We may use subcontractors and remain responsible for them.
• Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as an outage at a third-party provider, a natural disaster or a cyber attack it could not reasonably have prevented, provided it takes reasonable steps to minimise the effect.
• This Agreement is the entire agreement between us about the Platform and replaces any earlier agreement about it, including the Anchr Terms & Conditions for app users as they applied to your use of the clinician portal.
• If any part of this Agreement is void or unenforceable, it is severed and the rest continues to apply. If we do not enforce a right straight away, we have not waived it.
• No one other than you and us has rights under this Agreement.
• In this Agreement, "including" and similar words do not limit what else is included, and headings are for convenience only.

Anchr Digital Health Pty Ltd (ACN 696 944 537)

• Support, privacy, security and legal enquiries: privacy@anchr.health
• For legal notices, use the subject line "Legal Notice". For security issues, use "Security".