Terms & Conditions

1. Agreement to Terms

Welcome to caregenie. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Caregenie Pty Ltd ("Company," "we," "us," or "our") governing your access to and use of our healthcare practice management platform, including our website, applications, AI-powered features, telehealth services, and all related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

IMPORTANT: These Terms contain provisions that limit our liability and require arbitration of certain disputes. Please read them carefully.

2. Eligibility & Account Registration

To use the Service, you must:

• Be at least 18 years of age
• Be a licensed healthcare professional or authorized representative of a healthcare practice
• Have the legal authority to bind yourself or your organization to these Terms
• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials

You are responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other security breach.

3. Description of Service

caregenie provides a cloud-based healthcare practice management platform that includes:

• AI-powered practice management and administrative automation
• Patient record management and document storage
• Telehealth and video consultation capabilities
• Intelligent scheduling and calendar management
• Billing, invoicing, and payment processing
• AI receptionist and customer service automation
• Practice Memory™ intelligent search functionality
• Analytics and practice performance insights

Features may vary based on your subscription tier and may be updated, modified, or discontinued at our discretion.

5. HIPAA Compliance & Data Security

caregenie is designed to support HIPAA compliance for healthcare practices. We implement administrative, physical, and technical safeguards to protect Protected Health Information (PHI).

By using the Service with patient data, you agree that:

• You will execute a Business Associate Agreement (BAA) with us prior to storing PHI
• You will use the Service in compliance with all applicable healthcare privacy laws
• You will implement appropriate access controls within your organization
• You will train your staff on proper use of the Service
• You will promptly report any suspected security incidents

For detailed information about our data practices, please review our Privacy Policy.

6. Subscription & Payment Terms

Access to certain features of the Service requires a paid subscription. By subscribing:

• You authorize us to charge your designated payment method on a recurring basis
• Subscription fees are non-refundable except as required by law or as stated in our refund policy
• We may modify pricing with 30 days' advance notice
• You are responsible for all applicable taxes

30-Day Satisfaction Guarantee: New subscribers may cancel within 30 days of initial subscription for a full refund. After this period, cancellation takes effect at the end of your current billing cycle.

Failure to pay may result in suspension or termination of your access to the Service.

7. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable laws, regulations, or professional ethics codes
• Transmit unauthorized PHI or violate patient privacy
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to any systems or data
• Reverse engineer, decompile, or disassemble the Service
• Interfere with the operation of the Service or other users' access
• Use automated systems to access the Service without permission
• Resell, sublicense, or redistribute the Service without authorization

We reserve the right to investigate violations and take appropriate action, including account termination and referral to law enforcement.

8. Intellectual Property Rights

Our Property: The Service, including all software, features, algorithms, designs, trademarks, and content provided by us, is owned by Caregenie Pty Ltd and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

Your Data: You retain all ownership rights to the patient data, documents, and other content you upload to the Service. By using the Service, you grant us a limited license to process, store, and transmit your content solely to provide the Service.

Feedback: Any suggestions, ideas, or feedback you provide about the Service may be used by us without any obligation to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Caregenie Pty Ltd and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) your violation of any applicable laws or regulations; or (e) any patient claims or professional liability matters related to your practice.

12. Termination

By You: You may terminate your account at any time through your account settings or by contacting our support team. Termination takes effect at the end of your current billing period.

By Us: We may suspend or terminate your access immediately, without prior notice, if you: (a) violate these Terms; (b) fail to pay subscription fees; (c) engage in fraudulent activity; or (d) if required by law.

Data Export: Upon termination, you will have 30 days to export your data. After this period, we may delete your data in accordance with our data retention policies and applicable law.

13. Dispute Resolution

Governing Law: These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

Informal Resolution: Before initiating formal proceedings, you agree to contact us at [email protected] to attempt informal resolution for at least 30 days.

Arbitration: Any dispute not resolved informally shall be resolved by binding arbitration in Sydney, Australia, conducted in English under the rules of the Australian Centre for International Commercial Arbitration.

Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Service at least 30 days before taking effect.

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and BAA (if applicable), constitute the entire agreement between you and us.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms freely.
• Force Majeure: We are not liable for failures due to circumstances beyond our reasonable control.
• No Partnership: These Terms do not create any partnership, employment, or agency relationship.