Terms of Service

Please read these Terms of Service ("Terms") carefully before using the Hypnoflow platform and services operated by HYPNOFLOW TECHNOLOGIES PTY LTD ("us", "we", or "our").

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

HYPNOFLOW TECHNOLOGIES PTY LTD is an Australian company and these Terms comply with Australian laws and regulations, including the Australian Privacy Principles under the Privacy Act 1988 (Cth).

1. Definitions

• Platform: Refers to the Hypnoflow website, applications, and services.
• Content: Includes text, audio, video, graphics, and other material that may be viewed or accessed through our platform.
• Services: Refers to the features and tools provided by Hypnoflow, including but not limited to session recording, transcription, AI summarization, and client management.
• Optional Features: Features that therapists may choose to use or not use, including session recording, transcription, and AI summarization.
• User: Any individual who accesses or uses our platform, including therapists and clients.
• Therapist: A licensed healthcare provider who uses our platform to deliver therapy services.
• Client: An individual receiving therapy services through a therapist who uses our platform.
• Client Account: A secure account that allows clients to access their session recordings, notes, and other materials shared by their therapist.

2. Account Registration

To use certain features of our platform, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3. Subscription and Payments

3.1 Subscription Plans: We offer various subscription plans with different features and pricing. Details of current subscription plans are available on our pricing page.

3.2 Payment: You agree to pay all fees associated with your selected subscription plan. Payment must be made using one of our accepted payment methods. All fees are non-refundable unless otherwise specified or required by law.

3.3 Payment Processing: We use third-party payment processors to handle all payment transactions. We do not store your payment information directly on our servers. By making a payment, you agree to the terms and privacy policies of these third-party payment processors.

3.4 Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date. You authorise us to charge your payment method for the renewal.

3.5 Price Changes: We reserve the right to adjust pricing for our services at any time. If we do so, we will provide notice of the change through the platform or via email. Continued use of the platform after a price change constitutes acceptance of the new price.

4. Use of the Platform

4.1 Licence: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable licence to use our platform for your personal or professional use.

4.2 Restrictions: You agree not to:

• Use the platform in any way that violates any applicable laws or regulations
• Use the platform to transmit any material that is defamatory, offensive, or otherwise objectionable
• Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the platform
• Use any robot, spider, or other automated device to access the platform
• Introduce any viruses, trojan horses, worms, or other harmful materials
• Collect or track personal information of other users
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity

5. Intellectual Property

5.1 Our Intellectual Property: The platform and its original content, features, and functionality are owned by Hypnoflow and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Your Content: You retain all rights to any content you submit, post, or display on or through the platform. This includes all therapy session recordings, transcripts, clinical notes, and other health information.

By using our platform, you grant Hypnoflow a limited licence to store, process, and manage your content solely for the purpose of providing the services you have requested. This limited licence permits us to:

• Store and secure your session recordings and transcripts
• Process recordings for transcription and AI analysis (when these optional features are selected)
• Make content available to authorised users (therapists and their clients) as directed
• Perform necessary technical operations to maintain and improve the platform

We will never use your health information or therapeutic content for marketing, advertising, or promotional purposes. All content is treated as strictly confidential medical information and handled in accordance with applicable healthcare privacy laws and our Privacy Policy.

6. Data Privacy and Security

6.1 Australian Privacy Principles: We are committed to compliance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). Our collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.2 Confidentiality: All data within Hypnoflow, including all client information, therapy sessions, transcriptions, recordings, and notes, is treated as strictly private and confidential. We maintain the highest standards of confidentiality expected in therapeutic relationships.

6.3 Data Retention: We retain personal information in accordance with the health record retention requirements of the relevant state or territory legislation in Australia, which may vary across jurisdictions. Audio recordings are automatically deleted no later than 10 minutes after transcription is complete to enhance privacy and security.

6.4 Data Sovereignty: We prioritise data sovereignty and store all primary data on servers physically located in Sydney, Australia. This ensures that your data is subject to Australian privacy laws and regulations.

6.5 Cross-border Transfers: While we store all primary data in Australia, certain aspects of our services may involve transfers of personal information to overseas recipients for specific functions such as analytics or cloud infrastructure support. We take reasonable steps to ensure that overseas recipients comply with the Australian Privacy Principles.

6.6 Data Breach Notification: In the event of a data breach that may result in serious harm to any individual whose personal information is involved, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) in accordance with our obligations under the Privacy Act 1988 (Cth).

7. Healthcare Provider Responsibilities

7.1 Professional Responsibility: If you are a healthcare provider using our platform, you acknowledge and agree that:

• You are solely responsible for the therapy services you provide
• You will maintain all required licences, certifications, and credentials necessary to provide therapy services
• You will comply with all applicable laws, regulations, and professional standards
• You will obtain appropriate informed consent from clients for recording and processing session data
• You will maintain the confidentiality and privacy of client information in accordance with applicable laws and professional ethics
• You are responsible for maintaining your own client records in accordance with relevant professional and legal obligations
• You will ensure client consent is obtained before using optional features such as session recording, transcription, or AI summarization

7.2 Optional Features: Our platform provides optional features including session recording, transcription, and AI summarization. As a healthcare provider, you determine which features to use with each client and are responsible for obtaining appropriate consent before using these features.

7.3 Platform as a Tool: Our platform is provided as a tool to support therapy practice and is not intended to replace professional judgment. Therapists must exercise independent professional judgment when using AI-generated summaries and other platform features.

7.4 Client Access: Therapists may invite clients to the platform where clients can securely access their session recordings, notes, and other materials through their own authenticated accounts. Therapists are responsible for ensuring clients understand how to access and use these materials.

8. Disclaimer of Warranties

8.1 The platform is provided "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 We do not warrant that:

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

8.3 We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of AI-generated transcriptions or summaries. These features are provided as tools and should be reviewed by qualified professionals.

9. Limitation of Liability

9.1 To the maximum extent permitted by applicable law, in no event shall Hypnoflow, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the platform
• Any conduct or content of any third party on the platform
• Any content obtained from the platform
• Unauthorised access, use, or alteration of your transmissions or content

10. Indemnification

You agree to defend, indemnify, and hold harmless Hypnoflow, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the platform, your violation of these Terms, or your violation of any rights of another.

11. Termination

11.1 We may terminate or suspend your account and access to the platform immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

11.2 Upon termination, your right to use the platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the platform or contact us to request account deletion.

11.3 Data After Termination: Upon termination or deletion of your account, we will handle your personal information in accordance with our Privacy Policy. We may retain certain information as required by law or as necessary for our legitimate business purposes. Any information we retain will continue to be subject to the terms of our Privacy Policy.

11.4 Record Retention: Notwithstanding account termination, we will retain records in accordance with applicable state and territory legislation in Australia. Healthcare providers remain responsible for maintaining their own client records in accordance with relevant professional and legal obligations.

11.5 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on the platform and updating the "Last updated" date. Your continued use of the platform after any such changes constitutes your acceptance of the new Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the platform shall be brought exclusively in the courts located in Sydney, New South Wales, and you consent to the personal jurisdiction of such courts.

14. Contact Information

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

HYPNOFLOW TECHNOLOGIES PTY LTD
ABN: 84 687 147 977
Email: admin@hypnoflow.com.au