Terms of Service

These Terms of Service ("Terms") govern your access to and use of the RecallQ platform and services ("Service"), provided by Thomas William Groves, trading as RecallQ (ABN 84 202 664 713) ("RecallQ", "we", "us"). By creating an account, subscribing, or using the Service, the health practice or organisation on whose behalf you act ("you", "the Practice") agrees to these Terms, our Privacy Policy, our Sub-Processors list and our Data Processing Agreement.

The Service is provided to businesses for business use. It is not offered to consumers for personal, domestic, or household use.

1. The Service

1.1 What RecallQ does. RecallQ is a software platform that helps Australian dental, physiotherapy and optometry practices (and similar allied-health practices) to: import their patient list from a CSV export; send appointment-recall and reminder messages to patients by SMS and email; receive and handle patient replies (such as confirm, cancel, reschedule, opt-out and simple questions); record bookings that result from those replies (and, on the Pro plan, let patients choose a time on a booking page hosted by RecallQ); and report on recalls sent, patients reactivated and estimated recovered revenue (the "ROI report").

1.2 Plans and features. Features differ by plan, as shown on our pricing page and in the Service. Patient self-booking links and the AI features are available on the Pro plan, and on Managed, which is the Pro plan run for you by RecallQ. A feature that our website or the Service labels "coming soon" is not part of the Service until we tell you in the Service that it is available to you.

1.3 AI-assisted features (Pro and Managed plans). On the Pro plan, and on Managed (which is the Pro plan run for you by RecallQ), the Service uses third-party artificial-intelligence providers to: (a) work out what a patient's SMS reply means and, where the model is confident, confirm or reschedule an existing booking or record a pending booking; (b) draft the wording of recall SMS messages from your own template; (c) write a short summary on your ROI report; and (d) only where you turn it on and supply your practice's own FAQ, answer simple patient questions (such as opening hours, parking or how to book) on your behalf. AI features never cancel a booking, never opt a patient out, never give clinical advice, and hand anything clinical, urgent or a complaint to your staff. AI output can be wrong. You must review your message templates and FAQ before use, and you remain responsible for messages sent in your name. The providers involved, and the limited data sent to them, are described in our Privacy Policy and Sub-Processors list.

1.4 Acknowledgement and safety messages (all plans). After a patient replies, the Service may send a short, fixed acknowledgement (for example, that the practice will call to arrange a time). If a reply contains words suggesting a medical emergency, the Service sends a fixed message telling the patient to call 000 in an emergency and otherwise to contact the practice, and flags the reply to your staff. This is a keyword check, not clinical triage. It does not replace your duty of care, and you remain responsible for reviewing and acting on replies flagged to you.

1.5 Staff notification emails. Where enabled for your practice, the Service emails a digest of patient replies that need attention to the contact email address you nominate in the Service. Those emails contain patient names and short excerpts of patient replies. You must keep that address current and under your control.

1.6 Changes to the Service. We may add, change, or remove features from time to time. We will not make a change that materially reduces the core functionality of a paid plan during a billing period without notice.

2. Eligibility and accounts

2.1 You must be a registered business (such as a dental, physiotherapy or optometry practice) and the person who accepts these Terms must be authorised to bind that business.

2.2 You are responsible for all activity under your account, for keeping login credentials secure, and for ensuring that each of your staff users complies with these Terms.

2.3 You must provide accurate registration and billing information and keep it current.

2.4 Confirming your account. When you sign up we email you a confirmation link. An account whose email address is not confirmed within 72 hours is deleted automatically, together with any practice record created for it. We record the version of these Terms you accepted, and when, as evidence of your agreement.

2.5 Abuse controls. To protect the Service we limit how often sign-ups and confirmation emails can be requested from the same network address or for the same email address, and we may refuse or remove accounts we reasonably believe are fraudulent or automated.

3. Your responsibilities and the patients you contact

This section is central to lawful use of the Service.

3.1 Lawful basis to contact patients. You are solely responsible for ensuring that you have a lawful basis and any necessary consent to send each message to each patient, including compliance with the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and the Do Not Call Register Act 2006 (Cth) where applicable. You must not use the Service to contact a patient who has opted out or who you do not have a lawful basis to contact.

3.2 Accuracy and currency of data. You are responsible for the accuracy of the patient data you upload, including contact details and consent/opt-out status, and for removing patients who should no longer be contacted.

3.3 You control the patient data. As between you and RecallQ, you determine the patient personal information that is uploaded and the purposes for which it is used. RecallQ handles that information on your behalf and under your instructions to provide the Service, as set out in our Data Processing Agreement. Our handling of personal information is described in our Privacy Policy and Sub-Processors list.

3.4 Message content. You are responsible for the content of messages sent through the Service, including any templates you configure or edit and any FAQ you supply for AI replies. Where message content is AI-assisted, you remain responsible for reviewing message templates for accuracy and appropriateness before use. The Service automatically includes business identification and opt-out mechanisms required by law (for example, "Reply STOP to opt out" on SMS and one-click unsubscribe on email); you must not remove or circumvent these.

3.5 Acceptable use. You must not use the Service to send unlawful, misleading, harassing, or unsolicited bulk messages; to upload data you are not entitled to use; to attempt to breach security or access another practice's data; or in any way that breaches applicable law.

3.6 Authority to send on your behalf. You authorise RecallQ to send messages to your patients on your behalf and in your name, from sender addresses and numbers operated by RecallQ, with each message identifying your practice as the sender. You warrant that the practice name, ABN and physical address you enter in the Service are accurate and current, because they are included in messages as sender identification under the Spam Act 2003 (Cth).

3.7 Not a clinical record. The Service is not your clinical or practice-management record of truth. You must not rely on it to meet any obligation you have to keep patient or health records.

4. Subscriptions, fees, and GST

4.1 Plans and prices. The Service is offered on monthly subscription plans. Current plans are Starter A$999, Pro A$1,499 and Managed A$2,499 per month, charged monthly in advance. All prices are in Australian dollars. RecallQ is not currently registered for GST, so no GST is charged on these prices. If RecallQ becomes registered for GST, we will tell you in advance under clause 4.5 how GST will apply to your fees. An invoice or receipt is available for each payment.

4.2 Payment. Subscriptions are billed through our payment processor (Stripe). You authorise us (via Stripe) to charge your nominated payment method for the recurring fee and any applicable taxes until the subscription is cancelled.

4.3 Auto-renewal. Subscriptions renew automatically each billing period unless cancelled before the renewal date in accordance with clause 8.

4.4 Failed payment. If a payment fails, we may retry the charge and may suspend the Service until payment is made.

4.5 Refunds and changes. Except where required by the Australian Consumer Law or other applicable law, fees are non-refundable and we do not provide refunds or credits for partial billing periods. We may change prices on reasonable prior notice; changes take effect at your next renewal.

4.6 Active patient limits. Each plan includes a maximum number of active patients: Starter 400 and Pro 2,000; Managed has the Pro limit. Enterprise arrangements are by agreement.

A patient record counts as an active patient where all of the following are true:

(a) the record's status is active and it has not been deleted;

(b) the patient can still be contacted on at least one channel through the Service, meaning either:

(i) SMS — you have recorded consent to send SMS, the patient has not opted out of SMS, and the record holds a valid Australian mobile number; or

(ii) email — you have recorded consent to send email, the patient has not opted out of email, the record holds an email address, and email sending is switched on for your practice; and

(c) the patient's last recorded visit date is within the preceding 24 months, or no last visit date is recorded for that patient.

A patient who opts out of SMS but can still receive email recalls continues to count as an active patient, because the Service can still contact them. A patient who has opted out of every channel, or for whom no usable contact details are held, does not count.

Where you have set a patient to receive messages on one channel only, that is the channel we assess. For example, a patient set to SMS only who has opted out of SMS does not count, even if an email address is held for them.

Records that do not meet all of (a) to (c) are stored but are not counted toward your plan's active patient limit. The active patient count is therefore usually lower than the total number of patient records you have uploaded.

4.7 How the limit is measured and applied. Your active patient count is calculated by the Service at the time of measurement and is displayed to you in the Service. The same calculation is used both to display your usage and to apply the limit, so the figure you see is the figure we apply.

The limit is enforced when you import patient records: an import that would take you beyond your plan's active patient limit may be rejected in whole or in part. We do not automatically delete, deactivate, or stop messaging patients if your count exceeds your limit.

Because the count is measured against the criteria in clause 4.6, it can change without any action by you — for example, a patient's last visit passing the 24-month mark reduces it, and a returning patient may increase it. Your count may therefore exceed your plan's limit between imports.

Where an import would take you past your plan's active patient limit, we will tell you by email and in the Service, and you may choose to:

(a) upgrade to a plan with a higher limit;

(b) remove specific patient records so that your count returns within your limit; or

We will not delete patient records, deactivate patients, or stop sending your recalls on your behalf because your count is at or above your limit. Removing records under (b) is your decision and your responsibility, including any obligation you have to retain patient records elsewhere.

4.8 Changes to the definition. We may change the way active patients are defined or measured on reasonable prior notice.

4.9 Promotional and founding-practice codes. Where you subscribe using a promotional or founding-practice code, the discount or offer applies on the terms shown at checkout when you subscribe. We may withdraw a code for new subscriptions at any time without affecting subscriptions already using it.

5. Third-party services

The Service relies on third parties to operate, including for hosting and databases, SMS and email delivery, payments, error monitoring, business email, and (on the Pro and Managed plans) artificial-intelligence providers. These are listed on our Sub-Processors page. We are not responsible for outages or failures of third-party networks or providers (for example, mobile carrier delivery of SMS, or an AI provider being unavailable), although we will use reasonable efforts to maintain the Service.

6. Intellectual property

6.1 RecallQ and its licensors own all intellectual property rights in the Service. We grant you a non-exclusive, non-transferable right to use the Service during your subscription, solely for your internal business purposes.

6.2 You retain all rights in the data you upload ("Your Data"). You grant RecallQ a non-exclusive licence to host, process, and transmit Your Data as necessary to provide the Service and as described in the Privacy Policy and Data Processing Agreement.

6.3 Message wording generated by the Service for your practice (including AI-drafted wording) may be used by you for the purpose of the Service. We do not claim ownership of your templates or FAQ.

7. Confidentiality and data protection

7.1 Each party must keep the other's confidential information confidential and use it only as needed to perform under these Terms.

7.2 RecallQ handles personal information in accordance with the Privacy Act 1988 (Cth), our Privacy Policy and our Data Processing Agreement. Patient personal information is stored in Australia. Our application servers run in Singapore and handle information in transit only, and certain other sub-processors are located overseas, as disclosed on the Sub-Processors page.

7.3 By using the Service you acknowledge the overseas disclosures described in our Privacy Policy and Sub-Processors list, including the disclosure of patient reply text to AI providers in the United States on the Pro and Managed plans.

8. Term, cancellation, and suspension

8.1 These Terms apply for as long as you have an account or an active subscription.

8.2 You may cancel your subscription at any time through your account; cancellation takes effect at the end of the current billing period. You will retain access until then and will not be charged for the following period.

8.3 We may suspend or terminate your access if you materially breach these Terms (including non-payment or unlawful use), or if required by law. Where practical and lawful, we will give you notice and an opportunity to remedy the breach.

8.4 Effect of termination. On termination, your right to use the Service ends. You may request an export of Your Data for 30 days after termination. We then delete Your Data within 60 days of termination, except for audit records (which contain no patient personal information) and billing records that we must keep by law, as described in the Privacy Policy.

9. Warranties and disclaimers

9.1 We provide the Service with reasonable care and skill. To the maximum extent permitted by law, and subject to clause 9.3, the Service is provided "as is" and we do not warrant that it will be uninterrupted, error-free, or that any particular message will be delivered, as delivery depends on third-party carriers and recipient systems.

9.2 The Service assists with message drafting, scheduling and reply handling; it does not provide clinical, legal, or compliance advice. You are responsible for your own compliance obligations.

9.3 Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded. Where our liability for a failure to comply with such a guarantee can be limited, our liability is limited to (at our option) re-supplying the relevant service or paying the cost of re-supply.

9.4 Automated and AI-assisted messages. Automated acknowledgements, safety messages, AI reply classification and AI-drafted replies are produced without human review at the time of sending. They may be inaccurate or incomplete, and the emergency keyword check may miss an emergency or flag a message that is not one. You must not rely on them as a substitute for your own review of patient replies.

9.5 Sending windows. The Service only sends recall SMS between 9:00 am and 8:00 pm, and automated reply messages between 7:00 am and 11:00 pm, Australian Eastern time (or the practice's configured time zone). Messages scheduled outside those windows are held until the window opens.

10. Limitation of liability

10.1 Subject to clause 9.3, neither party is liable for any indirect, incidental, special, or consequential loss, or for loss of profits, revenue, goodwill, or data.

10.2 Subject to clause 9.3, RecallQ's total aggregate liability arising out of or in connection with these Terms is limited to the fees paid by you to RecallQ in the 12 months preceding the event giving rise to the liability.

11. Indemnity

To the maximum extent permitted by law, you indemnify RecallQ against claims, losses, and costs arising from: (a) Your Data; (b) your failure to have a lawful basis or consent to contact a patient; (c) your breach of these Terms or applicable law; or (d) message content you configure, including templates and FAQ text.

12. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will give reasonable notice (for example, by email or in-product notice). Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms. The version of these Terms that you accepted at sign-up is recorded against your account.

13. General

13.1 Governing law. These Terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that place.

13.2 Assignment. You may not assign these Terms without our consent. We may assign these Terms to a successor or in connection with a sale of our business, including to a company that Thomas William Groves establishes to carry on the RecallQ business.

13.3 Entire agreement. These Terms, together with the Privacy Policy, the Sub-Processors page and the Data Processing Agreement, form the entire agreement between you and RecallQ regarding the Service.

13.4 Severability. If any provision is unenforceable, the remaining provisions continue in effect.

13.5 Notices. We may give you notices by email to the contact or billing email address on your account, or in the Service. You may give us notice by email to the address in clause 14.

14. Contact

Thomas William Groves, trading as RecallQ, ABN 84 202 664 713

Email: contact@recallq.com.au

The agreement between your practice and RecallQ.