Terms of Service

1. Definitions

• Platform — the Figments web application, APIs, and related services accessible at figments.com.au.
• Organisation — the allied health practice, clinic, or business entity that subscribes to the Platform and manages one or more clinician seats.
• Owner — the individual who creates the Organisation account and holds primary administrative control.
• Clinician — a practitioner within an Organisation who is granted a seat on the Platform to manage clients and clinical records.
• Seat — a licensed user position within an Organisation's subscription.
• Client — a patient, participant, or service recipient whose records are managed on the Platform by an Organisation.
• Client Data — all personal information, health information, clinical notes, session records, files, and communications relating to Clients stored on the Platform.
• Account Data — information about the Organisation, its Clinicians, billing details, and platform configuration.
• Voice AI — the optional feature that uses audio recording, transcription, and AI-assisted note generation to support clinical documentation.
• Free Tier — the free plan with limited features (1 clinician, 10 clients), offered at no charge.
• Subscription — the paid plan selected by the Organisation, billed on a recurring basis.
• Add-on Usage — email, SMS, digital forms, and Voice AI units consumed beyond the free allowance included in a plan.

2. Eligibility and Account Registration

The Platform is designed for Australian allied health practices. By registering, you represent that:

• You are at least 18 years of age.
• You are authorised to bind the Organisation to these Terms.
• The information you provide during registration is accurate and complete.

Each Organisation must designate at least one Owner. The Owner is responsible for managing Clinician seats, billing, and compliance with these Terms.

You must not share login credentials between individuals. Each Clinician must have their own seat and login. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

3. Subscription and Billing

Figments offers subscription plans on a per-clinician weekly pricing model. Current tiers: Free, Clinician App, Gold, and Platinum. Plans and pricing are published on our website and may be updated from time to time.

Free Tier.The Free plan includes 1 clinician seat and a limit of 10 active clients at no charge. The Free Tier is subject to feature limitations as described on our pricing page. We reserve the right to modify or discontinue the Free Tier with 30 days' written notice.

Billing. All prices are quoted and billed in Australian Dollars (AUD), inclusive of GST where applicable. Paid subscriptions are billed weekly in advance and automatically renew at the end of each billing cycle unless cancelled before the renewal date.

Payment Processing.Payments are processed securely by Stripe. Figments does not store your credit card details. By subscribing, you also agree to Stripe's terms of service.

Seat Changes. You may add or remove Clinician seats at any time. Added seats are charged on a pro-rata basis for the remainder of the current billing cycle. Removed seats take effect at the end of the current billing cycle.

Failed Payments. If a payment fails, we will notify you by email and retry the charge. If payment remains outstanding for more than 14 days, we may suspend access to the Platform until the balance is settled.

Refunds. Subscription fees are generally non-refundable. We may offer refunds or credits at our discretion on a case-by-case basis.

4. Usage-Based Add-Ons

Certain features are billed on a per-unit basis above a free allowance included in your plan:

Current add-on pricing is published on our pricing page. Overage charges are tallied during the billing cycle and invoiced at the end of each month. You can monitor your usage in the Organisation settings dashboard.

5. Data Ownership

Your Data, Your Ownership. The Organisation owns all Client Data and Account Data entered into the Platform. Figments does not claim any ownership rights over your data.

Data Processor Role.Figments acts as a data processor on behalf of the Organisation (the data controller). We process Client Data solely to provide the Platform's features as directed by the Organisation.

We will never sell, rent, or trade Client Data or Account Data to third parties. We do not use Client Data to train machine learning models or for any purpose other than delivering the Platform's services.

6. Data Residency and Storage

All primary data is stored in Australia:

• Database: AWS ap-southeast-2 (Sydney)
• Clinical files & recordings: Google Cloud Storage australia-southeast1 (Sydney)
• Application hosting: Vercel syd1 region (Sydney)

Some data is processed by third-party services located outside Australia (including Firebase Auth for authentication, Stripe for billing, Resend for email, and Twilio for SMS). Voice AI processing uses Google Cloud Vertex AI in the australia-southeast1 (Sydney) region. Where data is transferred overseas, we take reasonable steps to ensure those providers maintain privacy protections equivalent to the Australian Privacy Principles under APP 8.

Refer to our Privacy Policy for full details of our sub-processors and data handling practices.

7. Privacy and Health Records Compliance

Figments is committed to compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Our full Privacy Policy is available at figments.com.au/privacy.

The Platform is designed to support Organisations in meeting their obligations under applicable state and territory health records legislation (including the Health Records Act 2001 (Vic) and equivalent legislation in other jurisdictions). However, the Organisation remains responsible for its own compliance with health records laws.

Clinical records are retained for a minimum of 7 years from the date of last service (or until a minor client turns 25, whichever is later), consistent with applicable health records legislation. Organisations may not delete records before the statutory retention period expires.

In the event of an eligible data breach under the Notifiable Data Breaches scheme, we will notify affected Organisations and the Office of the Australian Information Commissioner (OAIC) as required by Part IIIC of the Privacy Act.

8. Acceptable Use Policy

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law.
• Send unsolicited marketing communications (spam) through the Platform's email or SMS features. Communications must relate to the clinical relationship between the Organisation and its Clients.
• Share, transfer, or allow another person to use your login credentials.
• Attempt to gain unauthorised access to the Platform, other users' accounts, or our infrastructure.
• Upload or transmit malicious code, viruses, or any harmful content.
• Reverse-engineer, decompile, or attempt to extract source code from the Platform.
• Scrape, data-mine, or use automated tools to extract data from the Platform beyond its intended API usage.
• Use the Platform to store data unrelated to allied health practice management.
• Misrepresent your identity, qualifications, or affiliation with an Organisation.

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy, with or without notice depending on the severity of the breach.

9. Voice AI Terms

Consent Required.Before using Voice AI for any client session, the Organisation must obtain explicit, informed consent from the Client (or their legal guardian for minors). It is the Organisation's responsibility to collect, record, and manage this consent.

How Voice AI Works. Audio from clinical sessions is transmitted securely to Google Cloud Vertex AI (australia-southeast1 region) for transcription and AI-assisted note generation. Audio and transcript data is processed in Australia and is not retained after processing.

Clinician Responsibility. AI-generated clinical notes are drafts only. The treating Clinician is responsible for reviewing, editing, and approving all AI-generated notes before they are finalised. Figments does not guarantee the accuracy, completeness, or clinical appropriateness of AI-generated content.

No Clinical Advice. Voice AI is a documentation tool, not a diagnostic or clinical decision-making tool. AI-generated content must not be relied upon as clinical advice.

Consent Revocation. Clients may revoke their consent for Voice AI at any time. Upon revocation, the Organisation must cease using Voice AI for that Client immediately. Previously processed notes that have been reviewed and approved by a Clinician remain part of the clinical record.

Voice recordings are stored in Google Cloud Storage in the Sydney region (australia-southeast1) and are subject to the same data retention and security policies as other Client Data.

10. Intellectual Property

Platform IP. Figments and its licensors own all rights, title, and interest in the Platform, including its software, design, branding, documentation, and any improvements or modifications. Nothing in these Terms grants you any rights to our intellectual property except the limited right to use the Platform in accordance with your subscription.

Your Content.You retain all ownership rights to Client Data and any content you upload to the Platform. By using the Platform, you grant Figments a limited, non-exclusive licence to host, process, and display your content solely for the purpose of providing the Platform's services.

Feedback. If you provide suggestions, ideas, or feedback about the Platform, we may use that feedback without obligation to you.

11. Service Availability

We aim to provide reliable, continuous access to the Platform but do not guarantee uninterrupted availability. The Platform is provided on a “best efforts” basis.

No SLA on Free, Clinician App, Gold, and Platinum Plans. These plans do not include a formal Service Level Agreement (SLA). We do not offer uptime guarantees or service credits for downtime on these plans.

We will endeavour to provide reasonable advance notice of scheduled maintenance that may affect Platform availability. We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, power outages, internet disruptions, government actions, or third-party service provider outages.

12. Limitation of Liability

To the maximum extent permitted by Australian law (including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)):

• Figments' total aggregate liability to you for any claims arising out of or related to these Terms or the Platform is limited to the total fees paid by the Organisation to Figments in the 12 months immediately preceding the event giving rise to the claim.
• Figments is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunity, or goodwill, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian law, including liability for death or personal injury caused by negligence, fraud, or any guarantee under the Australian Consumer Law that cannot be excluded.

Clinical Responsibility. Figments provides a practice management platform, not clinical services. The Organisation and its Clinicians remain solely responsible for all clinical decisions, treatment, and the accuracy of clinical records. Figments accepts no liability for clinical outcomes.

13. Indemnification

You agree to indemnify, defend, and hold harmless Figments, its directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Platform in breach of these Terms.
• Your violation of any applicable law or regulation.
• Any dispute between the Organisation and its Clients.
• Client Data entered or managed through the Platform by the Organisation or its Clinicians.
• Failure to obtain required consents (including for Voice AI).

This indemnification obligation survives the termination of these Terms and your use of the Platform.

14. Account Termination

Termination by the Organisation

You may cancel your subscription at any time through the Organisation settings in the Platform or by contacting us at legal@figments.com.au.

Upon cancellation:

• Your subscription will remain active until the end of the current billing cycle.
• After the billing cycle ends, Clinician access will be revoked and the Organisation will enter a read-only state.
• You will have 30 days from the end of your billing cycle to export your data.
• After the 30-day export window, your account and data will be scheduled for deletion, subject to mandatory retention periods under health records legislation.

Termination by Figments

We may suspend or terminate your account immediately if:

• You materially breach these Terms and fail to remedy the breach within 14 days of written notice.
• You breach the Acceptable Use Policy in a manner we consider severe or posing risk to other users.
• Your account has been inactive for more than 12 months on the Free Tier.
• Required by law or regulatory authority.

Where we terminate your account, we will provide reasonable notice (unless immediate action is required for security or legal reasons) and allow a 30-day data export window where practical.

15. Data Export and Deletion

Organisations may request an export of their Client Data and Account Data at any time by contacting us at legal@figments.com.au or using the export tools available within the Platform. We will fulfil export requests within 14 business days.

Data exports are provided in standard formats (CSV, JSON, or PDF) as appropriate for the data type.

Once the mandatory retention period has expired (see Section 7), Organisations may request permanent deletion of their data. We will complete deletion within 30 days of a valid request, except where we are required by law to retain certain records. Residual copies of data may persist in encrypted backups for a limited period after deletion and are overwritten in the normal course of backup rotation.

16. Modifications to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Provide at least 30 days' advance notice to the Organisation Owner by email.
• Update the “Last updated” date at the top of this document.
• Make the revised Terms available at figments.com.au/terms.

Your continued use of the Platform after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree with the updated Terms, you may cancel your subscription before the changes take effect.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, for any dispute arising out of or relating to these Terms.

18. Dispute Resolution

Informal Resolution. Before initiating formal proceedings, both parties agree to attempt to resolve any dispute informally by contacting the other party in writing and allowing 21 days to respond.

Mediation. If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation administered by the Australian Disputes Centre (ADC) or another mutually agreed mediator, before commencing court proceedings.

Court Proceedings.If mediation does not resolve the dispute within 60 days of the mediator's appointment, either party may commence court proceedings in the courts of New South Wales.

Nothing in this section prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

19. General Provisions

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Figments regarding use of the Platform.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full effect. Our failure to enforce any right or provision does not constitute a waiver of that right.

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets, provided the assignee agrees to honour these Terms.

Notices to Figments should be sent to legal@figments.com.au. Notices to you will be sent to the email address associated with the Organisation Owner's account.

20. Contact

For questions about these Terms, contact us at:

Figments Tech Pty Ltd (ABN 91 697 631 780)
Email: legal@figments.com.au
Website: figments.com.au