Terms of Service

TransferToAI Pty Ltd
Last Updated: November 3, 2025
Version 1.1
Effective Date: November 3, 2025
Jurisdiction: Australia, Queensland

Table of Contents

Acceptance of Terms
Description of Service
Eligibility & Account Registration
Billing & Payment
Acceptable Use & Prohibited Conduct
Intellectual Property Ownership
Limitation of Liability & Warranties
Privacy & Data Protection
Third-Party Integrations
Indemnification
Dispute Resolution & Governing Law
Modifications to These Terms
Force Majeure
Entire Agreement
Contact Support

1. Acceptance of Terms

1.1 Binding Agreement

These Terms of Service ("Terms") constitute a binding legal agreement between TransferToAI Pty Ltd (ACN pending registration, "Company," "we," "us," "our"), a company registered in Queensland, Australia, and you—whether as an individual, business, clinic, or other legal entity ("Customer," "you," "your").

By accessing, using, or subscribing to TransferToAI services, you agree to be bound by these Terms. If you do not accept these Terms, do not use our services.

1.2 Contact Information

TransferToAI Pty Ltd
Email: support@transfertoai.com.au
Privacy Inquiries: privacy@transfertoai.com.au

2. Description of Service

2.1 What TransferToAI Does

TransferToAI provides an AI-powered receptionist system for dental clinics. The service includes:

Inbound call handling (24/7 phone reception)
Real-time transcription (AI converts speech to text)
AI response generation (natural language responses to patient inquiries)
Appointment scheduling (calendar synchronization with clinic systems)
SMS confirmations (automated appointment reminders)
Call recording (with patient consent only)
Call analytics (reports on call volume, duration, patient interactions)

2.2 Service Availability

TransferToAI operates 24/7/365. We target:

System uptime: 99.5% monthly
Call detection: Within 4 hours of incident
Call handling: Real-time (< 2 seconds latency)
Response generation: < 1 second average

2.3 Service Tiers

TransferToAI offers multiple service tiers. Specific tier details, call minute allocations, and features are provided separately during onboarding. For pricing inquiries, contact sales@transfertoai.com.au.

3. Eligibility & Account Registration

3.1 Who Can Use

You must:

Be 18+ years old
Be authorized to act on behalf of your clinic
Have a valid Australian Business Number (ABN) or equivalent
Comply with all applicable laws

3.2 Account Security

You are responsible for:

Keeping login credentials confidential
Preventing unauthorized access to your account
Notifying us immediately of suspicious activity
Ensuring compliance with clinic privacy obligations

Contact: security@transfertoai.com.au

3.3 Account Termination

We may suspend or terminate your account if:

You breach these Terms
Payment fails after 14 days notice
You violate Privacy Act 1988 or relevant legislation
You use the service for illegal purposes

You may terminate your account anytime by contacting support@transfertoai.com.au. Upon termination:

Your data is retained per your subscription tier (see Privacy Policy)
You remain liable for all accrued charges
Active calls are ended

3.4 Data Breach Notification

If we discover unauthorized access to your clinic data, we will notify you within 24 hours and the OAIC within 72 hours (per Notifiable Data Breaches scheme).

Contact: security@transfertoai.com.au

4. Billing & Payment

4.1 Billing Cycle

You are billed based on your selected subscription tier:

Monthly billing: Due on the same date each month
Annual billing: Due upfront; monthly equivalent pricing available
Usage-based overages: Billed at month-end if you exceed tier limits

4.2 Payment Methods

We accept:

Credit card (Visa, Mastercard, American Express)
Bank transfer (for enterprise customers)
Direct debit (where available)

4.3 Failed Payment

If payment fails:

You have 14 days to update payment method
After 14 days, your service is suspended
After 30 days of non-payment, account may be terminated
You remain liable for all accrued charges

4.4 Cancellation

You may cancel your subscription anytime by contacting support@transfertoai.com.au:

Monthly billing: Cancellation takes effect at end of current billing cycle (no early termination fee)
Annual billing: Cancellation takes effect immediately; prorated refund issued within 30 days

4.5 Refund Policy

Refunds are issued in the following scenarios:

Service failure: If we fail to maintain 99.5% uptime for 30+ consecutive days, you are eligible for pro-rata refund
Technical issues: If service is non-functional for > 24 hours, refund request can be made within 30 days
Billing error: Duplicate charges or incorrect tier billing are refunded within 14 days
Annual billing cancellation: Pro-rata refund based on unused period

Refund requests must be submitted within 30 days of the applicable incident.

5. Acceptable Use & Prohibited Conduct

5.1 You Agree Not To:

Use the service for illegal purposes (harassment, fraud, defamation)
Attempt unauthorized access to systems
Reverse-engineer or decompile our code
Transmit viruses, malware, or disruptive code
Bulk-download data for re-sale or competitive purposes
Misrepresent your identity or clinic authority
Violate patient privacy or recording consent requirements

5.2 Compliance Obligations

You are responsible for:

Complying with Privacy Act 1988 (Australian Privacy Principles)
Obtaining patient consent for recording before call processing
Maintaining patient confidentiality
Notifying patients of AI-powered call handling (where required)
Providing data breach notices to affected patients

5.3 Termination for Violation

We may terminate your service immediately if you violate these provisions. Termination does not waive our right to pursue legal remedies.

6. Intellectual Property Ownership

6.1 Our IP

All TransferToAI code, algorithms, design, documentation, and trademark are owned by TransferToAI. You are licensed to use them solely for operating your clinic reception.

6.2 Your Data

You retain all rights to your clinic data:

Patient information
Appointment records
Call logs
Custom recordings/scripts

You grant us a non-exclusive license to process this data to deliver the service. We do not sell your data to third parties.

6.3 Feedback

Any feedback you provide to us becomes our property and may be used to improve the service.

7. Limitation of Liability & Warranties

7.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED:

TransferToAI makes no warranty that the service will be uninterrupted, error-free, or 100% accurate
AI responses may occasionally be inaccurate or inappropriate
We are not liable for patient complaints arising from AI-generated responses
Call recording may fail in rare circumstances; we maintain daily backups but do not guarantee zero data loss

7.2 AI-Specific Disclaimers

AI is not a replacement for human judgment. All critical patient requests should be escalated to clinic staff
Accuracy limitations: AI may misunderstand accents, background noise, or complex medical questions
Liability exclusion: We are not liable for missed appointments, misscheduled calls, or incorrect medical advice provided by AI

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

TransferToAI's total liability for all claims arising from this agreement shall not exceed the fees paid by you in the preceding 12 months. This includes:

Lost profits
Data loss
Consequential or indirect damages
Business interruption

This limitation applies even if we have been advised of the possibility of such damages.

7.4 Third-Party Services

TransferToAI uses third-party services (Twilio, Google Cloud, Azure, Cellcast). We are not liable for their failures. See our Sub-Processor List for details: https://transfertoai.com.au/legal/subprocessors

8. Privacy & Data Protection

8.1 Data Processing

TransferToAI processes patient data as your Data Processor under the Privacy Act 1988. You are the Data Controller responsible for:

Obtaining patient consent to record calls
Providing privacy notices to patients
Managing data subject access requests

8.2 Data Retention

Call recordings are retained per your subscription tier:

Starter tier: 30 days
Professional tier: 90 days
Enterprise tier: 180 days
After termination: Data deleted within 30 days unless required by law

8.3 Data Security

We implement:

Encryption in transit: TLS 1.3
Encryption at rest: AES-256
Access control: Multi-factor authentication (MFA)
Audit logging: All data access logged and monitored
Regular backups: Daily encrypted backups to Australian data centers

8.4 Data Residency

100% of your data is stored in Australian data centers (Sydney region). No data leaves Australia except:

Google Cloud AI processing (uses Sydney PoP; no storage by Google)
Cellcast SMS (Australian provider)

8.5 Data Breach Response

See our Breach Response Plan: https://transfertoai.com.au/legal/breach-response-plan

8.6 Your Rights

You have the right to:

Request data access (data export)
Request data deletion
Request corrections
Obtain audit logs

Submit requests to: privacy@transfertoai.com.au

9. Third-Party Integrations

9.1 PMS Integration (Google Calendar OAuth)

TransferToAI integrates with your clinic's Google Calendar to sync appointment availability:

Access method: OAuth 2.0 (read-only permission)
Data processed: Calendar events, appointment times, clinic hours
Data storage: NOT stored by Google; read-only real-time access only
Clinic control: You authorize/revoke access anytime via Google Account Settings
Google's privacy: Subject to Google Cloud DPA (https://cloud.google.com/terms/data-processing-addendum)

9.2 Third-Party Disclaimer

TransferToAI is not responsible for:

Third-party service outages (Google, Twilio, Azure, Cellcast)
Data breaches at third-party providers
Changes to third-party terms or pricing

See our Sub-Processor List for all vendors and their DPAs.

10. Indemnification

You agree to indemnify, defend, and hold harmless TransferToAI from any claims arising from:

Your violation of these Terms
Your misuse of the service
Your violation of patient privacy obligations
Patient complaints about the service
Your failure to obtain recording consent

This indemnity does not apply if the claim arises solely from TransferToAI's gross negligence or willful misconduct.

11. Dispute Resolution & Governing Law

11.1 Governing Law

These Terms are governed by the laws of Queensland, Australia, without regard to conflict-of-law principles.

11.2 Dispute Resolution

Step 1: Negotiation (14 days)

Contact support@transfertoai.com.au with written complaint
We will respond within 7 days

Step 2: Mediation (30 days)

If unresolved, either party may request mediation
Mediator to be appointed by Australian Disputes Centre (ADC)
Costs split 50/50

Step 3: Arbitration

If mediation fails, disputes resolved by binding arbitration (Australian Arbitration Act 1974)
Single arbitrator appointed by ADC
Arbitration to occur in Brisbane, Queensland

11.3 Legal Jurisdiction

Both parties consent to the jurisdiction of courts in Queensland, Australia.

12. Modifications to These Terms

12.1 Right to Modify

We may modify these Terms anytime by posting updated version on our website. Your continued use of the service constitutes acceptance of changes.

12.2 Notification

For material changes (affecting your rights or obligations), we will notify you 14 days in advance via email.

12.3 Right to Reject

If you reject changes, you may terminate your account within 30 days of notification with full pro-rata refund.

13. Force Majeure

13.1 Definition

Force majeure events include:

Natural disasters (earthquakes, floods, extreme weather)
Pandemics or epidemics
Telecommunications network failures
Third-party infrastructure outages
Government actions or war

13.2 Consequences

If a force majeure event prevents service for > 24 hours:

Notification: We will notify you via status page and email
Service restoration target: 4 hours (reasonable efforts basis)
Refund eligibility: Extended outages (> 48 hours) may qualify for pro-rata refund (Customer's discretion)
Liability exclusion: We are not liable for damages arising from force majeure events

14. Entire Agreement

These Terms, together with our Privacy Policy, Security Policy, and Sub-Processor List, constitute the entire agreement between you and TransferToAI. All prior agreements, negotiations, and understandings are superseded.

15. Contact Support

Support & Billing:
Email: support@transfertoai.com.au

Privacy & Security:
Email: privacy@transfertoai.com.au
Email: security@transfertoai.com.au

Legal Matters:
Email: legal@transfertoai.com.au