Legal

Terms of Service

Version 2.0 · Effective August 2026 · Governed by the laws of New South Wales, Australia.

1. Parties and acceptance

These Terms of Service ("Terms") are an agreement between Avilo Health Pty Ltd ("Avilo", "we", "us") and the business entity registering for or using the Avilo service (the "Customer", "you"). Avilo is a company registered in Australia (ACN 698 695 019).

By creating an account or using the Service you agree to these Terms and represent that you have authority to bind the Customer entity.

2. Definitions

  • "Service" means the Avilo platform: AI-assisted handling of patient calls and messages, appointment reminders and confirmations, recall and reactivation messaging, the Avilo inbox, and (on the Notifications plan) one-way surfacing of inbound messages and confirmation status, on the Customer's subscribed plan.
  • "User" means an individual the Customer authorises to access the Service.
  • "Patient" means a patient or prospective patient of the Customer whose personal information is handled by the Service.
  • "Customer Data" means data supplied by or on behalf of the Customer, including data accessed from the Customer's practice management system ("PMS") and patient communications handled by the Service.
  • "DPA" means the Avilo Data Processing Agreement, available on request from support@avilo.com.au and incorporated into these Terms.
  • "Applicable Law" means the Privacy Act 1988 (Cth) and the APPs; the Health Records and Information Privacy Act 2002 (NSW), the Health Records Act 2001 (Vic) and equivalent state and territory legislation; the Spam Act 2003 (Cth); the Do Not Call Register Act 2006 (Cth); the Australian Consumer Law; and any other law applying to a party.

3. Eligibility

The Service is offered to lawfully operating Australian allied health businesses holding a valid ABN. Users must be 18 or over and authorised by the Customer. We may decline or terminate registration where the business is outside this scope or use would breach Applicable Law.

4. Accounts

You are responsible for your credentials and all activity under your account. Notify us promptly at support@avilo.com.au of suspected unauthorised access. We may require multi-factor authentication for administrative access, and may suspend an account where we reasonably believe it is compromised or presents a security risk, giving notice where practicable.

5. What the Service does

  • Avilo answers and handles routine patient communications, including booking, rescheduling, cancelling, confirmations, and the practice questions you approve, and writes changes back to your PMS.
  • New patients. Where a person who is not yet your patient calls or messages, Avilo may create a patient record and book an appointment, recording a brief reason for the visit. Avilo discloses at the start of each call that the caller is speaking with an AI assistant and that a written record is kept.
  • Escalation. Avilo escalates to your team whenever it is not confident, and whenever a communication appears clinical, urgent or ambiguous, or the patient asks for a human. Your team can take over any conversation at any time; a staff reply pauses AI handling of that conversation.
  • The Notifications plan is one-way. It classifies and surfaces inbound messages and appointment-confirmation status, including message content. It does not send or reply to anything. It handles the same patient information as other plans and is subject to the same DPA and obligations.
  • The Service depends on your PMS's API and on telecommunications carriers. Avilo is an independent product and is not affiliated with or endorsed by any specific PMS.

6. Safety features that cannot be disabled

The following are product constraints, not settings, and neither party may disable them:

(a) disclosure at the start of every AI-answered call that the caller is speaking with an AI assistant and that a written record of the call is kept;

(b) escalation of communications classified as clinical, urgent or ambiguous, and of explicit requests for a human;

(c) an active notification to nominated Customer staff for every urgent or clinical escalation. You choose the notification channel and recipients, including after hours, but not whether notification occurs;

(d) the emergency response: where a communication indicates a possible medical emergency, the Service directs the person to call 000 and escalates;

(e) exclusion of clinical content from outbound messages (§9);

(f) processing of opt-out keywords before any AI handling.

7. Configuration changes and escalation thresholds

7.1 You may configure notification channels, retention periods, approved answers, campaign parameters and tone.

7.2 Escalation confidence thresholds may be adjusted only on your written request. Before applying a change we will confirm in writing what will change and its practical effect, including that a lower threshold means more communications are handled without human review. Your written confirmation is your instruction, and we record each change in a change log available to you.

7.3 We maintain minimum thresholds for clinical and urgency classification that we will not reduce on request. This is a safety limit and is not negotiable.

8. Permitted use

You must not:

  • use the Service for clinical decision-making, including diagnosis, clinical triage, treatment recommendations, or any act reserved to a registered practitioner;
  • represent the Service to patients as an emergency contact channel, or configure or describe it in a way likely to delay urgent clinical care;
  • send unsolicited marketing or any communication breaching the Spam Act 2003 (Cth) or the Do Not Call Register Act 2006 (Cth);
  • author campaign content that breaches AHPRA advertising requirements, including misleading claims, inducements, or testimonials about regulated health services;
  • attempt to circumvent any feature in §6;
  • resell, sublicense or white-label the Service, or reverse-engineer any part of it;
  • use the Service in breach of Applicable Law or in a way that interferes with its security or operation.

We may suspend the Service for serious or repeated breach of this section, with notice where practicable.

9. Recall and reactivation messaging

9.1 Recall and reactivation messages are commercial electronic messages under the Spam Act 2003 (Cth). Every campaign message must identify your clinic and carry a functional opt-out; the Service requires and validates an opt-out line in every template.

9.2 Clinical content is excluded. Messages generated by the Service use structured appointment fields only and will not reference a patient's condition, symptoms, diagnosis, treatment, or clinical reason for attendance. This is enforced in the product.

9.3 Consent basis. You are responsible for holding a lawful consent basis for each campaign. Inferred consent based on an existing patient relationship weakens as time since last contact increases. You control the campaign lookback period; the Service will warn you where the selected period is long enough that inferred consent may not be reliable, and require confirmation. Proceeding is your decision and your responsibility.

9.4 Your first campaign requires review of every message before sending.

10. AI features and limitations

  • AI outputs are administrative, not clinical. The Service books, reschedules, reminds, recalls and answers approved practice questions.
  • AI outputs may be wrong, incomplete or out of date. The Service is built to escalate rather than guess, but no AI system is perfect. You should action escalations promptly and monitor the inbox as part of normal front-desk operations.
  • Automated decision-making is described in Part C of our Privacy Policy.
  • You and your Users retain full responsibility for clinical judgement, patient care, and your AHPRA and professional obligations.

11. Fees and billing

  • Plans and pricing are as set out in your order form or as quoted to you. Amounts are AUD and exclusive of GST unless stated.
  • Plans include a monthly volume of calls and conversational SMS; usage beyond that is billed at published overage rates. Appointment reminder texts are billed per outbound text as a separate line. Inbound patient messages are never charged.
  • Fair-billing commitment: where your overage in a month would exceed the price difference to the next plan, we will notify you and recommend the upgrade.
  • Billing is processed by Stripe. Subscriptions auto-renew monthly unless cancelled under §16.
  • Fees are non-refundable except as required by the Australian Consumer Law or expressly stated. We may change pricing on at least 30 days' notice, effective from your next billing cycle.

12. Data processing and privacy

Avilo holds and handles personal information, including Patients' health information, to provide the Service. Avilo is directly bound by the Privacy Act 1988 (Cth), and in addition processes Customer Data on your documented instructions under the DPA, incorporated into these Terms. Our Privacy Policy describes our information handling.

13. Customer Data, intellectual property and learning

  • You own your data. Customer Data remains yours. You grant Avilo a non-exclusive, royalty-free licence to host, process, transmit and display it solely to provide and support the Service.
  • No model training. We do not train AI models on Customer Data, and our AI sub-processors are contractually prohibited from doing so.
  • Learning is per-clinic. What the Service learns from your clinic, including approved answers, tone, preferences and threshold tuning, is used for your clinic only. Patient conversation content is never used to serve another customer.
  • General improvement. We may use de-identified, aggregated information (such as request-category frequencies and escalation rates) to improve the Service generally. This never identifies a Patient, Customer or Clinic and never includes patient communication content. Full terms: DPA §6.
  • We own the Service. All intellectual property in the platform, software, prompts, configurations, documentation and branding remains ours or our licensors'. You receive a limited, non-transferable licence for internal business use during your subscription.

14. Customer responsibilities

You are responsible for:

  • the accuracy and lawfulness of Customer Data, including data from your PMS;
  • patient notice: telling your patients Avilo handles communications on your behalf, using or adapting the template wording we supply, and maintaining a privacy policy covering overseas disclosure to our sub-processors (APP 8);
  • consent for reminders, recall and reactivation sent through the Service;
  • actioning escalations, and maintaining your own procedures for urgent and clinical communications, including nominating who receives after-hours escalation notifications and keeping those details current;
  • compliance with the Privacy Act, state health-records legislation, the Spam Act and AHPRA obligations;
  • your Users' acts and omissions.

Template wording we supply is a starting point, not legal advice.

15. Service availability

We use commercially reasonable efforts to keep the Service available and monitor it continuously, but we do not currently offer a contractual uptime SLA. Planned maintenance normally occurs outside Australian business hours with reasonable notice of material windows. The Service depends on third parties (PMS APIs, carriers, AI providers) whose outages may affect availability, and message and call delivery is subject to carrier networks.

The Service is not a substitute for your own emergency or urgent-care procedures.

16. Term, cancellation and termination

  • By you: cancel a monthly subscription at any time in-app or by writing to support@avilo.com.au; effective at the end of the current billing cycle.
  • By us: for material breach not cured within 30 days of written notice, for non-payment, for repeated breach of §8, or where required by law or a regulator.
  • On termination: access ends. Export and deletion follow DPA §11, with export available within 30 days of written request, deletion from production within 90 days, and backups purged on the next rotation. Your Avilo-provisioned phone number may be ported to you on request at cost, subject to carrier processes.
  • Continuity: our arrangements for the event we cease operations are in DPA §12.

17. Warranties, ACL and disclaimers

We warrant we will provide the Service with reasonable skill and care and in compliance with Applicable Law. Otherwise, to the maximum extent permitted by law, the Service is provided "as is" and we disclaim other warranties, express or implied.

Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded. Where liability for breach of a non-excludable guarantee can be limited, it is limited at our option to re-supplying the Service or paying the cost of re-supply.

18. Liability and indemnity

To the maximum extent permitted by law, each party's total aggregate liability arising out of or in connection with these Terms is capped at the total fees paid or payable by the Customer in the 12 months preceding the event giving rise to the claim, and neither party is liable for indirect or consequential loss, loss of profits, revenue, goodwill or anticipated savings.

Carve-outs. The cap and exclusion do not apply to: (a) fraud, gross negligence or wilful misconduct; (b) breach of confidentiality; (c) indemnification obligations; (d) liability that cannot lawfully be limited, including non-excludable ACL guarantees.

Indemnities. Each party indemnifies the other against third-party claims arising from its breach of these Terms, to the extent the breach caused the claim. You additionally indemnify Avilo against claims arising from (i) your failure to give required patient notice or hold required consent, or (ii) campaign content or parameters you authorised in breach of Applicable Law, in each case except to the extent caused by our breach.

19. Confidentiality

Each party will protect the other's confidential information with at least reasonable care and use it only for the purposes of these Terms. Obligations survive two years after termination, except for Customer Data, which continues while we hold it.

20. Disputes

Before proceedings, the parties will attempt in good faith to resolve any dispute between senior representatives for at least 30 days from written notice, then by mediation administered by the Australian Disputes Centre in Sydney. Nothing prevents either party seeking urgent interlocutory relief.

21. General

  • Variation. We may update these Terms; material changes notified by email to your billing contact at least 30 days in advance. Continued use after the effective date is acceptance; you may cancel under §16 before it takes effect.
  • Assignment. You may not assign without our written consent. We may assign to an affiliate or in connection with a restructure or sale.
  • Severability, no waiver, force majeure, entire agreement. Standard provisions apply. These Terms, the DPA and any order form are the entire agreement.
  • Notices to Avilo: support@avilo.com.au, privacy matters copied to privacy@avilo.com.au. To you: your billing contact on file.

22. Governing law

Governed by the laws of New South Wales, Australia; each party submits to the non-exclusive jurisdiction of its courts.

Avilo Health Pty Ltd (ACN 698 695 019) · Version 2.0 · Effective August 2026. See also our Privacy Policy.