Definitions
The following definitions apply to these Terms and Conditions:
- "We", "us", "our" and "InterSession" means InterSession Group Pty Ltd (ABN 40 694 587 150, ACN 694 587 150), its related bodies corporate, employees, agents, and contractors.
- "You" and "your" means the registered or licensed mental health professional, or the practice or entity, accessing or using the Service as a practitioner or authorised staff member (also referred to as a "Practitioner" or "Clinician").
- "Service" or "Services" means the InterSession platform and all related features, including session recording, transcription, clinical note generation, client management, and any other functionality we provide.
- "Platform" means the web application accessible at app.intersession.io and any associated mobile applications.
- "Clinical Data" means session recordings, transcripts, clinical notes, client information, and any other health-related information processed through the Service.
- "Health Information" has the meaning given in the Privacy Act 1988 (Cth) and, where applicable, the Health Records Act 2001 (Vic) and equivalent State and Territory health records legislation.
- "Sub-processor" means a third party engaged by InterSession to process data in connection with the Service (for example, transcription, AI, hosting and email providers), as listed in our Privacy Policy.
Agreement to Terms
- By accessing or using InterSession ("the Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
- These Terms constitute a legally binding agreement between you and InterSession Group Pty Ltd (ABN 40 694 587 150, ACN 694 587 150) regarding your use of the Service. Please read them carefully. These Terms govern the relationship between InterSession and you as a Practitioner. They do not govern your Clients’ use of the InterSession client mobile application, which is subject to separate Client App Terms of Use accepted by the Client in that application.
Description of Service
- InterSession is a software-as-a-service platform that provides clinical documentation tools for mental health professionals. The Service includes:
- Session recording and transcription
- Clinical note generation
- Client management features
- Resource and document management
- The Service is designed to assist licensed mental health professionals with administrative tasks and is not intended to replace professional clinical judgment. .The Service is a documentation and workflow support tool. It is not a medical device, and it does not diagnose, treat, cure or prevent any medical condition, provide clinical advice, or make clinical decisions. All AI Output is generated to support, and does not replace, the independent clinical judgement of a registered health professional, and is provided to the Practitioner for review before any use with a Client.
Eligibility and Service Availability
Geographic Availability
The Service is currently available only to mental health practices operating in Australia. By creating an account, you confirm that your practice is based in Australia and that you will primarily use the Service for clients located in Australia.
To use the Service, you must:
- Be at least 18 years of age
- Be based in Australia and operating an Australian mental health practice
- Be a registered or licensed mental health professional or authorised staff of a mental health practice (for clinical features)
- Have the authority to bind yourself or your organisation to these Terms
- Comply with all applicable laws and regulations, including the Australian Privacy Act 1988, the Health Records Legislation and relevant professional registration requirements (e.g., AHPRA registration).
- Hold and maintain current professional registration (where required for your profession) and appropriate professional indemnity insurance covering your use of the Service
We may expand the Service to other countries in the future.
If you are located outside Australia and wish to be notified when the Service becomes available in your region, please contact us at ops@intersession.io.
Account Registration
- To access the Service, you must create an account. You agree to:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorised use
- Accept responsibility for all activities under your account
- We reserve the right to suspend or terminate accounts that violate these Terms.
Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the Service in violation of any applicable law or regulation
- Record sessions without proper consent from all parties
- Access the Service using another person’s credentials
- Attempt to gain unauthorised access to any part of the Service
- Use the Service to transmit malware or other harmful code
- Interfere with or disrupt the Service or servers
- Reverse engineer or attempt to extract the source code of the Service
- Use the Service to compete with InterSession
Fair Use Policy & Service Limits
InterSession offers "unlimited" features on certain subscription plans. These unlimited features are subject to fair use limits designed to ensure service quality for all users and prevent abuse.
Normal Clinical Use
Our limits are designed to accommodate normal clinical practice. Under typical usage patterns, you will never encounter these limits. Normal use includes recording and transcribing therapy sessions with clients, generating clinical notes, treatment plans and growth tasks for your clients, and managing your client caseload within the expected limits of your practice.
Service Limits
The following limits apply to protect service quality: individual session recordings are limited to 2 hours maximum; transcription minutes and AI generation calls are subject to generous monthly limits based on your plan (displayed in your account); and reasonable storage limits apply to uploaded files and resources. Specific limits are displayed in your organisation settings and reset monthly on your billing anniversary.
Abuse Prevention
The following activities are considered abuse and may result in account suspension or termination: using automated systems, bots or scripts to access the Service; sharing account credentials or allowing multiple users on a single-user plan; processing content that is not genuine clinical work; reselling or redistributing the Service or its outputs; deliberately attempting to circumvent usage limits; or using the Service in a way that degrades performance for other users.
Exceeding Limits
If you approach or exceed fair use limits, we will contact you to discuss your usage and, in most cases, work with you to find a suitable solution (such as upgrading, purchasing additional capacity, or adjusting usage). We reserve the right to throttle, suspend or terminate accounts that consistently exceed fair use limits or engage in abuse, and will provide reasonable notice before doing so except in cases of clear abuse where immediate action is necessary.
Client Consent
- You are solely responsible for obtaining appropriate consent from your clients before recording sessions using the Service. This includes:
- Informing clients that sessions will be recorded
- Explaining how recordings will be used and stored
- Obtaining written or documented consent as required by your jurisdiction and professional body
- Obtaining and documenting the Client’s informed consent, where required by applicable law,
professional standards or ethical obligations, to:
- the recording and transcription of sessions; and
- the collection, transmission, storage and use of the Client’s personal information and health information through the Service, including the Service’s AI-enabled transcription, summarisation and related features,
- Complying with your professional ethics codes regarding recording
- complying with all applicable privacy, health-information, surveillance-device, record-keeping and professional-obligation laws, regulations, codes and standards, including, where applicable, the Privacy Act 1988 (Cth), the Health Records Act 2001 (Vic), the Surveillance Devices Act 1999 (Vic) and analogous laws in the jurisdictions in which you and your Clients are located
- InterSession provides consent management tools to assist you, but the legal responsibility for obtaining valid consent remains with you. You must retain records of consent and make them available to InterSession on reasonable request.
Minor Clients
When using the Service for child, adolescent, or family therapy, you acknowledge additional responsibilities:
Parental consent
For clients under 15 years of age, you must obtain consent from a parent or legal guardian. For clients aged 15-17, you must assess their capacity to consent in accordance with your professional obligations, having regard to their maturity and understanding.
Parent-facing features
The Service includes features that generate summaries and materials for parents. You are responsible for determining when sharing information with parents is clinically appropriate, considering the child’s age, the nature of the information, family dynamics, and any safety concerns.
Mature minor considerations
For older adolescents who may have capacity to consent independently, you must use professional judgment regarding confidentiality and parental involvement.
Record retention
Records for minor clients may need to be retained until the child reaches 25 years of age under applicable health records legislation. You are responsible for maintaining appropriate records.
AI-Generated Content
- The Service uses artificial intelligence to generate clinical notes, growth tasks, treatment resources, session summaries, and other clinical documentation. You acknowledge and agree that:
AI Limitations
AI technology, while useful, has inherent limitations. AI-generated content may contain errors, omissions, or misinterpretations of session content. Accuracy can be affected by audio quality, accents, technical terminology, and contextual factors. No AI system achieves perfect accuracy.
Professional Review Required
All AI-generated clinical content, including session notes, growth tasks, treatment recommendations, and resources, is provided as a draft for professional review. You must review, verify, and where necessary edit all AI-generated content before:
- Adding it to a client’s clinical record
- Sharing it with clients, parents, or other parties
- Using it to inform treatment decisions
Clinical Responsibility
InterSession is a documentation tool, not a clinical decision-making system. AI-generated content does not constitute clinical advice, diagnosis, or professional judgment. You retain full professional responsibility for:
- The accuracy and appropriateness of all clinical documentation you finalise
- Treatment decisions informed by or derived from AI-generated content
- The suitability of growth tasks and resources for individual clients
- Compliance with your professional and ethical obligations
- By using AI-generated content in your clinical practice, you accept responsibility for that content as your own professional work product.
- You will use the Service only in accordance with these Terms, our Privacy Policy and any reasonable directions or usage guidance we provide.
Data Ownership and Rights
Your Data
You retain all rights to the clinical data and content you input into the Service. We do not claim ownership of your data.
Licence to Us
You grant us a limited licence to process your data solely to provide the Service to you, and to Sub-processors solely to the extent necessary to provide the Service. This licence terminates when you delete your data or close your account.
Our Service
We retain all rights to the Service, including our software, algorithms, and documentation. Nothing in these Terms transfers any intellectual property rights in the Service to you. We do not use your Clinical Data or Client Health Information to train our own or any third party’s general artificial intelligence models. Our AI Sub-processors process this data via their APIs under terms that do not permit training on it.
Free Trial
Trial Period
New accounts receive a 14-day free trial with access to Pro plan features. No payment information is required during the trial period.
After Trial
At the end of the trial period, your account will automatically revert to our Free plan unless you add a payment method and select a paid subscription. You will not be charged without your explicit consent.
Trial Limitations
We reserve the right to modify, limit, or discontinue trial offers at any time without notice.
Subscription and Payment
Free Plan
Our Free plan is free with limited features as described on our pricing page. The Free plan is available indefinitely at no cost.
Paid Plans
Paid subscriptions are billed monthly or annually as selected at the time of subscription. Payment is due at the beginning of each billing period. Prices are as displayed on our pricing page at the time you subscribe.
Currency and Taxes
All prices are in Australian dollars (AUD) unless otherwise specified. Prices are exclusive of GST, VAT, or other country-specific taxes, which will be added where applicable.
Upgrades
If you upgrade your plan mid-billing cycle, you will be charged a prorated amount for the remainder of your billing period.
Downgrades and Cancellation
You may downgrade or cancel your subscription at any time. Changes take effect at the end of your current billing period. We do not provide prorated refunds for downgrades or cancellations.
Price Changes
We reserve the right to change our prices at any time. We will provide at least 30 days notice before any price change takes effect. Price changes apply to the next billing period after notice. If you do not agree to a price change, you may cancel your subscription before the new prices take effect.
Non-Payment
If payment fails or your account becomes overdue, we may suspend access to paid features after 14 days. Your data will be retained indefinitely; we do not delete your clinical records due to non-payment. You will retain read-only access to your data, and full access will be restored upon payment of outstanding amounts.
Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information in accordance with the Australian Privacy Act 1988 and the Australian Privacy Principles, and the Health Records Legislation.
We are committed to protecting the privacy and security of health information processed through our platform. By using the Service, you acknowledge that:
- You have read and understood our Privacy Policy
- You consent to the collection and use of information as described
- You will comply with your own privacy obligations when using the Service
To provide realtime transcription, session audio is transmitted to third-party transcription providers. Soniox is our primary provider, and Deepgram may process audio as a backup when Soniox is unavailable or at capacity. These providers process data in the United States as described in our Privacy Policy.
AI Output is generated using OpenAI’s API in the United States. The Service also relies on other Sub-processors, including for application hosting (Singapore) and transactional email (Japan). Some of these Sub-processors are located overseas, and your use of the Service involves the disclosure of information to them. The Sub-processors, their locations and purposes are set out in our Privacy Policy. Your primary Clinical Data is stored on servers in Australia.
Geographic Availability
InterSession is currently available only to practitioners in Australia. We plan to expand to other countries, including the United States, in future.
If you are located outside Australia and interested in using InterSession, please contact us at ops@intersession.io to be notified when we launch in your region.
Australian Consumer Law
If you are a consumer within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), nothing in these Terms excludes, restricts, or modifies any consumer guarantees or other rights you may have under the Australian Consumer Law.
To the extent our liability cannot be excluded, our total liability to you is limited to resupplying the Services to you, or, at our option, paying the cost of having the Services resupplied.
Disclaimer of Warranties
Subject to your rights under the Australian Consumer Law, the Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not warrant the accuracy of AI-generated content, which must be reviewed by you before use in accordance with clauses 9 and 9A.
We use enterprise-grade infrastructure providers and endeavour to maintain high availability, but we do not guarantee uninterrupted service.
Limitation of Liability
To the maximum extent permitted by law (and subject to your rights under the Australian Consumer Law), InterSession shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability under the consumer guarantees in the Australian Consumer Law, liability for fraud, or liability for death or personal injury caused by our negligence.
Indemnification
You agree to indemnify, defend, and hold harmless InterSession and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:
- Your failure to obtain proper consent for recording sessions
- Your breach of client confidentiality or professional ethics obligations
- Clinical decisions you make based on or using AI-generated content
- Your violation of the Australian Privacy Act, the Health Records Legislation or other applicable laws in your handling of client data
- Your release of AI Output to a Client, parent, guardian or third party without review in accordance with clauses 9 and 9A
- Your violation of these Terms
- Your wilful misconduct or gross negligence in using the Service
This indemnification does not apply to claims arising primarily from InterSession’s negligence, wilful misconduct, or breach of these Terms. Each party is responsible for claims arising primarily from their own actions or failures.
Termination
Termination by InterSession
We may suspend or terminate your access to the Service:
- Immediately for serious violations of these Terms, illegal activity, or conduct that threatens the security of the Service or other users
- With 30 days notice for other reasons, including discontinuation of the Service
If we suspend or terminate your access, your data is not deleted. You will have the opportunity to export your data or request its deletion. We will provide reasonable assistance to help you retrieve your clinical records.
Account Closure by You
You may close your account at any time. Account closure requires confirmation (typing "DELETE") and results in immediate, permanent deletion of all your data. This action cannot be undone.
Important: Mental health professionals are typically required to retain clinical records for 7 years or longer. You are responsible for exporting any records you need before closing your account. InterSession is a clinical tool, not an archive of record; please maintain independent backups for compliance purposes.
Effect of Termination
Upon termination or account closure: your right to use the Service ceases; you remain responsible for any outstanding fees; and provisions that by their nature should survive (including indemnification, limitation of liability, and dispute resolution) will continue to apply.
Changes to Terms
We may modify these Terms from time to time. For any material changes, we will provide at least 30 days notice before the changes take effect. We will notify you by sending an email to the address associated with your account, posting a notice within the Service, and updating the "Last updated" date on this page and linking to the revised Terms.
Your continued use of the Service after the 30-day notice period constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you may close your account before the changes take effect.
Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, for any disputes arising from these Terms or the Service.
Before commencing any legal proceedings, you agree to first attempt to resolve any dispute by contacting us at ops@intersession.io. We will attempt to resolve the dispute informally within 30 days.
Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including natural disasters, acts of God, floods, fires, earthquakes; war, terrorism, civil unrest or armed conflict; pandemics, epidemics or public health emergencies; government actions, laws, regulations or embargoes; failure of third-party infrastructure (cloud providers, internet service providers, power grid); cyberattacks or security incidents affecting critical infrastructure; and labour disputes or strikes (not involving our employees).
If a force majeure event occurs, we will notify you as soon as reasonably practicable and make reasonable efforts to resume normal service. If the event continues for more than 60 days, either party may terminate the agreement by written notice without liability.
General Provisions
Entire Agreement
These Terms constitute the entire agreement between you and InterSession regarding the Service.
Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
No Waiver
Failure to enforce any provision does not waive our right to enforce it later.
Assignment
You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.
Contact
For questions about these Terms, contact us:
- Email: ops@intersession.io
- Support: jake@intersession.io and luke@intersession.io
- Contact form: intersession.io/contact
InterSession Group Pty Ltd
ABN 40 694 587 150 | ACN 694 587 150
Melbourne, Victoria, Australia