Terms and Conditions

Last updated: January 2, 2025

1. 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 regarding your use of the Service. Please read them carefully.

2. 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.

3. 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 and relevant professional registration requirements (e.g., AHPRA registration)

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 hello@intersession.io.

4. 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.

5. 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

6. 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
  • Complying with your professional ethics codes regarding recording
  • Meeting the requirements of the Australian Privacy Act 1988 for collecting health information

InterSession provides consent management tools to assist you, but the legal responsibility for obtaining valid consent remains with you.

7. AI-Generated Content

The Service uses artificial intelligence to generate transcriptions, clinical notes, and other content. You acknowledge and agree that:

  • AI-generated content is provided as a draft and requires your professional review
  • You are responsible for reviewing and editing all AI-generated content before use
  • AI-generated content does not constitute clinical advice or professional judgment
  • InterSession is not responsible for errors in AI-generated content that you do not correct

8. 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. 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.

9. Subscription and Payment

Free Plan: Our Starter plan is free with limited features as described on our pricing page.

Paid Plans: Paid subscriptions are billed monthly or annually as selected. Payment is due at the beginning of each billing period. All prices are in Australian dollars (AUD) unless otherwise specified.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. We do not provide prorated refunds for partial months.

Price Changes: We may change our prices with 30 days notice. Price changes apply to the next billing period after notice.

10. 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.

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

11. 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 hello@intersession.io to be notified when we launch in your region.

12. 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.

13. 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.

14. 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.

15. 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 arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your failure to obtain proper consent for recording
  • Your breach of the Australian Privacy Act or other applicable laws

16. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with notice. Upon termination:

  • Your right to use the Service immediately ceases
  • You remain responsible for any outstanding fees
  • Your data will be retained for 30 days to allow for export, then securely deleted

17. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by email or through the Service. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

18. 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 legal@intersession.io. We will attempt to resolve the dispute informally within 30 days.

19. 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 freely.

20. Contact

For questions about these Terms, contact us: