1. 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 individual or entity accessing or using the Service.
- "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).
2. 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.
3. 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.
4. 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.
5. 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.
6. 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
7. 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 homework for your clients
- Managing your client caseload within the expected limits of your practice
Service Limits
The following limits apply to protect service quality:
- Recording length: Individual session recordings are limited to 2 hours maximum
- Transcription minutes: Generous monthly limits based on your plan (displayed in your account)
- AI generation calls: Generous monthly limits for note generation and AI features (displayed in your account)
- Storage: Reasonable storage limits for uploaded files and resources
Specific limits are displayed in your organisation settings. These limits 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 (e.g., transcribing non-clinical recordings to exploit the service)
- Reselling or redistributing the Service or its outputs
- Deliberately attempting to circumvent usage limits
- 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. In most cases, we can work with you to find a suitable solution, which may include:
- Upgrading to a higher-tier plan with increased limits
- Purchasing additional capacity
- Adjusting usage patterns
We reserve the right to throttle, suspend, or terminate accounts that consistently exceed fair use limits or engage in abuse. We will provide reasonable notice before taking such action, except in cases of clear abuse where immediate action is necessary.
8. 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.
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.
- 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.
9. AI-Generated Content
The Service uses artificial intelligence to generate clinical notes, homework 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, homework 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 homework 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.
10. 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.
11. 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.
12. 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.
13. 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
14. 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.
15. 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.
16. 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.
We use enterprise-grade infrastructure providers and endeavour to maintain high availability, but we do not guarantee uninterrupted service.
17. 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.
18. 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 or other applicable laws in your handling of client data
- 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.
19. 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
- Provisions that by their nature should survive (including indemnification, limitation of liability, and dispute resolution) will continue to apply
20. 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
- 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.
21. 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.
22. 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 but not limited to:
- 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
- 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.
23. 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.
24. Contact
For questions about these Terms, contact us:
- Email: legal@intersession.io
- Contact form: intersession.io/contact
InterSession Group Pty Ltd
ABN 40 694 587 150 | ACN 694 587 150
Melbourne, Victoria, Australia