Terms of Service
These Terms of Service ("Terms") govern your access to and use of the PratixBI platform and website operated by PratixBI Pty Ltd ("PratixBI", "we", "us", or "our"). By using our platform, you agree to be bound by these Terms.
Last updated: 1 March 2025 · Governing law: New South Wales, Australia · Questions? Contact us
1. Definitions
In these Terms:
- "Platform" means the PratixBI software-as-a-service application, including all features, dashboards, reports, and APIs.
- "Customer" means the healthcare practice or entity that has subscribed to and is responsible for the account.
- "User" means any individual (practice owner, manager, or staff member) who accesses the Platform under a Customer's account.
- "Customer Data" means all data provided by or collected on behalf of a Customer through use of the Platform, including practice performance metrics.
- "Subscription Plan" means the tier (Clinic, Practice, or Group) to which the Customer has subscribed.
2. Access to the platform
Subject to your compliance with these Terms and payment of applicable fees, PratixBI grants you a limited, non-exclusive, non-transferable right to access and use the Platform during your subscription period for your internal business purposes.
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at support@pratixbi.com if you become aware of any unauthorised use of your account.
You may add Users to your account up to the limit included in your Subscription Plan. Each User must be an authorised employee or contractor of your practice.
3. Subscriptions and billing
3.1 Subscription plans
PratixBI offers subscription plans as described on our pricing page. Plan features and user limits are as specified at the time of subscription. We reserve the right to modify plan features with reasonable notice.
3.2 Payment
Fees are billed in advance on a monthly or annual basis (as selected). All fees are quoted and billed in Australian Dollars (AUD) and are inclusive of GST where applicable. Payment is processed securely through our payment provider.
3.3 Annual plans
Annual subscriptions are paid upfront and are not refundable except as required by Australian consumer law. Annual subscribers receive a discounted rate as displayed on our pricing page.
3.4 Price changes
We may change subscription prices with at least 30 days' written notice. Price changes will take effect at your next billing renewal date following the notice period.
3.5 Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for the remainder of the billing period after cancellation, except as required by law.
4. Acceptable use
You must not use the Platform to:
- Violate any applicable law or regulation, including the Privacy Act 1988 (Cth)
- Upload or transmit malicious code, viruses, or any other software intended to disrupt or damage the Platform
- Attempt to gain unauthorised access to any system, network, or account
- Resell, sublicense, or provide access to the Platform to third parties outside your authorised Users
- Reverse engineer, decompile, or attempt to extract the source code of the Platform
- Use the Platform in any way that places a disproportionate load on our infrastructure
- Use the Platform to process personal information in a manner inconsistent with the Australian Privacy Principles
Violation of this section may result in immediate suspension or termination of your account.
5. Data ownership
You retain all ownership of your Customer Data. By using the Platform, you grant PratixBI a limited licence to store, process, and display your Customer Data solely for the purpose of providing the Platform to you.
PratixBI will not use your Customer Data for any purpose other than providing and improving the services we provide to you. We will not sell, disclose, or share your Customer Data with third parties except as required to operate the Platform (e.g., cloud hosting) or as required by law.
Upon termination of your subscription, we will retain your Customer Data for 90 days, during which time you may request an export. After this period, your data will be securely deleted.
6. Intellectual property
PratixBI and its licensors own all intellectual property rights in the Platform, including all software, algorithms, designs, trademarks, and documentation. These Terms do not transfer any intellectual property rights to you.
You may not copy, reproduce, distribute, or create derivative works of any part of the Platform without our express written consent.
7. Confidentiality
Each party agrees to keep confidential any non-public information received from the other party in connection with these Terms and to use such information only for the purposes of these Terms. This obligation does not apply to information that: (a) is or becomes publicly known through no breach of these Terms; (b) was independently developed; or (c) must be disclosed by law.
PratixBI's confidentiality obligations with respect to Customer Data are additionally governed by our Privacy Policy and APPs Compliance statement.
8. Service availability
We aim to maintain Platform availability of 99.9% uptime measured on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance will be communicated in advance where possible.
We do not guarantee that the Platform will be error-free or uninterrupted. In the event of extended unplanned downtime affecting your access, please contact support@pratixbi.com.
We reserve the right to modify, suspend, or discontinue any aspect of the Platform with reasonable notice, except in cases of emergency or legal requirement.
9. Limitation of liability
To the maximum extent permitted by law, PratixBI's total liability to you for any claims arising under or in connection with these Terms is limited to the fees paid by you in the 3 months preceding the event giving rise to the claim.
PratixBI is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, even if we have been advised of the possibility of such damages.
Australian Consumer Law notice: Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded or limited. If the Australian Consumer Law applies to a supply made under these Terms, we limit our liability (to the extent permitted by that Act) to: (a) re-supplying the services; or (b) paying the cost of having the services re-supplied.
10. Termination
By you: You may cancel your subscription at any time as described in section 3.5. On cancellation, your access to the Platform will continue until the end of the current billing period.
By us: We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay fees when due, or if required by law. We will provide notice where circumstances permit.
Sections 5 (Data Ownership), 6 (Intellectual Property), 7 (Confidentiality), 9 (Limitation of Liability), and 12 (Governing Law) survive termination of these Terms.
11. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date and, for material changes, notify you by email at least 30 days before the changes take effect.
Your continued use of the Platform after updated Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you may cancel your subscription before they take effect.
12. Governing law and disputes
These Terms are governed by the laws of New South Wales, Australia. You and PratixBI submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising under or in connection with these Terms.
We encourage resolution of disputes through direct negotiation in the first instance. If a dispute cannot be resolved informally within 30 days, either party may pursue formal legal proceedings.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Questions about these Terms?
If you have any questions about these Terms of Service, please contact us.