Terms of Service

1. The agreement

These Terms form a binding agreement between Therapeutic Touch Mastery Pty Ltd (ABN 12 684 156 643, ACN 684 156 643), trading as Massage Mentor (Massage Mentor, we, us or our), and the person or organisation using the Service.

A Customer is the person or organisation that opens, purchases or controls a Massage Mentor account.

An Authorised User is a practitioner, receptionist, administrator, contractor or staff member permitted to use a Customer's account.

A Client is a patient or client whose information is handled through the Service.

The Service includes the Massage Mentor website, applications, practitioner portal, public links, booking, intake, record, treatment-support, clinic, payment, receipt, reporting and related features.

An Order is the checkout, plan-selection page, app-store order, written offer or other purchasing record describing the selected plan, price, billing interval, included seats and promotional terms.

By creating an account, accepting these Terms, purchasing a subscription or using the Service, a Customer or Authorised User agrees to these Terms.

A Client or other person using a public link is bound only by provisions reasonably relevant to that public use. They are not responsible for subscription or practitioner obligations.

If a person accepts for a company, clinic or other organisation, they warrant that they have authority to bind it.

2. Contract documents and priority

The agreement consists of:

1. the Order;
2. these Terms;
3. Schedule 1, Customer Data Handling Terms;
4. any expressly incorporated service or promotion terms;
5. Schedule 2, App Store Terms, where applicable; and
6. policies expressly identified as contractual.

If documents conflict, the earlier item in that list prevails for the specific conflict.

The Privacy Policy describes our personal-information handling but does not remove mandatory rights or obligations.

3. Eligibility and accounts

3.1 Eligibility

A Customer or professional Authorised User must:

• be at least 18 years old;
• be legally capable of entering the agreement;
• provide accurate registration information;
• hold any qualification, authority, registration, insurance or membership required for their work; and
• use the Service for lawful professional or business purposes.

We may request reasonable evidence of identity, authority, qualification or business status.

3.2 Account security

Users must:

• keep credentials confidential;
• not share individual accounts;
• use suitable device and email security;
• enable two-factor authentication where required or reasonably available;
• promptly update contact information;
• review account and clinic access regularly;
• remove access for departing personnel; and
• promptly notify us of suspected compromise, loss or unauthorised use.

The Customer is responsible for actions taken through its account to the extent caused by its failure to secure or administer the account. This does not make the Customer responsible for conduct caused by our breach or negligence.

4. Licence and Service scope

Subject to payment and compliance with these Terms, we grant the Customer and its Authorised Users a limited, non-exclusive, non-transferable right to access and use the Service for the Customer's internal professional practice during the subscription.

The licence does not transfer ownership of the Service or its content.

Features may differ by:

• platform or operating system;
• plan;
• clinic configuration;
• location;
• payment-provider approval;
• technical readiness; or
• staged release status.

A reference to a planned, preview or unavailable feature is not a promise that it will be released on a particular date.

We may provide trials, previews or beta functions. A beta feature may contain errors or change materially and should not be used for a care-critical purpose unless we expressly state that it is suitable for production clinical use.

5. Massage Mentor's role

Massage Mentor supplies software and professional decision-support content. It does not itself provide massage treatment or another health service to a Client.

We are not:

• the Client's treating practitioner;
• the practitioner's employer, partner or professional supervisor;
• an emergency service;
• a medical practitioner;
• a health fund or insurer;
• the merchant supplying the underlying treatment;
• a guarantor of payment or reimbursement; or
• a custodian holding Customer payment funds.

The health-service relationship is between the Client and the relevant practitioner or clinic.

6. Clinical decision support

6.1 Nature of the engine

The Service may use Client inputs, practitioner selections, contraindications, body regions, goals and session settings to filter and rank techniques, display cautions and generate a suggested treatment plan.

The current engine applies deterministic rules and evidence rankings. It is not a general-purpose generative AI system.

6.2 Practitioner responsibility

Every suggestion is informational decision support only.

The treating practitioner must:

• independently assess the Client;
• confirm the accuracy and completeness of relevant information;
• identify contraindications, red flags and scope limitations;
• consider medical history, medications, preferences and current presentation;
• obtain informed and ongoing consent;
• review the basis and suitability of every suggestion;
• modify or reject any output that is inappropriate;
• stop treatment or refer the Client where indicated; and
• document the final decision and treatment accurately.

The practitioner must never allow the Service to replace or primarily direct independent professional judgment.

6.3 Limitations

The Service does not:

• diagnose a condition;
• prescribe treatment;
• guarantee clinical suitability or safety;
• identify every contraindication or interaction;
• replace an examination, consent discussion or referral;
• guarantee that evidence or content is complete or current;
• guarantee treatment results;
• provide emergency assessment; or
• replace applicable professional standards.

In an emergency, users must contact emergency services, including calling 000 in Australia.

6.4 Regulated use

The Service is intended for use by appropriately qualified professionals who can independently review its inputs, logic and suggestions.

Unless we expressly confirm otherwise in writing, no representation is made that the Service is authorised for a regulated medical-device purpose. Users must not use it for a purpose requiring regulatory inclusion, approval or authorisation that has not been obtained.

Nothing in this clause transfers or excludes a regulatory duty that law places on Massage Mentor as developer, manufacturer, sponsor or supplier.

6.5 Educational material

Technique descriptions, evidence rankings, videos and other content are general professional information. They are not accreditation, continuing-professional-development certification or a substitute for training, supervision or source review.

7. Customer professional obligations

The Customer is solely responsible for the health services it supplies.

It must:

• work within lawful scope and competence;
• maintain appropriate qualifications and professional insurance;
• comply with professional codes and association requirements;
• obtain informed treatment consent;
• obtain guardian authority or assess a young person's capacity where required;
• undertake appropriate screening and referrals;
• keep accurate and legally adequate records;
• comply with health, privacy, advertising and consumer law;
• issue accurate invoices and receipts;
• use provider, Medicare, health-fund and workers-compensation information lawfully; and
• maintain appropriate business continuity and record-access arrangements.

Massage Mentor does not warrant that using the Service alone satisfies every professional or recordkeeping obligation.

8. Clients and public links

A public booking or intake submission may be a request rather than a confirmed appointment. The practice determines acceptance, availability, service terms, cancellation charges and refunds for the underlying treatment.

A Client using a public feature must:

• provide information that is accurate to the best of their knowledge;
• not impersonate another person;
• use private links only with authority;
• avoid forwarding a confidential or single-use link;
• involve a parent or guardian where required; and
• contact the practitioner directly if symptoms change or urgent assistance is needed.

Information submitted through a booking, intake, payment, feedback or outcome link is made available to the relevant practice.

Massage Mentor is not responsible for the clinical service, advice, cancellation policy, refund decision, treatment outcome or conduct of the practitioner, except to the extent liability arises from our own conduct and cannot lawfully be excluded.

9. Clinic accounts

9.1 Account Owner

The clinic's Account Owner is responsible for:

• inviting members;
• assigning practitioner, administrator and reception roles;
• configuring calendar and record visibility;
• reviewing permissions;
• suspending or removing users;
• deciding whether existing private Clients are shared into the clinic;
• managing subscription seats; and
• ensuring clinic members are authorised to handle Client information.

9.2 Access

Depending on configuration:

• owners and administrators may access clinic calendars, members, availability and outcome reports;
• practitioners may access their own and authorised clinic-shared records;
• receptionists may access Client identity, contact and scheduling information;
• clinic reports may contain outcomes, ratings, rebooking and practitioner attribution; and
• revenue information may be restricted to the owner.

The Customer must examine the permissions displayed in the Service and must not rely solely on a role name.

9.3 Joining or leaving a clinic

Where a practitioner expressly elects to share or adopt existing Clients into a clinic, those records may become available to authorised clinic members.

When a user leaves:

• access may be removed or restricted;
• lawful clinic records may remain with the clinic;
• clinical records are not automatically transferred to the departing practitioner;
• retention obligations continue; and
• competing custody or ownership claims must be resolved by the parties under applicable law.

We may temporarily restrict transfers while a genuine authority or record-custody dispute is investigated.

10. Customer Data

10.1 Ownership

As between the parties, the Customer retains its rights in information it lawfully enters or imports, including Client Records (Customer Data).

Massage Mentor retains ownership of the Service, software, body-map interface, treatment engine, evidence catalogue, content, branding and documentation.

10.2 Limited permission

The Customer grants us a limited right to host, copy, transmit, synchronise, display, format, secure, back up where applicable, support and otherwise process Customer Data only to:

• provide and administer the Service;
• follow lawful Customer instructions;
• secure the Service;
• prevent misuse;
• comply with law; and
• exercise rights under the agreement.

This right lasts only as long as required for those purposes and applicable retention obligations.

10.3 Customer authority

The Customer warrants that it has the necessary authority to:

• collect and enter Customer Data;
• import records and selected contacts;
• disclose records to authorised clinic users;
• send reminders and outcome requests;
• create calendar events;
• issue receipts;
• request payment; and
• instruct us to process the information.

The Customer must not enter unnecessary sensitive information, another person's account credentials, full card data, unrelated identity documents or unlawfully obtained information.

10.4 No sale, advertising or general-model training

We will not:

• sell Client Records;
• disclose them for third-party behavioural advertising; or
• use identifiable Customer Data to train a publicly available or general-purpose generative AI model,

unless a materially different arrangement is separately disclosed and lawfully authorised.

We may use genuine de-identified aggregate information where re-identification is not reasonably likely.

11. Contacts, calendars, dictation and notifications

11.1 Contacts

A contact import may read the device address book locally to present choices and upload selected names, email addresses and phone numbers.

The user must have authority to import and contact each selected person.

11.2 Calendar

Calendar export may place a Client or appointment label and appointment notes into the device calendar. That calendar may sync to Google, Apple, Microsoft or another provider and may be visible on other devices.

The Customer must decide what level of detail is appropriate and secure the calendar account.

11.3 Dictation

Dictation uses platform speech-recognition services. Apple, Google or another provider may process audio under its own terms. Massage Mentor does not intentionally retain the raw dictation recording, but a saved transcript becomes Customer Data.

The user must review the transcript for accuracy before saving or relying on it.

11.4 Notifications

Local or operating-system notifications may display Client or appointment information on a lock screen. The Customer must configure the device to an appropriate privacy level.

11.5 Exports and sharing

Once a user sends a record, receipt, payment link or export to another application, recipient or printer, that destination controls its copy. The user is responsible for selecting an authorised recipient and secure method.

12. Subscriptions and trials

12.1 Trial

Unless the relevant offer states otherwise, the currently advertised trial lasts seven calendar days, does not require a card and does not automatically charge the Customer.

Continued paid access requires an affirmative subscription purchase.

We may limit trials to one per person, business, practice, clinic or related group and may end a trial obtained through fraud or repeated registration.

12.2 Orders and pricing

The Order identifies:

• plan;
• included features and seats;
• billing interval;
• currency;
• recurring price;
• applicable tax;
• trial or promotion;
• renewal timing; and
• additional seat or add-on charges.

Prices are in Australian dollars unless the Order states otherwise.

GST will be charged only where legally applicable and will be clearly identified before purchase. Customers remain responsible for their own tax obligations.

12.3 Automatic renewal

Monthly and annual subscriptions renew automatically for another equivalent billing period until cancelled.

Before purchase, we will clearly disclose the recurring amount, billing frequency and renewal arrangement. The Customer authorises Stripe or the applicable app store to charge the chosen payment method at each renewal.

12.4 Annual subscriptions

An annual subscription is prepaid for a 12-month period.

"Cancel anytime" means the Customer may stop the next renewal at any time. It does not mean each annual subscription is month-to-month or that the unused portion is automatically refundable.

Unless law, the first-payment guarantee or another written offer requires otherwise:

• cancellation takes effect at the end of the paid annual period;
• access continues until then; and
• unused time is not refunded.

12.5 Cancellation

The Account Owner may cancel through the billing portal or another account method provided. If that method is unavailable, cancellation may be requested through support@massagementor.com.au.

Cancellation is effective when recorded or confirmed by us. The Customer should retain confirmation.

We will not require a Customer who subscribed online to use an unnecessarily difficult offline cancellation process.

12.6 Fourteen-day first-payment guarantee

Where the offer includes our 14-day money-back guarantee, a Customer may request cancellation and refund of its first paid subscription charge within 14 calendar days after that charge.

The guarantee:

• applies once per Customer and related business;
• does not apply to later renewals;
• does not refund Stripe payment-processing, chargeback, third-party or Client-transaction amounts;
• is subject to fraud and abuse checks; and
• does not limit mandatory Australian Consumer Law rights.

We will refund an eligible amount to the original payment method where practicable.

12.7 Promotional price guarantees

If the Order or public offer on which the Customer reasonably relied expressly states "no rate rise later", "lifetime price lock" or equivalent without a stated expiry, the following price guarantee applies:

• the base recurring subscription fee for the same plan, billing interval and included-seat bundle will not increase while that subscription remains continuously active;
• a brief payment failure promptly corrected by the Customer does not by itself break continuity;
• the guarantee does not freeze GST or other taxes, additional seats, add-ons, payment-processing fees, app-store charges, currency conversion or separately priced future services; and
• the guarantee ends if the Customer voluntarily cancels and later re-subscribes, changes plan or billing interval, or accepts a replacement price arrangement.

Where a promotion expressly states a limited price-lock period, that stated period applies.

For subscriptions without a promotional guarantee, we may change the recurring price on at least 30 days' advance notice, effective no earlier than the next renewal. A Customer may cancel before the new price takes effect.

12.8 Additional seats and plan changes

Additional users, practitioner seats or add-ons may be charged as disclosed before confirmation.

Upgrades, downgrades and seat changes may result in immediate, prorated or next-renewal charges as clearly shown before the change is accepted.

A downgrade may reduce access to features or seats at the next renewal. The Customer must export information or change user access before the downgrade where necessary.

12.9 Failed payments

If payment fails, we may:

• retry the payment;
• request an updated method;
• restrict creation or editing;
• place the account into limited or read-only access where available; or
• suspend the account after reasonable notice.

We will consider lawful record-access and export needs before permanently removing access.

13. Client payments and Stripe Connect

Where enabled, Massage Mentor facilitates payments from Clients to the relevant practitioner or clinic through Stripe.

13.1 Merchant relationship

The practitioner or clinic is the merchant supplying the treatment and is responsible for:

• prices;
• service delivery;
• payment descriptions;
• cancellation charges;
• refunds;
• disputes and chargebacks;
• receipts and invoices;
• taxes and GST treatment;
• provider details; and
• compliance with payment, health and consumer law.

Massage Mentor is not the supplier of the treatment.

13.2 Stripe terms and verification

A Customer using Stripe Connect, Checkout, Terminal or Tap to Pay must comply with the applicable Stripe Services Agreement and connected-account terms.

Stripe may require identity, business, banking and location information and may reject, delay, reserve, reverse or suspend a payment or connected account.

13.3 Settlement and fees

Client funds are intended to settle through Stripe to the practitioner's connected account. Massage Mentor does not hold those funds as a deposit-taking institution, trust account or escrow service.

Stripe processing fees and any Massage Mentor application fee will be disclosed through the applicable payment arrangement. Stripe may deduct refunds, disputes, reserves and fees from settlement.

13.4 No payment or rebate guarantee

We do not guarantee:

• payment approval;
• settlement time;
• recovery of a charge;
• health-fund acceptance;
• insurer reimbursement;
• Medicare eligibility;
• the accuracy of information supplied by the Customer; or
• availability of Stripe or a terminal.

14. Acceptable use

Users must not:

• use the Service unlawfully or outside authorised professional purposes;
• access another Customer's records;
• share credentials or defeat access controls;
• impersonate another person;
• use a public link without authority;
• collect or disclose Client information without authority;
• use Client contact information for unlawful marketing;
• enter malicious code, malware or destructive material;
• interfere with availability or impose unreasonable load;
• probe or exploit vulnerabilities without written authorisation;
• bypass limits, authentication, subscriptions or payment controls;
• scrape or systematically extract the Service or evidence catalogue;
• reverse engineer except where a right cannot lawfully be excluded;
• copy or republish protected content beyond the licence;
• make misleading clinical, accreditation or reimbursement claims;
• use output to replace professional judgment;
• use the Service for discrimination, harassment or serious privacy invasion;
• re-identify de-identified information; or
• use Customer Data to train an external AI system without lawful authority.

Good-faith security concerns should be reported privately to support@massagementor.com.au.

15. Intellectual property

Massage Mentor and its licensors own all rights in:

• software and source code;
• interfaces and visual design;
• the three-dimensional body interface;
• treatment logic and evidence-ranking systems;
• technique descriptions and catalogue structure;
• documentation;
• trademarks and branding; and
• original Service content.

The Customer may use Service outputs internally in its lawful clinical practice but may not reproduce the Service, create a competing catalogue or engine from it, resell access or remove proprietary notices.

Third-party content, including YouTube videos and research materials, remains subject to the relevant owner's rights and terms.

16. Product feedback

A user may provide suggestions, error reports or feedback about the Service.

The user must not include identifiable Client information unless necessary and authorised.

We may use non-confidential product feedback without restriction to improve or promote the Service. This does not give us permission to publish Client Records, confidential clinical information or the Customer's branding.

17. Confidentiality

Each party must protect the other party's non-public confidential information using reasonable care and use it only for the agreement.

Confidentiality does not apply to information that:

• is public without breach;
• was lawfully known without restriction;
• is independently developed;
• is received lawfully from another source; or
• must be disclosed by law.

Where legally permitted, the disclosing party will be given reasonable notice of compelled disclosure.

These obligations survive termination.

18. Privacy and security

Our handling of personal information is described in the Privacy Policy and Schedule 1.

The Customer must:

• give required collection notices;
• obtain required consent;
• minimise information;
• manage clinic permissions;
• secure devices and exports;
• respond to Client requests;
• notify us promptly of suspected compromise; and
• cooperate with incident assessment and notification.

We will take reasonable steps required by applicable privacy law. No system is completely secure, and these Terms do not guarantee that an incident or data loss can never occur.

19. Third-party services

The Service may interoperate with Stripe, Apple, Google, YouTube, device calendars, speech services, app stores and sharing applications.

Third-party services:

• operate under their own terms and privacy policies;
• may change or discontinue their services;
• may be unavailable;
• may process information overseas; and
• may make decisions outside our control.

We are not responsible for a third party's independent conduct, except to the extent our selection, configuration or handling creates liability that cannot lawfully be excluded.

20. Availability, maintenance and changes

We will supply the Service with due care and skill as required by applicable law.

The Service may nevertheless be interrupted by:

• maintenance;
• updates;
• network or device failure;
• provider outages;
• urgent security work;
• force majeure;
• data synchronisation;
• payment-provider action; or
• circumstances outside reasonable control.

We do not guarantee uninterrupted, error-free or real-time operation.

We may update the Service to improve it, address security, comply with law or retire obsolete functionality. We will provide reasonable notice where a change materially removes a core paid feature, unless urgent legal or security action is required.

If a material change substantially reduces a prepaid Service and no reasonable substitute is provided, the Customer may cancel and request a proportionate refund of the unused prepaid period.

21. Offline access, synchronisation and continuity

The mobile app may hold an offline or local-first copy of authorised records.

The Customer acknowledges that:

• local information may not be current until synchronisation completes;
• simultaneous edits can result in delay, conflict or duplication;
• internet access is required for many functions;
• signing out may not immediately erase all local data;
• downloaded or exported files are outside our control; and
• device loss or insecure calendars and notifications create privacy risk.

Customers should periodically verify synchronisation and make appropriate authorised exports for business continuity and legal record access.

22. Suspension

We may proportionately restrict or suspend access where reasonably necessary because of:

• overdue payment;
• a material breach;
• suspected fraud or unauthorised access;
• a security or privacy risk;
• unlawful activity;
• risk to Clients or another person;
• misuse affecting other users or infrastructure;
• a legal or regulatory requirement; or
• a third-party provider restriction.

Except where urgent action is required, we will give notice and a reasonable opportunity to remedy the issue.

Urgent suspension will be limited to what is reasonably necessary. We will provide a contact path for review.

23. Termination

The Customer may terminate by cancelling its subscription.

We may terminate:

• for an unremedied material breach after reasonable notice;
• immediately for serious fraud, illegality, security compromise or danger;
• where continued supply becomes unlawful; or
• for convenience on reasonable advance notice, with a proportionate refund of unused prepaid fees.

Termination does not affect accrued rights, payment obligations or mandatory remedies.

24. Records after termination

Before termination, the Customer should use available export functions.

Following termination:

• subscription features may become read-only, restricted or unavailable;
• we will provide a reasonable export or support-assisted access opportunity where technically available and legally appropriate;
• cancellation will not automatically delete Client health records;
• health, tax, payment, dispute and legal retention obligations continue;
• Customer Data may be archived, restricted, returned, de-identified or deleted under Schedule 1 and the Privacy Policy; and
• local and exported copies remain the Customer's responsibility.

25. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies a guarantee, warranty, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law (ACL).

Where a statutory guarantee applies, available remedies depend on the law and whether a failure is major.

Where services are not ordinarily acquired for personal, domestic or household use, and it is fair and reasonable to do so, our liability for failure to comply with a statutory guarantee is limited, at our option, to:

• supplying the services again; or
• paying the reasonable cost of having them supplied again.

This limitation does not apply where section 64A of the ACL does not permit it.

26. Other warranties and disclaimers

Subject to mandatory law:

• the Service is supplied on an "as available" basis;
• we do not warrant uninterrupted or error-free operation;
• outputs depend on information supplied by users;
• evidence and third-party content may be incomplete or become outdated;
• we do not guarantee treatment, business, revenue, booking or health outcomes;
• we do not guarantee health-fund or insurer acceptance;
• we do not warrant third-party services; and
• the Customer remains responsible for clinical judgment and professional compliance.

These disclaimers do not exclude our obligation to exercise due care and skill or liability that cannot lawfully be excluded.

27. Liability

27.1 Excluded loss

To the maximum extent permitted by law, neither party is liable for indirect, special, exemplary or punitive loss, or loss of profit, revenue, goodwill or opportunity, except where such loss is a direct and reasonably foreseeable consequence for which liability cannot fairly or lawfully be excluded.

The exclusion does not automatically exclude the direct, reasonable cost of restoring Customer Data caused by our breach.

27.2 General cap

Subject to clause 27.4, our aggregate liability arising from events in any 12-month period is limited to the greater of:

• fees paid or payable by the Customer for the Service during the preceding 12 months; and
• A$1,000.

27.3 Privacy and confidentiality cap

For liability caused by our breach of Schedule 1 or clause 17, the cap is twice the general cap.

27.4 Exclusions from caps

The exclusions and caps do not apply to the extent liability arises from:

• fraud or wilful misconduct;
• death or personal injury caused by negligence;
• a liability that cannot lawfully be excluded or limited; or
• an express remedy that the ACL requires.

27.5 Customer professional services

We are not liable for a Client claim to the extent it is caused by:

• treatment supplied by the Customer;
• the Customer's clinical decision;
• failure to obtain informed consent;
• conduct outside scope or competence;
• inaccurate Customer-entered information;
• unlawful practice or advertising; or
• failure to act on an evident safety concern.

Liability will be reduced to reflect the claimant's own acts, omissions or failure to mitigate loss.

28. Customer indemnity

The Customer indemnifies Massage Mentor against a third-party claim to the extent caused by:

• the Customer's treatment or other professional service;
• unlawful collection, import, use or disclosure of information;
• failure to obtain necessary consent or authority;
• Customer Data infringing another person's rights;
• inaccurate receipts, provider details, tax treatment or payment instructions;
• breach of professional obligations; or
• the Customer's negligent, fraudulent or unlawful conduct.

The indemnity does not apply to the extent the claim is caused by our breach, negligence, fraud or wilful misconduct.

We must give reasonable notice of a claim and allow the Customer reasonable participation in its defence. The Customer may not settle a claim in a way that admits wrongdoing by us or imposes obligations on us without consent, not to be unreasonably withheld.

29. Intellectual-property claims

If a third party alleges that the unmodified Service infringes Australian intellectual-property rights, we may:

• defend or settle the claim;
• obtain a continued right of use;
• modify or replace the affected component; or
• terminate the affected Service and refund an appropriate unused prepaid amount.

This does not apply to claims caused by Customer Data, unauthorised modification, prohibited use or combination with material we did not supply.

30. Disputes

A party should first provide written details of a dispute to support@massagementor.com.au.

The parties will attempt good-faith resolution through authorised representatives. If unresolved, either party may propose mediation in Melbourne through the Resolution Institute or another agreed mediator.

Each party bears its own preparation costs and shares the mediator's fee equally unless agreed otherwise.

Nothing prevents:

• urgent court relief;
• a small-claims proceeding;
• an ACL remedy;
• a privacy or regulatory complaint; or
• another right that cannot lawfully be restricted.

31. Changes to these Terms

We may change these Terms to address:

• legal or regulatory requirements;
• security or misuse;
• Service changes;
• third-party requirements; or
• reasonable commercial needs.

We will give at least 30 days' notice of a material adverse change unless urgent legal or security action requires earlier effect.

If a material change substantially disadvantages a Customer during a prepaid period, the Customer may cancel before it takes effect and request a proportionate refund of unused prepaid fees.

A Terms update is not consent to an unrelated new use of sensitive information. Price changes remain governed by clause 12.7.

32. Notices

We may give notices through:

• the account email;
• an in-app or portal message;
• the website; or
• another contact method supplied by the Customer.

The Customer must keep its account email current.

Legal, privacy and security notices to us should be sent to:

Therapeutic Touch Mastery Pty Ltd

Hampton Park VIC 3976, Australia

support@massagementor.com.au

33. General terms

• Governing law: Victoria, Australia. Courts in Victoria have non-exclusive jurisdiction, subject to mandatory rights elsewhere.
• Assignment: The Customer may not assign the agreement without consent, not to be unreasonably withheld. We may assign it as part of a genuine restructure, financing or business transfer if the assignee assumes our obligations and the transfer does not materially reduce Customer rights.
• Subcontracting: We may use subcontractors but remain responsible for obligations the law or agreement places on us.
• Force majeure: Neither party is liable for delay caused by circumstances beyond reasonable control, but this does not excuse amounts already due or mandatory consumer remedies.
• Relationship: The parties are independent contractors. Nothing creates employment, agency, partnership, fiduciary or professional-supervision relationships.
• Severability: An invalid provision is severed or read down only as necessary.
• Waiver: A delay in enforcing a right is not a waiver.
• Entire agreement: The contract documents contain the agreement about the Service and replace earlier representations on the same subject, except that this does not exclude liability for misleading conduct.
• Survival: Payment, confidentiality, intellectual property, data retention, liability, indemnity, disputes and provisions intended by nature to continue survive termination.

Schedule 1 - Customer Data Handling Terms

1. Scope

This Schedule applies when Massage Mentor handles Customer Data for a Customer.

It supplements the Privacy Policy and does not remove any independent obligation that either party has under the Privacy Act, health-records legislation or another law.

2. Processing instructions

The Customer determines the clinical purposes for which Client Records are entered and used.

Massage Mentor may process Customer Data only:

• to provide and support the Service;
• on lawful Customer instructions;
• for authentication, security, billing, fraud prevention and administration;
• to comply with law; or
• as otherwise expressly permitted by the agreement.

We will notify the Customer if an instruction appears unlawful where reasonably practicable, unless law prevents notice.

3. Data and individuals

Customer Data may concern:

• Clients, including adults and minors;
• practitioners;
• clinic owners and staff;
• receptionists;
• referrers and emergency contacts; and
• payers or authorised representatives.

It may include:

• identity and contact details;
• sensitive health and treatment information;
• booking and calendar information;
• consent and outcome data;
• government-related identifiers;
• invoices and payment metadata;
• staff roles and audit records; and
• imported information.

Processing may include collection, recording, organisation, storage, synchronisation, consultation, use, generation of decision-support outputs, communication, export, restriction, return, de-identification and deletion.

4. Massage Mentor commitments

Massage Mentor will:

• limit handling to the purposes above;
• require appropriate confidentiality from personnel with access;
• apply reasonable technical and organisational security measures;
• limit access according to legitimate role and purpose;
• not sell Client Records or use them for behavioural advertising;
• not use identifiable Customer Data to train a public or general-purpose generative AI model;
• assist reasonably with access, correction and lawful deletion requests;
• assist reasonably with privacy impact, regulatory and breach inquiries relevant to the Service;
• maintain information about material service providers and overseas locations;
• assess and notify eligible data breaches as required by law; and
• return, restrict, de-identify or delete information according to lawful instructions and retention duties.

5. Service providers

We may engage providers for hosting, email, authentication, payments, security, media and support.

We will:

• perform proportionate provider diligence;
• require relevant confidentiality and data-protection commitments where reasonably available;
• restrict provider access to the service supplied;
• remain responsible to the extent required by law; and
• provide reasonable notice of a materially new provider where practicable.

A Customer with a reasonable privacy objection may raise it promptly. The parties will attempt a practical resolution, which may include configuration changes or cancellation before the new provider materially processes Customer Data.

6. Overseas handling

The Customer acknowledges that current providers process information in the United States and potentially other countries identified in the Privacy Policy.

This acknowledgment is not intended to waive Massage Mentor's APP 8 obligations.

7. Customer responsibilities

The Customer must:

• have authority for every collection, import, instruction and disclosure;
• provide legally adequate notices;
• obtain required consent;
• collect only reasonably necessary information;
• configure and review clinic access;
• maintain accurate records;
• secure devices, accounts, calendars, notifications and exports;
• respond to Clients;
• provide information reasonably needed for incident assessment; and
• instruct retention or deletion consistently with applicable law.

8. Security incidents

Each party must notify the other without undue delay after becoming aware of a credible security incident affecting Customer Data and relevant to the other party's obligations.

Massage Mentor will provide available information reasonably necessary to understand:

• the nature of the incident;
• affected information and people;
• containment and remediation;
• likely consequences; and
• required notices.

The parties will coordinate communications. Neither party may prevent the other from making a notification legally required of it.

9. Access and correction assistance

Where Massage Mentor receives a request primarily concerning a Customer's clinical record, it may refer or coordinate the request with that Customer.

We will provide reasonable technical assistance, subject to identity verification, confidentiality, law and the rights of other Customers.

10. Return, retention and deletion

On termination or lawful request, we will make available reasonable export or return options where technically available.

We may retain information where required for:

• health-record retention;
• tax and corporate records;
• payment disputes;
• fraud and security;
• litigation or legal holds;
• limitation periods; or
• restricted backup cycles.

After applicable periods expire, we will take reasonable steps to destroy or genuinely de-identify the information.

Cancellation alone is not an instruction to destroy Client health records.

11. Compliance information

On reasonable request, we may provide:

• current security and privacy summaries;
• relevant provider information;
• completed security questionnaires;
• applicable independent assessment material, if available; and
• information reasonably needed for a Customer's compliance obligations.

Unless an incident or regulator requires otherwise, intrusive audits are limited to once in a 12-month period, during business hours and under confidentiality protections. An audit must not expose another customer's information, source code, security credentials or exploitable vulnerability details.

Schedule 2 - App Store Terms

1. General

Where the application is obtained through Apple's App Store or Google Play, the store's mandatory terms also apply.

If these Terms conflict with a mandatory store rule, that rule controls only to the extent of the conflict.

2. Apple terms

For an Apple-distributed application:

• the agreement is between the user and Massage Mentor, not Apple;
• the licence is limited to use on Apple-branded products permitted by Apple's usage rules and Family Sharing or volume-purchase rules where applicable;
• Massage Mentor, not Apple, is responsible for maintenance and support;
• Apple has no obligation to provide support;
• Massage Mentor is responsible for claims relating to the application, including product, legal, privacy and intellectual-property claims, subject to these Terms and applicable law;
• if the application fails to conform to an applicable warranty, the user may notify Apple and Apple may refund the purchase price paid through Apple, if any, as provided by Apple's rules;
• the user must comply with applicable third-party terms; and
• Apple and its subsidiaries are third-party beneficiaries entitled to enforce these App Store provisions.

3. Google Play terms

For a Google Play-distributed application:

• the agreement is between the user and Massage Mentor;
• Google is not responsible for the Service, support or claims except as its own terms require;
• purchases and refunds processed by Google are subject to Google Play billing rules; and
• the user must comply with Google Play and applicable third-party terms.

4. Export and sanctions compliance

The user must not access or use the application in violation of applicable export-control, sanctions or trade laws.