Terms of Service

Olyva provides an AI-powered voice receptionist that handles routine administrative call tasks on the Customer's behalf — such as answering calls, booking, rescheduling, cancelling and confirming appointments, answering general clinic enquiries, and routing or escalating calls.

The Service is an administrative tool only. It does not provide clinical services, medical advice, diagnosis, triage, or treatment recommendations. The Customer remains solely responsible for all clinical care and clinical decisions.

The Service uses artificial intelligence and third-party voice technology. The Customer acknowledges and agrees that:

• AI systems can make mistakes. The Service may mishear, misinterpret, misclassify, or incorrectly action a request, and outputs are not guaranteed to be accurate, complete, or error-free.
• The Customer must maintain human oversight and escalation paths, and is responsible for reviewing and confirming bookings and other actions where accuracy matters.
• The Service is not designed for, and must not be relied on for, medical emergencies, urgent clinical triage, or time-critical health situations. The Customer is responsible for configuring its call flows so that callers with an emergency are directed to call 000 (or attend the nearest emergency department), and for maintaining a means for callers to reach a human.
• Olyva is not responsible for clinical outcomes or for decisions the Customer makes in reliance on the Service.

The Customer is responsible for its account, for the acts and omissions of its Authorised Users, and for keeping login credentials secure. The Customer must notify Olyva promptly of any suspected unauthorised access.

The Customer must:

• use the Service only for lawful, administrative purposes consistent with these Terms;
• retain responsibility for all clinical care, supervision, and human escalation;
• provide accurate clinic configuration (opening hours, appointment types, rules) and keep it current;
• ensure its staff are appropriately informed about the Service; and
• comply with all laws applicable to the Customer as a healthcare provider, including privacy and health-records laws.

The Customer is the custodian of its patients' information. Olyva handles patient personal and health information on the Customer's behalf, as a service provider, to deliver the Service. Olyva's handling of personal information is described in the Privacy Policy, which forms part of these Terms.

The Customer warrants that it has all necessary rights, authority, and consents (or another lawful basis) to:

• collect and provide the patient information used in the Service;
• connect its PMS to the Service and allow Olyva to access the relevant data; and
• have an AI system handle patient calls on its behalf, including any patient notifications or disclosures required for that purpose.

Each party will comply with its obligations under the Privacy Act 1988 (Cth), the Australian Privacy Principles, and applicable State and Territory health-records laws. Olyva will take reasonable steps to keep patient information stored and processed within Australia as described in the Privacy Policy; where any cross-border processing occurs, it is handled in accordance with that policy.

Each party is responsible for meeting its own obligations under the Notifiable Data Breaches scheme. Nothing in these Terms prevents either party from making a disclosure or notification required by law.

The Service integrates with the Customer's PMS and relies on third-party providers (including telephony, voice, and cloud-infrastructure providers). The Customer:

• must maintain its own valid PMS licence and any credentials required for the integration, and authorises Olyva to connect to its PMS for the purpose of providing the Service; and
• acknowledges that the Service depends on third-party services Olyva does not control, and that interruptions or changes to those services may affect the Service.

Olyva is not responsible for the Customer's PMS, the Customer's telephony arrangements, or other third-party products the Customer procures directly.

The Customer must not, and must ensure its Authorised Users do not:

• use the Service other than as a routine administrative call tool;
• input or transmit data the Customer is not authorised to share;
• use the Service for emergency or time-critical clinical situations without appropriate human escalation;
• attempt to reverse engineer, copy, resell, or interfere with the Service or its security; or
• use the Service in breach of any law or in a way that could damage or overload it.

Olyva will use reasonable efforts to keep the Service available and to provide support. The Customer acknowledges the Service is not guaranteed to be available without interruption or error, and that planned maintenance, third-party outages, and factors beyond Olyva's control may affect availability.

Olyva may modify, improve, or change features of the Service from time to time, provided it does not materially reduce core functionality during a paid term.

Olyva (and its licensors) own all intellectual property rights in the Service. Subject to these Terms and payment of fees, Olyva grants the Customer a non-exclusive, non-transferable right to access and use the Service during the term.

As between the parties, the Customer owns its Customer Data. The Customer grants Olyva the rights needed to host, process, and use Customer Data to provide and support the Service, and to create de-identified data for service improvement and analytics.

If the Customer provides feedback or suggestions, Olyva may use them without restriction.

Each party may receive confidential information of the other. The receiving party must keep it confidential, use it only for the purposes of these Terms, and protect it with reasonable care. This does not apply to information that is public (other than through breach), independently developed, or required to be disclosed by law.

Olyva may suspend the Service, in whole or part, if the Customer fails to pay overdue fees after notice, breaches section 9 (Acceptable use), or where suspension is necessary to protect the security or integrity of the Service or other customers. Olyva will restore the Service promptly once the cause is resolved.

Olyva warrants that it will provide the Service with reasonable care and skill.

Except for the express warranties and any rights that cannot be excluded by law, the Service is provided "as is", and Olyva does not warrant that it will be uninterrupted, error-free, or that AI outputs will be accurate or fit for a particular purpose. The Customer is responsible for determining whether the Service is suitable for its needs.

Certain rights and guarantees under the Australian Consumer Law (ACL) cannot be excluded, restricted, or modified. Nothing in these Terms excludes or limits those rights.

To the extent the ACL applies and permits Olyva to limit its liability for breach of a non-excludable guarantee, Olyva's liability is limited, at Olyva's option, to re-supplying the affected services or paying the cost of having them re-supplied.

Subject to section 15:

• Neither party is liable for indirect or consequential loss, loss of profits or revenue, loss of goodwill, or loss or corruption of data (to the extent permitted by law).
• Olyva's total aggregate liability arising out of or in connection with these Terms and the Service is limited to the total fees paid by the Customer to Olyva in the 12 months before the event giving rise to the liability.

These limitations do not apply to a party's liability for breach of confidentiality, infringement of the other party's intellectual property, the Customer's payment obligations, or liability that cannot be limited by law.

Given the nature of the Service, the Customer accepts responsibility for maintaining the clinical oversight, human escalation, and emergency arrangements described in sections 3 and 5.

The Customer indemnifies Olyva against loss arising from the Customer's breach of section 6 (including any claim that the Customer lacked authority or consent to provide patient data or to deploy an AI receptionist), the Customer's breach of section 9, or the Customer's unlawful or clinical use of the Service, except to the extent caused by Olyva's own breach or negligence.

These Terms apply for the subscription term in the Order Form and renew as stated there.

Either party may terminate:

• for a material breach the other party does not remedy within 14 days of written notice; or
• immediately, if the other party becomes insolvent or ceases to carry on business.

On termination or expiry: the Customer's right to use the Service ends; the Customer must pay any fees accrued up to termination; and Olyva will, on request and within a reasonable period, return or delete Customer Data in accordance with its retention practices and applicable law. Clauses that by their nature should survive (including 6, 11, 12, 15, 16, 17 and 19) survive termination.

Questions about these Terms can be directed to our legal team.