By creating an account and using Capacoty ("the Platform"), you ("User") agree to be bound by these Terms and Conditions in full. If you do not agree, you must not use the Platform. These Terms constitute a binding legal agreement between you and Capacoty Pty Ltd as trustee for the Capacoty Trust (ABN 91 805 655 016) ("Capacoty", "we", "us", "our"), incorporated and operating in South Australia, Australia.
Capacoty is a software-as-a-service (SaaS) platform designed to assist qualified occupational therapists and allied health practitioners in drafting Functional Capacity Assessment (FCA) reports and related clinical documents. The Platform uses artificial intelligence — specifically large language model technology provided by Anthropic, Inc. — to generate draft report content based on clinical intake data entered by the User.
Capacoty is a report writing assistance tool only. It is not a clinical decision-support system, diagnostic tool, or substitute for professional clinical judgement, and does not constitute clinical advice of any kind.
By using the Platform, you acknowledge that clinical session data is transmitted to Anthropic's infrastructure for processing in accordance with Anthropic's Data Processing Addendum.
3.1 All outputs generated by the Platform are AI-assisted drafts only. The User is solely responsible for thoroughly reviewing, editing, verifying, fact-checking, and approving all report content before it is used, submitted, or shared with any third party, including NDIS planners, employers, insurers, courts, or clients.
3.2 The User acknowledges that AI-generated content may contain errors, inaccuracies, omissions, hallucinations, or clinically inappropriate statements. It remains the User's professional and legal obligation to ensure that any report produced accurately reflects their own clinical assessment, observations, and findings.
3.3 The Platform does not replace professional judgement. The User must apply their own clinical expertise, ethical obligations, and AHPRA standards of practice to all reports produced. The practitioner who authors and signs a report remains solely and personally responsible for its clinical accuracy and suitability.
3.4 Capacoty makes no warranty — express, implied, statutory, or otherwise — as to the accuracy, completeness, suitability, fitness for purpose, or clinical appropriateness of any content generated by the Platform.
3.5 The Platform may be used to assist in drafting reports for a range of purposes including but not limited to NDIS Functional Capacity Assessments, workers compensation assessments, medico-legal reports, and insurance assessments. In all cases, clauses 3.1–3.4 apply in full regardless of the report's intended purpose or recipient.
4.1 The Platform's report generation functionality is powered by Anthropic, Inc.'s Claude API. By using the Platform, you acknowledge that clinical session data entered during a generation session is transmitted to Anthropic's servers (located in the United States) for the purpose of generating report content.
4.2 Under Anthropic's API terms and their Data Processing Addendum, data submitted via the API is not used to train or fine-tune Anthropic's AI models. Capacoty operates under these terms and does not authorise any use of session data beyond report generation.
4.3 Capacoty's ability to provide the Platform is dependent on continued access to Anthropic's API. In the event that Anthropic modifies, restricts, or terminates API access, Capacoty reserves the right to modify, suspend, or discontinue the Platform with reasonable notice. Capacoty shall not be liable for any loss arising from changes to Anthropic's services or terms.
4.4 Users are indirectly subject to Anthropic's acceptable use policies. Any use of the Platform that would breach Anthropic's policies is also a breach of these Terms.
5.1 To the maximum extent permitted by applicable Australian law, Capacoty Pty Ltd (as trustee for the Capacoty Trust), its directors, officers, employees, contractors, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive loss or damage arising out of or in connection with:
5.2 Where liability cannot be excluded under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)), Capacoty's liability is limited, at Capacoty's election, to resupplying the relevant service or paying the cost of having the service resupplied.
5.3 In no event shall Capacoty's aggregate liability to any User exceed the total subscription fees paid by that User in the twelve (12) months immediately preceding the event giving rise to the claim.
6.1 You agree to indemnify, defend, and hold harmless Capacoty Pty Ltd (as trustee for the Capacoty Trust), its directors, officers, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
6.2 For general misuse or breach of these Terms, your indemnification obligation is capped at the total subscription fees paid by you in the twelve (12) months preceding the relevant claim. This cap does not apply to claims arising from wilful misconduct, fraud, deliberate misuse, or fabrication of clinical findings.
7.1 All intellectual property in the Platform — including software architecture, source code, algorithms, prompt engineering, user interface design, workflows, and documentation — is owned by Capacoty Pty Ltd (as trustee for the Capacoty Trust) and is protected under the Copyright Act 1968 (Cth) and applicable intellectual property laws.
7.2 The User must not, without prior written consent: reverse-engineer, decompile, reproduce, adapt, distribute, sublicense, or create derivative works from any part of the Platform; use the Platform's workflows or prompt structures for the purpose of building competing products; or permit any third party to do any of the foregoing.
7.3 Reports generated by the Platform, once reviewed and approved by the User, are the intellectual property of the User and/or their employing practice. Capacoty makes no claim to ownership of report output.
8.1 The Platform is intended for use by registered occupational therapists, physiotherapists, psychologists, and other qualified allied health practitioners operating within their lawful scope of practice under Australian health practitioner regulation. It is not limited to NDIS use cases.
8.2 By registering, you warrant that you hold current and valid registration with the relevant regulatory body (including AHPRA where applicable) and possess the clinical competency to conduct and author the type of assessment for which you use the Platform.
8.3 Users acknowledge that as the treating or assessing practitioner, they — not Capacoty — are the health records custodian for their clients. All obligations regarding health record keeping, retention, access, and confidentiality under applicable legislation (including the Privacy Act 1988 (Cth), relevant state health records legislation, and AHPRA standards) rest with the User.
8.4 Users operating under NDIS-funded services must comply with the NDIS Practice Standards and the NDIS Code of Conduct in their use of Platform-generated content. Capacoty does not warrant that any report generated meets NDIS quality or evidentiary standards, and the User is solely responsible for ensuring compliance.
9.1 Users must not use the Platform to:
9.2 Account access is personal and non-transferable. Sharing login credentials is strictly prohibited. Each practitioner generating reports must hold their own account. Capacoty reserves the right to suspend or terminate accounts in breach of this clause.
10.1 Capacoty Pty Ltd (as trustee for the Capacoty Trust) is registered for GST (ABN 91 805 655 016). All subscription fees are quoted in Australian dollars (AUD) and are inclusive of GST where applicable.
10.2 Subscription fees are charged in advance on a monthly basis via Stripe, Inc. Subscriptions automatically renew each month on the billing anniversary date. By subscribing, you authorise Capacoty to charge your nominated payment method on a recurring monthly basis until cancellation.
10.3 You may cancel your subscription at any time via your account settings. Access continues until the end of the current paid billing period. No refunds are issued for partial billing periods except where required by the Australian Consumer Law.
10.4 Report generation allowances are allocated per monthly billing cycle and reset at the start of each new billing period. Unused generations do not roll over.
10.5 A 14-day free trial is offered upon registration, during which two complimentary report generations are available. The trial period and its terms are disclosed at the time of account creation. No cooling-off period applies following the commencement of a paid subscription, given the prior free trial access.
10.6 Capacoty reserves the right to modify subscription pricing with at least 14 days' notice to active subscribers by email before changes take effect.
10.7 Tax invoices and payment receipts are issued by Stripe on behalf of Capacoty for each successful payment and sent to the email address associated with your account.
11.1 Capacoty reserves the right to suspend or terminate your account without notice in the event of: material breach of these Terms; suspected fraud or misuse; non-payment; or conduct posing a risk to the Platform, other users, or third parties.
11.2 Upon termination, your access to the Platform ceases immediately or at the end of the current billing period, as applicable.
11.3 Account information is retained for two (2) years following termination for administrative and legal purposes, and for seven (7) years to the extent required for GST and financial record-keeping obligations under the Taxation Administration Act 1953 (Cth). Following these periods, personal data is deleted or de-identified.
11.4 Clinical session data is not retained by Capacoty beyond the active generation session and is therefore not subject to post-termination retention obligations on Capacoty's part.
Your personal information and clinical session data are handled in accordance with our Privacy & Confidentiality Policy (available via the tab above), which forms part of these Terms and is incorporated by reference.
Capacoty shall not be liable for any failure or delay in performing its obligations to the extent caused by circumstances beyond Capacoty's reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, government action, power or telecommunications outages, cyberattacks, or the failure of third-party services (including Anthropic's API, Railway, or Stripe). Capacoty will use reasonable endeavours to restore the Platform as soon as practicable.
14.1 The parties agree to attempt to resolve any dispute through good-faith negotiation in the first instance. A party must provide written notice of the dispute, and the parties must meet within 14 days of that notice to attempt resolution.
14.2 If unresolved within 30 days of written notice, either party may refer the matter to mediation conducted by a mutually agreed accredited mediator, or if the parties cannot agree, by a mediator appointed by the Resolution Institute (Australia). Mediation costs shall be shared equally unless otherwise agreed.
14.3 If mediation does not resolve the dispute, either party may pursue their legal remedies through the courts of South Australia, which shall have non-exclusive jurisdiction.
Capacoty reserves the right to amend these Terms at any time. Material changes will be communicated by email at least 14 days before they take effect. Continued use of the Platform following the effective date constitutes acceptance. If you do not accept amended Terms, you must cancel your account prior to the effective date.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
These Terms are governed by the laws of South Australia and the Commonwealth of Australia. Subject to clause 14, any dispute shall be subject to the non-exclusive jurisdiction of the courts of South Australia.
Capacoty Pty Ltd as trustee for the Capacoty Trust
ABN 91 805 655 016 · South Australia, Australia
Email: hello@capacoty.com.au
Website: capacoty.app
Capacoty Pty Ltd (as trustee for the Capacoty Trust, ABN 91 805 655 016) ("we", "our", "Capacoty") is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the thirteen Australian Privacy Principles (APPs). Where users are located in South Australia, we also acknowledge the relevance of the Health Care Act 2008 (SA) and applicable state health privacy frameworks.
As a platform used by health practitioners processing sensitive health information, we treat privacy obligations with particular seriousness. This Policy explains what information we collect, why we collect it, how we use and disclose it, and your rights.
Account Information
When you register, we collect your full name, email address, phone number, AHPRA registration number, and a securely hashed password. This is required to create and manage your account, populate report metadata, authenticate your access, and administer your subscription.
Payment Information
Billing details are collected and stored by Stripe, Inc. under PCI-DSS Level 1 standards. Capacoty does not store full card numbers, CVV codes, or sensitive payment credentials. We retain only non-sensitive billing metadata (last four digits, card type, expiry) for subscription management.
Clinical and Participant Data (Session Data)
Intake data you enter during a report generation session — which may include participant names, dates of birth, NDIS numbers, disability diagnoses, medical history, functional assessment observations, support needs, and clinical findings — is processed in real time via Anthropic's API to generate the draft report. This data is not retained on Capacoty's servers after the report has been generated and delivered to you. We do not build or maintain databases of participant health information.
You, as the practitioner, are the health records custodian for your clients. Capacoty acts as a data processor in respect of session data, acting only on your instructions.
Usage and Technical Data
We may collect anonymised session activity, error logs, generation counts, and platform usage patterns for the purpose of improving the Platform and diagnosing technical issues. This data does not identify individual participants.
Account information is used to authenticate your access, populate report headers with assessor details, administer your subscription, send account-related communications (including billing receipts and material policy updates), and provide customer support.
Clinical session data is used solely to generate the AI-assisted report draft during the active session. It is not retained, analysed, shared, or used by Capacoty for any other purpose.
We do not use any personal information for marketing to third parties, profiling, automated decision-making affecting users, or training of AI models.
We do not sell, rent, or disclose your personal information to third parties, except in the following circumstances:
All third-party service providers are required to handle personal information in a manner consistent with Australian privacy law to the extent practicable.
5.1 Participant clinical data entered into the Platform constitutes sensitive information — specifically, health information — under the Privacy Act 1988 (Cth). Health information attracts a higher standard of protection under the APPs, and we treat it accordingly.
5.2 Session health data is processed transiently and is not retained by Capacoty after the report generation session concludes. The practitioner, not Capacoty, is the health records custodian.
5.3 You, as the User, are solely responsible for:
5.4 Capacoty does not access, review, or process participant health information for any purpose beyond report generation and does not share such information with any party other than Anthropic as described in clause 4.
Your account data and session data may be transmitted to and processed by servers located outside Australia, including in the United States (Anthropic, Stripe, Railway, Netlify). By using the Platform, you consent to this cross-border transfer in accordance with APP 8.1.
We take reasonable steps to ensure that overseas recipients handle your information consistently with the APPs, including through data processing agreements with Anthropic and Stripe. You acknowledge that Australian privacy law may not be directly enforceable against overseas recipients.
We implement industry-standard security measures including:
No method of electronic transmission or storage is 100% secure. While we implement reasonable measures, we cannot guarantee absolute security against all threats.
8.1 Capacoty is subject to the Notifiable Data Breaches (NDB) scheme under Part IIIC of the Privacy Act 1988 (Cth). In the event of an eligible data breach likely to result in serious harm, we will notify the Office of the Australian Information Commissioner (OAIC) and affected individuals as soon as practicable.
8.2 If you become aware of or suspect a security incident involving your Capacoty account, notify us immediately at hello@capacoty.com.au. We will investigate and respond in accordance with our NDB obligations.
8.3 Where a breach involves participant health information you have entered into the Platform, you may also have independent notification obligations to affected clients under applicable health records legislation and your professional standards. Capacoty's NDB notification does not discharge your own obligations as the health records custodian.
9.1 Account information is retained for two (2) years following account termination, after which it is deleted or de-identified.
9.2 Billing records and financial transaction data are retained for seven (7) years in accordance with GST record-keeping requirements under the Taxation Administration Act 1953 (Cth).
9.3 Clinical session data is not retained by Capacoty beyond the active generation session.
9.4 You may request deletion of your account and associated personal information at any time by contacting hello@capacoty.com.au. We will process requests within 30 days, subject to our legal retention obligations under clause 9.2.
10.1 Access (APP 12): You have the right to request access to the personal information we hold about you. Contact hello@capacoty.com.au. We will respond within 30 days. A reasonable administrative fee may apply for requests requiring significant effort.
10.2 Correction (APP 13): You have the right to request correction of inaccurate, outdated, or incomplete personal information. Direct requests to hello@capacoty.com.au. We will action requests within 30 days.
10.3 Complaints: If you believe we have breached the Australian Privacy Principles, lodge a complaint at hello@capacoty.com.au with "Privacy Complaint" in the subject line. We will acknowledge within 5 business days and endeavour to resolve within 30 days.
10.4 OAIC Escalation: If unsatisfied with our response, you may escalate to the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au or by calling 1300 363 992.
The Platform does not use tracking cookies, behavioural advertising, or third-party analytics services. Stripe may set cookies in connection with payment processing in accordance with their own privacy policy. No participant or clinical data is transmitted to any analytics platform.
We may update this Policy from time to time. Material changes will be communicated to registered users by email at least 14 days before taking effect. Continued use of the Platform following the effective date constitutes acceptance. The current version is always available at capacoty.app.
Capacoty Pty Ltd as trustee for the Capacoty Trust
ABN 91 805 655 016 · South Australia, Australia
Email: hello@capacoty.com.au
Website: capacoty.app
For privacy enquiries, data access or correction requests, and data breach reports, include "Privacy" in your subject line.