Terms of Service
The Terms & Conditions governing your use of Capacoty. Capacoty Pty Ltd as trustee for the Capacoty Trust · ABN 91 805 655 016 · GST registered · South Australia.
1. Acceptance of Terms
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"), registered in Australia and operating from South Australia.
2. Description of Service
Capacoty is a software-as-a-service (SaaS) platform designed to assist qualified occupational therapists and allied health practitioners in their professional work. The Platform comprises two services:
2.1 Report Drafting. A service that assists Users in drafting Functional Capacity Assessment (FCA), Assistive Technology (AT), Home & Living, Complex Home Modification (CHM), Progress Report (PR), Support at Home (SAH), and related clinical documents. The service generates draft report content based on clinical intake data entered by the User. In-progress draft assessments are saved on Capacoty's servers in end-to-end encrypted form as described in clause 11 below.
2.2 Ask Capacoty. A decision-support question-and-answer service that provides cited answers to clinical, regulatory and procedural questions, drawing on a curated corpus of Australian NDIS, AHPRA, OTA and Aged Care reference documents. Each answer includes citations to the source paragraph(s) so the User can verify the underlying material. The source corpus may not include every relevant law, guideline, policy, operational document or professional standard, and cited sources may not reflect the most recent version of any instrument. Detailed restrictions on reliance on Ask Capacoty answers are set out in clause 3.6.
2.3 Both services use artificial intelligence (specifically large language model technology provided by Anthropic, Inc.) to generate output. Neither service constitutes clinical advice, legal advice, diagnostic services, or a substitute for professional clinical judgement.
By using the Platform, you acknowledge that clinical data submitted for report generation and Ask Capacoty query text are transmitted to Anthropic's infrastructure for processing in accordance with Anthropic's Data Processing Addendum. In-progress draft assessment data stored between sessions is held in end-to-end encrypted form on Capacoty's servers and is not transmitted to Anthropic until you actively initiate a generation request.
2.4 Beta and experimental features. The Platform may from time to time include beta, trial, experimental or newly released features. Such features may be incomplete, subject to change, withdrawn, or produce unexpected results. Users must exercise particular care when relying on outputs from any beta or experimental feature and must independently review all output before use, consistent with clauses 3.1–3.10.
2.5 No affiliation with regulatory bodies or funding agencies. Capacoty is not affiliated with, endorsed by, approved by, or acting on behalf of the National Disability Insurance Agency (NDIA), the NDIS Quality and Safeguards Commission, the Department of Health and Aged Care, AHPRA, the Occupational Therapy Australia (OTA), any insurer, workers compensation authority, court, tribunal, or other funding body. Use of Capacoty does not confer any standing, accreditation, approval, or compliance status with any of those bodies.
2.6 Professional and business use only. The Platform is supplied for professional and business use by qualified allied health practitioners operating within their lawful scope of practice. It is not intended for personal, domestic, or household use. The User warrants that they are accessing the Platform in their professional capacity and not as a consumer for personal purposes.
3. Professional Responsibility and AI Output Disclaimer
3.1 All outputs generated by the Platform are AI-assisted drafts only. The User is professionally 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. AI-generated output may also reflect bias, overstate or understate functional impact, misclassify support needs, omit relevant risks, or generate recommendations that are not reasonable, necessary, proportionate, evidence-based, or suitable for the participant. 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 professionally 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.
3.6 Ask Capacoty answers are provided as decision-support information retrieval only. They are not clinical advice, legal advice, regulatory advice, funding advice, professional opinion, or an authoritative interpretation of any law, policy, guideline, or professional standard. Laws, policies, operational guidelines, funding rules, AHPRA positions, NDIS practice standards, and related instruments may change without notice; Ask Capacoty answers may not reflect the most current version of any such instrument. The source corpus may not include every relevant law, guideline, policy, operational document, tribunal decision, court decision, insurer policy, or professional standard. Cited sources may be incomplete, superseded, withdrawn, amended, or inapplicable to the User's specific circumstances. Users must independently verify all cited sources, confirm that source material is current, and obtain appropriate professional, legal, clinical or regulatory advice where the matter has legal, regulatory, disciplinary, funding, clinical, medico-legal, or financial consequences. Ask Capacoty must not be treated as a substitute for independent review of the primary source material. Ask Capacoty may not reflect unpublished agency practice, internal funding practices, local interpretation, insurer-specific requirements, aged care provider requirements, Support at Home program updates, or operational decisions made by the NDIA, Department of Health, insurers, employers, courts, or tribunals.
3.7 No autonomous clinical decision-making. The Platform is an administrative, drafting, information retrieval, and decision-support tool for qualified practitioners. It is not intended to diagnose, treat, prevent, monitor, predict, screen, or make autonomous clinical decisions about any disease, injury, disability, impairment, health condition, functional capacity, support need, or clinical outcome. The Platform does not independently assess participants or replace practitioner assessment, reasoning, judgement, or recommendation.
3.8 User input accuracy. The User is solely responsible for the accuracy, completeness, relevance, currency, and lawfulness of all information entered into the Platform. Capacoty is not responsible for inaccurate, incomplete, misleading, clinically inappropriate, or unsafe output arising from inaccurate, incomplete, biased, fabricated, outdated, or insufficient input data. The quality and safety of AI-generated output is directly dependent on the quality of user-entered information.
3.9 Mandatory human review and warranty. Users must not copy, submit, sign, upload, issue, or distribute Platform-generated content without first conducting a genuine professional review, editing the content as required, confirming factual accuracy, checking clinical reasoning, and ensuring the final document reflects the User's own professional assessment and opinion. By submitting, signing, uploading, issuing, or otherwise finalising any Platform-generated output, the User warrants that they have reviewed and approved the final content and that it represents their own professional opinion.
3.10 AI disclosure obligation. The User is responsible for determining whether the use of AI-assisted drafting software must be disclosed to a participant, client, employer, insurer, court, tribunal, funding body, regulator, or other recipient of any report or document. Capacoty makes no representation that undisclosed use of the Platform is acceptable in any professional, medico-legal, forensic, insurance, NDIS, employment, or regulatory context.
4. Third-Party AI Provider: Anthropic
4.1 The Platform's report generation functionality is powered by Anthropic, Inc.'s Claude API. When you submit a report generation request, the relevant clinical session data is decrypted locally on your device and transmitted to Anthropic's servers (located in the United States) for the purpose of generating report content. Draft assessment data stored on Capacoty's servers prior to generation is held in encrypted form and is not transmitted to Anthropic until you actively initiate a generation request.
4.2 Based on Capacoty's applicable agreement with Anthropic at the time of this policy, Capacoty understands that data submitted via the API is not used by Anthropic to train or fine-tune its AI models except as may otherwise be permitted under applicable terms. Users are encouraged to review Anthropic's current Data Processing Addendum as Anthropic's terms may change independently of this policy. Capacoty will not knowingly authorise or enable the training of AI models on identifiable clinical session data and will update this Policy if that position changes.
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. Limitation of Liability
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 indirect, incidental, special, consequential, or punitive loss or damage arising out of or in connection with:
- The use of, or reliance upon, any report or content generated by the Platform;
- Any clinical outcome, NDIS funding decision, compensation determination, legal proceeding, or recommendation made on the basis of a Platform-generated report;
- Any loss suffered by a participant, client, employer, insurer, third party, or any other person connected to the use of the Platform;
- Any error, omission, inaccuracy, or hallucination in AI-generated content;
- Any output arising from inaccurate, incomplete, or inappropriate user input;
- Interruption, unavailability, degradation, or failure of the Platform for any reason, including third-party provider outages (including Anthropic's API);
- Unauthorised access to or disclosure of account information or encrypted draft data;
- Loss of encrypted draft data resulting from the User's loss of both account password and recovery code;
- Any regulatory, disciplinary, or professional consequence arising from the User's use of Platform-generated content.
The exclusions and limitations in this clause 5 are intended to operate reasonably having regard to the nature of the Platform as an AI-assisted professional drafting tool, the subscription fees charged, the User's professional obligations, and the User's ability and obligation to review all outputs before use.
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. Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, or liability that cannot lawfully be excluded, restricted, or modified, including under the Australian Consumer Law.
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.
5.4 Third-party reliance. The Platform is provided to the User only. No participant, client, insurer, employer, court, tribunal, funder, regulator, family member, or other third party is entitled to rely on the Platform, these Terms, or any Platform-generated output as creating duties, warranties, or obligations owed by Capacoty to that third party.
5.5 No guarantee of outcomes. Capacoty makes no representation and gives no warranty that any report generated using the Platform will result in NDIS funding approval, aged care funding, insurance approval, workers compensation determination, employer acceptance, medico-legal acceptance, tribunal acceptance, court acceptance, or any other clinical, regulatory, funding, legal, or commercial outcome.
6. Indemnification
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 losses, damages, claims, costs, and expenses (including reasonable legal fees) arising from third-party claims to the extent caused or contributed to by:
- Your breach of these Terms or applicable law;
- Your negligence, wilful misconduct, or professional misconduct in connection with your use of the Platform;
- Your misrepresentation of your professional credentials, registration, or scope of practice;
- Your fabrication, embellishment, or misrepresentation of clinical findings or participant circumstances;
- Your failure to obtain required consents, authorisations, or permissions before entering participant or client information into the Platform;
- Your failure to review, verify, edit, and approve Platform-generated output before use; or
- Your use of Platform output outside your professional scope of practice or in breach of applicable professional obligations.
6.2 Your indemnification obligation under clause 6.1 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. Intellectual Property
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.
7.4 Prohibited extraction and competitive use. Users must not use automated scripts, scraping tools, bots, crawlers, browser automation, bulk extraction techniques, adversarial queries, prompt-injection techniques, or systematic probing to extract, infer, copy, or replicate the Platform's prompts, workflows, templates, assessment logic, output structure, source corpus, user interface, or other proprietary components. Users must not use the Platform, in whole or in part, to benchmark, develop, train, fine-tune, validate, or improve a competing or alternative product or service without Capacoty's prior written consent.
7.5 User input licence. The User retains ownership of all information they enter into the Platform. The User grants Capacoty a limited, non-exclusive, non-transferable licence to process that information solely to provide, secure, maintain, and support the Platform in accordance with these Terms and our Privacy & Confidentiality Policy. Capacoty does not use clinical draft content or session data for any commercial purpose beyond platform delivery, and cannot access end-to-end encrypted draft content as described in the Privacy & Confidentiality Policy.
8. Eligible Users and Professional Obligations
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 responsible for ensuring compliance.
8.5 Participant consent and data entry obligations. Before entering any participant, client, or third-party personal or health information into the Platform, the User warrants that they have obtained all consents, authorisations, permissions, and notices required by applicable law, professional standards, guardianship or substitute decision-maker arrangements, workplace policies, funding-body requirements, and client agreements. The User must not enter information about a participant where doing so would breach privacy, confidentiality, consent, guardianship, family violence, child protection, professional, employment, insurance, court, or tribunal obligations.
8.6 Professional indemnity insurance. Users are responsible for maintaining their own professional indemnity insurance, public liability insurance, and any other insurance appropriate to their practice, professional obligations, and use of AI-assisted software. Capacoty makes no representation that any User's existing professional indemnity cover extends to claims arising from the use of AI-assisted drafting tools; Users should confirm coverage with their insurer or professional association.
8.7 Organisation and team accounts. Where an account is provided or funded by an employing practice or organisation, the organisation is responsible for ensuring that each individual practitioner uses their own account, holds appropriate authority, and has a lawful basis to process client information using the Platform. Practitioner accounts must not be shared. Where a practitioner leaves an organisation, it is the organisation's responsibility to notify Capacoty and take appropriate steps to manage access to any drafts or reports associated with that practitioner's account.
9. Acceptable Use
9.1 Users must not use the Platform to:
- Generate reports for participants or clients they have not personally assessed;
- Fabricate, embellish, or misrepresent clinical findings, observations, or participant circumstances;
- Submit AI-generated content to any body, insurer, court, or agency without thorough clinical review and approval;
- Misrepresent their professional identity, qualifications, or registration status;
- Breach applicable professional, ethical, or legal obligations;
- Make emergency, crisis, safeguarding, risk-of-harm, child protection, family violence, abuse, neglect, restrictive practice, or mandatory reporting decisions;
- Attempt to extract, replicate, or reverse-engineer the Platform's prompt logic, AI configuration, or source corpus;
- Use automated scripts, scraping tools, bots, browser automation, or systematic extraction techniques to access or probe the Platform;
- Benchmark, develop, train, or validate a competing or alternative product or service using the Platform;
- Use the Platform in a manner that violates Anthropic's acceptable use policies.
9.2 Account access is personal and non-transferable. Sharing login credentials is strictly prohibited. Each practitioner generating reports must hold their own account. Users are responsible for maintaining the confidentiality of their login credentials, recovery codes, and any email account or device used to access the Platform. Users must promptly notify Capacoty at hello@capacoty.com.au of any suspected unauthorised access, credential compromise, device loss, or account misuse. Capacoty reserves the right to suspend or terminate accounts in breach of this clause.
9.3 Emergency and safeguarding situations. The Platform must not be used as an emergency, crisis, safeguarding, risk-of-harm, child protection, family violence, abuse, neglect, restrictive practice, or mandatory reporting decision-making tool. Where a User identifies immediate risk to a participant, client, practitioner, or third party, the User must immediately follow applicable emergency, clinical, safeguarding, professional, and mandatory reporting processes. Platform-generated content must not delay or substitute for these obligations.
10. Subscriptions, Payments, Refunds and GST
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 via Stripe, Inc. on either a monthly or annual billing cycle, as selected by the User at the time a payment method is provided. Subscriptions automatically renew at the end of each billing cycle on the User's billing anniversary, as defined in clause 10.5(c), and continue to renew until cancelled. By providing a payment method, the User authorises Capacoty to charge that payment method on a recurring 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. Users are responsible for being aware of their subscription tier and billing anniversary, and for cancelling prior to that date if they wish to avoid further charges. The full refund policy is set out in clause 10.8 below.
10.4 Report generation allowances are allocated per billing cycle and reset at the start of each new billing period. Unused generations do not roll over.
10.5(a) Trial period. A 14-day free trial is available upon registration and does not require a payment method. The trial commences at the exact date and time the User completes account registration and expires precisely 14 days later, to the minute. During the trial, the User has access to two (2) complimentary report generations.
10.5(b) Adding a payment method and continuing access after the trial. A User may attach a valid payment method via Stripe and select a subscription plan (monthly or annual) at any time, including during the 14-day trial. Attaching a payment method during the trial does not end the trial, does not commence paid billing, and does not result in any charge until the trial concludes in accordance with clause 10.5(c). To continue using the Platform beyond the trial, a User must have attached a valid payment method and selected a subscription plan; access to paid features is suspended at the moment the trial expires if no payment method is on file at that time, and resumes upon attachment of a valid payment method.
10.5(c) Conclusion of the trial, commencement of the first paid billing period, and definition of "billing anniversary". Where a User has attached a valid payment method and selected a subscription plan during the trial, the trial concludes, the first paid billing period commences, and the User's billing anniversary is set at the earlier of:
- (i) the exact date and time precisely 14 days after the User completed account registration; or
- (ii) the exact date and time at which the User expressly elects, via an in-Platform confirmation prompt, to end the trial early and activate their paid subscription. This election is presented when the User attempts a third (3rd) report generation during the trial, the trial allowance under clause 10.5(a) being two (2) generations.
Where a User has not attached a payment method by the time the trial expires under clause 10.5(a), the trial concludes at that moment and no paid billing period commences; the first paid billing period commences, and the billing anniversary is set, at the exact date and time the User subsequently attaches a valid payment method via Stripe and selects a subscription plan. In all cases, the date and time at which the first paid billing period commences becomes the User's billing anniversary for all subsequent renewals. The trial period does not extend, shorten, or otherwise alter the duration of any paid billing period, and trial time does not count toward any paid billing period.
10.5(d) Monthly cycles. A monthly billing period runs from the billing anniversary in one calendar month to the corresponding day in the next calendar month, regardless of the number of days in the intervening month (28, 29, 30 or 31). Where the corresponding day does not exist in a given month (for example, the 31st in February), the renewal will occur on the last day of that month, and subsequent renewals will continue from the original anniversary day where it exists.
10.5(e) Annual cycles. An annual billing period runs for one year from the billing anniversary, with the renewal charge processed at the exact date and time of the anniversary each year. Annual subscriptions otherwise operate on the same terms as monthly subscriptions under these Terms, save that pricing changes under clause 10.6 take effect at the next annual renewal.
10.5(f) Cooling-off. Except where required by law, no additional cooling-off period applies following the commencement of a paid subscription, given the User's prior 14-day free trial access. This does not limit any rights the User may have under the Australian Consumer Law or other applicable law.
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. For annual subscribers, pricing changes take effect at the next annual renewal.
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.
10.8 Refund Policy
10.8.1 General rule. As a general rule, subscription fees are non-refundable once a billing cycle has commenced. By subscribing to the Platform, the User acknowledges sole responsibility for:
- being aware of their current subscription tier and billing anniversary;
- cancelling their subscription prior to the next billing anniversary if they wish to avoid further charges; and
- managing their own usage within the report generation quota allocated to their plan.
Without limiting the foregoing, the following are not, of themselves, grounds for a refund: forgetting to cancel before a billing date; failing to use the Platform during a billing period; generating fewer reports than the plan quota permits; or a change in the User's business circumstances.
10.8.2 Australian Consumer Law. Nothing in these Terms, including clause 10.8.1, excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the User by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL") or any other applicable law which cannot lawfully be excluded. The Platform is supplied with the consumer guarantees prescribed by the ACL to the extent they apply. Where the ACL applies and a failure to comply with a consumer guarantee amounts to a major failure (as defined in the ACL), the User is entitled to the remedies prescribed by the ACL, which may include a refund. Where a failure is not a major failure, Capacoty may elect to remedy the failure by resupplying the service, in accordance with clause 5.2.
10.8.3 Discretionary refunds. In addition to the User's rights under the ACL, Capacoty will consider refund requests on a case-by-case basis at its discretion, including (but not limited to) where:
- the Platform has been materially unavailable for an extended period during the billing cycle due to a fault reasonably attributable to Capacoty;
- a duplicate charge or billing error has occurred;
- the User was charged after validly cancelling their subscription prior to the billing anniversary; or
- other circumstances exist which Capacoty, acting reasonably, considers warrant a refund.
10.8.4 How to request a refund. Refund requests must be submitted in writing to hello@capacoty.com.au or via the contact form at capacoty.app/contact, and must include:
- the email address associated with the User's account;
- the date and amount of the payment in question (as shown on the Stripe tax invoice);
- a clear description of the reason for the request; and
- any supporting information the User wishes Capacoty to consider.
10.8.5 Processing. Capacoty will acknowledge receipt of a refund request within five (5) business days and will respond substantively within ten (10) business days. Where a refund is approved, it will be processed to the original payment method via Stripe and may take a further five (5) to ten (10) business days to appear on the User's statement, depending on the User's card issuer or financial institution. Capacoty does not issue refunds in cash, by bank transfer to a different account, or to a third party.
10.8.6 Disputes. If the User is not satisfied with the outcome of a refund request, the User may escalate the matter in accordance with the dispute resolution process in clause 14. Nothing in this clause 10.8 limits the User's right to make a complaint to the Australian Competition and Consumer Commission (ACCC), the applicable State or Territory consumer protection agency, or to pursue any other remedy available under the ACL or other applicable law.
10.9 Billing failures. If a scheduled payment fails, Capacoty may retry the payment method, notify the User by email, restrict access to paid features, downgrade the account, or terminate the subscription if payment remains outstanding after reasonable notice. The User remains responsible for all properly incurred subscription fees accrued prior to the effective date of cancellation or account termination.
10.10 Plan changes. Plan upgrades may take effect immediately upon selection or at the next billing cycle, as displayed at the time of the change. Plan downgrades take effect at the end of the current paid billing period unless otherwise stated. Capacoty may apply prorated charges or credits through Stripe depending on the nature of the change, as communicated at checkout.
10.11 Failed report generation. Capacoty may, at its discretion, restore or credit a report generation allowance where a generation attempt fails due to a technical fault reasonably attributable to Capacoty. Capacoty is not obliged to restore or credit an allowance where the generation fails or the output is unsatisfactory due to inaccurate, incomplete, or inappropriate user input, ordinary AI output limitations, or user error.
11. Account Termination and Data Handling
11.1 Capacoty reserves the right to suspend or terminate your account: (a) immediately and without prior notice where reasonably necessary to protect the Platform, other users, third parties, or Capacoty's legal compliance, including in cases of suspected fraud, serious misuse, or conduct posing immediate risk; or (b) with reasonable notice where practicable in all other cases, including material breach of these Terms or non-payment.
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 Draft clinical and participant data is stored on Capacoty's servers in Australia in end-to-end encrypted form. Encryption is performed entirely on your device before transmission. Capacoty stores only the resulting encrypted ciphertext and cannot access, read, or reconstruct the underlying clinical content. Participant name and draft completion percentage are stored in plaintext alongside the encrypted draft content for indexing and display purposes only. Generated report output (the AI-produced document) is delivered to you and is not stored by Capacoty after delivery.
11.5 Your draft content is protected by a randomly generated master encryption key that is itself encrypted (wrapped) using keys derived from your account password and recovery code via PBKDF2-SHA256. Capacoty stores only the encrypted (wrapped) form of this master key and cannot reconstruct or use it without your password or recovery code. If you permanently lose access to both your account password and your recovery code, your encrypted drafts are irrecoverable. Upon account termination, all encrypted draft data associated with your account is permanently and irrevocably deleted from Capacoty's servers. As Capacoty does not hold the master key in usable form, this deletion renders the data irrecoverable by any party.
11.6 As an additional privacy measure, encrypted draft data is permanently deleted from Capacoty's servers where an account has recorded no login activity for 90 consecutive days. Account information and billing records are unaffected and are retained in accordance with clause 11.3. Where practicable, Capacoty will attempt to send an advance reminder to the email address associated with the account before inactivity-based deletion occurs. Users should ensure any draft content they wish to retain is exported or finalised before an extended period of inactivity.
12. Privacy
Your personal information and clinical data are handled in accordance with our Privacy & Confidentiality Policy, which forms part of these Terms and is incorporated by reference. The Privacy & Confidentiality Policy includes a full description of our end-to-end encryption architecture and your rights as a data subject under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
13. Service Availability and Force Majeure
Capacoty does not guarantee uninterrupted or error-free availability of the Platform. The Platform may be unavailable due to scheduled maintenance, updates, security work, third-party service disruptions, infrastructure capacity limitations, or events outside Capacoty's reasonable control. Where practicable, Capacoty will provide reasonable advance notice of planned maintenance expected to materially affect access.
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, our hosting or infrastructure providers, or Stripe). Capacoty will use reasonable endeavours to restore the Platform as soon as practicable.
14. Dispute Resolution
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.
15. Amendments
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.
16. Severability
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.
17. Governing Law
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.
18. Contact
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