Important: Qliva is a clinical administration platform — it does not replace professional clinical judgement. You and your practitioners remain solely responsible for all clinical decisions. Please read Section 8 (AI Features) and Section 15 (Limitation of Liability) carefully.
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you" or "your") and Qliva Pty Ltd ("Qliva", "we", "us" or "our") governing your access to and use of the Qliva platform, including any associated websites, mobile applications, APIs and related services (collectively, the "Platform").
By creating an account, clicking "I agree", or otherwise accessing or using the Platform, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
If you do not agree to these Terms, you must not access or use the Platform.
2. Definitions
"Platform" means the Qliva clinical practice management software-as-a-service product and all associated services.
"Customer" means the clinic, healthcare practice or individual practitioner who subscribes to the Platform.
"Authorised Users" means the practitioners, administrative staff and other personnel authorised by the Customer to use the Platform under the Customer's subscription.
"End Patient" means a patient whose personal and health information is processed in the Platform on behalf of the Customer.
"Content" means any data, text, files, records, clinical notes, pathology results, images or other materials uploaded or entered into the Platform by a Customer or Authorised User.
"Subscription" means the recurring licence to access the Platform as described in the applicable order form or pricing page.
3. Account Registration and Access
To use the Platform, you must register for an account and provide accurate, current and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must immediately notify us at support@qliva.com.au if you become aware of any unauthorised use of your account or any other security breach.
You are responsible for ensuring that all Authorised Users comply with these Terms. Any breach of these Terms by an Authorised User will be deemed a breach by you.
You must not: share account credentials with individuals who are not Authorised Users; create accounts for automated access except via our published API with prior written consent; impersonate another person or entity; or use the Platform in any way that would constitute a breach of Australian law.
4. Subscriptions and Billing
Access to the Platform is provided on a subscription basis. Subscription fees, billing cycles and included features are as described on our pricing page (qliva.com.au/pricing) at the time of your subscription, unless a separate order form has been agreed.
Subscriptions are billed in advance on a monthly or annual basis. All fees are in Australian Dollars (AUD) and are inclusive of GST where applicable.
You authorise us to charge your nominated payment method via our payment processor (Stripe) at the start of each billing period. If payment fails, we will notify you and may suspend access to the Platform after a grace period of 7 days.
Usage-based fees (such as telehealth overage minutes or SMS overage) are billed in arrears at the end of each billing period based on actual usage recorded on the Platform.
Per-practitioner seat fees apply per active practitioner profile on your account. You will be charged the applicable seat fee for any practitioner added mid-cycle on a pro-rated basis.
You may cancel your subscription at any time via the billing settings in your account. Cancellation takes effect at the end of the current billing period. We do not provide refunds for unused portions of a billing period except as required by the Australian Consumer Law.
We reserve the right to change our pricing with 30 days' written notice. Price changes take effect at your next renewal date.
5. Free Trial
We may offer a free trial period of up to 14 days. During the trial, you may access the Platform without charge, subject to these Terms.
At the end of the trial period, you must subscribe to a paid plan to continue using the Platform. If you do not subscribe, your account and all associated Content will be retained for 90 days before permanent deletion.
We reserve the right to modify or discontinue free trials at any time.
6. Licence to Use the Platform
Subject to your compliance with these Terms and payment of all applicable fees, Qliva grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal clinical practice management purposes during the subscription term.
You must not: sublicence, resell, or otherwise commercialise access to the Platform; reverse engineer, decompile or attempt to extract source code from the Platform; remove or obscure any proprietary notices; use the Platform to develop a competing product; use the Platform in a way that could damage, disable or impair its operation; or use automated tools to scrape, mine or extract data from the Platform except via our published API.
7. Your Content and Data
You retain all ownership rights in the Content you upload or create in the Platform. You grant Qliva a limited, non-exclusive licence to host, process and transmit your Content solely as necessary to provide and improve the Platform.
You are solely responsible for the accuracy, completeness and legality of your Content and for ensuring you have the right to upload any Content to the Platform.
You acknowledge that as a healthcare provider, you are responsible for your clinical decisions, the accuracy of clinical notes and records, and compliance with applicable healthcare regulations including those issued by AHPRA, the TGA, Services Australia and your professional registration body.
We do not claim ownership of any patient health information. Patient health records remain the property of the clinic and, where applicable, the patient under applicable health records legislation.
You are responsible for obtaining all necessary consents from End Patients for the collection, storage and use of their health information in the Platform, and for managing patient access to their own records in accordance with applicable law.
8. AI-Assisted Features
The Platform includes AI-assisted features including consult note drafting, pathology result summarisation and clinical documentation tools ("AI Features"). These features are powered by third-party AI providers including Anthropic's Claude API.
AI Features are provided as tools to assist Authorised Users and are intended to support — not replace — the professional clinical judgement of registered healthcare practitioners.
All AI-generated content is presented as a draft for review. No AI-generated content is automatically applied to a patient record or used to make clinical decisions without human review and sign-off by an Authorised User.
You must not rely solely on AI Feature outputs for any clinical decision. You and your Authorised Users remain solely responsible for all clinical decisions, diagnoses, treatment plans and prescriptions made using the Platform.
Qliva makes no warranty that AI Feature outputs are accurate, complete or clinically appropriate for any given patient situation. AI Features are not regulated medical devices and are not intended to constitute clinical advice.
By using AI Features, you consent to relevant de-identified or pseudonymised Content being processed by our AI provider to generate the requested output.
9. Acceptable Use
You must use the Platform only for lawful purposes and in accordance with these Terms. You must not:
(a) use the Platform in any way that violates any applicable Australian or international law or regulation, including the Privacy Act 1988 (Cth), the Health Records Act (where applicable), the Therapeutic Goods Act 1989 (Cth), or AHPRA registration standards;
(b) upload, transmit or distribute any Content that is defamatory, fraudulent, infringing, harmful or otherwise objectionable;
(c) attempt to gain unauthorised access to any part of the Platform or any other system connected to the Platform;
(d) introduce viruses, malware or other harmful code into the Platform;
(e) interfere with or disrupt the integrity or performance of the Platform or data contained therein;
(f) use the Platform to send unsolicited communications (spam) to patients or third parties.
10. Security and Data Sovereignty
Qliva implements industry-standard security measures to protect data on the Platform, including encryption in transit and at rest, row-level security database controls, multi-factor authentication, and regular security audits.
All data is stored in Australia on Supabase infrastructure hosted in the AWS ap-southeast-2 (Sydney) region. We do not store patient data outside Australia except as strictly necessary for specific services listed in our Privacy Policy, and only where adequate protections are in place.
You are responsible for the security of your Authorised Users' credentials and devices used to access the Platform.
You must notify us immediately at security@qliva.com.au if you become aware of any actual or suspected security breach affecting your account or patient data.
11. Platform Availability
We aim to make the Platform available 24 hours a day, 7 days a week, excluding scheduled maintenance windows. We will provide advance notice of planned maintenance where practicable.
We do not guarantee uninterrupted or error-free access to the Platform. Access may be affected by factors outside our control including internet connectivity, third-party service outages and force majeure events.
Our current platform status is available at https://stats.uptimerobot.com/4vBJSgJv7v.
In the event of a critical service disruption, we will communicate updates via email and the status page.
12. Intellectual Property
The Platform, including all software, designs, features, algorithms, documentation and trademarks, is owned by Qliva and protected by Australian and international intellectual property laws.
Nothing in these Terms transfers any intellectual property rights in the Platform to you. Your use of the Platform does not grant you any ownership rights in the Platform.
Feedback, suggestions or ideas you provide about the Platform may be used by Qliva without restriction or compensation to you.
13. Third-Party Services
The Platform integrates with certain third-party services (including Stripe, Resend, ClickSend, Daily.co, Shopify, Garmin, Oura, WHOOP, Withings, Bloody Good Tests and others). Your use of these integrations is subject to the respective third-party terms and privacy policies.
Qliva is not responsible for the availability, accuracy or actions of any third-party services. We do not warrant that any integration will function without interruption.
Where you choose to connect third-party services via the Platform's integrations settings, you represent that you have the right to share the relevant data with that third party and that doing so complies with applicable law.
14. Confidentiality
Each party agrees to keep confidential all non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
Confidential information does not include information that: is or becomes publicly known through no breach of these Terms; is rightfully received from a third party without restriction; is independently developed without use of the other party's confidential information; or is required to be disclosed by law or court order (in which case the disclosing party will give prompt notice to the other party where legally permitted).
Patient health information is treated as strictly confidential and will only be disclosed as described in our Privacy Policy or as required by law.
15. Limitation of Liability
To the maximum extent permitted by applicable law, Qliva's total aggregate liability to you for all claims arising under or in connection with these Terms (whether in contract, tort, negligence, breach of statutory duty or otherwise) will not exceed the total fees paid by you to Qliva in the 12 months immediately preceding the event giving rise to the claim.
To the maximum extent permitted by law, Qliva will not be liable for any indirect, incidental, special, consequential, punitive or exemplary losses or damages, including loss of profits, loss of data, loss of goodwill, business interruption, or personal injury arising out of or in connection with the Platform, even if advised of the possibility of such damages.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited. If Qliva is liable to you under any non-excludable statutory guarantee, our liability is limited (to the extent permitted by law) to re-supplying the relevant services.
Qliva expressly disclaims any liability arising from your clinical decisions, prescribing practices, regulatory compliance obligations or the professional conduct of your practitioners. The Platform is a tool to assist clinical administration — it does not replace professional clinical judgement.
16. Indemnification
You agree to indemnify, defend and hold harmless Qliva, its officers, directors, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: your use of the Platform; your Content; your breach of these Terms; your violation of applicable law; or any claim by a third party (including End Patients) arising from your clinical practice.
17. Suspension and Termination
We may suspend or terminate your access to the Platform immediately and without notice if: you breach these Terms in a material way; we are required to do so by law; your subscription payment fails after the grace period; or we reasonably believe your account is being used fraudulently or for unlawful purposes.
You may terminate your subscription at any time via your account settings. Termination takes effect at the end of your current billing period.
Upon termination: your licence to use the Platform ends; you must cease using the Platform; and we will retain your data for 90 days to allow you to export it. After 90 days, data will be permanently deleted except where retention is required by law.
Provisions of these Terms that by their nature should survive termination will survive, including Sections 7, 12, 14, 15, 16 and 19.
18. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you via email and display a notice in the Platform at least 14 days before the changes take effect.
Your continued use of the Platform after the effective date of updated Terms constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform and may cancel your subscription.
19. Governing Law and Disputes
These Terms are governed by the laws of Victoria, Australia. You and Qliva submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia for the resolution of any dispute.
Before commencing formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct negotiation. Either party may initiate this process by sending written notice of the dispute to the other party.
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court.
20. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy and any applicable order forms, constitute the entire agreement between you and Qliva and supersede all prior agreements relating to the Platform.
Severability: If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Waiver: A failure or delay by Qliva to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Qliva may assign these Terms in connection with a merger, acquisition or sale of substantially all of our assets, with notice to you.
Force Majeure: Neither party is liable for delays or failures in performance caused by circumstances beyond its reasonable control, including natural disasters, government actions, telecommunications failures or acts of third parties.
Notices: Notices to Qliva should be sent to support@qliva.com.au. We will send notices to you at the email address associated with your account.
Questions about these Terms? Our team is happy to help.