Terms and Conditions

OTBUILDER – TERMS AND CONDITIONS
Last updated: [21/03/2026]
These Terms and Conditions (“Terms”) govern your access to and use of Otbuilder (the “Service”), operated by Otbuilder Pty Ltd (ACN [696 116 391]) (“we”, “us”, “our”).
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Definitions
In these Terms:
Service means the Otbuilder web-based software platform.
User means any person or entity accessing the Service.
Clinician means a qualified health professional using the Service.
Content means any data, text, information or material uploaded, created or generated through the Service.
Subscription means a paid plan providing access to the Service.

2. Eligibility
You must:
Be at least 18 years old; and
Be a qualified health professional or authorised representative of a healthcare organisation.
By using the Service, you warrant that you meet these requirements.

3. Account Registration
You are responsible for:
Maintaining the confidentiality of your login details;
All activity that occurs under your account;
Ensuring information, you provide is accurate and up to date.
We are not responsible for unauthorised access caused by your failure to secure your account.

4. Licence to Use
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal professional purposes only.
You must not:
Copy, reproduce, resell or redistribute any part of the Service;
Reverse engineer or attempt to extract source code;
Use the activity database outside the Service;
Create derivative products based on our content.
All intellectual property rights remain our property.

5. Clinical Disclaimer (Critical Clause)
Otbuilder does not provide medical, therapeutic, diagnostic or clinical advice.
The Service is a clinical support and productivity tool only.
You acknowledge and agree that:
All programs generated using Otbuilder must be reviewed and approved by a qualified clinician before use;
You retain full professional responsibility for all clinical decisions, interventions and outcomes;
We are not responsible for patient care, treatment decisions or clinical results.
You use the Service at your own professional discretion and risk.

6. Safety and Use of Activities
All activities and content provided in the Service are:
General examples only;
Not suitable for every individual or condition.
You are responsible for:
Assessing suitability for each client;
Monitoring safety and response;
Discontinuing any activity that causes pain, distress or harm.

7. User Responsibilities
You agree to:
Use the Service lawfully and ethically;
Ensure all generated programs are clinically appropriate;
Maintain confidentiality of any client information;
Comply with all applicable professional standards, laws and regulations.

8. Subscriptions, Fees and Billing
Access to Otbuilder requires a paid Subscription.
Unless otherwise stated:
Subscriptions are billed in advance;
Fees are non-refundable except where required by law;
Subscriptions renew automatically unless cancelled before the renewal date;
You may cancel your subscription at any time, with cancellation taking effect at the end of the current billing period;
We may suspend or terminate access for non-payment.
We may change pricing with reasonable notice.

9. User Content
You retain ownership of any Content you upload or create.
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, display and process your Content solely for the purpose of operating and improving the Service.
You warrant that you have all necessary rights to upload and use the Content.

10. Intellectual Property
All rights in Otbuilder, including:
Software
Activity database
Templates
Branding
are owned by us or our licensors.
Nothing in these Terms transfers any ownership to you.

11. Prohibited Conduct
You must not:
Attempt to gain unauthorised access to the Service;
Interfere with system integrity or security;
Use the Service for unlawful purposes;
Scrape, copy or harvest data;
Misrepresent yourself or your qualifications.

12. Service Availability
We aim to provide reliable access but do not guarantee that the Service will be uninterrupted, secure or error free.
We may modify, suspend or discontinue any part of the Service at any time without liability.

13. Limitation of Liability
To the maximum extent permitted by law:
We exclude all liability for any indirect, incidental or consequential loss;
We do not warrant that the Service will be error free, accurate or suitable for your specific needs;
We are not liable for clinical outcomes, injuries or treatment decisions arising from use of the Service;
Our total liability is limited to the fees you paid for the Service in the 12 months preceding the event giving rise to the claim.
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law.

14. Indemnity
You agree to indemnify and hold harmless Otbuilder Pty Ltd from and against any claims, losses, damages or expenses arising from:
Your use of the Service;
Your clinical decisions or services;
Your breach of these Terms.

15. Termination
We may suspend or terminate your access if you breach these Terms.
You may cancel your Subscription at any time.
On termination, your licence to use the Service ends immediately.

16. Privacy
Any personal information is handled in accordance with our Privacy Policy.

17. Changes to Terms
We may update these Terms from time to time.
Where changes are material, we will take reasonable steps to notify users.
Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
You submit to the exclusive jurisdiction of the courts of New South Wales.