Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and GDAYPROFESSIONALSGROUP Pty Ltd (ABN: 31125764074 ) ("GDAYAI", "Company", "we", "us", or "our"), governing your access to and use of our Services, including but not limited to VetApps, PhysioApps, and any other software applications, websites, and services we provide (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of our Services.

2. Eligibility and Account Registration

2.1 Eligibility

To use our Services, you must:

• Be at least 18 years of age;
• Have the legal capacity to enter into binding contracts;
• Not be prohibited from using our Services under applicable laws;
• If using professional features, hold valid professional credentials in your jurisdiction;
• Provide accurate, current, and complete registration information.

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials;
• All activities that occur under your account;
• Immediately notifying us of any unauthorized use or security breach;
• Ensuring your account information remains accurate and up-to-date.

3. License Grant and Restrictions

3.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for their intended purposes and in accordance with these Terms.

3.2 License Restrictions

You shall not:

• Copy, modify, or create derivative works of our Services;
• Reverse engineer, disassemble, or decompile any part of our Services;
• Remove, alter, or obscure any proprietary notices;
• Use our Services for any unlawful purpose or in violation of any laws;
• Interfere with or disrupt the integrity or performance of our Services;
• Attempt to gain unauthorized access to any systems or networks;
• Use automated systems or software to extract data from our Services;
• Resell, sublicense, or distribute our Services without written authorization;
• Use our Services to compete with us or build competitive products;
• Upload or transmit viruses, malware, or harmful code.

4. Healthcare and Professional Use Disclaimer

By using our Services for healthcare purposes, you acknowledge and agree that:

• Our Services are aids only and do not replace professional judgment;
• You remain solely responsible for all clinical decisions and patient care;
• AI-generated content may contain errors and must be verified;
• You will comply with all applicable healthcare laws and regulations;
• You will maintain appropriate professional liability insurance;
• Our Services are not intended for emergency or life-threatening situations;
• You will not rely solely on our Services for critical healthcare decisions.

5. AI Services Disclaimer

Our Services utilize artificial intelligence and machine learning technologies. You acknowledge that:

• AI-generated content may be inaccurate, incomplete, or inappropriate;
• AI systems can exhibit unpredictable behavior or biases;
• Output quality depends on input quality and context;
• AI suggestions are not guaranteed to be error-free or suitable;
• You must independently verify all AI-generated content;
• We are not liable for decisions made based on AI output;
• AI capabilities and accuracy may vary and change over time.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All intellectual property rights in our Services, including software, designs, trademarks, logos, and content, are owned by or licensed to GDAYAI. These Terms do not grant you any rights to our intellectual property except as expressly provided.

6.2 Your Content

You retain ownership of content you submit to our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and display such content solely for providing and improving our Services.

6.3 Feedback

Any feedback, suggestions, or ideas you provide about our Services become our property and may be used without compensation or attribution to you.

7. Payment Terms

7.1 Fees and Billing

Certain Services require payment of fees. By subscribing to paid Services:

• You authorize us to charge your payment method;
• You agree to pay all applicable fees plus GST;
• Fees are non-refundable except as required by law;
• We may change fees with 30 days' notice;
• You are responsible for all taxes (excluding our income tax).

7.2 Subscription Auto-Renewal

Subscriptions automatically renew unless cancelled before the renewal date. You may cancel at any time, with cancellation effective at the end of the current billing period.

8. LIMITATION OF LIABILITY

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE OUR SERVICES;
• DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY;
• DAMAGES RESULTING FROM ANY SERVICES OR PRODUCTS PURCHASED OR OBTAINED THROUGH OUR SERVICES;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR DATA;
• DAMAGES FROM CLINICAL DECISIONS OR PATIENT CARE BASED ON OUR SERVICES;
• ANY OTHER DAMAGES RELATED TO OUR SERVICES.

IN ANY CASE, OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 AUD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GDAYAI, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from:

• Your violation of these Terms;
• Your use or misuse of our Services;
• Your violation of any laws or third-party rights;
• Your User Content;
• Any clinical decisions or patient care you provide;
• Your negligence or willful misconduct.

10. Disclaimers and Warranties

We do not warrant that:

• Our Services will meet your requirements or expectations;
• Our Services will be uninterrupted, secure, or error-free;
• Results obtained from our Services will be accurate or reliable;
• Any errors in our Services will be corrected;
• Our Services are free from viruses or harmful components;
• AI-generated content will be accurate, complete, or appropriate.

11. Data Protection and Privacy

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to our collection, use, and disclosure of information as described in our Privacy Policy. You acknowledge that:

• You have obtained all necessary consents for data you submit;
• You will comply with all applicable privacy and data protection laws;
• You will not submit sensitive personal data without proper authorization;
• We may process data internationally with appropriate safeguards;
• Data security is a shared responsibility.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using account settings. Termination does not relieve you of obligations incurred prior to termination.

12.2 Termination by Us

We may suspend or terminate your access immediately, without prior notice or liability, for any reason, including if you breach these Terms.

12.3 Effect of Termination

Upon termination:

• Your right to use our Services ceases immediately;
• We may delete your account and data (subject to legal requirements);
• Provisions that should survive termination will remain in effect;
• You must cease all use of our Services and destroy any downloaded materials.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any legal action, you agree to attempt to resolve disputes informally by contacting us at legal@gdayprofessionalsgroup.com.au. We will attempt to resolve disputes informally for at least 30 days.

13.2 Binding Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration under the Australian Centre for International Commercial Arbitration (ACICA) rules, except you may assert claims in small claims court if eligible.

13.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST US. Disputes must be brought individually.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles. Subject to the arbitration provisions, you consent to the exclusive jurisdiction of the courts of Victoria, Australia.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or Service notification. Your continued use after changes constitutes acceptance. If you disagree with changes, you must stop using our Services.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements you enter with us, constitute the entire agreement between you and GDAYAI.

16.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

16.5 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17. Specific Service Terms

17.1 VetApps

Additional terms for veterinary services:

• Compliance with veterinary practice acts and regulations;
• No substitution for professional veterinary judgment;
• User responsibility for all animal care decisions;
• No emergency veterinary advice provided.

17.2 PhysioApps

Additional terms for physiotherapy services:

• Compliance with physiotherapy regulations and AHPRA requirements;
• No substitution for professional clinical assessment;
• User responsibility for all patient care decisions;
• No diagnosis or treatment recommendations provided.

18. Contact Information