ProxiBlue Voice Booking Agent — Terms of Service
Version 1.0 — Effective 26 July 2026
IMPORTANT — READ CAREFULLY BEFORE SIGNING UP. These terms create a binding contract between you and ProxiBlue. By clicking "I agree" during onboarding, by paying an invoice, or by using the Service, you agree to these terms on behalf of yourself and your business.
These terms include a limitation of liability that caps ProxiBlue's total responsibility at the fees you have paid us. If your business cannot accept that cap, do not sign up.
1. Definitions
- ProxiBlue / we / us / our — ProxiBlue (ABN 30 550 620 048), the operator of the Service.
- Client / you / your — the business entity signing up for the Service.
- Service — the ProxiBlue voice-AI booking agent, including inbound call handling, the AI conversation layer, integrations with Cliniko and the voice AI, telephony, and payment platforms ProxiBlue engages to deliver the Service, the client dashboard, and any related software or documentation supplied by ProxiBlue.
- AI — the large-language-model based conversational system that speaks with your callers.
- Third-Party Services — the voice AI platform, telephony/SIP carrier, payment processor, and cloud hosting provider engaged by ProxiBlue to deliver the Service, your connected practice management system (Cliniko), and any other external system on which the Service depends.
- Client Data — patient records, appointments, call recordings, transcripts, and any other data flowing through the Service on your behalf.
- Fees — the amounts you pay ProxiBlue under your active subscription, excluding pass-through third-party charges.
2. The Service — what it is and what it is not
2.1 The Service places AI-driven conversations with your callers on your behalf, and mutates data in your connected Cliniko workspace (creating patients, booking appointments, rescheduling, and cancelling appointments) in response to those conversations.
2.2 The Service is a software product, not a medical service, a professional receptionist, a legal advisor, or a health advisor. The AI cannot triage medical emergencies. Callers with an emergency must be redirected to appropriate emergency services (000 in Australia).
2.3 The Service is not a substitute for human oversight. You are expected to monitor call activity, review booking outcomes, and correct errors promptly.
3. AI limitations — express acknowledgement
By signing up you expressly acknowledge and accept the following as inherent characteristics of the Service, not defects:
3.1 Hallucination. The AI can generate confident-sounding output that is factually incorrect, invented, or contradicted by your real data. This is a known limitation of all large-language-model systems and cannot be eliminated. To limit this, ProxiBlue's AI runs a loop-until-pass verification system that re-checks the information captured on each call before it is acted on.
3.2 Misinterpretation. The AI may mishear names, dates, phone numbers, or intents due to speech-to-text errors, accents, background noise, poor connections, homophones, or ambiguous phrasing. To limit this, ProxiBlue's AI runs a loop-until-pass verification system that re-checks the information captured on each call before it is acted on.
3.3 Non-determinism. Two callers saying the same thing may receive different responses. The same caller in two sessions may receive different responses. The AI's behaviour is probabilistic.
3.4 Prompt injection / social engineering. A caller may attempt to manipulate the AI with adversarial phrasing. We take reasonable technical measures to resist this but cannot guarantee immunity.
3.5 Missed or dropped calls. The Service may fail to answer a call, drop a call mid-conversation, or fail to complete a booking due to third-party outages, network issues, or AI errors.
3.6 Silent failures. An error may cause the AI to appear to complete a task successfully while no change has actually been made in Cliniko, or vice versa.
3.7 Data staleness. The AI reads Cliniko at call time; if Cliniko is briefly unavailable or returns stale data, the AI may act on out-of-date information.
You accept these characteristics as the ordinary operating condition of the Service. Occurrences of any of the above are not, on their own, a breach of these terms.
4. Your responsibilities
4.1 Cliniko accuracy. You are solely responsible for the accuracy and currency of the data in your Cliniko workspace (appointment types, practitioner schedules, availability windows, patient records, appointment durations, blocked periods). The AI acts on what Cliniko says.
4.2 Monitoring. You must monitor bookings made via the Service on at least a daily basis and correct any errors promptly. Waiting until a patient turns up to a wrong appointment is your risk, not ours. Where you identify and report an error, ProxiBlue will work with you to determine why it happened and adjust the AI to try to prevent re-occurrences.
4.3 Staff training. You must inform your staff that inbound calls are handled by an AI, that calls are recorded, and how to override or correct AI-created bookings.
4.4 Recording notice compliance. Australian call-recording laws vary by state. You are responsible for ensuring your call-answering greeting and privacy policy comply with the applicable state law in your jurisdiction. ProxiBlue provides a default recording notice in the greeting; you may not disable it.
4.5 Privacy compliance. You are the "APP entity" for patient data under the Australian Privacy Act 1988 and are responsible for meeting your notification, consent, and breach-reporting obligations. ProxiBlue processes patient data as your service provider under your direction.
4.6 Emergency triage. You must display prominent guidance to callers with emergencies (via your website, on-hold message, or otherwise) telling them to call 000. The AI is not equipped to handle medical emergencies.
4.7 Timely fault reporting. If you notice a systemic AI issue, you must report it to ProxiBlue within 7 days of first noticing it. Failure to report promptly may reduce or extinguish any remedy under clause 6.
4.8 Credentials security. You must protect any credentials, PIN codes, or activation phrases we issue to you. Disclosure of these to unauthorised parties is your responsibility.
5. Warranty disclaimer
5.1 Except for warranties that cannot be excluded under Australian law (see clause 7), the Service is provided "as is" and "as available". ProxiBlue makes no warranty that:
- the Service will be uninterrupted, error-free, or free from AI errors;
- the Service will meet your specific business requirements;
- results obtained from the Service will be accurate or reliable;
- any specific level of accuracy, uptime, or throughput will be achieved.
5.2 The AI is not warranted to produce any particular outcome, correctly interpret any particular utterance, or successfully complete any particular booking.
6. Limitation of liability — the essential clause
6.1 Cap. To the maximum extent permitted by law, ProxiBlue's total aggregate liability to you for all claims arising out of or in connection with these terms or the Service, whether in contract, tort (including negligence), under statute, or on any other basis, is limited to a refund of the Fees you have paid to ProxiBlue in the 3 months immediately preceding the event giving rise to the claim. No liability beyond this cap will be accepted by ProxiBlue under any circumstance permitted by law to be excluded.
6.2 Excluded loss. Without limiting clause 6.1, ProxiBlue will not be liable for:
- lost revenue, lost profits, lost bookings, or lost patients;
- lost, corrupted, misfiled, incorrectly rescheduled, incorrectly cancelled, or double-booked appointments;
- lost, incorrect, or fabricated patient data written by the AI to Cliniko;
- any consequence of a call being missed, dropped, or answered incorrectly;
- any consequence of the AI hallucinating, misinterpreting, or misrouting a call;
- reputational damage, brand damage, patient dissatisfaction, or patient complaints arising from AI behaviour;
- any regulatory fine, sanction, or investigation cost arising from your use of the Service;
- data loss caused by Third-Party Service outages;
- indirect, incidental, special, consequential, exemplary, or punitive damages of any kind;
- loss of goodwill, loss of opportunity, or wasted expenditure.
6.3 Refund is your sole remedy. Your sole and exclusive remedy against ProxiBlue for anything relating to the Service — including all forms of AI error described in clause 3, all silent failures, all booking mistakes, all data-writing errors, and all downtime — is a refund of Fees under clause 6.1, and nothing more.
6.4 Refund does not admit fault. Payment of a refund under this clause is not an admission of liability, negligence, or breach.
6.5 Basis of the bargain. You acknowledge that the Fees reflect this limitation of liability and that ProxiBlue would not offer the Service at these Fees without it. If any court or tribunal finds any part of this clause unenforceable, the remaining parts continue in effect.
7. Non-excludable statutory rights (Australian Consumer Law carve-out)
7.1 Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted, or modified.
7.2 Where the Service is provided to you as a "consumer" within the meaning of the Australian Consumer Law and a consumer guarantee applies that cannot be excluded, ProxiBlue's liability for a failure to comply with that guarantee is (to the maximum extent permitted) limited, at ProxiBlue's option, to:
- supplying the Service again; or
- paying the cost of having the Service supplied again.
7.3 You confirm that you are acquiring the Service for the purposes of a business, trade, or profession (not for personal, domestic, or household use).
8. Data — ownership, use, and retention
8.1 Ownership. You own your Cliniko data. Call recordings and transcripts generated by the Service are jointly held: you have full access; ProxiBlue may retain and use them for the purposes set out in clause 8.2.
8.2 ProxiBlue's use of Client Data. ProxiBlue may use Client Data (including call recordings and transcripts):
- to operate, maintain, and support the Service;
- to investigate and resolve technical faults;
- to improve the accuracy and reliability of the Service, including by evaluating AI performance on real transcripts;
- to comply with legal obligations, court orders, or regulatory requests;
- in de-identified and aggregated form only, for benchmarking and product development.
8.3 No re-sale. ProxiBlue will not sell Client Data to third parties.
8.4 Retention. ProxiBlue retains call recordings and transcripts for 90 days unless a longer retention is required by law or requested by you in writing.
8.5 Post-termination. On termination, ProxiBlue will delete Client Data (except records legally required to be retained for tax, audit, or regulatory purposes) within 90 days.
9. Third-party services
9.1 The Service depends on a voice AI platform, a telephony/SIP carrier, your connected practice management system (Cliniko), a payment processor, and a cloud hosting provider. These services are operated by independent third parties.
9.2 ProxiBlue is not responsible for outages, defects, data loss, price changes, feature removals, or terms-of-service changes at any Third-Party Service.
9.3 You are responsible for maintaining your own Cliniko subscription in good standing and providing ProxiBlue with a valid API key. Loss of Cliniko access breaks the Service and ProxiBlue has no liability for that loss.
10. Fees, payment, and taxes
10.1 Fees are charged monthly in advance via our nominated payment processor. Usage-based components (per-call, per-minute, per-SMS) are charged in arrears based on ProxiBlue's records.
10.2 ProxiBlue's records of Service usage are conclusive absent manifest error.
10.3 Fees are in AUD unless otherwise stated. GST is added where applicable.
10.4 Late payment: Fees more than 14 days overdue may result in suspension of the Service without further notice. Reinstatement may attract a reactivation fee.
10.5 No refund is payable for partial months, unused capacity, or if you terminate mid-cycle (except as required by clause 7).
11. Term and termination
11.1 The agreement runs month-to-month unless a separate written agreement specifies a fixed term.
11.2 Either party may terminate for convenience on 30 days' written notice.
11.3 ProxiBlue may terminate immediately, without refund, if:
- you materially breach these terms and do not cure within 14 days of notice;
- you use the Service in a manner that puts ProxiBlue's Third-Party Service accounts at risk of suspension;
- you fail to pay Fees for more than 30 days;
- your continued use of the Service creates a legal or regulatory risk for ProxiBlue.
11.4 Termination does not affect accrued Fees or liabilities.
12. Confidentiality
12.1 Each party will keep the other party's confidential information confidential and use it only to perform its obligations under these terms.
12.2 Client Data is your confidential information. Fees, service metrics, and ProxiBlue technical documentation are ProxiBlue confidential information.
13. Intellectual property
13.1 ProxiBlue owns all intellectual property in the Service, including the AI prompts, tool descriptions, dashboards, and code. Nothing in these terms transfers that ownership to you.
13.2 You retain all intellectual property in Client Data.
13.3 You grant ProxiBlue a non-exclusive licence to use Client Data for the purposes described in clause 8.2 for the term of these terms and for the retention periods stated in clause 8.
14. Indemnity
14.1 You will indemnify ProxiBlue against any claim, loss, or damage suffered by ProxiBlue arising out of:
- your breach of these terms;
- your breach of any law (including the Privacy Act 1988 or the Australian Consumer Law);
- your use of the Service to contact any person who has not consented to be contacted;
- inaccurate, out-of-date, or unlawful Client Data supplied by you.
14.2 ProxiBlue's own indemnity to you is limited by clause 6.
15. Force majeure
Neither party is liable for failure to perform obligations caused by events beyond its reasonable control, including third-party outages, government action, natural disasters, pandemics, industrial action, or internet infrastructure failure. This does not excuse payment obligations.
16. Changes to these terms
16.1 ProxiBlue may amend these terms on 30 days' notice via email to the address you nominated at signup or notice on the client dashboard.
16.2 If you do not accept an amendment, your sole remedy is to terminate under clause 11.2 before the amendment takes effect. Continued use of the Service after the amendment takes effect is acceptance.
17. Governing law and disputes
17.1 These terms are governed by the laws of Western Australia, Australia.
17.2 The parties will attempt in good faith to resolve any dispute by written negotiation, escalating to mediation (before a mediator agreed between the parties, or nominated by the Law Society of Western Australia) before commencing court proceedings, except where urgent injunctive relief is required.
17.3 The parties submit to the exclusive jurisdiction of the courts of Western Australia.
18. General
18.1 Entire agreement. These terms are the entire agreement between the parties and supersede all prior discussions, quotes, and representations.
18.2 No waiver. A failure to enforce any term is not a waiver of that term.
18.3 Severability. If any term is found unenforceable, the remaining terms continue in effect.
18.4 Assignment. You may not assign these terms without ProxiBlue's written consent. ProxiBlue may assign on notice to you.
18.5 Notices. Notices to ProxiBlue must be sent to sales@proxiblue.com.au. Notices to you will be sent to the email you nominated at signup.
18.6 Survival. Clauses 4.5, 5, 6, 7, 8, 12, 13, 14, and 17 survive termination.
Contact: sales@proxiblue.com.au Effective date: 26 July 2026 ABN: 30 550 620 048