Terms & Conditions

Terms and Conditions for use of CoTreat

Thank you for using CoTreat.

The Terms

1. CoTreat Pty Ltd (ABN 92 638 604 190) (we, us or our) is the owner and operator of the CoTreat AI software, reporting and management services and associated technologies (Platform).

2. Our Platform, through artificial intelligence and human verifiers helps users of the Platform (Users) identify dental pathologies and improve patient’s dental experience. Users may be a dentist or dental practice (Dentist User) or a patient (Patient).

3. Please read through the following terms and conditions (Terms). The Terms will form an agreement between you and us which will govern your use of the Platform.

4. By accessing our Platform you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms.

5. Failure to comply with these Terms may result in termination, suspension or restriction of your access to the Platform without notice in our absolute discretion.

6. If you disagree with any of these Terms, please do not use the Platform.

Privacy

7. Our privacy policy forms part of these Terms. Our privacy policy can be found at https://cotreat.helpscoutdocs.com/article/6-privacy-policy

8. You warrant that if you provide personal information of any other individuals through the Platform, you have obtained all necessary consents to provide this information under applicable privacy laws. Without limiting the remainder of this clause and your obligations under privacy laws, if you are a Dentist User we may provide you with example wording that you can incorporate into your consent forms and/or privacy statements for use with Patients.

Intellectual Property

9. Unless expressly stated otherwise, we are the sole owner of all data, records, works, and any other materials created, developed, subsisting or used in or in connection with the Platform (not including any third party apps or websites) and any intellectual property subsisting in such materials, whether or not you contribute to such materials. Notwithstanding the remainder of this clause, nothing in these Terms affects the existing ownership rights of medical records or other health information which a Dentist User or Patient holds independently of the Platform.

10. To the extent that it is not covered by the above paragraph, we are the sole owner of any data, records, works, and any other materials created by the Platform as a result of artificial intelligence, machine learning algorithms or otherwise.

11. Except to the extent permitted by the ‘Limited Licence’ in these Terms below, or as required under law, the Platform must not be accessed, used, republished, reproduced, copied, sold, modified, or otherwise exploited (in full or in part), without our express written consent.

Limited Licence (Dentist Users)

12. If you are a Dentist User we grant you a limited, revocable, and non-exclusive licence to access and use the Platform and its outputs specific to the Dentist User (Limited Licence). The rights granted to Dentist Users by the Limited Licence are personal, and are intended to allow you to access and use the Platform for the purposes of assisting a health professional to identify dental pathologies and communicating a health professional’s treatment plan to the patient. Dentist Users must not access or use the Platform for any other purpose, including commercial purposes.

Use of the Platform

13. You acknowledge and agree that:

(a) the Platform only facilitates the provision of information to the treating health professional that may assist the treating health professional in their own professional practise;

(b) the Platform is not be used as a substitute for an assessment, diagnosis and treatment by a health professional;

(c) the Platform does not replace, take on or detract from any of the professional responsibilities and/or duties of a health professional or practice;

(d) you are responsible for assessing the accuracy of the information provided by the Platform;

(e) you use the Platform and the information provided to you through the Platform at your own risk; and

(f) you will not make any part of the Platform available as part of another application, software or website in any manner without our express written consent.

14. If you are a Dentist User, you warrant that you are authorised to install and use the Platform in the practice location(s) and using such equipment or devices where this occurs, and that you have obtained all necessary consents for this purpose. You agree to indemnify us and hold us harmless against any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with any breach by you of these warranties. You also agree:

(a) to do anything we reasonably request to confirm the warranties provided in this clause, including procuring and providing to us the written approval of the owner(s) of the practice to which the location(s), equipment or devices where the Platform is installed relate; and

(b) if you are the owner(s) of the practice to which the location(s), equipment or devices where the Platform is installed relate, you approve of this installation.

15. Our Platform facilitates communication with patients and dentists. You must ensure that any information entered into the Platform is true and accurate. You are responsible for any communication made through the Platform.

16. You must not use any device, application, other software, item or equipment, or take any action, which does or may affect the operation of the Platform.

Accounts

17. If you create an account for use of the Platform (Account), you are responsible for any activities of that Account and maintaining the security of the Account.

18. If you create an Account for any person/s other than you, you warrant that you have obtained such person’s prior consent to create an Account for them and to provide their personal information via the Platform for this purpose.

19. If you suspect your Account may be vulnerable to or has been subject to unauthorised use you must notify us immediately.

Patient users

20. The Platform may include functionality to enable Patients to communicate with their treating health professional or practice, and vice versa. If this functionality is available in the version of the Platform that you are using the following subclauses apply:

(a) The Platform is intended to provide Patients with a convenient, transparent and accessible healthcare experience, by facilitating communication with their treating health professional or practice.

(b) We are not providing a health service directly to Patients, and the Platform only facilitates the provision of information to the treating health professional that may assist the treating health professional in their own professional practise, and their provision of health services to Patients.

(c) You acknowledge that we are not responsible for any health services or advice provided by any health professional and we do not make any representations about their expertise or the suitability of any services or advice provided, or not provided.

(d) Any treatment plans for a Patient will be prepared by their health professional. The health professional is independent from CoTreat. We do not make any warranties or representation regarding the quality or accuracy of the information provided in such treatment plans.

21. If you provide information to a third party through the Platform (whether you are a Patient or any other User), we are in no way responsible nor liable to you for any third party’s handling of your personal information. Before you provide your information to any third party, you should familiarise yourself with any privacy policies of that third party.

Third party information

22. We may provide links to or information from third party applications or websites through the Platform (Third Party Information). We do not endorse, and we are in no way responsible nor liable for the content of any Third Party Information. Further, we do not claim that any Third Party Information is accurate.

23. You are responsible for assessing the relevance and accuracy of the Third Party Information. Linked third party applications or websites may have their own terms and conditions of use, and you should familiarise yourself with those terms and conditions when using such third party applications or websites.

Limitation of Liability

24. We do not make any warranties or representations regarding the quality or accuracy of information provided through the Platform.

25. To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with your use of the Platform or in connection with any information contained in the Platform.

26. If you are a Patient, to the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with the provision of health services or any other conduct or activities of health professionals (including in respect of the standard of any health services provided, and the handling of personal information).

27. We are not responsible for the deletion or otherwise unavailability of information or functionality contained in or accessed through the Platform.

28. To the extent permitted by law, you agree to indemnify us and hold us harmless against any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with: any breach by you of these Terms; any information provided by you or a third party which is provided, contained in, or accessed through the Platform; and any breach by you of any applicable law or the rights of a third party (including any third party intellectual property rights).

Subscription fees (Dentist Users)

29. CoTreat monthly or annual subscription fees for Dentist Users to use the Platform will be confirmed upon the Dentist User agreeing a separate commercial agreement with CoTreat (which will also incorporate these Terms). Payments of the subscription fees will be processed via Stripe (see stripe.com/au), or another third party payment gateway provider notified to you at the time of transaction. The following terms will also apply:

(a) All subscription fees must be paid in advance. The applicable fees will be billed automatically at the start of the relevant billing period. These fees will automatically renew until you cancel your subscription by contacting CoTreat, as detailed in these Terms below. Our privacy policy describes the management of personal information we hold and relevant retention periods we must abide by under law, in the event of cancellation of your subscription.

(b) We reserve the right to change the subscription fees at any time by providing you with reasonable advance notice of any such change (but in any case, no less than 28 days’ notice). Subject to applicable law, you agree to accept any changes to the subscription fees by continuing to use the Platform after the price change takes effect. If you do not agree with the changes to fees, you may reject the change by cancelling your subscription prior to the change taking effect, and if you have paid subscription fees for any period which extend beyond the date the change takes effect you will receive a prorata refund of those fees for that period.

30. All subscriptions to the Platform will be provided in accordance with the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) and other applicable law.

Cancellation of Subscription

31. Subscriptions may be cancelled as follows:

(a) either party may cancel your subscription at the end of the current subscription period (end date) as set out in your commercial agreement with CoTreat (e.g., monthly or annual), by providing the other party with at least 7 days’ notice of termination prior to that end date;

(b) you may cancel your subscription prior to the end date of the current subscription period by providing us with at least 7 days’ notice, but you will remain liable for the subscription fees for the whole current subscription period and will not be entitled to a refund, unless the cancellation is due to our material breach of these Terms;

(c) cancellation of your subscription in the above circumstances will take effect at the end of your current subscription period;

(d) if you wish to cancel your subscription, please notify us in writing by post or email using our contact details in your commercial agreement with CoTreat, or through our website; and

(e) your subscription may be cancelled immediately by us if we become aware that you have ceased practising at the practice location at which the instance of the Platform is installed, or you are otherwise no longer authorised to install and use the Platform at that practice location. You must notify us as soon as practicable if such circumstances arise, and if you have paid subscription fees for any period which extend beyond the termination date you will receive a prorata refund of those fees for that period.

Platform Updates

32. We may from time to time modify or make new features or functionality for the Platform, including but not limited to patches and fixes for security, error correction and workarounds, and new version releases (Platform Changes).

33. Any Platform Changes which are required in order to address any security issue, error, vulnerability or critical functionality issue which we identify, and which do not materially affect the functionality or scope of services provided by the Platform, are 'Platform Fixes'. We may apply Platform Fixes at any time in our absolute discretion and we will provide you with notice of any Platform Fixes applied as soon as reasonably practicable.

34. Any Platform Changes which are not Platform Fixes but are a new version of or improvement to the Platform, or any other changes which materially affect the functionality or scope of services provided by the Platform, are 'Platform Updates'. We will provide you with reasonable advance notice of any Platform Updates being applied to the Platform, but in any case, no less than 28 days' notice (Update Notice Period), after which the Platform Update will be applied. If you do not wish to continue using the Platform with the relevant Platform Update, you may cancel your subscription by contacting CoTreat at any time during the Update Notice Period. If you cancel your subscription the cancellation will take effect at the end of the Update Notice Period, and if you have paid subscription fees for any period which extend beyond the Update Notice Period you will receive a prorata refund of those fees for that period. You may renew your subscription at any time after that, but this will be with the latest version of the Platform including any Platform Fixes and Platform Updates applied to that time.

Updates to these Terms

35. We may from time to time amend or update these Terms at any time by publishing new Terms on the Platform. You are bound by any such new Terms where you continue to use the Platform after any such amendment or update of the Terms. You are responsible for reviewing the Platform periodically to check for any amendment or update of the Terms.

Miscellaneous

36. Any provision of these Terms which is found to be invalid or unenforceable must be read down, if possible, so far as to be valid and enforceable, and if that is not possible, the provision must, to the extent that it is capable, be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.

37. These Terms are governed by the laws of the State of Victoria, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

38. If you access or use the Platform in the capacity of an authorised representative of another person or entity, you acknowledge and agree that you are legally authorised to bind that other person or entity to these Terms.

Beta Version

39. The version of the Platform you are using is not the final version.

40. Without limiting the provisions of these Terms, you acknowledge and agree that:

(a) the software in this version of the Platform is not in a final form ready for general release, and it may not operate correctly with respect to its functionality, accuracy or appropriateness of the information provided, or otherwise;

(b) this Beta version of the Platform is provided ‘as is’ without warranty of any kind, express or implied, to the extent permitted by law;

If you have any questions regarding these terms, please contact us at [help@CoTreat.com.au].

Version number 20.08.25

3469-3346-1566, v. 1