Last updated 6 July 2026
Published by XCITEE Pty Ltd (Zavy 360) · ABN 32 611 931 803 · Governed by the laws of New South Wales, Australia
These Terms of Service ("Terms") govern your access to and use of the Zavy 360 practice management platform and related services ("Services") provided by XCITEE Pty Ltd trading as Zavy 360 ("Zavy 360", "we", "us"). The Services include, without limitation, appointment management, automated patient SMS reminders, reports and clinical notes, and patient communication features. By registering for, accessing or using the Services, or by signing an Order Form that references these Terms, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
Where a signed Order Form exists, these documents apply in the following order of precedence to the extent of any inconsistency: (1) the Order Form; (2) these Terms of Service; (3) the Privacy Policy.
Your participation in the Zavy 360 Services is subject to these Terms. The Zavy 360 Privacy Policy is incorporated by reference and explains how we collect and use information submitted to the Services. By using the Services you indicate that you have read the Privacy Policy and agree to its terms. If you cease to be a customer of Zavy 360, your use of and participation in the Services will terminate.
Your subscription is established either by signing an Order Form that references these Terms or by registering for and using the Services. The Order Form records the plan, Practitioner licence count, fees, term, start date, renewal basis and notice period specific to your account. Where a signed Order Form exists, these documents apply in the following order of precedence to the extent of any inconsistency: (1) the Order Form; (2) these Terms of Service; (3) the Privacy Policy.
You are solely responsible for your conduct and your data related to the Services. You warrant that you have all rights, licences, authorisations and consents required to use the Services, including in respect of your data. You agree to use the Services only in accordance with these Terms and applicable laws. You must not (and must ensure your Authorised Users do not):
You are solely responsible for the accuracy, quality and legality of all data entered or uploaded to the Services. You are responsible for training your staff, configuring settings, workflows and automations correctly, and verifying all outputs before relying on them. You are responsible for your own clinical, operational and privacy compliance. Zavy 360 is not responsible for clinical decisions or outcomes; all clinical and operational decisions remain solely with you as the customer.
Zavy 360 Services may range from wholly new product lines to changes to existing product features. By agreeing to and complying with these Terms we grant you a non-exclusive, revocable, non-transferable, limited licence to use the Services for your personal use or internal business purposes only.
From time to time Zavy 360 may share information regarding planned features, product updates, development roadmaps or potential functionality. Any such information is provided for informational purposes only and does not constitute a commitment or guarantee that any feature will be released. Purchasing decisions should not be made in reliance on future features not currently part of the Services.
The Services are provided on an "as is" and "as available" basis. Zavy 360 does not guarantee uninterrupted access, error-free performance, compatibility with all devices or browsers, or integration stability with external systems. Zavy 360 will endeavour to make the Services available 24 hours a day, seven days a week; however the Services may occasionally be unavailable during planned or unscheduled maintenance, unexpected outages, or due to cloud provider or internet issues. Such interruptions do not constitute a breach of these Terms.
THE SERVICES MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, AND ANY DAMAGE TO EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
Support is available through Zavy 360 support staff during Business Hours (Monday to Friday AEST 8am to 7pm). Communications received outside Business Hours will be responded to at the commencement of the next Business Day. We will use reasonable endeavours to provide support in a timely manner. You must cooperate with Zavy 360 and provide any related information reasonably requested by us.
To use the Services you must be a registered user with internet access. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your password and account details secure and for all activities conducted through your account. You must contact us immediately if you believe someone has gained unauthorised access to your account. You are required to maintain up-to-date anti-virus and security software providing adequate protection against viruses, spyware, malware, phishing and other cyber threats.
Authorised Users means you (if an individual), your officers, employees or contractors expressly invited by you to use the Services. You must ensure Authorised Users observe all security, administrative and other reasonable requirements and comply with these Terms.
Zavy 360 subscriptions are licensed based on the number of Practitioners using the platform. A Practitioner is any dentist, hygienist, therapist or clinician providing treatment and recording clinical activity in the Services. Each practising clinician must have their own Practitioner licence, and Practitioner accounts must not be shared. Administrative and support staff accounts (reception, practice managers, coordinators) are included within the clinic subscription. Practitioner fees vary by type (for example full-time versus casual, being two days or less per week) as set out in the pricing on our website or your Order Form.
You are responsible for maintaining the security of devices, systems and networks used to access the Services, including strong passwords, endpoint protection, updated operating systems and responsible credential management. Zavy 360 maintains the security of platform infrastructure but is not responsible for compromised credentials, phishing attacks or insecure devices. You must notify Zavy 360 immediately if you suspect unauthorised access or a security incident.
You must pay the fees to participate in or use the Services. The fees that apply are set out on the Zavy 360 website at www.zavy360.com or on your Order Form, on a subscription basis.
Fees and any other charges, including taxes and transaction fees, are charged to your payment method on a monthly basis on the calendar day corresponding to your registration date. Zavy 360 also offers an annual plan where an annual fee is paid for the Services. All fees stated are exclusive of taxes, levies or duties imposed by taxing authorities.
Zavy 360 uses a third party payment service provider (Stripe) to process payments. Any procurement by you or your Authorised Users is subject to a separate merchant agreement with that provider. You agree to comply with the terms of any applicable merchant agreements and all applicable card network rules, policies, laws and regulations.
If payment is not successful and you do not update your payment method or cancel your account, Zavy 360 may cancel your account or suspend access until payment is received. You remain responsible for any outstanding payments and authorise Zavy 360 to charge outstanding amounts to your updated payment method. Zavy 360 may charge interest on overdue undisputed amounts at 2% above the Reserve Bank of Australia cash rate, accruing daily from the due date until the amount is paid in full.
Zavy 360 may change subscription plans and vary the fees for the Services from time to time and will provide at least 30 days written notice before any change takes effect. Any fee variation takes effect from the start of your next billing period or, for annual and multi-year plans, from your next renewal. You may cancel your subscription at any time. For monthly plans, no refunds are issued for any portion of the current billing period. For annual and multi-year plans, the plan is a committed term offered at discounted rates in consideration for that commitment; if you cancel early for your own convenience, the full committed term remains payable and no refund, credit or pro-rata adjustment is made, as set out in clause 7 (Term and Termination). This clause and clause 7.1 are to be read consistently.
Adding Practitioner licences: additional licences are charged from the date added, pro-rated to the current billing period, and billed in full each cycle thereafter at the rate applicable to the Practitioner type. Removing licences on a monthly plan: takes effect from the next billing cycle, with no refund for the current period. Removing licences on an annual or multi-year plan: the Practitioner licence count committed at the start of the term is a committed count for that term and reductions are not available as of right during the term. Zavy 360 may, at its sole discretion and on prior written approval, permit a reduction during the term; otherwise reductions take effect at renewal. Licences added during an annual term are pro-rated for the remainder of the term and, unless agreed otherwise in writing, form part of the committed base at the next renewal.
You acknowledge that you, as the practice, are solely responsible for retaining patient and clinical records for the periods required under applicable health-records legislation (which may be up to 7 years for adults, or until a minor reaches 25 years of age). Zavy 360 provides the Services and the ability to export your data during your subscription and on or before termination; it is your responsibility to export and securely store your records to meet these obligations. Zavy 360 is not a record-keeping or archival service and does not undertake to retain your data for any regulatory retention period. Where your account expires or is terminated, we will keep your data available for export for the period set out in clause 7.4, after which it may be permanently deleted.
SMS reminders and messages are charged per SMS segment sent, separately from the monthly subscription, at the rates set out on the Zavy 360 website or your Order Form. An SMS segment is a single message of up to 160 characters using standard GSM encoding; messages that are longer, or that use certain characters or emoji, are split into and charged as multiple segments. SMS pricing is a pass-through of carrier and telecommunications costs and may change where those underlying costs change, on reasonable notice. You are responsible for maintaining sufficient SMS credit; where your balance is insufficient, SMS features may not send until credit is added. No refunds are issued for unused SMS credits on cancellation.
You are responsible for ensuring that all SMS and electronic messages sent through the Services comply with the Spam Act 2003 (Cth) and applicable Australian Communications and Media Authority (ACMA) requirements. This includes obtaining and maintaining the necessary consent from message recipients, including accurate sender identification, and providing a functional unsubscribe or opt-out facility. As the practice, you are the originator of messages sent to your patients and are solely responsible for the content of those messages and for the consents on which they rely. While Zavy 360 provides the messaging platform and originating telecommunications capability, Zavy 360 is not responsible for your compliance with the Spam Act 2003 (Cth) or ACMA requirements in respect of your communications.
By participating in our Services you agree to provide feedback, and any feedback you provide belongs to Zavy 360. Zavy 360 may send you communications regarding your account or the Services by email. You may unsubscribe from marketing communications at any time. You acknowledge that Zavy 360 owns any feedback provided and you grant us a perpetual, non-revocable, royalty-free worldwide licence to use and incorporate such feedback into our products or services. If we publish feedback we will do so without identifying you or with your prior consent. We may monitor how you use the Services and use that information to improve the Services, subject to Section 8 (Artificial Intelligence and Patient Data) and Section 11 (Data Ownership).
Zavy 360 owns all intellectual property involved with the Services. These Terms do not give you a licence to use our trademarks or brand features. You agree that we own all legal right, title and interest in and to the Services, including all intellectual property rights. Except for the licence provided herein, no other rights are granted, and nothing in these Terms transfers any intellectual property rights to you. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, disassemble, decompile or otherwise attempt to decipher any code in connection with the Services.
You must not analyse, replicate, benchmark or derive the architecture, workflows or database structure of the platform for the purpose of creating a competing service. Competitors or consultants may not access the system for reverse engineering purposes.
The Zavy 360 platform and its application programming interfaces (APIs) are closed systems. Access is permitted only to authorised users and to integration partners who have entered into a current Zavy 360 Partner API Agreement and hold current authorisation. You must not access, or attempt to access, the platform, its APIs, or any data within it by any unauthorised means, including through automated tools, bots, scrapers, crawlers, or artificial intelligence agents or systems, and must not authorise or assist any third party to do so. Unauthorised access to, or modification of, the platform or its data is prohibited and may constitute a criminal offence under the Criminal Code Act 1995 (Cth) and the Crimes Act 1900 (NSW), and may give rise to civil liability. Zavy 360 reserves all rights and remedies available to it, including suspension of access and referral to law enforcement.
You may end this agreement by providing notice to Zavy 360. If you are on a month-to-month subscription, cancellation takes effect at the end of your current billing period, and no refunds are issued for any portion of that period.
If you are on an annual or multi-year subscription plan, this is a committed contract term for the Practitioner licence count committed at the start of the term. The annual plan is offered at discounted rates in consideration for that commitment. If you cancel before the end of the committed term for your own convenience (not due to Zavy 360's breach), you remain liable to pay the fees for the full committed term, and no refund, credit or pro-rata adjustment will be made. This does not affect any refund payable where Zavy 360 terminates for convenience or where you terminate for Zavy 360's breach (see clauses 7.2 and 7.3).
These Terms may be terminated immediately if you breach any of your obligations. Upon termination your access to the Services will cease. Zavy 360 may, at its discretion, provide limited access solely to export your data.
If Zavy 360 terminates the Services for convenience (not due to your breach), Zavy 360 will provide a pro-rata refund of prepaid unused fees. To the maximum extent permitted by law, and subject to Section 8.2 (Australian Consumer Law), Zavy 360 will not be liable for any loss, damage, cost or business interruption arising from the termination or suspension of the Services.
On termination, Zavy 360 will notify you that your data is available to export and will keep your data available for export for 60 days. To request a data extraction, contact Zavy 360 support within that 60-day window. An administrative fee may apply for assisted extractions, disclosed in advance, and the export process may take up to 30 days. Zavy 360 will send at least one reminder before the export window closes. After the window closes, your data may be permanently deleted. You are responsible for exporting and retaining your records to meet your own record-keeping obligations (see clause 4.6).
On termination, Zavy 360 will provide up to two (2) exports of your patient data: an interim copy and a final copy. Each export must be requested in writing with at least 14 days notice. Exports are processed Monday to Friday between 9:00am and 4:00pm (AEST), and extraction may take up to approximately one hour. Attachments and images are provided separately from the main database export due to file size. The main database export is provided in a standard format selected by Zavy 360 (typically CSV). The export comprises your patient data only, including patient contact, clinical, appointment and treatment records. It does not include Zavy 360's system configuration, account setup, workflow and automation settings, templates, integration or API configuration, or other platform or system data, which are proprietary to Zavy 360 and are not patient data. No further copies are provided, given the team resources and patient-data compliance involved in each extraction. You remain responsible for exporting and retaining your records to meet your own record-keeping obligations (see clause 4.6).
Zavy 360 may modify, update or change the features or functionality of the Services at any time. Where a modification materially reduces the core functionality of the Services, Zavy 360 will provide at least 30 days written notice.
Immediate suspension may occur where:
We disclaim all warranties regarding the Services to the extent permitted by law. You acknowledge that using the Services is at your own risk. This Section is subject to the Australian Consumer Law clause below.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZAVY 360 EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZAVY 360 MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY OR ERROR-FREE.
Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or equivalent State or Territory legislation which cannot lawfully be excluded or limited. To the extent Zavy 360's liability for breach of any such non-excludable guarantee cannot be excluded, that liability is limited, to the extent permitted by law, to resupply of the relevant Services or payment of the cost of resupply.
Some features use automation, analytics or artificial intelligence (AI). All AI outputs are informational and decision-support only, may not always be accurate or complete, and you remain solely responsible for reviewing and verifying every output before relying on or acting on it. AI features do not constitute professional, clinical, legal or financial advice. Some AI features rely on third-party AI models and services whose availability, behaviour and results Zavy 360 does not control; to the maximum extent permitted by law and subject to Section 8.2, Zavy 360 is not liable for changes, errors, outages or outputs originating from those third-party services. You are responsible for how you use AI features, for the data you input into them, and for ensuring your use complies with your own professional, clinical and legal obligations. Zavy 360 does not use identifiable patient data to train its AI or machine learning models; patient data is processed solely to deliver the relevant feature to you, and any model improvement uses only aggregated and de-identified data, consistent with Section 11 (Data Ownership).
Where the Services provide AI-assisted analysis of clinical images or data, that analysis is provided solely as decision-support to assist a qualified clinician. It is not a diagnosis, does not replace professional clinical judgement or examination, and must not be relied on as the sole basis for any clinical decision. A qualified clinician must independently review, interpret and confirm all such outputs. You are responsible for ensuring any use of these features complies with applicable clinical, professional and regulatory requirements. Zavy 360 makes no representation that these features are a medical device or are certified for diagnostic use unless expressly stated in writing.
Where the Services provide automated or AI-based communication features that may interact with your patients (including voice or messaging agents), you are responsible for configuring those features, for the accuracy and appropriateness of the information they provide, and for compliance with all applicable laws. This includes obtaining any consent required to interact with, record or communicate with patients under applicable privacy and telecommunications and surveillance-devices legislation (which varies by State and Territory), and disclosing to patients where required that they are interacting with an automated system. To the maximum extent permitted by law and subject to Section 8.2, Zavy 360 is not responsible for the content of automated interactions with your patients or for your compliance with consent, recording or disclosure obligations.
Zavy 360 is not responsible for clinical decisions, treatment outcomes, appointment scheduling accuracy, or any reliance by you on information generated, stored or displayed within the Services. All clinical and operational decisions remain solely with you as the customer.
Subject to Section 8.2 (Australian Consumer Law), and to the maximum extent permitted by law, Zavy 360's total aggregate liability arising out of or in connection with the Services is limited to the total subscription fees paid by you to Zavy 360 during the then-current contract term in which the event giving rise to the claim occurred.
To the extent permitted by applicable law, in no event will Zavy 360 or its affiliates be liable for any indirect, incidental, special, exemplary or consequential damages, including loss of data, loss of income, loss of opportunity, lost profits, goodwill, business interruption or costs of recovery, however caused and on any theory of liability.
You agree to hold harmless and indemnify Zavy 360, our affiliates and subsidiaries, officers, directors, agents and employees from and against any third party claim arising from or related to (i) your breach of these Terms, (ii) your use of the Services, or (iii) your violation of applicable laws, rules or regulations.
The Zavy 360 platform may integrate with, rely on or provide access to third party telecommunications services, artificial intelligence tools, payment processors, hosting providers and other external systems ("Third Party Services"), which are not controlled by Zavy 360. To the maximum extent permitted by law and subject to Section 8.2, Zavy 360 is not responsible or liable for the performance, availability, accuracy, security, compliance, outages, delays, errors, data loss or other issues caused by Third Party Services. Your use of such services is at your own risk and subject to the third party's own terms.
Zavy 360 primarily stores and processes customer and patient data on infrastructure located in Australia. Some Third Party Services or sub-processors used to deliver the Services (for example certain artificial intelligence or communications providers) may process limited data outside Australia. Where data is processed overseas, Zavy 360 takes reasonable steps to ensure the recipient handles it consistently with the Australian Privacy Principles. You acknowledge that, as the practice, you may have your own obligations under Australian Privacy Principle 8 (cross-border disclosure) and applicable health-records legislation, and that this disclosure is provided to assist you in meeting them. A current list of material sub-processors and processing locations is available on request from privacy@zavy360.com.
You agree to keep confidential all information received from us in connection with these Terms and to use it only to perform your obligations. You acknowledge that (i) the Services constitute information you must keep strictly confidential unless it is in the public domain, required by law to be disclosed, or authorised to be disclosed; (ii) release of confidential information could damage Zavy 360's competitive and intellectual property interests; and (iii) information about the Services must not be shared with anyone other than Authorised Users.
You retain ownership of all patient and practice data entered into the Services. Zavy 360 retains ownership of the platform software and infrastructure. Aggregated and de-identified usage data may be used by Zavy 360 for product improvement, subject to Section 8.3.
Zavy 360 complies with the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 (Cth). Patient and practice data processed through the Services constitutes health information under the Privacy Act 1988 (Cth) and is subject to the highest standard of protection under the Australian Privacy Principles. If Zavy 360 becomes aware of an eligible data breach likely to result in serious harm, Zavy 360 will notify affected customers as soon as practicable and in any event within 72 hours of becoming aware, and will notify the OAIC as required by law. You acknowledge that, as the practice, you may have independent obligations under the Privacy Act 1988 (Cth) as an APP entity in respect of your patients' personal information.
Zavy 360 may rely upon third parties to provide communications, technical infrastructure and services to support the Services, and may subcontract all or part of the Services subject to Section 10.1 (Data Location and Sub-processors). The Zavy 360 website may contain links to third party sites; we are not responsible for their content and your use of them is at your own risk. Links are provided for convenience only and do not indicate endorsement.
Zavy 360 may amend these Terms from time to time. For any material change, Zavy 360 will provide at least 14 days written notice by email to your registered email address before the change takes effect. If you do not agree to a material change, you may cancel your subscription without penalty by notifying Zavy 360 in writing before the effective date of the change. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. For minor changes, Zavy 360 will update the Terms on its website and update the version number and effective date. Changes apply prospectively from their effective date and do not retrospectively alter a committed term already in progress.
Both parties agree to comply with all applicable local, state, national and foreign laws, rules and regulations, including all applicable import and export laws, in connection with their access to and use of the Services.
Zavy 360 is not liable for delays or failures caused by events outside its reasonable control, including cloud outages, internet disruptions, cyber attacks, natural disasters or government actions.
No data transmission over the internet can be guaranteed as totally secure. We do not warrant the security of information transmitted through the internet, including through the Zavy 360 website. Once we receive confidential information from you, we will take reasonable steps to preserve its security.
No waiver of any provision by Zavy 360 is effective unless in writing and signed by Zavy 360. If any provision is held contrary to law, invalid or unenforceable, it will be modified to best accomplish its original objective to the fullest extent permitted by law, and the remaining provisions will remain in effect.
Zavy 360 uses Stripe to facilitate payment processing on behalf of practices. By using Zavy 360's payment features you agree to be bound by Stripe's Connected Account Agreement and all applicable Stripe terms.
You (the Practice) are solely responsible for all transactions processed through your connected Stripe account, including any disputes, chargebacks, refunds, reversals and associated fees.
Zavy 360 is a software platform only and does not act as a merchant of record or financial intermediary. Zavy 360 does not accept liability for payment disputes between you and your patients. All chargebacks, disputes or contested payments are the sole responsibility of your connected Stripe account.
If any losses or liabilities arise against Zavy 360 as a result of your payment activities, including disputed transactions, Zavy 360 may recover such amounts from you and/or suspend access to the payment functionality until resolved.
You agree to indemnify and hold harmless Zavy 360, its directors, employees and agents from any claims, damages or losses (including legal fees) arising from your use of Stripe services or any disputes related to patient payments.
You must not assign or novate these Terms or your rights or obligations under them without our prior written consent, such consent not to be unreasonably withheld or delayed. This includes any practice sale, merger or acquisition. On a change of control, Zavy 360 will either consent to novation to the incoming owner or set the incoming owner up under a current agreement so the account continues without interruption, and may require a new agreement with the incoming owner. Zavy 360 may assign or novate these Terms to a related body corporate or in connection with a sale or restructure of its business.
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of laws principles. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts competent to hear appeals from them.
For customers located outside Australia: nothing in these Terms excludes or limits any mandatory rights you may have under the consumer protection or data protection laws of your own jurisdiction that cannot be lawfully excluded by contract. To the extent any such mandatory rights are inconsistent with these Terms, those mandatory rights prevail to the extent of the inconsistency.
If a dispute arises in connection with these Terms, a party must give the other written notice describing the dispute. The parties will first attempt in good faith to resolve it by negotiation within 14 days of that notice. If it remains unresolved within a further 14 days, the parties will refer the dispute to mediation administered by the Australian Disputes Centre, or by a mediator the parties agree on, held in New South Wales, with the parties sharing the mediator's costs equally and each bearing its own costs. If the dispute is not resolved within 60 days of the initial notice, either party may commence court proceedings. Nothing in this clause prevents a party from seeking urgent injunctive relief. Each party must continue to perform its obligations pending resolution of a dispute.
During the term and for 12 months after it ends, you agree not to directly or indirectly solicit for employment or engagement any employee or contractor of Zavy 360 with whom you had contact through the Services, without Zavy 360's prior written consent. This does not prevent general recruitment advertising that is not specifically targeted at Zavy 360 personnel.
Sections 1, 3, 5, 6, 7, 8, 9, 10, 11 and 13 will survive the expiration or termination of this Agreement.
Questions about these Terms of Service? Contact support@zavy360.com (general), privacy@zavy360.com (privacy) or legal@zavy360.com (legal).
Our Privacy Policy is incorporated into these Terms by reference.
