Terms of Service

ABN: 29 207 734 477

Last updated: 5 June 2026

1. Acceptance

By signing up for Kymora ("the Service"), you accept these Terms of Service. If you don't accept them, don't use the Service.

If you're agreeing on behalf of a business or clinic, you warrant that you have authority to bind that entity.

2. What the Service does

Kymora provides cosmetic clinics with:

A patient reactivation engine that sends personalised SMS to dormant patients based on cohort logic, only where the clinic has a lawful basis under the Spam Act 2003 to do so
An AI-assisted pre-appointment briefing tool to assist clinic staff in preparing for appointments. AI outputs are not clinical advice and must be reviewed by appropriately qualified clinic personnel before being acted on
Patient preference management (consent state, opt-out, pause)
Automated tooling designed to support AHPRA and TGA advertising compliance (see Section 9)
Reporting and analytics on communication activity

The Service is delivered via the web at kymora.ai and via SMS through our sub-processor ClickSend.

3. Eligibility, account, and acknowledgments

The Service is offered to cosmetic and aesthetic clinics operating legally in Australia. By signing up, you represent, acknowledge, and agree that:

a) You are at least 18 years old.

b) You ensure all practitioners using the Service hold all registrations, licences, approvals, and authorisations required under applicable law, and you comply with applicable AHPRA and TGA requirements.

c) You are a "health service provider" under the Privacy Act 1988 (Cth). You acknowledge this and have your own Privacy Policy, intake-time collection notice, and consent processes that comply with the Privacy Act and, where applicable, NSW HRIPA.

d) You have obtained any consents required under applicable privacy, spam, and health-records laws from each patient before uploading their information to Kymora or sending communications via Kymora. This includes valid consent under the Spam Act 2003 for any commercial electronic message.

e) You will comply with all applicable laws, AHPRA guidelines, and advertising restrictions relating to communications involving patients under 18 years of age, including the AHPRA Guidelines for Non-Surgical Cosmetic Procedures (effective 2 September 2025).

f) You will provide accurate and current information at sign-up, keep your account access methods (including magic-link verification) secure, and notify us immediately of any unauthorised access. You are responsible for all activity under your account.

4. Your data

You retain ownership of all data you upload to the Service, including patient lists, communication history, and configuration.

We process this data only as set out in our Privacy Policy and Data Processing Agreement. We don't use it to train AI models, sell to third parties, or use for marketing purposes other than delivering the Service to you.

5. Intellectual property

Kymora retains all intellectual property rights in the Service, including the platform, software, models, prompts, configurations, documentation, branding, and any improvements or derivatives.

You receive a limited, non-exclusive, non-transferable, revocable licence to use the Service for the duration of your subscription, in accordance with these Terms.

You retain ownership of your data and your branding. We do not claim any rights in your data or your trademarks beyond what is necessary to deliver the Service.

6. Pricing, payment, and GST

Current pricing is published at kymora.ai/pricing. Pricing may change with 30 days' notice to existing customers.

Setup fees are charged once at onboarding.
Monthly fees are charged in advance on a recurring basis.
All fees are in Australian Dollars (AUD).
We are not currently registered for GST. If GST becomes applicable (typically required when turnover exceeds AUD $75,000 per year), GST will be added to fees from the date of our registration as required by law. We will give as much notice as practicable.
Payment is processed by Stripe; failed payments may result in service suspension after 7 days.

7. Performance reference and refund

Some pricing tiers may include a published performance reference (for example, an expected booking volume within a defined window) along with a setup fee refund where that reference is not met. Any such reference:

Is calibrated against the Clinic's contactable dormant patient list and is set out at sign-up
Applies only where the Clinic has a minimum number of contactable dormant patients meeting the cohort criteria, as set out at sign-up
Requires the Clinic's reasonable cooperation in providing booking data for attribution
Requires the Clinic to maintain an active subscription in good standing during the measurement window
Is void if the Clinic does not cooperate, actively prevents attribution measurement, or breaches these Terms

Where a refund is triggered, Kymora will determine attribution methodology acting reasonably. Bookings that are cancelled, duplicated, or not reasonably attributable to Kymora communications may be excluded.

8. Cancellation and data return

You may cancel anytime by emailing [email protected] or via the cancellation flow in the app. Cancellation takes effect at the end of the current billing period. No partial refunds on monthly fees.

Upon cancellation, the Clinic may request export of their data within 30 days. After 30 days, data is deleted from production systems per the DPA. Backups cycle out within the standard 30-day rotation.

9. Compliance support and your responsibilities

Kymora includes automated tooling designed to help screen messages against AHPRA and TGA advertising rules. This tooling is supportive and does not guarantee that any individual message will be compliant in all circumstances. You remain solely responsible for:

Lawful collection of patient consent under the Privacy Act and the Spam Act
The legality, accuracy, and appropriateness of communications sent using the Service
Lawful display of your Privacy Policy and Collection Notice at patient intake
AHPRA and TGA compliance in your underlying marketing strategy and treatment offerings
Notifying patients and the OAIC in the event of a data breach affecting your patients, where required by law (we will assist)
Your own direct obligations as an APP entity under the Privacy Act

Kymora processes information on your behalf. Both parties remain APP entities with direct obligations under the Privacy Act, and contractual roles do not displace those direct statutory obligations.

10. AI-generated content disclaimer

The Service produces AI-generated outputs (reactivation messages, appointment briefings, suggested wording). AI-generated outputs may contain inaccuracies and must be reviewed by appropriately qualified clinic personnel before being sent to patients or used for clinical decisions.

Kymora is not responsible for clinical decisions made on the basis of AI-generated content.

11. Acceptable use and suspension

You may not:

Use the Service to send messages that breach the Spam Act 2003, TGA advertising rules, AHPRA advertising guidelines, or any other applicable law
Use the Service to send messages to patients without lawful basis
Upload data you don't have the right to upload
Attempt to reverse-engineer, scrape, or copy the Service
Resell, sublicense, or white-label the Service without written consent
Use the Service in a way that could damage our reputation or that of other customers

We may suspend or terminate accounts where we have reasonable grounds to believe a breach of these rules has occurred, or where suspension is necessary for legal, security, or regulatory reasons.

12. Service availability

We aim for high availability but don't guarantee uninterrupted service. We may need to take the Service down for maintenance, security updates, or for reasons outside our reasonable control, including outages caused by telecommunications providers, cloud infrastructure providers, cyber incidents, or events of force majeure.

We are not liable for losses arising from temporary unavailability of the Service, except where required by Australian Consumer Law.

13. Australian Consumer Law

Nothing in these Terms excludes or restricts your rights under the Australian Consumer Law where those rights cannot lawfully be excluded.

If you're a "consumer" under the Australian Consumer Law, you have certain consumer guarantees including that the Service will be provided with due care and skill, fit for the disclosed purpose, and supplied within a reasonable time. These guarantees cannot be excluded.

14. Limitation of liability

To the maximum extent permitted by law:

For general claims, our total liability is capped at the greater of: total fees paid by you in the 12 months preceding the event, or AUD $5,000.
For claims arising from a personal data breach caused by our negligence, our total liability is capped at the greater of: total fees paid by you in the 24 months preceding the event, or AUD $10,000 — reflecting the elevated risk profile of health information.
We are not liable for indirect, incidental, special, or consequential damages.

Nothing in this clause limits liability that cannot be limited under Australian law (including consumer guarantees under the Australian Consumer Law and any liability for death, personal injury, or fraud).

15. Indemnity

You indemnify us to the extent any claim, loss, or cost arises from:

Your breach of these Terms or the representations in Section 3
Your breach of applicable law (including privacy, spam, advertising, and AHPRA regulations)
Your unlawful use of patient data
Any claim by a patient arising from your acts or omissions
Your failure to obtain valid patient consent

This indemnity survives termination of the Service.

16. Changes to the Service or Terms

We may modify the Service or these Terms with 30 days' notice for material changes. Continued use after the notice period constitutes acceptance.

We may make immediate changes for legal, regulatory, or security reasons.

A version date appears at the top of these Terms.

17. Termination

Either party may terminate for material breach with 30 days' written notice (unremedied during the notice period). Either party may terminate immediately for a serious breach (defined as a breach that materially undermines the other party's ability to use or operate the Service, including unlawful conduct, repeated breaches, insolvency, or a failure that cannot reasonably be remedied).

Upon termination:

Your access to the Service ends
We delete your data per the DPA (subject to a 30-day export window, the backup overwrite cycle, and legal retention requirements)
Outstanding fees become immediately payable

Clauses that by their nature should survive termination (intellectual property, indemnity, limitation of liability, data-processing obligations) will survive.

18. Assignment

You may not assign these Terms without our written consent.

We may assign these Terms (in whole or in part) as part of a merger, acquisition, restructure, or sale of business assets, on notice to you.

19. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia.

The parties will attempt to resolve disputes through good-faith negotiation. Failing that, disputes are subject to the exclusive jurisdiction of the courts of New South Wales.

20. Entire agreement and general

These Terms, together with the Privacy Policy, the DPA, and any Order Form or pricing page in effect, constitute the entire agreement between the parties.
Document precedence: sub-processor engagement and changes are governed by the DPA. To the extent of any inconsistency, the limitation of liability in these Terms applies, except where the inconsistency relates to data-processing matters, in which case the DPA prevails.
Severability: if any provision is found unenforceable, the rest remains in force.
No waiver: failure to enforce a provision is not a waiver of future enforcement.
Independent contractors: nothing in these Terms creates a partnership, joint venture, fiduciary, or agency relationship.

21. Contact

Legal queries: [email protected]

General support: [email protected]

Postal: PO BOX 77, Tahmoor NSW 2573, Australia

*These Terms reflect Kymora AI's current operational and contractual approach as of the effective date. Independent legal review will be obtained as the business grows.*