Terms of Service

1. The parties

These Terms of Service (“Terms”) are between you and DSIN Dental Pty Ltd (ACN 679 930 119) (“we”, “us”, “our”), an Australian company incorporated in Victoria. InstantNote is a software product operated by DSIN Dental Pty Ltd. Contact us at hello@instantnote.co.

By creating an account or using InstantNote you agree to these Terms. If you are using InstantNote on behalf of a practice or organisation, you represent that you have authority to bind that entity.

2. What InstantNote is

InstantNote is a clinical documentation aid. It records and transcribes your dictation and uses AI to draft structured clinical notes. It is a productivity tool only — it is not a medical device, not a clinical decision support system, and does not provide clinical advice or diagnoses.

All AI-generated content must be reviewed, edited, and approved by a registered dental practitioner before being used as a clinical record. You remain solely responsible for the accuracy and completeness of records in your practice management system.

2A. TGA and regulatory position

Clinical documentation features (note generation, transcription, compliance checks): InstantNote’s core documentation features are administrative productivity tools. They assist practitioners in drafting and structuring clinical records but do not diagnose, monitor, or treat patients. These features are not therapeutic goods and are not listed or registered on the Australian Register of Therapeutic Goods (ARTG) under the Therapeutic Goods Act 1989 (Cth).

InstantSmile (smile design preview feature): The InstantSmile feature generates illustrative image previews of potential cosmetic dental appearances for use as a patient communication and case discussion aid only. It is not a diagnostic tool, does not analyse clinical data, and does not constitute a treatment plan, clinical recommendation, or prediction of treatment outcomes. Any visualisation produced by InstantSmile is illustrative in nature and does not represent guaranteed, expected, or clinically predicted results.

InstantSmile image previews must not be used as the sole or primary basis for any clinical decision, patient consent discussion, or treatment planning. The supervising dental practitioner remains solely responsible for all clinical decisions and for ensuring that any discussion of cosmetic outcomes with patients complies with AHPRA’s advertising guidelines and the practitioner’s professional obligations.

InstantSmile is not a medical device and is not listed or registered on the ARTG. If you have concerns about whether use of this feature in your practice constitutes regulated activity, you should seek independent legal advice.

3. Eligibility

InstantNote is intended for use by registered dental practitioners and their authorised staff in Australia. By signing up you represent that you hold (or are supervised by someone holding) a current registration with AHPRA.

4. Your responsibilities

• Keep your login credentials secure and do not share your account.
• Patient consent for AI processing: You must obtain appropriate consent from patients before recording consultations and before their clinical information is processed by AI services. Because InstantNote uses overseas AI providers (United States) to transcribe audio and generate notes, your consent process should inform patients that their clinical audio and transcript may be processed by trusted overseas technology providers under contractual safeguards, that no patient data is used for AI model training, and that they may decline AI-assisted note-taking. You are responsible for ensuring your practice’s consent forms and privacy collection notices reflect this disclosure.
• Review every AI-generated note before copying it to your PMS or treating it as a clinical record.
• Maintain your own compliant records in an AHPRA-approved practice management system. InstantNote is a drafting tool, not a primary records system.
• Not use InstantNote in a manner that violates any applicable law, including the Privacy Act 1988, the Health Practitioner Regulation National Law, or AHPRA’s record-keeping guidelines.

4A. Sample patient consent clause

To assist you in meeting your obligations under clause 4 and APP 8, we provide the following sample disclosure language. You may adapt this for use in your practice’s patient registration form, privacy collection notice, or general consent form. This sample is provided for convenience only and does not constitute legal advice. You should seek your own legal advice on the suitability of any consent wording for your practice.

This sample clause is updated from time to time. The current version is dated 29 June 2026.

5. Overseas AI processing acknowledgment

By using InstantNote you acknowledge and agree that:

• Clinical audio and transcript text is transmitted to AI providers located in the United States to deliver core features of the service.
• These providers are contractually bound to process your data only to provide the service and are prohibited from using it for AI model training.
• Patient names and government identifiers are not transmitted to AI providers.
• Stored clinical data (notes, transcripts, patient records, and images) remains in Australian-region infrastructure (Sydney).
• You are responsible for ensuring your practice’s patient consent and privacy collection processes disclose this overseas processing, as required by the Privacy Act 1988 (Cth) and APP 8.

If you require that no clinical content leave Australian infrastructure, contact us before using the transcription or note-generation features. We cannot guarantee local-only processing on current standard plans.

6. Subscriptions and billing

InstantNote is offered on a monthly or annual subscription basis. Fees are charged in advance. You may cancel at any time; cancellation takes effect at the end of the current billing period with no refund for unused time. We reserve the right to change pricing with 30 days’ notice. Continued use after a price change takes effect constitutes acceptance.

For practice or multi-seat licences, usage beyond your plan’s seat count may result in additional charges or suspension of excess accounts.

7. Acceptable use

You must not:

• Attempt to reverse-engineer, decompile, or extract the AI models or prompts used by InstantNote.
• Use InstantNote to record consultations without the patient’s knowledge or consent.
• Share access to your account with clinicians outside your practice without a separate licence.
• Attempt to circumvent security controls, access other users’ data, or overload the service.
• Use the service for any purpose other than legitimate clinical documentation.
• Use storage in a way that is disproportionate to ordinary clinical use. Scanner file uploads are intended for clinical X-rays and images directly related to patient care. Uploading large volumes of non-clinical files or using InstantNote as a general-purpose file store is not a permitted use.

8. Storage and fair use

Storage is provided as part of your subscription for clinical files generated through ordinary use of InstantNote. We do not currently enforce a hard storage cap, but we reserve the right to:

• Contact you if your account’s storage usage is materially above what is typical for a practitioner on your plan.
• Restrict or suspend upload functionality if storage use is excessive and you do not reduce it within a reasonable period after notice.
• Introduce defined storage limits on future plan tiers, with at least 30 days’ notice before any limit applies to existing subscribers.

We will always notify you before taking any action under this clause. Our intent is to ensure fair access for all users, not to penalise normal clinical workflows.

9. Intellectual property

All clinical notes and transcripts generated through your use of InstantNote belong to you. InstantNote does not claim any ownership over your clinical content.

The InstantNote platform, software, branding, and underlying AI prompts are our intellectual property. Nothing in these Terms grants you any right to use our IP outside the scope of the service.

10. Disclaimer of warranties

InstantNote is provided “as is” and “as available”. We do not warrant that the service will be error-free, uninterrupted, or that AI-generated notes will be accurate or complete. AI transcription and note generation can and does make mistakes — your clinical review is essential.

To the maximum extent permitted by the Australian Consumer Law, we disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of liability

To the maximum extent permitted by law, InstantNote’s liability to you for any claim arising out of or related to these Terms or the service is limited to the amount you paid to us in the 3 months preceding the claim.

We are not liable for any indirect, incidental, special, or consequential damages, including loss of data, loss of revenue, or clinical or professional consequences arising from your use of AI-generated notes.

Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under Australian law.

12. Termination

We may suspend or terminate your account if you breach these Terms, with notice where practicable. You may terminate at any time by cancelling your subscription and deleting your account from Settings. On termination, your data will be deleted in accordance with our Privacy Policy.

13. Governing law

These Terms are governed by the laws of Victoria, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria.

14. Changes

We may update these Terms. We will notify you by email and in-app notice at least 14 days before material changes take effect. Continued use after the effective date is acceptance of the updated Terms.

15. Contact

Legal and compliance enquiries: hello@instantnote.co