Terms of Service

1. Overview

These Terms of Service ("Terms") govern your access to and use of the PsychScape platform ("Service"), operated by PsychScape ("we", "us", "our"). By creating an account or using the Service, you agree to be legally bound by these Terms. If you do not agree, you must not use the Service.

These Terms should be read together with our Privacy Policy, which explains how we collect and handle your personal information.

2. Service Description and Limitations

PsychScape is a digital platform that provides psychological self-assessment tools, psychometric questionnaires, and informational resources. The Service is designed to support the work of registered mental health professionals and to provide individuals with access to validated psychological screening instruments.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will endeavour to provide reasonable advance notice of material changes where practicable.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service in any way that violates applicable Australian or international laws or regulations
• Use the Service for any fraudulent, deceptive, or unauthorised purpose
• Attempt to gain unauthorised access to any part of the Service or its related systems
• Introduce malicious code, viruses, or any software designed to disrupt or damage the Service
• Reproduce, distribute, or commercially exploit any content from the Service without prior written consent
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Collect or harvest personal information of other users without their explicit consent
• Use the Service to provide clinical diagnoses or treatment recommendations to others
• Circumvent any security features, rate limits, or access controls implemented on the Service

We reserve the right to investigate and take appropriate action against any suspected violation of these acceptable use requirements, including suspension or termination of your account.

4. User Accounts

To access certain features of the Service, you must create an account. You are responsible for:

• Providing accurate and complete registration information
• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorised use of your account

You must be at least 18 years of age to create an account on PsychScape. This requirement reflects the age of majority in Australia, the fact that the validated psychological instruments used in the Service (including PHQ-9, GAD-7, K10, and DASS-21) have been normed and validated primarily on adult populations, and our obligations under the Privacy Act 1988 (Cth) and the professional standards of AHPRA and the Australian Psychological Society (APS).

If you are accessing the Service as a client who has been individually invited by a registered mental health practitioner, a reduced minimum age of 16 years applies. For users aged 16 or 17 using this practitioner-referred pathway, the consent of a parent or legal guardian is required and must be obtained and documented by the referring practitioner before the assessment session is commenced. PsychScape does not collect or verify parental consent directly — this obligation rests with the referring practitioner in accordance with their professional duties.

The Service is not available to individuals under 16 years of age under any circumstances. If we become aware that a person under 16 has created an account or submitted assessment data, we will delete that data without notice in accordance with our Privacy Policy.

5. Intellectual Property Rights

All content, features, and functionality of the Service — including but not limited to text, graphics, logos, software, assessment instruments, and underlying code — are the property of PsychScape or its licensors and are protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth).

Certain psychological assessment instruments used within the Service (e.g., PHQ-9, GAD-7, K10, DASS-21) are the intellectual property of their respective authors or rights holders. Use of these instruments is subject to their respective licences and is permitted solely within the context of the Service as provided.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purpose, subject to these Terms. This licence does not include the right to:

• Reproduce, modify, distribute, or create derivative works of any Service content
• Use any data mining, robots, scrapers, or similar data gathering tools on the Service
• Remove or alter any proprietary notices or labels on the Service
• Reverse engineer or attempt to extract source code from any part of the Service

6. User-Provided Content

When you submit responses to assessments or other content through the Service, you retain ownership of that content. By submitting content, you grant us a limited licence to process, store, and display that content as necessary to provide the Service to you and your authorised practitioners, in accordance with our Privacy Policy.

You are solely responsible for the accuracy of any information you submit through the Service. You must not submit any content that is false, misleading, defamatory, obscene, or otherwise unlawful.

7. Liability Disclaimers

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, PsychScape and its directors, employees, contractors, and agents shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or goodwill
• Harm arising from reliance on assessment results without professional consultation
• Service interruptions, data loss, or unauthorised access despite reasonable security measures
• Actions taken or not taken based on information provided through the Service

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including guarantees that cannot be excluded for consumers.

8. Account Termination

Termination by You: You may terminate your account at any time by contacting us at our contact page. Upon termination, your access to the Service will cease. We will handle your personal data in accordance with our Privacy Policy and applicable data retention obligations.

Termination by Us: We may suspend or terminate your account, with or without notice, if we reasonably believe you have:

• Violated any provision of these Terms
• Engaged in fraudulent or illegal activity
• Posed a risk to the safety or security of other users or the platform
• Provided false or misleading information at registration

Following termination, provisions of these Terms that by their nature should survive (including intellectual property rights, liability disclaimers, and governing law) will continue to apply.

9. Dispute Resolution

We encourage you to contact us in the first instance if you have any concern or complaint regarding the Service. Most issues can be resolved quickly through direct communication.

If a dispute cannot be resolved informally, you and PsychScape agree to:

• Negotiation: Parties will first attempt to resolve the dispute through good-faith negotiation for at least 30 days after one party gives written notice of the dispute.
• Mediation: If negotiation is unsuccessful, either party may refer the matter to mediation with a mutually agreed mediator, or a mediator appointed by the Resolution Institute (Australia).
• Litigation: If mediation fails, disputes may be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia.

Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New South Wales, Australia for the resolution of any disputes.

The Service is operated from Australia. If you access the Service from outside Australia, you do so at your own risk and are responsible for compliance with local laws to the extent they are applicable. We make no representation that the Service is appropriate or available in locations outside Australia.

Relevant Australian legislation applicable to the Service includes:

• Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)
• Competition and Consumer Act 2010 (Cth) — Australian Consumer Law
• Copyright Act 1968 (Cth)
• Spam Act 2003 (Cth)

11. Clinical Disclaimer

All assessment results, scores, and interpretations provided through the Service are for informational and educational purposes only. They are not intended to:

• Constitute a clinical diagnosis of any mental health condition
• Substitute for a comprehensive psychological assessment by a registered practitioner
• Form the sole basis for any treatment decision
• Be used in legal, insurance, or employment proceedings without independent expert validation

If you are experiencing a mental health crisis, please contact emergency services (000) or a crisis support line immediately. In Australia:

Use of the Service by registered mental health practitioners is subject to their professional obligations under the Psychology Board of Australia (PsyBA) / AHPRA guidelines and the APS Code of Ethics. PsychScape does not assume responsibility for any practitioner's clinical decisions made in connection with the Service.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the effective date at the top of this page and, where the changes are material, notify you by email or through a prominent notice on the Service. Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically. Previous versions of these Terms are available on request.

13. Contact Us

If you have any questions about these Terms of Service or wish to exercise any of your rights, please contact us via our Contact page.