Welcome to The Compliance Scalpel. These Terms of Service (“Terms”) govern your access to and use of our website, platform, and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
The Compliance Scalpel is operated by THE COMPLIANCE SCALPEL (“we,” “us,” or “our”), an Australian business registered in the State of Queensland. These Terms constitute a legally binding agreement between you and us.
1. Description of Service
The Compliance Scalpel provides an on-demand, pre-publication compliance assistance tool designed for AHPRA-regulated practitioners and their teams. The Service analyses draft communications against publicly available AHPRA (Australian Health Practitioner Regulation Agency) and TGA (Therapeutic Goods Administration) advertising guidelines, identifies potential compliance risks, and generates suggested compliant alternatives.
The Service includes, but is not limited to:
- Compliance analysis of submitted draft content
- Generation of surgically refined draft alternatives
- Due Diligence Certificates documenting the review process
- Access to the Compliance Library as it expands
- Regulatory Guidance: An educational reference feature that provides general information about AHPRA and TGA advertising obligations in response to your questions, delivered via email
- Platform Support: A help desk feature that assists with questions about using the platform, its features, and your account
2. Important Disclaimers
2.1 Not Legal Advice
The Service provides educational compliance assistance based on our interpretation of publicly available AHPRA and TGA advertising guidelines. The Service does not constitute legal advice. We are not a law firm, regulatory body, or licensed legal service provider. We do not have a lawyer-client relationship with you. For specific legal concerns regarding your communications, you should consult a qualified healthcare advertising lawyer licensed to practice in your jurisdiction.
This disclaimer applies equally to all outputs of the Service, including compliance audit reports, suggested compliant alternatives, and any information provided through the Regulatory Guidance and Platform Support features. Responses provided through these features are educational and informational in nature and must not be relied upon as a substitute for independent legal or regulatory advice.
2.2 No Regulatory Affiliation
The Compliance Scalpel is an independent service. We are not affiliated with, endorsed by, approved by, sponsored by, or certified by the Australian Health Practitioner Regulation Agency (AHPRA), the Therapeutic Goods Administration (TGA), the Medical Board of Australia, or any other regulatory authority or government body. Our analysis is based on our understanding of publicly available guidelines and does not represent the official position of any regulatory body.
2.3 No Guarantee of Compliance
We cannot and do not guarantee that content reviewed, refined, or approved through our Service will be deemed compliant by AHPRA, TGA, or any regulatory body. Regulatory interpretation may vary, guidelines may change, and compliance determinations are made solely by the relevant regulatory authorities at their discretion. The absence of identified issues in our analysis does not mean your content is definitively compliant.
2.4 Use of Artificial Intelligence
The Compliance Scalpel uses advanced artificial intelligence (AI) systems, including large language models (LLMs), to power its core features. All compliance analyses, suggested compliant alternatives, regulatory guidance responses, and platform support responses are generated by AI — not by human compliance consultants, lawyers, or medical professionals.
Our AI systems have been developed with extensive reference to publicly available AHPRA, TGA, and related Australian healthcare advertising regulations. However, you acknowledge and agree that:
- AI-generated outputs may contain errors, omissions, or inaccuracies, and should always be independently verified before reliance or publication.
- AI systems do not possess professional judgement, clinical expertise, or legal qualifications, and their outputs are not a substitute for advice from qualified professionals.
- The quality and accuracy of AI outputs may vary depending on the nature, complexity, and specificity of the content submitted or questions asked.
- AI systems may not reflect the most recent regulatory changes, enforcement actions, or interpretive guidance issued after the date of the system's last update.
- You are solely responsible for reviewing, verifying, and exercising professional judgement over all AI-generated outputs before acting on them.
We continually refine our AI systems to improve accuracy and coverage. The use of AI enables us to provide rapid, on-demand compliance assistance at scale, but it does not replace the role of qualified legal counsel, regulatory advice from AHPRA or TGA directly, or your own professional obligations as a registered practitioner.
2.5 No Professional-Client Relationship
Your use of the Service does not create any professional-client, fiduciary, advisory, consultant-client, or agency relationship between you and The Compliance Scalpel. No such relationship is formed by your access to or use of the Service, by any content generated by the Service, or by any communication between you and us (including through the Regulatory Guidance, Platform Support, or pre-sale enquiry features).
You acknowledge that the Service is a software tool that provides AI-generated compliance assistance, and that no human professional is reviewing your content, providing personalised advice, or assuming any duty of care in respect of your use of the Service. Any decisions you make based on the Service's outputs are made at your own discretion and risk.
2.6 Informational Content Subject to Change
The informational content presented on this website and within the Service — including but not limited to regulatory references, enforcement statistics, penalty amounts, legislative citations, and general guidance about AHPRA and TGA obligations — is provided for general informational and educational purposes only.
This content may not reflect the most current regulatory developments, enforcement actions, or legislative amendments. We are under no obligation to update any informational content on the website or within the Service, and we make no representation or warranty that such content is accurate, complete, or current at the time you access it. You should independently verify any regulatory information before relying on it for compliance decisions.
3. Your Responsibilities
By using the Service, you acknowledge and agree that:
- You are solely responsible for all content you create, publish, or distribute, whether or not it has been reviewed through our Service.
- You will review all output from the Service and exercise your own professional judgment before publishing any content.
- You will not publish any content that you know or suspect to be non-compliant, regardless of our analysis.
- You are responsible for staying informed of current AHPRA, TGA, and other relevant regulatory requirements applicable to your practice.
- You will not use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
- You are a registered medical practitioner or are authorised to act on behalf of a registered medical practitioner or practice.
4. Prohibited Conduct
When using the Service, you must not:
- Use any automated system, software, bot, or script to access the Service, submit content for audit, or extract data from the Service without our express written consent.
- Attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying models of the Service or its AI systems.
- Resell, redistribute, sublicense, or commercially exploit audit outputs, compliance analyses, or any other content generated by the Service to third parties.
- Submit content on behalf of practitioners, practices, or entities not associated with your registered AHPRA number and subscription account.
- Upload, transmit, or otherwise make available any content that contains viruses, malware, trojans, or any other harmful or malicious code.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with, disrupt, or place an unreasonable load on the Service or its underlying infrastructure, servers, or networks.
- Attempt to gain unauthorised access to the Service, other user accounts, or any systems or networks connected to the Service.
- Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed on or within the Service.
We reserve the right to investigate and take appropriate action against any person who, in our sole discretion, violates this section, including without limitation suspending or terminating your account and reporting such conduct to relevant authorities.
5. Due Diligence Certificate
The Due Diligence Certificate provided by the Service documents that specific content was submitted for compliance review and outlines the analysis performed. You acknowledge and agree that:
- The Certificate serves as evidence of your good-faith compliance efforts.
- The Certificate does not guarantee regulatory approval, legal protection, or immunity from investigation, complaint, or disciplinary action.
- The Certificate does not constitute a legal defence to any regulatory proceeding.
- The Certificate reflects the analysis at the time of submission; subsequent changes to guidelines may affect compliance status.
6. Subscription and Payment
Access to the Service requires a paid subscription. By subscribing, you agree to pay all applicable fees as described at the time of purchase. Subscription terms, including pricing and billing cycles, will be disclosed prior to purchase.
- Annual Pricing: Annual subscription rates are locked for the duration of your billing period. Prices may be adjusted upon renewal.
- Billing: Subscriptions are billed in advance on a recurring basis (monthly or annually, as selected).
- Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.
- Price Changes: We reserve the right to change pricing for new subscribers. Existing subscribers will be notified of any changes affecting their subscription with at least 30 days' notice.
7. Refund Policy
All subscription fees are non-refundable. By subscribing to the Service, you acknowledge and agree that:
- No refunds, credits, or exchanges will be issued for any subscription period, whether partial or complete, including where you choose not to use the Service during a billing period.
- If you cancel your subscription, you will retain access to the Service until the end of your current billing period, but no pro-rata refund will be provided for the unused portion.
- Fees paid for upgraded or additional services are non-refundable.
Nothing in this section excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable consumer protection legislation that cannot be excluded by agreement. Where the Australian Consumer Law applies, our liability for failure to comply with a consumer guarantee is limited, to the extent permitted by law, to the re-supply of the services or the payment of the cost of having the services re-supplied.
8. Fair Use Policy
To ensure consistent service quality and availability for all members, the Service operates under a fair use policy:
- Monthly Allowance: Each subscription includes up to 300 compliance audits per calendar month.
- Monthly Reset: Your allowance resets to 300 on the 1st of each calendar month at midnight AEST. Unused audits do not roll over to the following month.
- Enterprise Use: If your practice requires audit volumes exceeding 300 per month, please contact us to discuss enterprise arrangements.
These limits are designed to be generous for legitimate clinical practice use. They exist to prevent automated abuse, bulk reselling, or use of a single subscription to service multiple unrelated practices. We reserve the right to adjust fair use limits with 30 days' notice to subscribers.
9. AHPRA Registration and Account Policy
Each subscription is tied to a single, verified AHPRA registration number. This is fundamental to the integrity and legal defensibility of the Service:
- One AHPRA Number Per Subscription: Each subscription account is linked to exactly one AHPRA registration number, provided at the time of registration. This number cannot be changed after account creation.
- Certificate Attribution: All Due Diligence Certificates issued through your account are attributed to your registered AHPRA number. This creates a verifiable chain of due diligence evidence that is specific to you as the registered practitioner.
- No Account Sharing: You may not share your account credentials or allow any other person to use your account to submit content for audit. Sharing your account compromises the regulatory attribution of certificates and may constitute a breach of these Terms.
- Team Use: If multiple practitioners within your practice require access, each practitioner must have their own individual subscription linked to their own AHPRA number. Practice managers or marketing staff may use the account on behalf of the registered practitioner, provided all audited content relates to that practitioner's practice.
- Termination for Misuse: We reserve the right to suspend or terminate any account where we reasonably believe the AHPRA number linkage is being circumvented, or where certificates are being generated for practitioners other than the account holder.
10. Intellectual Property
Our Property: The Service, including its design, features, content, and technology, is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without our express written permission.
Your Content: You retain ownership of the content you submit to the Service. By submitting content, you grant us a limited licence to process and analyse your content solely for the purpose of providing the Service. We will not use your content for any other purpose without your consent.
All Rights Reserved: All rights not expressly granted to you under these Terms are reserved by The Compliance Scalpel. No licence or right is granted to you by implication, estoppel, or otherwise except as expressly set out in these Terms.
11. Third-Party Links and Resources
The Service may contain links to third-party websites, resources, or services, including but not limited to AHPRA, TGA, Medical Board of Australia, and other regulatory or industry websites. These links are provided for your convenience and reference only.
We do not control, endorse, or assume any responsibility for the content, accuracy, availability, privacy practices, or opinions expressed on any third-party website or resource. Your use of any third-party website is at your own risk and subject to that website's own terms and conditions. We are not liable for any loss or damage arising from your reliance on information obtained from third-party websites accessed through the Service.
12. Limitation of Liability
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, accuracy, or non-infringement.
- We do not warrant that the Service will be uninterrupted, error-free, or completely secure.
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to your use of the Service.
- Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
- We shall not be liable for any regulatory action, investigation, fine, penalty, suspension, deregistration, or other consequence imposed by AHPRA, TGA, or any other regulatory body, regardless of whether the content in question was reviewed through our Service.
13. Indemnification
You agree to indemnify, defend, and hold harmless The Compliance Scalpel, its owners, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Service
- Content you submit, publish, or distribute
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- Any regulatory action taken against you or your practice
14. Privacy and Data
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.
We implement appropriate technical and organisational measures to protect the content you submit. However, no system is completely secure, and we cannot guarantee the absolute security of your data.
15. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to disclaimers, limitations of liability, indemnification, and dispute resolution.
16. Changes to Terms
We may modify these Terms at any time. Material changes will be communicated via email or through the Service with at least 30 days' notice. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms.
17. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia. Subject to Section 18 (Dispute Resolution), any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia, and you irrevocably submit to the jurisdiction of those courts.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other applicable consumer protection legislation that cannot be excluded by agreement.
18. Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Service (“Dispute”), the parties agree to follow this resolution process before commencing any court proceedings:
18.1 Informal Resolution
You agree to first attempt to resolve any Dispute informally by contacting us at [email protected] with a written description of the Dispute, including any relevant facts, your contact information, and the relief you seek. We will attempt to resolve the Dispute informally within thirty (30) days of receiving your notice. Both parties agree to negotiate in good faith during this period.
18.2 Mediation
If the Dispute is not resolved informally within thirty (30) days, either party may refer the Dispute to mediation administered by the Resolution Institute (or its successor body) in Brisbane, Queensland, in accordance with the Resolution Institute's mediation rules in effect at the time. The mediation shall be conducted in Brisbane, Queensland. The costs of the mediator shall be shared equally between the parties, with each party bearing their own costs of participating in the mediation.
18.3 Arbitration
If the Dispute is not resolved through mediation within sixty (60) days of the mediator's appointment (or such longer period as agreed by the parties), either party may refer the Dispute to binding arbitration. The arbitration shall be conducted by a single arbitrator appointed in accordance with the rules of the Resolution Institute in Brisbane, Queensland. The arbitrator's decision shall be final and binding on both parties, and judgement on the award may be entered in any court of competent jurisdiction.
The arbitration shall be conducted in English, seated in Brisbane, Queensland. The arbitrator shall apply the laws of the State of Queensland, Australia.
18.4 Exceptions
Nothing in this section prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction in Queensland where such relief is necessary to protect that party's rights or property pending the outcome of the dispute resolution process. This dispute resolution clause does not apply to matters that are not capable of being resolved by arbitration under applicable law.
19. Class Action and Representative Proceeding Waiver
To the maximum extent permitted by applicable law, you agree that any Dispute resolution proceedings will be conducted only on an individual basis and not as part of any class, consolidated, or representative action.
You expressly waive any right to:
- Initiate or participate in any class action, class arbitration, or other representative proceeding against us.
- Consolidate your claims with those of any other person or entity.
- Participate as a member or representative of a class in any proceeding involving claims related to these Terms or the Service.
If this class action waiver is found to be unenforceable in whole or in part, then the entirety of Section 18 (Dispute Resolution) shall not apply to the Dispute to the extent that it would be required to proceed on a class, consolidated, or representative basis, and such Dispute shall instead be resolved exclusively in the courts of Queensland, Australia.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
21. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
22. Contact
If you have any questions about these Terms, please contact us at:
By using The Compliance Scalpel, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You further acknowledge the disclaimers regarding legal advice, regulatory affiliation, and compliance guarantees, and accept sole responsibility for all content you publish.
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