Terms of Service

1. Acceptance of Terms

By creating an account or using the Calma Practiq platform ("Service") at calmapractiq.com, you ("Practitioner", "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

The Service is operated by Tom Hopkin trading as Calma Practiq ("Calma Practiq", "we", "us", "our"), based in New Zealand. These Terms constitute a legally binding agreement between you and Calma Practiq.

You must be at least 18 years of age and have the legal capacity to enter into contracts to use the Service.

2. Description of Service

Calma Practiq is a cloud-based practice management platform designed for hypnotherapists and complementary health practitioners. The Service includes:

• Client record management
• Appointment scheduling and calendar management
• Intake forms and session notes
• Invoicing and payment processing
• Automated appointment reminders via email and SMS
• Optional integrations with Google Calendar, Zoom, and Stripe
• A public booking page for client self-booking

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice where practicable.

3. Account Registration

You must provide accurate and complete information when registering. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must notify us immediately at tomhopkin.systems@gmail.com if you become aware of any unauthorised access to your account.

One account may not be shared between multiple practitioners. Each practitioner must have their own account.

4. Subscription Plans and Payment

Calma Practiq offers a free plan and paid subscription plans. Paid plans are billed monthly or annually in advance via Stripe. All prices are in New Zealand Dollars (NZD) unless otherwise stated and are inclusive of GST where applicable.

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time from your account Settings page.

No refunds are provided for partial subscription periods, except as required by the New Zealand Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

We reserve the right to change subscription pricing with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Your Responsibilities as a Practitioner

By using Calma Practiq to manage client records, you agree that you:

• Are solely responsible for the accuracy, legality, and appropriateness of all data you enter into the Service, including client records, session notes, and intake forms.
• Have obtained all necessary consents from your clients to collect, store, and process their personal information using a third-party platform, in accordance with the New Zealand Privacy Act 2020.
• Comply with all applicable laws and professional obligations governing the collection and storage of health information, including the Health Information Privacy Code 2020.
• Do not use the Service to store information about clients who have not consented to electronic records.
• Take reasonable steps to ensure your Calma Practiq account is accessed securely and that your login credentials are kept confidential.
• Are responsible for notifying your clients about how their data is stored and processed, including that it is held on a third-party platform.

6. Data Processing

For the purposes of the Privacy Act 2020, you act as the data controller for your clients' personal information, and Calma Practiq acts as a data processor on your behalf. We process client data solely as instructed by you through your use of the Service and do not use it for any other purpose.

We implement appropriate technical and organisational security measures to protect client data, as further described in our Privacy Policy.

In the event of a privacy breach affecting your clients' data, we will notify you as soon as practicable so that you can meet your own notification obligations under the Privacy Act 2020.

7. Acceptable Use

You must not use the Service to:

• Violate any applicable law or regulation
• Store or transmit content that is unlawful, harmful, threatening, abusive, or defamatory
• Attempt to gain unauthorised access to any part of the Service or its infrastructure
• Reverse engineer, decompile, or copy any part of the Service
• Use the Service for any purpose other than managing your own legitimate health practice
• Transmit malware, spam, or any malicious code
• Resell or sublicense access to the Service to any third party

8. Client Payments via Stripe Connect

Practitioners may optionally connect their own Stripe account to receive payments from their clients directly. By doing so, you agree to Stripe's Connected Account Agreement.

Calma Practiq is not a party to transactions between you and your clients. You are solely responsible for determining and charging appropriate fees, issuing refunds, and complying with all applicable consumer protection laws in your dealings with clients.

9. Intellectual Property

Calma Practiq and all associated software, design, trademarks, and content are owned by or licensed to Tom Hopkin. Nothing in these Terms grants you any rights to use our intellectual property other than as necessary to use the Service.

You retain full ownership of all data you enter into the Service, including client records and clinical notes. By using the Service, you grant us a limited licence to store and process that data solely for the purpose of providing the Service to you.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

Calma Practiq is a practice administration tool and does not constitute medical, clinical, legal, or financial advice. You are solely responsible for the clinical care of your clients.

Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be excluded by contract.

11. Limitation of Liability

To the maximum extent permitted by New Zealand law, Calma Practiq's total liability to you for any claim arising under or in connection with these Terms or the Service (whether in contract, tort, or otherwise) is limited to the total amount you paid to Calma Practiq in the 12 months immediately preceding the event giving rise to the claim, or NZD $100, whichever is greater.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of revenue, or loss of business, even if we have been advised of the possibility of such damages.

We are not liable for any loss or damage arising from your failure to comply with your obligations under these Terms, your professional obligations, or applicable privacy laws.

12. Indemnification

You agree to indemnify and hold harmless Tom Hopkin, Calma Practiq, and any associated contractors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service in violation of these Terms
• Your breach of any applicable privacy law or professional obligation
• Any claim brought by one of your clients relating to how you have handled their information
• Any content or data you have entered into the Service

13. Suspension and Termination

You may close your account at any time from the Settings page. Upon account deletion, your data will be permanently removed within 30 days.

We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or if required by law. Where possible, we will provide advance notice and an opportunity to remedy a breach before termination.

Upon termination, you are responsible for exporting any client data you need to retain for professional or legal purposes before your account is deleted.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you may cancel your account before they take effect.

15. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the New Zealand courts.

We encourage you to contact us first to resolve any dispute informally before pursuing formal legal proceedings.

16. Contact

For any questions about these Terms, please contact: