Terms and Conditions of Use

1. Background

1.1 These Terms and Conditions (“Terms”) establish a binding agreement between you (“you”, “your”) and:

Leapforward.ai Pty Ltd (ACN 633 082 238), registered in Australia; and
Leapforward.ai Ltd (company number 15663522), registered in England and Wales

(jointly referred to as the “Provider”, “we”, “us”, “our”).

1.2 These Terms govern your use of the LeapForward program (“Program”), which may be provided to you at the request of your employer, insurer, health service provider, or other referring organisation (“Referring Organisation”).

1.3 By creating an account and using the Program, you confirm that you are at least 18 years old and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Program.

2. Definitions

In these Terms:

Content means all educational, informational, and conversational material delivered through the Program, including scripts, videos, articles, and AI-generated responses.
Consequential Loss means any indirect, remote, or unforeseeable loss, including loss of profits, revenue, goodwill, customers, business reputation, or other economic loss.
Intellectual Property (IP) means all intellectual property rights, including copyright, patents, trademarks, designs, trade secrets, and confidential information.
Personal Information means personal information as defined by the Privacy Act 1988 (Cth) in Australia, and personal data as defined by the UK GDPR in the United Kingdom.
Special Category Data means sensitive information as defined by the Privacy Act 1988 (Cth) in Australia, and special category data as defined by Article 9 of the UK GDPR in the United Kingdom, including data concerning health.
Privacy Policy means our privacy policy, available at Privacy Policy.
UK GDPR means the United Kingdom General Data Protection Regulation, as retained in domestic law by the European Union (Withdrawal) Act 2018.

3. Purpose of the Program

3.1 The Program is a digital mental health and wellbeing platform. It delivers structured program content and AI-powered conversational support to help you with psychological wellbeing, recovery, and return-to-work readiness.

3.2 Your Referring Organisation may request access to the Program on your behalf as part of an employee assistance, rehabilitation, or wellbeing initiative.

3.3 The Program provides:

an AI-powered conversational assistant (“Lucy”) that delivers program content and provides general wellbeing support;
structured educational and wellbeing content, including videos, articles, and guided exercises;
a safety monitoring system that reviews conversations for signs of distress or crisis (see Section 6);
de-identified, aggregate reporting to your Referring Organisation on program engagement and outcomes.

3.4 The Provider and clinical staff associated with your Referring Organisation may monitor your use of the Program for safety and quality purposes.

4. Use of the Program

4.1 You agree to use the Program only in accordance with these Terms and any instructions provided within the Program.

4.2 The Program is for your personal, non-commercial use only. You must not permit any third party to use your account or access the Program through your credentials.

4.3 You must not:

copy, reproduce, modify, or create derivative works of the Program or its Content;
reverse engineer, decompile, or disassemble any part of the Program;
use the Program in any way that is unlawful, harmful, or disruptive;
attempt to gain unauthorised access to the Program’s systems or infrastructure;
misrepresent your identity or provide false information during registration.

4.4 We may suspend or terminate your access to the Program at any time if we reasonably believe you have breached these Terms.

5. AI Processing

5.1 The Program uses AI technology to deliver conversational support through Lucy. Your messages are processed by Azure OpenAI, a third-party AI service provided by Microsoft, to generate Lucy’s responses.

5.2 Before your messages are sent to the AI service, personally identifiable information (such as names, phone numbers, email addresses, postcodes, and government identifiers) is automatically detected and removed. The AI service does not receive or process your real identity.

5.3 Your conversations are not used to train or improve the underlying AI models. Azure OpenAI does not use customer data for model training.

5.4 During the onboarding process, you will be asked to provide explicit consent to AI processing before you can access the Program. If you do not consent, you will not be able to use the Program, as AI processing is essential to its function.

5.5 Lucy is an AI assistant, not a human. Lucy does not provide medical advice, diagnosis, or treatment. The responses generated by Lucy are general in nature and are not tailored to your specific medical circumstances.

6. Safety Monitoring

6.1 The Program includes a safety monitoring system (“SAM”) that automatically reviews conversations for indicators of distress, crisis, or risk of harm. This monitoring runs alongside your conversations with Lucy.

6.2 If SAM detects a potential concern, a clinical staff member associated with your Referring Organisation may be notified through the Program’s clinical dashboard. The clinical staff member will assess the situation and, if appropriate, may check in on your wellbeing.

6.3 The safety monitoring system involves automated decision-making that may have a significant effect on you (for example, triggering a welfare check by a clinical staff member). Under the UK GDPR (Article 22), you have the right to be informed about such decisions and to request human review. All safety alerts are reviewed by a clinical staff member before any action is taken.

6.4 You consent to this safety monitoring as a condition of using the Program. We consider this monitoring necessary to protect your wellbeing and the wellbeing of others.

7. Disclosure and Assumption of Risk

7.1 You acknowledge and agree that:

the Content is general in nature and is not tailored to your particular medical circumstances or condition(s). It does not constitute medical advice, diagnosis, or treatment;
clinical staff associated with your Referring Organisation may review your conversations for safety and quality purposes, but do not prescribe or direct your treatment through the Program;
the Program is not designed to diagnose or treat specific psychological injury, persistent mental health conditions, or other medical issues. If you require specialised treatment, you should consult a qualified health practitioner;
your participation carries inherent risks, including the risk that engaging with wellbeing content may raise difficult emotions or exacerbate underlying conditions;
the Program is not a crisis or emergency service. If you are in immediate danger or experiencing a mental health crisis, please contact emergency services:
- United Kingdom: 999 (emergency) or Samaritans on 116 123 (24-hour support)
- Australia: 000 (emergency) or Lifeline on 13 11 14 (24-hour support)
nothing in the Program or Content is intended to replace, or reduce the urgency of the need for, in-person or emergency services;
you are responsible for using the Program in a safe and appropriate environment;
the Provider does not guarantee that the Program will be available at all times, error-free, or uninterrupted. Errors or interruptions do not constitute a breach of these Terms;
you do not rely on any representation or statement that is inconsistent with these disclosures.

8. Liability and Indemnity

8.1 Disclaimer

The Provider makes no representations or warranties (express or implied) regarding the availability, continuity, reliability, accuracy, currency, or security of the Program or Content, except to the extent required by law.

8.2 Non-excludable Rights

For users in Australia: certain rights and remedies under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law cannot be excluded, restricted, or modified. Nothing in these Terms excludes, restricts, or modifies those rights.
For users in the United Kingdom: certain rights under the Consumer Rights Act 2015 cannot be excluded or restricted. Nothing in these Terms affects your statutory rights as a consumer under UK law.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

8.3 Exclusions and Limitations

Subject to Sections 8.2 and 8.3(c) above:

all conditions, warranties, and guarantees implied by statute, common law, or custom are expressly excluded to the fullest extent permitted by law;
our total aggregate liability to you under or in connection with these Terms is limited to the amount (if any) paid by you for use of the Program;
we will have no liability to you for any Consequential Loss, however caused.

8.4 Indemnity and Release

You release the Provider and your Referring Organisation from any liability for loss or damage arising from your use of the Program or Content, to the extent permitted by law.
You agree to indemnify and hold harmless the Provider and your Referring Organisation against any loss, damage, cost, or expense arising from your breach of these Terms or your violation of any applicable law.

9. Fees

9.1 Your Referring Organisation pays all fees for your use of the Program.

9.2 Your use of the Program is provided at no cost to you.

10. Information Protection

10.1 Privacy

Your use of the Program is subject to our Privacy Policy, which describes how we collect, use, store, and disclose your personal information and special category data.
During the onboarding process, you will be asked to provide explicit consent to the collection and processing of your data as described in the Privacy Policy. You may withdraw your consent at any time by contacting our Data Protection Officer (see Section 14).
Our full Privacy Policy is available at: Privacy Policy

10.2 Intellectual Property

All intellectual property rights in the Program and Content, including copyright in the Program’s code, design, and Content, are owned by the Provider or its third-party licensors.
You must not copy, reproduce, modify, or reverse engineer the Program or any part of it.
You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Program for its stated purpose only. No proprietary rights are granted or implied.
By submitting any content through the Program (such as messages or information), you grant the Provider a non-exclusive, worldwide, royalty-free licence to use, process, and store that content for the purposes described in the Privacy Policy and for the operation of the Program, including safety monitoring and quality improvement.

10.3 Ownership

All rights, title, and interest (including intellectual property rights) in the Program and Content are owned by the Provider and/or its third-party licensors.

10.4 Security

The Provider uses reasonable technical and organisational measures to protect your information, including encryption in transit and at rest. However, the security of information transmitted over the internet cannot be entirely guaranteed. The Provider is not liable for losses arising from failures or interception beyond its reasonable control.

11. Compliance with Laws and Law Enforcement

11.1 We cooperate with government and law enforcement officials to comply with the law. We may disclose information necessary or appropriate to protect the safety of the public or any person, to respond to claims and legal process (including subpoenas and court orders), and to prevent or stop activity that may be illegal or dangerous.

11.2 We may be obliged to disclose information to law enforcement or other authorities where the law requires it, including in the following cases:

reported or suspected abuse of a child or vulnerable adult;
serious suicidal potential;
threatened harm to another person;
court-ordered presentation of treatment or records.

12. Changes to These Terms

12.1 We may update these Terms from time to time to reflect changes in the Program, applicable law, or our practices.

12.2 Where changes are significant, we will notify you through the Program and, where required by law, seek your consent before the changes take effect.

12.3 Your continued use of the Program after notification of changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you should stop using the Program.

13. General

13.1 Governing Law:

For users in the United Kingdom, these Terms are governed by the laws of England and Wales. You and the Provider submit to the non-exclusive jurisdiction of the courts of England and Wales.
For users in Australia, these Terms are governed by the laws of New South Wales. You and the Provider submit to the non-exclusive jurisdiction of the courts of New South Wales.

13.2 Assignment: This agreement is personal to you and cannot be assigned or transferred to any other person.

13.3 Severability: If any provision of these Terms is found to be prohibited or unenforceable in any jurisdiction, it will be ineffective in that jurisdiction only, and the remaining provisions will continue in full force and effect.

13.4 Waiver: A failure by us to exercise any right under these Terms does not constitute a waiver of that right.

13.5 Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Provider regarding your use of the Program and supersede all prior agreements, representations, and understandings.

13.6 Survival: Sections relating to liability, indemnity, intellectual property, and confidentiality survive termination of these Terms.

14. Contact Information

If you have any questions about these Terms, please contact:

Data Protection Officer: Jonathan Craven
Email: dpo@leapforward.ai

Provider (Australia):
Leapforward.ai Pty Ltd
ACN 633 082 238

Provider (United Kingdom):
Leapforward.ai Ltd
Company number 15663522
Registered in England and Wales