Client Services Agreement (Booking and Payment Terms)

This Agreement is between:

Service Provider:
Swoop Baby Pty Ltd ACN 683 273 734 (Swoop Baby, we, us, our)

and

Client:
The person or entity making a booking, purchasing a service, or otherwise accepting these terms (you, your).

By ticking a box, making payment, or allowing Swoop Baby to commence any services, you acknowledge that you have read, understood and agree to be bound by this Agreement.

1. Definitions

In this Agreement, unless the context requires otherwise:

Booking means any booking made for Services, whether for a one-off consultation or a package.
Claim means any claim, demand, loss, cost, expense, liability, damage, action or proceeding of any kind.
Deposit means any portion of the Fee identified as non-refundable.
Fees means the fees payable for the Services as advertised or otherwise agreed at the time of Booking.
Home Services means any Services provided in your home or at any premises nominated by you.
Materials means all plans, programs, guides, documents, content, recordings, data and other materials created or supplied by Swoop Baby in connection with the Services, including the Plan.
Plan means the customised sleep or parenting plan created for you and your child.
Services means the sleep consultancy and newborn support services provided by Swoop Baby, including one-off consultations, packages, remote services, in-home services, Newborn Programs (including overnight newborn care and night nanny services, together "Newborn Nights") and any support period.
Support Period means any post-consultation support period included in a package.
Newborn Nights means overnight newborn care or night nanny services forming part of a Newborn Program, whether delivered by Swoop Baby personnel or by an independent contractor engaged by Swoop Baby for that purpose.

2. Scope of Services

Swoop Baby provides sleep consultancy and related support services for families with children aged 0 to 5.
The Services, inclusions, timing and Fees are those described at the time of Booking.
Services may be delivered remotely and or in person.
Where a package includes a Support Period, it commences on the date stated at purchase or, if not stated, on the date of the first consultation.
Swoop Baby will provide the Services with reasonable care and skill.
Newborn Programs, including Newborn Nights, may be delivered by Swoop Baby's own personnel or by independent contractors engaged by Swoop Baby for that purpose.

3. No Guarantees and Acknowledgements

You acknowledge that:
1. every child and family is different;
2. outcomes depend on variables beyond Swoop Baby's control; and
3. no specific result can be guaranteed.
You accept that:
1. your child may not respond as anticipated;
2. progress may be non-linear; and
3. implementation of any Plan is your decision.
Swoop Baby does not warrant or guarantee any particular outcome.

4. Not Medical Advice

Swoop Baby is not a medical provider.
Nothing provided constitutes medical advice, diagnosis or treatment.
You remain solely responsible for your child's health and wellbeing and must seek medical advice where required.
Where a Newborn Program includes services provided by a Nurse Practitioner or other registered health professional engaged by Swoop Baby, those specific services may include clinical assessment, monitoring and, within that practitioner's scope of practice and registration, prescribing. To that limited extent, paragraphs (a) to (c) above do not apply to those specific clinical services;
any clinical services provided under a Newborn Program are given within the treating practitioner's professional registration (including any applicable AHPRA registration) and scope of practice, and do not extend to emergency medical care. You must seek emergency medical attention (including via 000 or your nearest hospital) for any medical emergency;
by accepting a Newborn Program that includes clinical services, you consent to those services being provided by the relevant registered practitioner and acknowledge that Swoop Baby may share relevant information about your child's care with that practitioner and, where appropriate, your treating doctor or other healthcare providers for continuity of care; and
nothing in this clause limits your right to seek independent medical advice at any time.

5. Client Obligations

You must:

provide accurate, complete and up-to-date information;
respond to requests within a reasonable time;
attend consultations on time;
follow safe sleep guidelines, including those of Red Nose Australia;
ensure your child's safety at all times;
communicate honestly and respectfully;
ensure that any premises nominated for Services are safe, hygienic and suitable;
submit your completed intake form within 7 days of your Booking (see clause 10 for the consequences of late or non-submission); and
acknowledge that delays or failures caused by your acts or omissions may impact delivery of Services.

6. Home Services, Safety and Risk Allocation

Where Home Services are provided, you warrant that:
1. the premises are safe, hygienic and suitable;
2. no person, animal, hazard or condition presents a risk to Swoop Baby or its representatives; and
3. you hold public liability insurance of not less than AUD $10 million per event.
You indemnify Swoop Baby against any Claim arising from or in connection with:
1. entry to or attendance at your premises;
2. any injury, illness, loss or damage occurring at your premises; or
3. any unsafe or unsuitable condition.
Swoop Baby may refuse, suspend or terminate Services immediately if, in its reasonable opinion:
1. the premises are unsafe or unsuitable;
2. a parent, child or household member is unwell or unfit to receive Services;
3. mental health deterioration materially affects the ability to safely proceed;
4. safety cannot be assured; or
5. cooperation is not forthcoming.

7. Fees and Payment

All Fees are payable strictly in accordance with the terms displayed and accepted at the time of Booking, and these Terms governs every Booking made for Services.
Swoop Baby may require:
1. full payment upfront; or
2. payment of a non-refundable Deposit with the balance payable as invoiced.
Services will not commence until required payments are received.
If any amount remains unpaid, Swoop Baby may suspend Services.

8. Support Period

Where a package includes a Support Period, that support is client-led and available at the Client's discretion.
During the Support Period, Swoop Baby may provide:
1. responsive guidance via text or email during business hours (Monday to Friday, 9am to 5pm);
2. up to two short follow-up calls (approximately 15 minutes each) at mutually agreed times; and
3. access to a shared note or document for tracking and troubleshooting, where offered as part of the package.
"Daily support" means that Swoop Baby is available to respond to questions during the Support Period. It does not mean that Swoop Baby will initiate contact every day.
Swoop Baby will respond as promptly as reasonably practicable, having regard to the nature of the enquiry and the needs of all clients.
Support is advisory in nature and does not include 24 hour access, overnight monitoring, or real-time coaching.
Swoop Baby aims to respond to messages within a 4 hour window during the business hours set out in paragraph (b)(i) above. Response times outside those hours are at Swoop Baby's discretion and are not a contractual obligation.

9. Consultation Scheduling and Validity

Scheduling timeframe

All remote consultations must be scheduled within four (4) weeks of the date of purchase unless otherwise agreed in writing. This ensures that the information relied upon and the guidance provided remains current and relevant to your child's sleep needs.

Failure to schedule within timeframe

If a consultation is not scheduled within four (4) weeks of purchase, Swoop Baby may, in its discretion:

require updated intake information before confirming a booking;
offer limited or restricted availability; and
apply a reasonable rebooking or administration fee.

Delivery commitment

For Remote Sleep Conditioning Programs, you commit to completing your program within a 2-week delivery window commencing from the date of your scheduled review call. If your review call is rescheduled under clause 10, the 2-week delivery window runs from the rescheduled review call. Please refer to the Returns and Cancellations Policy for full details.

10. Cancellations, Rescheduling and Refunds

The following terms in this clause 10 set out the cancellation, rescheduling and refund terms that apply to your Booking. Equivalent terms are also published in Swoop Baby's Returns and Cancellations Policy on its website for your reference. In the event of any inconsistency between that published policy and this Agreement, this Agreement prevails.
You acknowledge that:
1. Deposits are non-refundable.
2. Strict notice periods apply for cancellation and rescheduling.
3. Late cancellations and no-shows attract financial consequences.
4. Once Services have commenced, there are no refunds for change of mind.
Why these terms apply. Once a Booking is made, the booked time is reserved exclusively for you and is not offered to other clients. From that point Swoop Baby incurs administration and onboarding costs, reviews your intake information, and commences preparation for your Booking. If a Booking is cancelled or moved without adequate notice, Swoop Baby is unlikely to be able to fill that time with other work. The deposit, notice periods and forfeiture amounts in this clause 10 reflect those costs and commitments, are a genuine pre-estimate of the loss Swoop Baby would suffer, and are not penalties. Where a Booking includes Home Services, they also reflect travel time and arrangements made for you. Where a Booking includes Newborn Nights, they also reflect Swoop Baby's commitment to independent contractors engaged for your Booking, who must be paid whether or not you proceed. Nothing in this clause limits your rights under the Australian Consumer Law.
Deposits and Travel Fee. A non-refundable deposit of 50% of the total Fee applies across all of your Bookings (including Sleep Conditioning Programs, Newborn Programs and Newborn Nights), whether the Fee is paid upfront or by instalment. Where a Booking includes Home Services, cancellation of that Booking (in circumstances where a refund or partial refund would otherwise be available under this clause 10) also results in forfeiture of the full travel fee associated with that Booking.
Intake Form and Service Commencement. Following your Booking, you must submit your completed intake form within 7 days of the date of purchase. A reminder will be sent if the intake form has not been submitted by day 4. Services are taken to commence, and no refund for change of mind is available, from the date your completed intake form is received. If your completed intake form is not submitted within the 7 day period, your Booking will be treated in the same way as a No-Show under paragraph (g) below, and the applicable fee will be non-refundable.
Cancellation Before Intake Form Submitted. If you cancel your Booking before submitting your completed intake form, your deposit (and, where your Booking includes Home Services, the full travel fee) is non-refundable and will be retained by Swoop Baby. Any balance you have paid will be refunded to you.
No-Show Policy. If you do not attend a scheduled consultation or appointment without giving Swoop Baby prior notice, this will be treated as a No-Show and the full fee for that consultation or appointment is non-refundable. If you miss a scheduled review call, your Plan will be emailed to you and the review call slot is forfeited. A cancellation of any consultation or appointment made with less than 48 hours' notice will also be treated as a No-Show, and the full fee is non-refundable.
Illness Pause. Where your child is unwell, you may request a pause of your program of up to 4 weeks. You must give Swoop Baby at least 48 hours' notice to invoke this pause and, if Swoop Baby asks for it, provide a medical certificate or other reasonable evidence of your child's illness. Whether to request a medical certificate, and all other matters relating to a requested pause, are at Swoop Baby's discretion. An Illness Pause does not otherwise extend any notice period or timeframe set out in this clause 10.
Booking Definitions. A reference to a "booking" for a Sleep Conditioning Program or Newborn Program means, in respect of "Newborn Consultation", the date of the one-hour session for working through the tailored sleep program; in respect of "1:1 Remote Sleep Conditioning", the date of the 45 minute review call; in respect of "1:1 In Home Sleep Conditioning", the date of your scheduled in-home support; in respect of a Newborn Program, the date of the first scheduled consultation or in-home visit under that program; and in respect of Newborn Nights, the date of the first scheduled overnight shift. In-home visits will only be scheduled once your completed intake form has been received (see paragraph (e) above).
Cancellations (Sleep Conditioning Programs). For all Sleep Conditioning Programs (including "Newborn Consultation", 1:1 Remote Sleep Conditioning and 1:1 In Home Sleep Conditioning), the date your completed intake form is submitted is the cut-off for any refund. If you cancel before submitting your completed intake form, paragraph (f) above applies. Once your completed intake form has been submitted, cancellations are not permitted, all amounts paid are non-refundable and any unpaid balance of the program fee remains payable. You may still reschedule your program under paragraphs (k) and (l) below, provided the applicable notice period is complied with.
Rescheduling for Remote Bookings. For remote program bookings (including 1:1 Remote Sleep Conditioning), you may request to reschedule up to 5 days before the scheduled review call, and the service may be rescheduled to another date falling within 3 calendar months from the date of purchase, subject to Swoop Baby's availability. A reschedule under this paragraph overrides the 2-week delivery window in clause 9(c), which will run from your rescheduled review call. If your rescheduled review call is more than 4 weeks after you submitted your intake form, Swoop Baby may ask you to complete an updated intake form so that your Plan is based on current information. Swoop Baby will try to accommodate your preferred new date, subject to its capacity, but this cannot be guaranteed. Requests made less than 5 days before the scheduled review call cannot be accommodated, except where the Illness Pause applies. Where cancellation of a remote booking is due to your child's illness, the Illness Pause under paragraph (h) above applies (including that Swoop Baby may ask for a medical certificate), and your program may be paused for up to 4 weeks and will then be rebooked at Swoop Baby's next earliest availability. Otherwise, all amounts paid remain non-refundable.
Rescheduling for In-Home Bookings. For in-home program bookings, you may request to reschedule up to 5 days before the scheduled in-home visit, and the service may be rescheduled to another date falling within 3 calendar months from the date of purchase, subject to Swoop Baby's availability. Swoop Baby will try to accommodate your preferred new date, subject to its capacity, but this cannot be guaranteed. Requests made less than 5 days before the scheduled visit cannot be accommodated, except where the Illness Pause applies; all amounts paid remain non-refundable. Where cancellation of an in-home booking is due to your child's illness, 48 hours' notice is required and the Illness Pause under paragraph (h) above applies (including that Swoop Baby may ask for a medical certificate); where less than 48 hours' notice is given (but before the scheduled visit), the full service fee and the full travel fee are non-refundable, because Swoop Baby cannot refill that time at such short notice, but you may still reschedule to Swoop Baby's earliest availability within 3 months; where no notice is given, the No-Show Policy applies.
All Other Bookings. You may pay the fee for your booking in full or pay a 50% deposit with the remainder payable in accordance with the invoice terms. 50% of the total fee comprises the deposit for your purchase irrespective of whether the payment is made upfront or in instalments. Deposits are non-refundable. Cancellations. 72 hours before booking time: Swoop Baby allows cancellations up to 72 hours before the first appointment booking time. The deposit paid towards your booking is non-refundable, and no further fees shall apply. If you paid in full for your booking, 50% of the total invoiced amount will be retained as a non-refundable deposit, and the remainder will be refunded to you. Less than 72 hours before booking time: cancellations are not permitted. The deposit and the remainder of the applicable booking fee must be paid in full and are non-refundable. Payments in full are non-refundable. You may reschedule the booking subject to the rescheduling terms below. Rescheduling: Swoop Baby allows rescheduling of bookings for requests received up to 48 hours prior to the booking time. The services may be rescheduled to another date falling within 10 business days from the booking date, subject to Swoop Baby's availability. The fee for the booking must be paid in accordance with the original purchase invoice.
Service Quality Concerns. If you're not happy with the standard of the Services you've received, you must notify Swoop Baby within 48 hours of the relevant consultation or service so we can look into it promptly. Swoop Baby will carefully consider your concerns and may, in its absolute discretion, offer one or more of the following: (i) a refund; (ii) a partial refund; (iii) re-supply of the relevant Services; (iv) partial re-supply of the relevant Services; (v) a credit towards a future service; (vi) an alternative service; or (vii) no remedy. A Service is taken to have been delivered once the applicable review call and Plan have been provided and any included Support Period has been made available to you. Because the Support Period is client-led (see clause 8(a)), it is treated as provided for its full length whether or not you choose to use it, and choosing not to engage during the Support Period is not, on its own, a ground for a refund.
Newborn Programs and Night Nanny Services. This paragraph applies to Newborn Programs, including overnight newborn care and night nanny services ("Newborn Nights"). The Deposits and Travel Fee, Intake Form and Service Commencement, Cancellation Before Intake Form Submitted, No-Show Policy and Illness Pause provisions above apply equally to Newborn Programs. Once your intake form is submitted, Swoop Baby will arrange your Newborn Program booking (including any in-home visit or Newborn Nights booking) with you. Where a Newborn Nights or in-home booking time is offered, that time is held on a tentative basis for 48 hours, and the hold will be released without further notice if payment is not received within that period. The following notice periods apply to Newborn Nights bookings:
1. More than 5 days' notice: your deposit is retained and the balance of any amount paid is refunded to you, or you may reschedule your Newborn Nights booking at no additional cost.
2. Less than 5 days' notice: your deposit is forfeited, but you may still reschedule your Newborn Nights booking.
3. Less than 48 hours' notice, or no notice (No-Show): the full fee is non-refundable and that booking cannot be rescheduled. You are welcome to make a new Booking for Newborn Nights at the applicable Fee.
Because Swoop Baby's night nannies are engaged as independent contractors and must be paid for confirmed bookings regardless of cancellation, these Newborn Nights notice periods and consequences apply strictly and are not subject to the Illness Pause.
Swoop Baby-Initiated Cancellations. Where Swoop Baby needs to cancel your Booking for a reason other than a safety concern under clause 6(c), you will be offered a reschedule. If a reschedule is not workable for you, Swoop Baby will provide a full refund.
If Swoop Baby terminates Services under clause 6(c) or clause 16, Swoop Baby may, in its discretion, provide a pro rata refund for Services not yet delivered.
Nothing in this Agreement excludes rights under Australian Consumer Law.

11. Intellectual Property and Licence

All Intellectual Property in the Materials remains the property of Swoop Baby until all Fees are paid in full.
Upon full payment, ownership of the Materials passes to you, subject to the licence restrictions in this clause.
You are granted a personal, non-transferable licence to use the Materials:
1. solely for your own personal use; and
2. solely in relation to your own child.
You must not:
1. share the Materials with any third party;
2. duplicate or reproduce the Materials;
3. resell or commercialise the Materials; or
4. provide the Materials to any other family, consultant or practitioner.
Any breach of this clause constitutes a material breach and entitles Swoop Baby to terminate this Agreement and pursue all available remedies.

12. Privacy

Swoop Baby collects and handles personal information in accordance with its Privacy Policy. By entering into this Agreement, you consent to that collection, use and disclosure, including to third-party providers and, where necessary, overseas.

13. Confidentiality and Non Disparagement

You acknowledge that in the course of providing the Services, Swoop Baby may disclose to you confidential information relating to its business, systems, methods, intellectual property, pricing, processes, strategies and operations ("Confidential Information").
You must:
1. keep all Confidential Information strictly confidential;
2. not disclose, publish or communicate any Confidential Information to any third party;
3. not use any Confidential Information for any purpose other than receiving the Services; and
4. take all reasonable steps to prevent unauthorised access to or disclosure of Confidential Information.
You agree that you will not, whether directly or indirectly:
1. make, publish or communicate any statement, comment, post, review or representation (including on social media, review platforms or in private groups) that is false, misleading, defamatory or damaging to Swoop Baby, its reputation or its business; or
2. encourage or assist any other person to do so.
You acknowledge that:
1. Swoop Baby's reputation is a critical business asset; and
2. a breach of this clause is likely to cause irreparable harm for which damages may be an inadequate remedy.
Swoop Baby is entitled to seek immediate injunctive or equitable relief in the event of any breach or threatened breach of this clause, in addition to any other rights or remedies available at law.
Nothing in this clause prevents you from exercising any right or remedy you may have under the Australian Consumer Law or from making a genuine complaint to a regulator or court of competent jurisdiction.

14. Limitation of Liability

To the maximum extent permitted by law, and subject only to any non-excludable rights under the Australian Consumer Law:
1. all express and implied warranties, representations and conditions in relation to the Services and Materials are excluded;
2. Swoop Baby's liability for any failure to comply with a consumer guarantee is limited, at Swoop Baby's election, to one or more of the following remedies:
  - the resupply of the Services; or
  - the refund of the amount paid for the relevant Service;
3. Swoop Baby will not be liable for any indirect, incidental, special, exemplary or consequential loss, including (without limitation) loss of enjoyment, loss of opportunity, emotional distress, economic loss or loss of anticipated outcomes; and
4. Swoop Baby's aggregate liability to you arising out of or in connection with this Agreement, the Services or the Materials (whether in contract, tort including negligence, statute or otherwise) is strictly limited to the total Fees actually paid by you to Swoop Baby for the relevant Booking giving rise to the Claim.
You acknowledge that:
1. the Services are advisory and educational in nature;
2. all decisions in relation to your child remain your responsibility; and
3. you assume all risk associated with implementing or declining to implement any aspect of the Services or the Plan.
Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law that cannot lawfully be excluded. However, to the extent permitted by law, Swoop Baby's liability for breach of any such guarantee is limited in accordance with this clause.

15. Indemnity and Release

To the maximum extent permitted by law, you irrevocably and unconditionally indemnify, defend and hold harmless Swoop Baby, its directors, officers, employees, contractors and representatives from and against any and all Claims, losses, liabilities, damages, costs and expenses (including legal costs on a full indemnity basis) arising directly or indirectly out of or in connection with:
1. any breach by you of this Agreement;
2. your use, misuse or non-use of the Services or any Materials;
3. any decision made or action taken by you in reliance on the Services or the Plan;
4. any act or omission occurring in your home or on any premises at which the Services are provided;
5. the care, supervision, handling or management of your child;
6. any injury, illness, deterioration in health or wellbeing of any child, parent, caregiver or third party; and
7. any Claim made by or on behalf of a third party arising from any of the above matters.
This indemnity applies whether the Claim arises in contract, tort (including negligence), statute or otherwise, and whether or not the loss was foreseeable.
You release Swoop Baby from any Claim to the fullest extent permitted by law arising from or in connection with the matters set out in this clause, except to the extent that such Claim cannot lawfully be excluded under the Australian Consumer Law.
Your obligations under this clause survive termination or expiry of this Agreement.

16. Termination, Suspension and Suitability

Swoop Baby may, in its absolute discretion and at any time, suspend or terminate this Agreement and the provision of Services immediately by written or verbal notice to you if Swoop Baby forms the professional view that:
1. you have breached this Agreement;
2. any Fees remain unpaid;
3. your home environment is unsafe, unsuitable or unhygienic for the provision of Services;
4. the physical, emotional or mental health of a parent, caregiver or child has deteriorated, or is such that it is no longer safe or appropriate for the Services to continue;
5. a parent or caregiver is unable or unwilling to implement the Plan in a manner that ensures the child's safety and wellbeing;
6. Swoop Baby reasonably believes that continuation of the Services may place a child, parent, caregiver, or Swoop Baby's personnel at risk; or
7. for any other reason Swoop Baby reasonably determines that the Services cannot be provided safely, ethically or appropriately.
You acknowledge and agree that determinations under this clause are made in Swoop Baby's professional capacity and in the interests of safety and welfare. You waive any claim arising solely from Swoop Baby exercising its rights under this clause.
Where Services are suspended or terminated under this clause:
1. all Fees paid remain non-refundable;
2. all outstanding Fees immediately become due and payable; and
3. Swoop Baby may, in its sole discretion, elect to provide a pro rata refund for Services not yet delivered, but is under no obligation to do so.
Termination or suspension under this clause does not affect:
1. any rights accrued prior to termination; or
2. any clause which by its nature is intended to survive termination, including without limitation those relating to fees, intellectual property, confidentiality, indemnities, limitation of liability and governing law.
You may terminate this Agreement at any time by written notice to Swoop Baby. Termination by you does not affect your obligation to pay any Fees or Deposit already due, and any refund to which you may be entitled will be determined in accordance with clause 10.

17. Force Majeure and Unforeseen Events

Swoop Baby will not be liable for any delay, suspension or failure to perform its obligations under this Agreement where that delay, suspension or failure arises from events beyond Swoop Baby's reasonable control, including (without limitation):
1. illness, injury or medical emergency affecting a child, parent, caregiver or Swoop Baby personnel;
2. deterioration in a parent's or child's physical, emotional or mental health;
3. public health events, pandemics, epidemics or government restrictions;
4. natural disasters, extreme weather events, fire, flood or power outages;
5. transport failures or unsafe travel conditions; or
6. any other circumstance that makes performance unsafe, impractical or inappropriate.
Where a Force Majeure event occurs:
1. Swoop Baby may suspend or reschedule Services for the duration of the event;
2. time for performance is extended accordingly; and
3. Swoop Baby is not liable for any loss, cost or damage arising from the delay, suspension or rescheduling.
If a Force Majeure event continues for a period that, in Swoop Baby's reasonable opinion, renders the Services no longer viable or appropriate, Swoop Baby may terminate this Agreement in accordance with clause 16.
Nothing in this clause limits any rights you may have under Australian Consumer Law.
This clause applies to Swoop Baby's performance of the Services. It does not excuse, extend or otherwise affect your obligations under this Agreement, including your obligation to attend a Booking, to give notice of cancellation, or to pay any Fees or Deposit due, all of which remain governed exclusively by clause 10 (including the Illness Pause under that clause), whether or not a Force Majeure event has occurred.

18. Use of Artificial Intelligence

Swoop Baby may use artificial intelligence (AI) tools to assist with the delivery of the Services, including administration, scheduling and correspondence. Swoop Baby may also use AI tools, set up with Swoop Baby's own programs and philosophy, to help prepare your personalised Plan more efficiently. Every Plan is tailored to your child and family, and is reviewed and finalised by Swoop Baby before it is shared with you. AI is used as a tool to support Swoop Baby's work and does not replace Swoop Baby's professional judgement, experience or direct engagement with you.
Swoop Baby may also use AI-enabled tools that connect to its systems and that monitor, record, transcribe or summarise sessions, calls, meetings and correspondence with you.
Nothing generated by an AI tool constitutes medical, legal, financial or other professional advice, and clauses 3 and 4 apply to all AI-assisted output.
By entering into this Agreement, you consent to:
1. Swoop Baby's use of AI tools in connection with the Services, including the monitoring, recording, transcription and summarising of sessions, calls, meetings and correspondence; and
2. the input of your Confidential Information and personal information into AI tools for the purpose of providing the Services,
and this consent is given for the purposes of clause 12 and any applicable privacy and surveillance devices legislation.
You acknowledge that AI tools are operated by third parties and may store or process information outside Australia in accordance with their own terms and privacy policies, and that Swoop Baby does not control and is not responsible for the data handling, retention or model training practices of any third-party AI tool.
You may withdraw the consent given under clause 18(d) at any time by written notice to Swoop Baby. Withdrawal operates from the date the notice is received and does not affect anything done before that date. You acknowledge that:
1. AI tools may be integral to the way Swoop Baby delivers the Services;
2. Swoop Baby is not required to continue providing the Services without the use of AI tools, and is not required to offer, negotiate or agree to any alternative scope, method of delivery, timeframe or Fee; and
3. where Swoop Baby does not continue providing the Services following your withdrawal of consent, the withdrawal is treated as termination of this Agreement by you and clauses 10 and 16 apply, including your obligation to pay all Fees and any Deposit due for the Booking and Swoop Baby's entitlement to retain any Fees already paid. This does not apply where the withdrawal arises from Swoop Baby's breach of this Agreement.
Swoop Baby reviews AI-assisted work before it is provided to you. You acknowledge that AI-assisted output may contain errors or inaccuracies and, subject to clause 14, Swoop Baby is not liable for any loss arising from your reliance on AI-assisted output otherwise than in accordance with this Agreement.

19. Governing Law

This Agreement is governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

By proceeding with a Booking, you confirm that you understand and agree to these terms.