Before publishing: insert FormBody's registered ABN ([ABN — insert your registered ABN]) and the governing State/Territory ([State/Territory — e.g. New South Wales]). Everything else is final.
These Terms of Service (the "Terms") govern access to and use of FormBody, a mobile-web customer intake and staff-queue service for massage and bodywork shops. They form a binding agreement between FormBody ([ABN — insert your registered ABN]) ("FormBody", "we", "us") and the shop that registers for or uses the service ("you", "the shop"). Customers who complete an intake are covered by the intake consent and the Privacy Policy, not by these business Terms. By registering for, subscribing to, or using FormBody, you accept these Terms; if you accept on behalf of a business, you confirm you are authorised to bind it.
1. Definitions
- "Service" — the FormBody application, including the customer intake form, the staff queue, the form/menu builder, and related features we make available.
- "Customer" — an individual who completes or is asked to complete an intake at your shop.
- "Customer Data" — information submitted through an intake, together with the safety flag records described below.
- "Account Data" — your shop profile, staff accounts, form and menu configuration, and billing records.
- "Safety Flag" — a record, keyed to a Customer's name and phone number, indicating that a safety concern was raised, as described in Section 6.
- "DPA" — the Data Processing Agreement published alongside these Terms, which forms part of them.
2. The service and your licence to use it
FormBody lets your shop collect a Customer intake on the Customer's own phone — usually by scanning a QR code on arrival — and route it to your live staff queue. When a session is completed or the Customer is turned away, the Customer's health and contact details for that visit are permanently purged from our servers, as described in the Privacy Policy.
Subject to these Terms and to payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Service to operate your own shop's intake during your subscription.
FormBody is a tool for recording information a Customer provides and surfacing safety information to staff. It does not provide medical advice, does not diagnose, and is not a substitute for a qualified practitioner's judgement. All decisions about whom to treat, and how, rest entirely with you and your staff.
3. Accounts, eligibility and security
You must provide accurate registration details and keep them current. You are responsible for all activity under your account and your staff accounts, and for keeping login credentials confidential. Notify us promptly at enquiries@formbody.com.au if you suspect unauthorised use.
You must be operating a bona fide massage or bodywork business and be able to form a binding contract. You are responsible for the accuracy of the services, staff, prices, and questions you configure, and for ensuring your use complies with all laws applicable to your business.
4. Subscriptions, fees, taxes and cancellation
FormBody is offered to shops on a paid subscription. The fees, billing period, and any plan limits are those shown at sign-up or on your current plan. Unless stated otherwise, fees are exclusive of GST and other taxes, which you are responsible for where they apply.
Billing is handled by our payment processor, Stripe. By subscribing you authorise recurring charges to your nominated payment method for each billing period until you cancel, and you authorise Stripe to store and process your payment details under its own terms.
You may cancel at any time from your billing settings. Cancellation stops future renewals and takes effect at the end of the current paid period; you keep access until then. We may change pricing or plan limits on at least 30 days' notice, effective from your next renewal — if you do not accept a change, your remedy is to cancel before it takes effect.
Except where the Australian Consumer Law (ACL) or other law requires otherwise, fees already paid are non-refundable and partial periods are not pro-rated.
5. Acceptable use
You agree that you and your staff will not:
- use the Service other than to run your own shop's intake, or in breach of any law;
- attempt to access, interfere with, or disrupt data belonging to other shops or Customers, or the security or integrity of the Service;
- use the Service, or the Safety Flag feature, to harass, discriminate against, victimise, or retaliate against any person;
- copy, resell, sublicense, reverse-engineer, or create derivative works from the Service except to the extent this restriction is prohibited by law;
- upload malicious code, scrape the Service, or use it to send unlawful or unsolicited messages; or
- misrepresent your identity or your authority to configure or operate a shop account.
6. The cross-shop safety flag
A Safety Flag is keyed to a Customer's name and phone number and is shared across participating shops. When a flagged Customer submits an intake at any participating shop, that shop's staff are shown that a flag exists and must make an explicit decision before treating them. No reason and no health detail is stored with a flag.
You may raise a Safety Flag only in good faith, based on a genuine safety concern, and never to discriminate against, harass, or retaliate against a person. Safety Flags are permanent until removed, and only the platform operator can remove one — an individual shop cannot remove a flag, including one it raised itself. Requests about a flag are handled as set out in the Privacy Policy.
You acknowledge that FormBody surfaces the existence of a flag but does not instruct treatment, and that you remain solely responsible for your treatment decisions. You will indemnify FormBody against claims arising from a flag you raised otherwise than in good faith, or from a treatment decision you made, to the extent the claim is caused by your act or omission.
Because a phone number can be re-used or mistyped, a flag is a prompt for a human decision and never an automatic refusal; you may always choose to proceed.
7. Data protection, privacy and the DPA
For Customer Data collected through the Service, you are the entity that decides why and how it is collected, and FormBody handles it on your behalf as your service provider. Each party must meet its own obligations under the Privacy Act 1988 (Cth) and the APPs.
You are responsible for giving Customers the notices and obtaining the consents required for the intake — including for health (sensitive) information and for the cross-shop Safety Flag. The in-product consent wording assists with this but does not replace your own compliance.
The DPA published alongside these Terms governs how FormBody processes Customer personal information and forms part of these Terms. Where the DPA and these Terms conflict on data handling, the DPA prevails.
8. Intellectual property
FormBody and all associated software, designs, and content are owned by us or our licensors and protected by intellectual-property laws. These Terms grant you a licence to use the Service, not any ownership of it.
As between you and FormBody, you own your Account Data and Customer Data. You grant us a licence to host and process that data to provide, secure, and improve the Service, and as otherwise permitted by the Privacy Policy and the DPA. If you give us feedback, we may use it without obligation to you.
9. Confidentiality
Each party may receive information the other treats as confidential and will use it only to perform under these Terms, protecting it with reasonable care, except where disclosure is required by law. This does not apply to information that is or becomes public through no fault of the receiving party, or that it already lawfully held.
10. Third-party services
The Service relies on third-party providers, including Vercel (hosting), Supabase (database, authentication, storage), Stripe (billing), and an SMS provider where appointment messaging is enabled. Your use of features that depend on them may also be subject to their terms. We are not responsible for third-party services outside our control, but we remain responsible for our sub-processors as set out in the DPA.
11. Availability and maintenance
We aim for high availability but do not currently guarantee that the Service will be uninterrupted or error-free. We may carry out maintenance and may modify or discontinue features, giving reasonable notice of material adverse changes where practical. The Service is provided on an "as is" and "as available" basis.
12. Warranties and the Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the ACL. Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, warranty, or other term implied or imposed by law that cannot lawfully be excluded or limited.
To the maximum extent permitted by law, and subject to the non-excludable rights above, we exclude all other warranties, express or implied, including as to merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of liability
To the maximum extent permitted by law, and subject to the ACL, FormBody is not liable for the treatment decisions you or your staff make, for any indirect, incidental, special, or consequential loss, or for loss of profit, revenue, goodwill, or data, however arising.
Where our liability for failing to comply with a non-excludable ACL guarantee can lawfully be limited, it is limited (at our option) to resupplying the affected service or paying the cost of having it resupplied. Subject to that, our total aggregate liability arising out of or in connection with the Service is limited to the fees you paid us in the 12 months before the event giving rise to the liability.
14. Indemnity
You will indemnify FormBody against loss, damage, and reasonable costs it suffers arising from your breach of these Terms, your misuse of the Service, your treatment decisions, your use of the Safety Flag other than in good faith, or your breach of the Privacy Act or ACL, except to the extent the loss was caused by FormBody's own act or omission.
15. Suspension and termination
You may stop using FormBody and cancel at any time. We may suspend or terminate access if you materially breach these Terms and do not remedy it within a reasonable time, if you fail to pay, or immediately if your use risks harm to Customers, other shops, or the Service, or is required by law.
On termination your right to use the Service ends. Customer Data continues to be handled as set out in the Privacy Policy and DPA (including the per-session purge and the permanence of Safety Flags), and Account Data is retained or deleted as described there. Terms that by their nature should survive termination do so, including those on accrued fees, IP, confidentiality, liability, and indemnity.
16. Changes to these Terms
We may update these Terms from time to time. For material changes we will give reasonable notice, for example by email or in-product notice, before they take effect. Continuing to use the Service after a change takes effect means you accept the updated Terms; if you do not accept, you should stop using the Service and cancel. The current version and effective date are always shown at the top of this page.
17. General
- Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control.
- Assignment: you may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a sale of our business, on notice.
- Notices: we may give notice by email or in-product; you may contact us at enquiries@formbody.com.au.
- Entire agreement: these Terms, the Privacy Policy, and the DPA are the entire agreement between us and supersede prior discussions on their subject matter.
- Severability and waiver: if a provision is unenforceable, the rest continues; a failure to enforce a right is not a waiver of it.
18. Governing law, disputes and contact
These Terms are governed by the laws of [State/Territory — e.g. New South Wales], Australia, and each party submits to the non-exclusive jurisdiction of the courts of that place and the Commonwealth of Australia.
Before starting court proceedings (except for urgent relief), the parties will first try in good faith to resolve any dispute by discussion, having raised it in writing. Questions about these Terms can be sent to enquiries@formbody.com.au.
Related: Privacy Policy · Data Processing Agreement · © FormBody