---
title: "Terms of Service | Xia"
canonical_url: "https://xia.co.nz/terms"
last_updated: "2026-10-28T09:47:14.293Z"
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  description: "Terms of Service for Xia clinic management software."
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---

**Legal **

# **Terms of Service**

Last updated: 28 October 2026

These Terms of Service ("Terms") govern access to and use of Xia, a clinic management software service trading as Xia ("Xia", "we", "us" or "our").

By creating an account, starting a trial, purchasing a subscription, or using Xia, you agree to these Terms.

## 1. About Xia

Xia is clinic management software designed primarily for acupuncture, East Asian medicine and related healthcare practices in New Zealand.

Depending on the features available under your subscription, Xia may provide functionality including:

- appointment and calendar management;
- online booking;
- patient records;
- clinical notes;
- payment integrations;
- communications and reminders; and
- other clinic administration tools.

Xia is provided as software as a service (SaaS). It does not provide healthcare, medical advice, diagnosis, treatment recommendations, legal advice, accounting advice or ACC advice.

You remain responsible for your professional and clinical decisions and for determining whether information recorded or generated through Xia is appropriate and accurate.

## 2. Eligibility and business use

Xia is intended for use by healthcare practitioners, clinics and other healthcare businesses.

You are responsible for ensuring that your use of Xia complies with all laws, regulations, professional standards and contractual obligations that apply to you.

## 3. Accounts and authorised users

You must provide accurate and current information when creating and maintaining your Xia account.

You are responsible for:

- deciding who is authorised to access your clinic account;
- assigning appropriate permissions to users;
- keeping login credentials confidential;
- using available security measures, including multi-factor authentication where provided;
- promptly removing access when a staff member, contractor or practitioner no longer requires it; and
- notifying us promptly if you know or suspect that an account has been accessed without authorisation.

Each user should have their own account credentials. Login credentials must not be shared between users unless Xia expressly provides functionality designed for shared access.

You are responsible for activity undertaken through your account by your authorised users.

## 4. Customer and patient information

You may enter or upload information into Xia including patient details, health information, clinical notes, appointment information, documents and other records ("Customer Data").

As between you and Xia, you retain all rights you have in Customer Data. Nothing in these Terms changes the statutory rights that patients or other individuals may have in relation to their personal or health information.

You are responsible for ensuring that:

- you have lawful authority to collect, record and use Customer Data;
- information entered into Xia is accurate where accuracy is required for your professional or legal obligations; and
- your collection and use of patient information complies with the Privacy Act 2020, the Health Information Privacy Code 2020 and other applicable requirements.

You authorise Xia to store and process Customer Data.

Xia will not use or disclose patient information for unrelated purposes except where you authorise us or where required by law.

Further information about how we handle personal information is contained in our [Privacy Policy](https://xia.co.nz/privacy-policy).

## 5. Security and privacy

We will take reasonable technical and organisational measures designed to protect Customer Data against unauthorised access, use, alteration, disclosure, loss or destruction.

These measures may include encryption, access controls, authentication controls, logging, backups, monitoring and other safeguards appropriate to the nature of the information held.

No internet-based or electronic system can be guaranteed to be completely secure or continuously available.

If we become aware of a security or privacy incident affecting Customer Data, we will notify the affected Customer without undue delay where notification is reasonably required and provide information reasonably necessary for the Customer to assess and meet its legal obligations.

We will reasonably cooperate with Customers in responding to privacy incidents, access requests, correction requests and other privacy obligations relating to Customer Data held through Xia.

## 6. Clinical records and professional responsibility

Xia provides tools for creating and storing clinical and administrative records but does not determine what information you are legally or professionally required to record.

Features, templates, prompts or suggested fields provided by Xia, including suggested fields relating to ACC documentation, are intended to assist with documentation and do not guarantee that a record meets any particular legal, professional or ACC requirement.

## 7. Third-party services and integrations

Xia may integrate with third-party services including payment providers, messaging providers and other software platforms.

Your use of a third-party service may also be subject to that provider's terms, fees and privacy policies.

Where Xia integrates with Stripe or another payment provider to enable payments between your clinic and your patients:

- the payment transaction is between you, your patient and the relevant payment provider;
- Xia is not the merchant supplying the healthcare service;
- payment processing is provided by the relevant third party;
- you are responsible for refunds, disputes, chargebacks and other obligations relating to your patient transactions; and
- availability of payment functionality may depend on the third-party provider.

We are not responsible for a third-party service being unavailable, discontinued or changed, although we will take reasonable steps to manage integrations under our control.

## 8. Subscription, fees and billing

Xia is provided on a subscription basis unless otherwise agreed.

Current subscription fees and features are displayed on our website or provided to you when you subscribe.

Unless stated otherwise:

- prices are in New Zealand dollars;
- GST will be added or included as indicated;
- subscriptions renew automatically at the applicable billing interval until cancelled; and
- subscription fees are charged using the payment method associated with your account.

You authorise us and our payment provider to charge applicable subscription fees when they become due.

If payment cannot be collected, we may retry the payment and may suspend access if an amount remains overdue after reasonable notice.

## 9. Trials and promotional offers

We may offer free trials, discounted periods or other promotions.

Additional conditions may apply to a particular promotion and will be disclosed when the offer is made.

Unless otherwise stated, a trial may automatically convert to a paid subscription if payment details have been provided and you have agreed to automatic conversion.

## 10. Price changes

We may change subscription prices from time to time.

We will provide reasonable advance notice of a price increase. A price increase will normally take effect from your next renewal or billing period after the notified effective date.

If you do not wish to continue at the new price, you may cancel your subscription before the new price takes effect.

## 11. Cancellation

You may cancel your Xia subscription through your account or by contacting us.

Unless otherwise stated, cancellation takes effect at the end of the period for which you have already paid.

You may request an export of your Customer Data before cancellation takes effect or during the 30 days following cancellation.

You are responsible for ensuring that you have obtained and retained any clinical or other records that you are legally or professionally required to keep.

Within 30 days after cancellation takes effect, Xia will permanently delete your Customer Data from our active systems and backups. After deletion, the Customer Data cannot be recovered.

We will only retain Customer Data beyond this period where we are legally required or prohibited by law from deleting particular information. Any information retained for this reason will be kept only for as long as legally required and will not be used for any other purpose.

Subscription fees already paid are generally non-refundable for unused portions of a billing period, except where required by law or where we agree otherwise.

## 12. Data export and deletion

Xia will provide reasonable functionality for exporting Customer Data in one or more commonly usable formats.

You are responsible for exporting or requesting an export of any Customer Data you wish or are required to retain before the 30-day period following cancellation expires.

At the end of that period, Customer Data will be permanently deleted in accordance with section 11 and will no longer be available for export or recovery.

Deletion of Customer Data does not require Xia to delete its own business records, such as invoices, subscription records or payment records, that we are legally required or otherwise lawfully entitled to retain.

## 13. Acceptable use

You must not use Xia:

- unlawfully;
- to access information you are not authorised to access;
- to interfere with the security, integrity or operation of Xia;
- to introduce malware or malicious code;
- to attempt to gain unauthorised access to our systems or another customer's information;
- to circumvent usage or security restrictions;
- to use another person's credentials without authority;
- to systematically extract or scrape the service except through functionality or APIs we provide; or
- in a way that materially interferes with other customers' use of the service.

## 14. Availability, maintenance and changes

We aim to provide a reliable service but do not guarantee that Xia will be available without interruption or error at all times.

Access may occasionally be interrupted because of:

- scheduled maintenance;
- emergency maintenance;
- internet or infrastructure failures;
- security incidents;
- third-party service failures; or
- circumstances outside our reasonable control.

Where reasonably practicable, we will provide notice of planned maintenance likely to materially affect customers.

We may improve, modify or replace features over time. We will not intentionally remove material core functionality from a paid subscription without reasonable notice unless doing so is necessary for security, legal compliance or circumstances outside our control.

## 15. Intellectual property

Xia and all intellectual property associated with the Xia software, website, branding, designs, documentation and services belong to us or our licensors.

Your subscription gives you a limited, non-exclusive, non-transferable right to use Xia for your business during your subscription.

Your subscription does not transfer ownership of Xia software or intellectual property to you.

If you provide feedback or suggestions about Xia, we may use that feedback to improve the service without restriction or payment.

## 16. Confidentiality

Each party may receive confidential information belonging to the other.

Each party agrees to take reasonable steps to protect the other's confidential information and to use it only for purposes connected with the provision or use of Xia.

This obligation does not apply to information that:

- is already lawfully public;
- was lawfully known without confidentiality obligations;
- was independently developed; or
- must be disclosed by law.

Patient and health information must be treated in accordance with applicable privacy legislation regardless of this clause.

## 17. Suspension

We may suspend access to Xia where reasonably necessary because:

- fees are materially overdue;
- we reasonably believe an account has been compromised;
- use of the service creates a material security risk;
- you are using Xia unlawfully;
- continued access could expose Xia, another customer or another person to material harm; or
- you materially breach these Terms.

Where practicable, we will notify you and give you a reasonable opportunity to remedy the issue before suspension.

We will restore access when the reason for suspension has been resolved where reasonably possible.

## 18. Termination

Either party may terminate these Terms if the other party materially breaches them and fails to remedy the breach within a reasonable period after being notified.

We may terminate immediately where continued provision of the service would be unlawful or where there is serious misuse, fraud or a significant security threat.

Termination does not affect rights and obligations that accrued before termination.

Clauses which are intended by their nature to continue after termination, including confidentiality, intellectual property and limitations of liability, will continue.

## 19. Warranties

We will operate and maintain Xia with reasonable care and skill.

However, because software systems and third-party services can experience errors or interruptions, we do not warrant that Xia will always be uninterrupted, error-free or suitable for every particular clinical or business purpose.

You are responsible for determining whether Xia is appropriate for the requirements of your clinic and professional practice.

## 20. Limitation of liability

To the maximum extent permitted by law, Xia will not be liable for indirect or consequential losses arising from the use or inability to use Xia, including loss of profits, revenue, business opportunity or anticipated savings.

If Customer Data is lost or corrupted as a result of a failure of Xia, we will use reasonable efforts to restore the affected data from available backups. We cannot guarantee that all lost or corrupted data will be recoverable.

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded.

## 21. Customer responsibility and indemnity

You are responsible for claims arising from:

- your unlawful use of Xia;
- clinical treatment or professional services provided by you;
- information you enter into or submit through Xia where that information is unlawful, misleading or entered without appropriate authority; or
- a material breach of these Terms by you.

To the extent permitted by law, you will indemnify Xia against third-party claims, losses and reasonable costs arising directly from those matters, except to the extent that the claim or loss was caused by Xia's own breach, negligence or unlawful conduct.

## 22. Consumer Guarantees Act

You acknowledge that you acquire Xia in trade.

To the maximum extent permitted by section 43 of the Consumer Guarantees Act 1993, the parties agree that the Consumer Guarantees Act does not apply to the supply of Xia under these Terms.

The parties consider this exclusion fair and reasonable because Xia is supplied and acquired in trade.

Nothing in this clause excludes rights that cannot legally be excluded.

## 23. Changes to these Terms

We may update these Terms from time to time to reflect changes to Xia, our business, technology or applicable law.

If a change materially affects your rights or obligations, we will provide reasonable advance notice.

If you do not agree to a material change, you may cancel your subscription before the change takes effect.

Changes required urgently for security, legal or regulatory reasons may take effect sooner.

## 24. Force majeure

Neither party will be responsible for a failure or delay caused by circumstances outside its reasonable control, including natural disasters, widespread internet or telecommunications failures, major infrastructure failures, government action, war, civil disturbance or similar events.

This clause does not excuse an obligation to pay amounts already due.

## 25. Entire agreement

These Terms, together with the Privacy Policy, subscription details and any other written terms expressly incorporated into them, constitute the agreement between you and Xia concerning use of the service.

They replace prior discussions or representations about the subject matter of these Terms, except where expressly recorded in writing.

## 26. Severability

If any part of these Terms is held to be invalid or unenforceable, the remaining provisions will continue to apply.

## 27. No waiver

If either party does not enforce a right immediately, that does not mean that the right has been waived.

## 28. Assignment

You may not transfer your Xia subscription or these Terms to another person or organisation without our consent, which will not be unreasonably withheld.

We may transfer our rights and obligations as part of a genuine sale, restructuring or transfer of the Xia business, provided that doing so does not materially reduce your rights under these Terms.

## 29. Governing law and disputes

These Terms are governed by the laws of New Zealand.

If a dispute arises, both parties agree to first attempt to resolve it in good faith through direct discussion.

If the dispute cannot be resolved, either party may pursue any remedies available under New Zealand law.

## 30. Contact

Questions about these Terms can be sent to:

Xia Support [support@xia.co.nz](mailto:support@xia.co.nz) NZBN: 9429052859724