CareHub Terms and Conditions

Last updated: [TODO: date — fill on publication]

DRAFT — NOT YET PUBLISHED. This document is a working draft. It is not the live terms of CareHub. The provisions below become effective only when this banner is removed and the publication date above is replaced with a real date.

Welcome to CareHub. These Terms and Conditions ("Terms") govern your use of the CareHub app, website, and related services (together, the "CareHub Platform"), operated by Nardos Israel Zewde, an Australian sole trader, trading as Nardos' Studio (ABN 11 994 735 678) ("CareHub," "we," "us," or "our").

By creating an account or using the CareHub Platform, you agree to these Terms. If you do not agree, please do not use the platform.

If you obtain the CareHub app through the Apple App Store or Google Play, those stores' end-user licence terms also apply to your installation and use of the app, in addition to these Terms.

1. Who can use CareHub

To use CareHub, you must:

- Be at least 18 years old, or be using the platform under the supervision of your employer or care organisation.

- Have the legal authority to enter into these Terms.

- Provide accurate and complete information when registering.

- Use CareHub only for lawful purposes related to care management.

CareHub is designed for care providers, support workers, administrators, clients (participants), and their authorised family members or representatives.

2. Your account

When you create an account, you are responsible for:

- Keeping your login details secure and confidential.

- All activity that happens under your account.

- Notifying us immediately at support@carehq.au if you suspect unauthorised access.

You must not share your password or let anyone else use your account. If your account is part of an organisation, your organisation may set additional rules about how you can use it.

3. Acceptable use

When using CareHub, you must not:

- Use the platform in a way that breaks any law, including the NDIS Code of Conduct (NDIS (Code of Conduct) Rules 2018) where it applies to you.

- Upload or share content that is false, misleading, offensive, defamatory, or violates someone's privacy.

- Attempt to access information or accounts that don't belong to you.

- Interfere with the platform's security or normal operation.

- Copy, modify, distribute, or resell any part of the CareHub Platform.

- Use automated tools, such as bots or scrapers, to access the platform without our permission.

- Use the platform to harass, threaten, or harm any person.

We may suspend or terminate your access if we reasonably believe you have breached these Terms.

4. Content you upload

You keep ownership of the information and content you upload to CareHub, such as care notes, client information, photos, and documents.

By uploading content, you grant CareHub a non-exclusive, royalty-free, worldwide licence to store, host, display, process, and transmit that content for the sole purpose of providing the platform to you and your organisation. This licence includes the right for CareHub to sublicense the necessary processing rights to the subprocessors listed in our Privacy Policy (such as our cloud-hosting and AI extraction providers) solely so they can perform those services on our behalf. The licence ends when the content is deleted from the platform in accordance with our Privacy Policy.

You are responsible for ensuring you have the right to upload any information you add, including:

- Permission from clients or their representatives to store their personal and health information.

- Consent for uploading photos of clients, staff, or other people.

- Compliance with privacy laws that apply to your care organisation.

5. Our role and clinical disclaimer

CareHub is a software platform. We provide the tools. Your care organisation provides the care.

This means:

- We are not a care provider, healthcare provider, or employer.

- We do not deliver, supervise, or take responsibility for the care services recorded on the platform.

- Decisions about client care, staff scheduling, and clinical matters remain the responsibility of the care organisation and its qualified staff.

- We do not verify the accuracy of information entered by users.

- CareHub includes features that use AI to extract or summarise information from documents, emails, and notes. AI-derived outputs are intended only as drafts for human review. They are not medical, clinical, legal, or financial advice. Users remain responsible for verifying any AI-derived output before relying on it.

For care organisations that require a Data Processing Agreement governing CareHub's processing of personal information on the organisation's behalf, please contact support@carehq.au.

6. Availability of the platform

We work hard to keep CareHub available and running smoothly, but we cannot guarantee uninterrupted access. The platform may occasionally be unavailable due to maintenance, updates, technical issues, or events outside our control.

We may add, change, or remove features at any time. Where changes are significant, we will let you know in advance where reasonably possible.

7. Fees and payment

If your use of CareHub is subject to a subscription or other fees:

- Fees will be set out in your subscription plan or invoice.

- Payments are charged according to the billing cycle you have selected.

- Subscriptions automatically renew unless cancelled before the next billing date.

- Fees are non-refundable except where required by Australian Consumer Law.

We may change pricing from time to time. We will give you reasonable notice before any price change takes effect.

8. Cancellation, termination, and deletion

You may close your account at any time by contacting us at support@carehq.au, or by requesting deletion as described in Section 13 of our Privacy Policy.

We may suspend or terminate your access if:

- You breach these Terms.

- Your subscription is unpaid.

- Your organisation's agreement with us ends.

- We are required to do so by law.

When your account is closed, your access to the platform ends. We will handle any remaining data in accordance with our Privacy Policy. Where law requires us to retain certain records (for example, NDIS participant records or financial records), we will retain only those records for the minimum period required and then delete them.

An in-app account-deletion control is on our roadmap. Until it is available, account deletion is initiated by email per the Privacy Policy.

9. Intellectual property

The CareHub Platform, including its software, design, logos, and content (other than user-uploaded content), is owned by CareHub or our licensors and is protected by copyright and other intellectual property laws.

You may not copy, modify, reverse engineer, or create derivative works from the platform without our written permission.

10. Third-party services and subprocessors

CareHub integrates with the third-party services listed in our Privacy Policy, including Supabase, Vercel, Twilio, Google, Anthropic, and OpenStreetMap Nominatim. We remain responsible for our use of those services as described in our Privacy Policy. Your use of any standalone third-party services that we link to from within the CareHub Platform is governed by their own terms and privacy policies.

11. SMS communications

Where you receive SMS messages from CareHub (for example, verification codes or shift reminders), those messages are sent via Twilio. You consent to receiving operational SMS while you have an active CareHub account. You can opt out of non-essential SMS at any time by replying STOP or by changing your notification settings in the app. We comply with the Spam Act 2003 (Cth) for any commercial electronic messages.

12. Disclaimers

To the extent permitted by law:

- The CareHub Platform is provided "as is" and "as available."

- We do not guarantee that the platform will be error-free, secure, or meet your specific requirements.

- We do not provide medical, legal, or professional advice through the platform, including through any AI-derived outputs.

- Information entered or stored on the platform is the responsibility of the user who entered it.

Nothing in these Terms excludes any consumer guarantees or rights you have under the Australian Consumer Law that cannot lawfully be excluded.

13. Limitation of liability

To the maximum extent permitted by law, CareHub is not liable for:

- Loss of profits, revenue, business opportunities, or goodwill.

- Loss or corruption of data.

- Indirect, consequential, or special losses.

- Any harm caused by user-entered information, decisions made based on the platform, or actions of other users.

Where our liability cannot be excluded by law, our total liability to you is limited to the greater of (a) the amount you have paid us for the platform in the 12 months before the event giving rise to the claim, or (b) AUD $10,000.

14. Indemnity

You agree to indemnify CareHub against any claims, losses, or costs arising from:

- Your breach of these Terms.

- Your misuse of the platform.

- Content you have uploaded.

- Your breach of any law or third-party rights.

15. Privacy

Your privacy is important to us. Our handling of personal information is set out in our Privacy Policy, which forms part of these Terms.

16. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will let you know through the app or by email before the changes take effect. The "Last updated" date at the top of these Terms shows when they were last changed.

If you continue to use the CareHub Platform after changes take effect, you agree to the updated Terms. If you don't agree, you can close your account.

17. Governing law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be handled in the courts of that state.

18. General

If any part of these Terms is found to be invalid, the rest of the Terms remain in effect.

Our failure to enforce any part of these Terms does not mean we waive our rights.

These Terms are the entire agreement between you and CareHub regarding the platform.

19. Contact us

If you have questions about these Terms, please contact:

Nardos Israel Zewde t/a Nardos' Studio

ABN 11 994 735 678

7 Dempster Cres, Regents Park NSW 2143

Privacy enquiries: privacy@carehq.au

Support: support@carehq.au