Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and CareSync AI ("CareSync AI", "we", "our", "us"), concerning your access to and use of the CareSync AI platform and services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these terms, you do not have permission to access our services.

2. Description of Services

CareSync AI provides an AI-powered workforce management and rostering platform specifically designed for NDIS service providers. Our services include:

• Automated shift scheduling and rostering
• AI-powered staff matching and assignment
• GPS-based attendance verification
• Timesheet management and fraud prevention
• Real-time notifications and alerts
• Predictive analytics for workforce optimization
• Compliance tracking and reporting
• Integration with third-party systems

3. Account Registration and Security

3.1 Registration Requirements

To use our services, you must:

• Be a registered NDIS provider or authorized representative
• Be at least 18 years of age
• Provide accurate, current, and complete registration information
• Maintain and update your information as needed
• Have the legal authority to enter into these Terms

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Ensuring your staff members use their own credentials

4. Subscription and Payment Terms

4.1 Subscription Plans

CareSync AI offers various subscription plans with different features and pricing. All plans are subject to:

• Monthly or annual billing cycles
• Automatic renewal unless cancelled
• Pricing changes with 30 days notice
• Setup fees as specified in your plan

4.2 Payment

• All fees are in Australian dollars (AUD) unless otherwise specified
• Fees are exclusive of GST and other applicable taxes
• Payment is due upon receipt of invoice
• Late payments may incur interest at 1.5% per month
• We reserve the right to suspend services for overdue accounts

4.3 Refunds

Refunds are provided only as required by Australian Consumer Law. Setup fees and custom development work are non-refundable.

5. Acceptable Use Policy

You agree not to:

• Use the service for any illegal or unauthorized purpose
• Violate any laws, including NDIS regulations and privacy laws
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the service or servers
• Reverse engineer or attempt to extract source code
• Use automated systems to access the service without permission
• Resell or redistribute the service without authorization
• Misrepresent your identity or affiliation
• Harass, abuse, or harm other users

6. Intellectual Property Rights

6.1 Our Intellectual Property

All intellectual property rights in the CareSync AI platform, including software, algorithms, designs, trademarks, and content, remain the exclusive property of CareSync AI. These Terms do not grant you any rights to our intellectual property except as expressly stated.

6.2 Your Data

You retain all rights to your data. By using our service, you grant us a limited license to use, store, and process your data solely to provide the services and as described in our Privacy Policy.

6.3 Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

7. Data Protection and Privacy

Your use of our services is subject to our Privacy Policy. You acknowledge that:

• You have obtained necessary consents for data processing
• You will comply with applicable privacy laws
• You are responsible for the accuracy of data you provide
• We process data as a data processor on your behalf

8. Service Level Agreement

8.1 Availability

We strive to maintain 99.9% uptime for our services, excluding scheduled maintenance. Service credits may be available for extended downtime as specified in your subscription agreement.

8.2 Support

• Standard support available during business hours (9 AM - 5 PM AEST)
• Priority support for premium subscribers
• Emergency support for critical issues

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that our services will perform substantially in accordance with the documentation. This warranty does not apply to issues caused by misuse, unauthorized modifications, or third-party services.

9.2 AI-SPECIFIC DISCLAIMERS

BY USING OUR SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE AI-RELATED RISKS AND LIMITATIONS.

9.3 Your Responsibilities Regarding AI

• You MUST NOT rely solely on AI outputs for critical care decisions
• You MUST maintain human oversight of all AI-generated schedules and recommendations
• You MUST verify AI predictions before taking action
• You are fully responsible for decisions made based on AI recommendations
• You MUST have contingency plans for when AI services are unavailable

9.4 General Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The service will meet all your requirements
• The service will be uninterrupted or error-free
• AI models will be available or functional at all times
• AI outputs will be accurate or appropriate
• All defects will be corrected
• The service is free of viruses or harmful components

10. Indemnification

You agree to indemnify, defend, and hold harmless CareSync AI, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any content or data you provide

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE SHALL NOT BE LIABLE FOR LOSS OF PROFITS, DATA, USE, OR GOODWILL
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY

12. Termination

12.1 Termination by You

You may terminate your subscription at any time with 30 days written notice. Termination takes effect at the end of the current billing period.

12.2 Termination by Us

We may terminate or suspend your account immediately if:

• You breach these Terms
• You fail to pay fees when due
• We are required to by law
• You engage in fraudulent or illegal activities
• Continued provision would be commercially unreasonable

12.3 Effect of Termination

Upon termination:

• Your access to the service will cease
• Accrued fees remain payable
• We will provide your data for download for 30 days
• After 30 days, we may delete your data

13. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from acts beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes shall be resolved through the following process:

• Good faith negotiations between the parties
• If unresolved after 30 days, mediation under ACICA Mediation Rules
• If still unresolved, binding arbitration under ACICA Arbitration Rules
• The seat of arbitration shall be Sydney, Australia

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any subscription agreements, constitute the entire agreement between you and CareSync AI.

15.2 Amendments

We may modify these Terms at any time. Material changes will be notified 30 days in advance. Continued use after changes constitutes acceptance.

15.3 Severability

If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.4 Waiver

No waiver shall be effective unless in writing. Failure to enforce any provision shall not constitute a waiver.

15.5 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

15.6 Notices

Notices must be in writing and sent to the email address associated with your account or our designated contact address.

16. Special Terms for Beta Features

Beta features are provided "as is" without warranties. We may modify or discontinue beta features at any time without notice. Feedback on beta features becomes our property.

17. Third-Party AI Services

17.1 Acknowledgment of Third-Party Dependencies

You acknowledge that our platform's core AI functionality depends entirely on third-party services including:

• OpenAI API services (GPT-4, GPT-3.5, and future models)
• Anthropic's Claude API
• Google Cloud AI services
• Amazon Web Services AI/ML services
• Other machine learning and AI providers

17.2 Data Transmission to AI Providers

By using our services, you expressly consent to:

• Your data being transmitted to third-party AI providers
• AI providers processing your data according to their own terms and privacy policies
• Potential retention of your data by AI providers for model improvement
• Cross-border data transfer to AI providers' servers globally

17.3 No Liability for AI Provider Actions

We are NOT liable for:

• AI provider outages, errors, or service disruptions
• Changes to AI model behavior or capabilities
• AI provider data breaches or security incidents
• Termination or modification of AI provider services
• Inaccurate, biased, or harmful AI outputs
• AI provider pricing changes that may affect our service

18. Contact Information

For questions about these Terms, please contact us at:

19. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.