Inclusify Terms and Conditions

1. Parties and acceptance

1.1 These Terms and Conditions (the Terms) are between Inclusify and the entity or individual (you, your, the Customer or the Provider) that creates an account, accepts an invitation, completes onboarding, or otherwise accesses the Inclusify platform (the Service or the Platform).

1.2 By creating an account, accepting an invitation, completing onboarding, or continuing to use the Service, the Provider agrees to these Terms and to the Inclusify Privacy Policy, which is incorporated into these Terms by reference.

1.3 Inclusify provides the Service to, and operates within, Australia. The Service is intended solely for providers and users located in Australia and for Australian NDIS-funded supports and services. You must not use the Service from outside Australia.

2. The Platform

2.1 The Platform is a provider management and workflow platform covering provider onboarding and readiness, staff access lifecycle, workforce readiness, participant intake and service readiness, funding and service agreements, pricing, rostering and shift lifecycle, support worker mobile service delivery, timesheets, claims, invoicing and payments, incidents and complaints, safeguarding, clinical governance, risk and quality, documents and records, communications and notifications, reporting, and related workflows.

2.2 The Service is provided over the internet through a trusted API. Identity and authentication are managed through a federated identity provider. Authority (memberships, roles, duty packs, scopes, delegations, sensitive access, approvals and expiry) is held in Inclusify's persistent authority layer, never in the browser.

2.3 The Service does not itself deliver therapy, clinical judgment, legal advice, or regulatory approval.

3. Accounts, security, and responsibility

3.1 The Provider must provide accurate, current and complete information on sign-up, invitation acceptance, and onboarding, and must maintain it. The Provider is responsible for all activity that occurs under its accounts and memberships.

3.2 The Provider must ensure that accounts are used only by authorised personnel, and that memberships, roles, scopes, delegations, sensitive access and expiry are kept current. The Provider must promptly revoke access for people who should no longer have access.

3.3 The Provider is responsible for the accuracy, lawfulness, completeness, and consent or lawful basis of all content it enters, including participant and staff personal and health information, in accordance with NDIS, privacy, correction, and financial obligations.

3.4 Each provider tenant is isolated. The Provider must not attempt to access another tenant, another provider's data, or another person's data without authority.

4. Subscriptions, plans, and commercial terms

4.1 The Service is offered under published plans and editions (Core, Pro, and Enterprise) or under a written separate agreement, with billing in Australian dollars and with GST as applicable.

4.2 The Provider will pay the fees shown on the Platform for the selected plan. Fees are due at the start of each billing cycle, are exclusive of GST unless stated otherwise, and may be invoiced electronically.

4.3 The Provider may request a plan change. Downgrades take effect at the next renewal date or at the date selected in the Platform, where applicable, and are scheduled by the Platform. Where a plan entitlement changes, existing provider-owned records are handled under the access-state model (full, continuity, read-only, none) implemented in the Platform.

4.4 Use beyond included allowances (for example active staff or other utilisation-based dimensions) may incur overage charges at the rate published on the plan. The Provider accepts that active-staff utilisation is calculated from the snapshot records the Platform maintains.

4.5 The Provider must maintain payment details and authority to pay.

5. Trials and free evaluation

5.1 Inclusify may offer a trial or free evaluation under a published trial policy. The trial policy sets trial duration, reminder offsets, extensions and extension limits, expiry grace, card requirements, and billing start behaviour.

5.2 Unless the Provider subscribes before the trial expires, and subject to any recovery grace window in the trial policy, the Provider's access changes in the way the Platform records, including entry into a recovery grace or expired access state.

5.3 Reminders may be sent by Inclusify through in-app notifications before expiry. Inclusify does not guarantee that reminders reach you. It is your responsibility to subscribe before the trial expires.

5.4 Trial editions may have different limits and features from paid subscriptions. A trial does not create a commitment, a quote, or a subscription.

6. Acceptable use and conduct

6.1 The Provider and its users must not:

• use the Service for an unlawful purpose;
• upload or store unlawful, deceptive, or unauthorised content, or content that breaches any person's rights;
• attempt to damage, disable, restrict, probe, or interfere with the Service, its infrastructure, or any other tenant;
• resell, rent, lease, sublicense, or provide access to third parties as a service, except where a written agreement allows it;
• circumvent access controls, entitlements, approvals, security boundaries, row-level security, audit trails, or protective measures of the Platform;
• reverse engineer, or create derivative works of, the Platform, except where permitted by law;
• use the Platform to send unsolicited commercial messages, or to conduct phishing, spam, or fraud;
• upload malicious software or content;
• use the Platform to provide third-party-facing commercial data feeds, unless agreed in writing;
• hold themselves out as Inclusify, or represent that the Platform provides regulatory approval;
• otherwise put other providers, their data, or the Platform at risk.

6.2 The Provider must promptly report a breach of these requirements, a security incident affecting its accounts, or an actual or suspected data breach, through the support channel, and must cooperate with reasonable investigation.

7. Data and processing

7.1 The Provider retains ownership of its content and data entered into the Platform. The Provider grants Inclusify a limited, royalty-free, non-exclusive licence to host, store, format, copy, process and use that content to provide the Service, for security and support, to comply with law, and for any evidence or retention obligations, for the duration of the account and after it as required by any retention, evidence or legal obligation.

7.2 The Provider is the controller of the personal information it enters, within the meaning of the Privacy Act 1988 (Cth). The Provider is responsible for notice, consent or lawful basis, and collection. Inclusify processes personal information as a service provider and processor, only on the Provider's instructions, to provide the Service, and where required by law.

7.3 The Provider warrants that it has authority and lawful basis to process the content it enters, including participant and staff personal and health information, and that its use complies with Australian privacy and health record obligations.

8. Privacy

8.1 The Inclusify Privacy Policy (available separately and part of these Terms) sets out how we collect, use, disclose, store, retain, secure and delete personal information, including details about cross-border transfers, targeted or automatic decisions, access and correction, and complaint handling.

8.2 Each party will comply with the Australian Privacy Principles, the Privacy Act 1988 (Cth), and the Notifiable Data Breaches scheme, to the extent they apply to that party.

9. Intellectual property

9.1 All right, title and interest in the Platform, its underlying software, documentation, modules, templates, Inclusify IP and brand, existing and future, are vested in, and are licensed or owned by, Inclusify or its licensors. No licence is granted except for the limited right to use the Service under these Terms.

9.2 The Provider may use its own outputs for its own lawful activity. The Provider must not claim ownership of the Platform or hold it out as its own.

10. Confidentiality

10.1 Each party will keep confidential the other party's confidential information (including non-public business data, agreement terms, technical data, and marked confidential information), and will use it only to perform these Terms. This obligation continues for the term of the agreement and for five years after it ends, except for information required by law to be kept.

10.2 Responding to a lawful request from a regulator or authorised body does not breach confidentiality, but where reasonably possible the parties will coordinate.

11. Availability and support

11.1 Inclusify uses reasonable efforts to keep the Service available, but does not guarantee uninterrupted or error-free operation. The Service may be withdrawn for scheduled maintenance, with reasonable notice where practicable.

11.2 Support is provided under the support tier attached to the Provider's subscription, and to a reasonable extent.

12. Fees, refunds, and credits

12.1 Fees are charged in Australian dollars. Interest may be charged on late payments at the statutory rate.

12.2 Except where the Australian Consumer Law or other law, or these Terms, require otherwise, fees paid are non-refundable. Where a refund or credit is due, we will issue it to the original payment method or as a credit note, at our discretion.

13. Termination and suspension

13.1 The Provider may terminate at any time by closing its account in the Platform. We will allow a reasonable transition and export period, then delete or preserve data as described in the Privacy Policy.

13.2 Inclusify may suspend or terminate access if we consider the Provider has breached these Terms, if a subscription remains unpaid, if a trial has expired, if the Provider is misusing the Service or creates a security risk, if required by law or a regulator, or if continued provision is not commercially reasonable.

13.3 On termination the Provider may export its data during a reasonable transition window. After that, Inclusify will delete or dispose of data in line with the Privacy Policy, and legal, record-keeping and retention obligations.

14. Changes to these Terms and to the Service

14.1 Inclusify may change these Terms and the Service over time. Changes to product functionality or presentation are effective on publication.

14.2 If we change these Terms materially, we will give notice in-app or by email to the Provider's registered email at least 15 days before the effective date, unless the law requires a different period. Continuing use after the effective date constitutes acceptance.

14.3 If a change or a plan change would place a Provider's historical records, the access-state model (full, continuity, read-only, none) applies rather than immediate wholesale removal of access to past records.

15. Limitation of liability

15.1 Nothing in these Terms excludes or restricts any right or remedy, or any warranty or condition implied by law including the Australian Consumer Law, and the Provider's rights under those laws are preserved.

15.2 To the maximum extent permitted by law:

• (a) Inclusify is not liable for loss of any kind (including indirect, incidental, special, or consequential loss, or for loss of profit, revenue, data, or goodwill) arising out of or in connection with the Service, its use, inability to use, or the Provider's data;
• (b) Inclusify's total aggregate liability to the Provider for all claims in any 12 month period is limited to the total fees paid by the Provider for the Service in the 12 months before the claim.

15.3 Clause 15.2 does not apply to the extent any liability cannot be limited or excluded by law.

16. Indemnity

16.1 To the maximum extent permitted by law, the Provider will indemnify Inclusify, and its officers and employees, against claims, losses, costs, expenses and damages (including reasonable legal fees) arising from:

• (a) the Provider's breach of these Terms or unauthorised use of the Service;
• (b) any content the Provider uploads or processes;
• (c) violation of law by the Provider or by its users in connection with the Provider's account;
• (d) the Provider's failure to obtain necessary licenses, consents or lawful basis.

17. Force majeure

Neither party is liable for a failure to perform under these Terms to the extent the failure is caused by an event beyond its reasonable control, including internet failure, service outage of a third party provider, natural event, pandemic, power failure, or war.

18. Public materials

The Provider grants Inclusify a limited, world-wide, non-exclusive, royalty-free right to use the Provider's name and a generic description of the service in customer lists, case studies, and marketing, unless the Provider objects in writing.

19. Disputes, applicable law, and venue

19.1 These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria.

19.2 Should any part of these Terms be found to be invalid or unenforceable, that part will be limited or severed, and the remaining Terms continue.

20. Notices and general

20.1 We may send notices to the Provider by email to the current email in its account or in-app, effective when sent.

20.2 The Provider must not assign or novate this agreement without Inclusify's prior written consent, which will not be unreasonably withheld in a change of control or restructure where the entity assumes these Terms. Inclusify is entitled to assign or novate to a permitted successor.

20.3 These Terms, with the Privacy Policy, constitute the entire agreement between the parties, and supersede any earlier terms and statements.

20.4 The Provider acknowledges it has not relied on representations except as set out in writing in these Terms.

20.5 No single or partial exercise of a right prevents its further exercise, and rights are cumulative.

20.6 Nothing in the Terms creates a partnership, joint venture, agency, or trust.

21. Contact

Questions about these Terms, or any request, should be sent to Inclusify by email at contact@inclusify.au or through the platform support channel.