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Terms of Service

Last updated: January 8, 2026

Important: Please read these Terms carefully before using CareScribe. By using our Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Acceptance of Terms

By accessing or using CareScribe ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Bernard Adjei-Yeboah, trading as CareScribe (ABN: 55 441 896 015) ("CareScribe," "we," "us," or "our"). By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility and Account Registration

ELIGIBILITY REQUIREMENTS You must meet the following requirements to use CareScribe: • Be at least 18 years of age • Have the legal capacity to enter into a binding contract • If using on behalf of an organisation, have authority to bind that organisation • Not be located in a jurisdiction where use of the Service is prohibited • Not have been previously banned or removed from the Service ACCOUNT REGISTRATION • You must provide accurate, current, and complete information during registration • You are responsible for maintaining the confidentiality of your login credentials • You must promptly update your account information if it changes • You may not share your account credentials with others • You are responsible for all activities that occur under your account • You must notify us immediately if you suspect unauthorised account access ORGANISATION ACCOUNTS If you register on behalf of an organisation: • You warrant that you have authority to bind the organisation to these Terms • The organisation is responsible for all users added to the account • The account owner is responsible for managing user access and permissions

3. Service Description

CareScribe is an AI-powered documentation tool designed for care providers and support workers. The Service includes: • Voice-to-text transcription for creating reports • AI-assisted report generation (shift notes, progress notes, incident reports, ABC behavioural reports) • Participant profile management • Report storage and history • Export functionality (copy, PDF, Word) • Team collaboration features (on applicable plans) SERVICE AVAILABILITY • The Service is provided "as is" and "as available" • We do not guarantee uninterrupted or error-free access • We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time • We may perform maintenance that temporarily affects Service availability • We will endeavour to provide reasonable notice of scheduled maintenance SERVICE MODIFICATIONS We may update, modify, or discontinue features of the Service at any time. While we will endeavour to notify users of material changes, continued use of the Service after modifications constitutes acceptance of those changes.

4. User Responsibilities and Obligations

  • Provide accurate account information and keep it updated
  • Maintain the confidentiality of your login credentials
  • Use the Service in compliance with all applicable Australian laws and regulations
  • Ensure all content you input complies with privacy laws (including the Privacy Act 1988) and your organisation's policies
  • Review and verify ALL AI-generated reports before use - this is your sole responsibility
  • Obtain appropriate consent before inputting any personal or health information about participants
  • Not use the Service for any unlawful, harmful, or fraudulent purpose
  • Not attempt to reverse engineer, hack, or compromise the Service's security
  • Not share your account with unauthorised users
  • Not upload malicious code, viruses, or harmful content
  • Not use automated systems (bots, scrapers) to access the Service
  • Comply with industry requirements and your organisation's documentation standards
  • Maintain appropriate professional registrations and qualifications for your work
  • Keep appropriate backups of your important data

5. AI-Generated Content - IMPORTANT DISCLAIMER

CRITICAL DISCLAIMER: CareScribe uses artificial intelligence to assist with report generation. YOU ACKNOWLEDGE AND AGREE THAT: YOUR RESPONSIBILITY • AI-generated content is a DRAFT that REQUIRES your review, verification, and approval • You are SOLELY responsible for verifying the accuracy, completeness, and appropriateness of all reports • You MUST NOT submit, file, or use AI-generated reports without thorough professional review • You accept full responsibility for any reports you create, submit, or distribute using the Service AI LIMITATIONS • AI may produce errors, inaccuracies, omissions, or inappropriate content • AI may misinterpret voice input or generate incorrect transcriptions • AI-generated reports may not capture all relevant details or context • AI cannot verify the accuracy of information you provide • AI performance may vary and is not guaranteed NOT PROFESSIONAL ADVICE • CareScribe does NOT provide medical, clinical, legal, or professional advice • The Service is a documentation TOOL ONLY, not a substitute for professional judgment • All clinical decisions, care plans, and professional judgments must be made by qualified professionals • Do not rely solely on AI-generated content for any professional decisions LIABILITY WAIVER • CareScribe is NOT liable for any decisions, actions, or consequences based on AI-generated content • CareScribe is NOT liable for errors, omissions, or inaccuracies in AI-generated reports • CareScribe is NOT liable for any harm, loss, or damage arising from use of AI-generated content • You agree to indemnify CareScribe against any claims arising from your use of AI-generated reports

6. Data, Privacy, and Confidentiality

YOUR DATA • You retain ownership of all content you create using the Service • You grant us a limited license to process your content solely to provide the Service • We will handle your data in accordance with our Privacy Policy and Australian privacy laws PARTICIPANT INFORMATION • You are responsible for ensuring you have appropriate consent and authority to input participant information • You must comply with the Privacy Act 1988 and Australian Privacy Principles when handling personal information • You must comply with your organisation's privacy and data handling policies • You are responsible for the accuracy of participant information you input DATA SECURITY • We implement reasonable security measures to protect your data • However, no system is completely secure, and we cannot guarantee absolute security • You are responsible for maintaining the security of your account credentials DATA RETENTION • We retain your data according to your subscription tier and our Privacy Policy • You may request deletion of your data in accordance with our Privacy Policy • Some data may be retained for legal or regulatory compliance purposes CONFIDENTIALITY • We will treat your data as confidential and not disclose it except as described in our Privacy Policy • You acknowledge that AI service providers (OpenAI, Anthropic) process data to provide transcription and generation features • Our enterprise agreements with AI providers prohibit use of customer data for model training

7. Subscriptions, Payments, and Billing

7.1 Subscription Plans

We offer Free, Starter, Team, and Business plans. Features, limits, and pricing vary by plan. Current pricing is available on our website. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

7.2 Billing and Payments

Paid subscriptions are billed in advance on a monthly or annual basis. All payments are processed securely through Stripe. Prices are in Australian Dollars (AUD) and include GST. You are responsible for providing accurate billing information. Failed payments may result in service suspension.

7.3 Free Trial

Paid plans may include a free trial period. You will not be charged until the trial ends. You may cancel at any time during the trial. Trial terms may vary and are subject to change.

7.4 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You will retain access until the end of the paid period. No refunds are provided for partial periods or unused time.

7.5 Refund Policy

Refunds are provided only in exceptional circumstances at our sole discretion. You may request a refund by contacting info@carescribe.com.au within 14 days of purchase. Australian Consumer Law rights are not affected by this policy.

7.6 Price Changes

We may change subscription prices with 30 days' notice. Price changes will apply to your next billing cycle after the notice period. You may cancel before the new pricing takes effect.

8. Prohibited Uses

  • Violating any applicable Australian or international law or regulation
  • Infringing on intellectual property rights of others
  • Uploading malicious code, viruses, or attempting to compromise system security
  • Using the Service to harass, abuse, defame, or harm others
  • Creating fake accounts, impersonating others, or providing false information
  • Reselling, sublicensing, or redistributing the Service without authorisation
  • Using automated systems (scraping, bots, crawlers) to access the Service
  • Circumventing usage limits, security measures, or access restrictions
  • Using the Service to store or transmit illegal content
  • Attempting to access other users' accounts or data without authorisation
  • Interfering with the Service's operation or other users' access
  • Using the Service in any way that could damage our reputation
  • Collecting or harvesting user information without consent
  • Using the Service to send spam or unsolicited communications

9. Intellectual Property Rights

OUR INTELLECTUAL PROPERTY CareScribe, including its software, design, logos, trademarks, documentation, and all related materials, is owned by Bernard Adjei-Yeboah (ABN: 55 441 896 015) and protected by Australian and international intellectual property laws. You may not: • Copy, modify, distribute, sell, or lease any part of our Service • Reverse engineer or attempt to extract the source code • Use our trademarks, logos, or branding without written permission • Create derivative works based on our Service • Remove or alter any proprietary notices YOUR CONTENT • You retain full ownership of all content you create using the Service • By using the Service, you grant us a limited, non-exclusive, royalty-free license to process your content solely to provide and improve the Service • We will not use your content for marketing without your explicit consent • We will not sell your content to third parties FEEDBACK If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without obligation to you.

10. Termination and Suspension

TERMINATION BY YOU • You may terminate your account at any time by contacting us or using the account deletion feature • Upon termination, your access to the Service ends immediately • Prepaid fees are non-refundable except as required by law TERMINATION OR SUSPENSION BY US We may suspend or terminate your access immediately and without notice if: • You violate these Terms or our policies • You fail to pay subscription fees when due • We suspect fraudulent, abusive, or illegal activity • We are required to by law or legal process • We discontinue the Service We may terminate or suspend with reasonable notice if: • Your account is inactive for an extended period • We modify or discontinue Service features EFFECT OF TERMINATION • Your right to use the Service ends upon termination • We will delete your data within 30 days of termination, except where retention is required by law • Termination does not affect any rights or obligations that accrued before termination • Provisions regarding intellectual property, limitation of liability, indemnification, and governing law survive termination

11. Disclaimers and Warranty Limitations

AS-IS PROVISION THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: • Warranties of merchantability, fitness for a particular purpose, or non-infringement • Warranties that the Service will be uninterrupted, timely, secure, or error-free • Warranties regarding the accuracy, reliability, or completeness of AI-generated content • Warranties that the Service will meet your specific requirements NO PROFESSIONAL ADVICE The Service does not provide medical, legal, clinical, or professional advice. You should not rely on the Service as a substitute for professional judgment or advice. THIRD-PARTY SERVICES We are not responsible for third-party services, including payment processors, AI providers, or hosting services. Third-party services are subject to their own terms and privacy policies. NO GUARANTEE OF RESULTS We do not guarantee any specific results, outcomes, or benefits from using the Service.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW: EXCLUSION OF DAMAGES CareScribe, its owner, officers, employees, agents, and affiliates shall NOT be liable for any: • Indirect, incidental, special, consequential, or punitive damages • Loss of profits, revenue, data, or business opportunities • Damages arising from use or inability to use the Service • Damages arising from AI-generated content, errors, or inaccuracies • Damages arising from unauthorised access to your account or data • Damages arising from interruption or suspension of the Service MAXIMUM LIABILITY Our total aggregate liability for any claims arising from or related to these Terms or the Service shall not exceed the greater of: • The amount you paid us in the 12 months preceding the claim, or • $100 Australian Dollars ESSENTIAL PURPOSE The limitations in this section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages. EXCEPTIONS Nothing in these Terms limits or excludes liability that cannot be limited or excluded under Australian law, including liability for: • Fraud or fraudulent misrepresentation • Death or personal injury caused by negligence • Any liability that cannot be excluded under the Australian Consumer Law

13. Indemnification

You agree to indemnify, defend, and hold harmless Bernard Adjei-Yeboah (ABN: 55 441 896 015), trading as CareScribe, and its officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: • Your use of the Service or any activity under your account • Your violation of these Terms or any applicable law • Your violation of any third-party rights, including intellectual property or privacy rights • Any content you create, submit, or distribute using the Service • Any AI-generated reports you use, submit, or distribute • Any inaccurate, misleading, or incomplete information you provide • Any harm caused to participants, clients, or third parties through your use of the Service • Any breach of your professional obligations or standards • Your failure to obtain appropriate consent for handling personal information This indemnification obligation will survive termination of these Terms and your use of the Service.

14. Australian Consumer Law

CONSUMER GUARANTEES If you are a "consumer" within the meaning of the Australian Consumer Law (ACL), you may have certain rights and remedies that cannot be excluded, restricted, or modified by agreement. Nothing in these Terms is intended to exclude, restrict, or modify: • Any condition, warranty, guarantee, right, or remedy implied or imposed by the ACL • Any liability for breach of a condition or warranty implied by the ACL • Any right of action against us in respect of such a breach LIMITATION WHERE PERMITTED To the extent permitted by the ACL, our liability for breach of any non-excludable consumer guarantee is limited, at our option, to: • In the case of goods: replacement, repair, or payment of the cost of replacement or repair • In the case of services: re-supply of the services or payment of the cost of having the services re-supplied APPLICATION These Terms are to be read subject to the ACL. Any provision that would otherwise be void, unenforceable, or illegal under the ACL is to be read down to the extent necessary to make it valid and enforceable.

15. Dispute Resolution

INFORMAL RESOLUTION Before initiating formal dispute resolution, you agree to first contact us at info@carescribe.com.au to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days. MEDIATION If informal resolution fails, either party may refer the dispute to mediation through a mutually agreed mediator or, failing agreement, a mediator appointed by the Resolution Institute (Australia). The mediation will be conducted in Sydney, New South Wales. FORMAL PROCEEDINGS If mediation is unsuccessful, either party may commence formal legal proceedings in the courts of New South Wales, Australia. EXCEPTIONS Nothing in this section prevents either party from seeking urgent injunctive or equitable relief where necessary to protect their rights. TIME LIMIT Any claim or dispute must be brought within one (1) year of the date the cause of action arose, or the claim is permanently barred. COSTS Each party will bear their own costs for informal resolution and mediation. Court costs will be determined by the court.

16. Changes to Terms

MODIFICATIONS We may update, modify, or replace these Terms at any time. We will indicate the date of the last update at the top of this page. NOTIFICATION If we make material changes, we will notify you by: • Email (to the address associated with your account) • Prominent notice on our website • Notification within the Service ACCEPTANCE Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account. REVIEW We encourage you to review these Terms periodically to stay informed of any updates. Material changes will become effective 30 days after notification, except for changes required by law, which may take effect immediately.

17. General Provisions

ENTIRE AGREEMENT These Terms, together with our Privacy Policy, constitute the entire agreement between you and CareScribe regarding the Service and supersede all prior agreements, understandings, and communications. SEVERABILITY If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. WAIVER Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective. ASSIGNMENT You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction. NO PARTNERSHIP Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and CareScribe. FORCE MAJEURE We will not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, or internet outages. NOTICES Notices to you may be made via email to the address on your account. Notices to us should be sent to info@carescribe.com.au. LANGUAGE These Terms are drafted in English. If translated into another language, the English version will prevail in case of any inconsistency.

18. Governing Law & Contact Information

Governing Law: These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles. Any disputes arising from or relating to these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

Business Information:

For questions about these Terms of Service, please contact us at info@carescribe.com.au. We will endeavour to respond within 48 business hours.

Legal Notice

CareScribe is operated by Bernard Adjei-Yeboah (ABN: 55 441 896 015), an Australian sole trader. CareScribe is not affiliated with, endorsed by, or connected to the National Disability Insurance Scheme (NDIS), National Disability Insurance Agency (NDIA), or any Australian government department or agency. All references to NDIS are for descriptive purposes only. Users are responsible for ensuring compliance with all applicable laws, regulations, and professional standards.