Terms of service

Draft for legal review. Not legal advice. Do not publish as final.

Last updated: [DATE]

These terms are between [COMPANY NAME], ABN [ABN], of [ADDRESS] ("we", "us") and the business or person that creates an account ("the service", "you").

1. The service we give

We give you web software to run a children's contact service or to work as a contact supervisor. It covers referrals, intake, visits, session notes, reports, invoices and records.

The software is a tool. It does not give legal, clinical or safety advice. You make your own decisions about safety, about who you work with, and about what you release.

2. Accounts

• You must give true details when you create an account.
• Each staff user has their own login. Do not share logins.
• Each staff user must use two factor login.
• You are responsible for what your staff users do in your account.
• Remove a staff user when they leave.
• Tell us at once if you think someone has used your account without permission.

3. The trial and the subscription

• A new account gets a free trial of [TRIAL DAYS] days. We do not ask for card details to start the trial [CONFIRM].
• After the trial, you need a paid subscription to keep adding records.
• Prices are in Australian dollars and are shown on our pricing page. [GST WORDING].
• We bill through Stripe each [MONTH OR YEAR], in advance.
• We can change prices with [NUMBER] days notice.
• If a payment fails or the subscription ends, your account becomes read only. You can still read and export your records.

4. Acceptable use

You must not:

• use the software to break a law or a court order,
• use the software to find, contact or harm a person against a court order or a safety plan,
• try to access another account or data you have no right to see,
• test, probe or attack the security of the software without our written permission,
• put malware in the software or overload it,
• resell or give access to the software to another business without our written permission.

We can suspend an account that breaks this section. We tell you why, unless a person could be in danger or the law stops us.

5. Your duties under privacy and family law

• You collect the information of the families you work with. You decide what to collect, why, and who you release it to.
• You must get your own advice about which privacy laws apply to you. Our research found that the question is open for many services.
• You give each family the notices the law requires. Our collection notice template can help.
• You meet your duties under family law, court orders, subpoenas, mandatory reporting laws, child safe standards and record keeping rules.
• You keep the confidential address of a party confidential.
• Our data processing agreement forms part of these terms.

6. Your data

• You own the records you put in the software.
• We hold and process them for you, under the data processing agreement.
• We do not sell your records or use them for our own purposes.
• You give us permission to store, copy, process and send your records only to run the software for you.

7. The export

• The account owner can export all records of the account at any time, including after the subscription ends.
• The export is a zip file with a CSV file for each table and the stored documents.

8. Availability and changes

• We try to keep the software available. We do not promise that it will always work without a break [SERVICE LEVEL, IF ANY].
• We can change the software. We will not remove a main feature without [NUMBER] days notice.

9. AI features

• AI features are off until the account owner turns them on.
• Before text goes to an AI feature, we remove names, email addresses, phone numbers and addresses.
• AI output can be wrong. A staff user must check each draft before it is used.

10. Liability

[LIABILITY CLAUSE FOR LAWYER]

Nothing in these terms limits a right you have under the Australian Consumer Law that cannot be limited.

11. Termination

• You can end your subscription at any time in the settings. It ends at the end of the paid period.
• We can end these terms if you break them in a serious way and do not fix it within [NUMBER] days of our notice.
• After the end, your account is read only. You can export your records. We delete your data 90 days after the end, unless you agree a retention service with us before then.

12. Changes to these terms

We can change these terms. We tell you at least [NUMBER] days before an important change starts.

13. Law

These terms are governed by the law of [STATE], Australia. Each party submits to the courts of that state.

14. Contact

[CONTACT EMAIL], [ADDRESS]