Terms of Service

These Terms, together with any Order, our Acceptable Use Policy, our Privacy Policy and any Data Processing Addendum we sign with you, form the entire agreement between you and Rise about the Platform (the Agreement). If there is an inconsistency, the documents apply in this order: the Data Processing Addendum, the Order, these Terms, the Acceptable Use Policy, then the Privacy Policy.

The Platform is offered to organisations and professionals: care and support providers, the people who work for them, the auditors who assess them, and the consultants who help them. It is not offered to individuals for personal, domestic or household use, and it is not offered to anyone under 18.

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Where a clause could be read as doing so, it applies only to the extent the law allows.

Where the Agreement is a small business contract for the purposes of the unfair contract terms provisions of the Australian Consumer Law, we have drafted it with those provisions in mind. In particular, any right we have to vary the Agreement, and any automatic renewal, is paired with your right to leave without penalty, as set out in clauses 6 and 17.

In these Terms, the following words have these meanings.

The Platform is software. It helps providers organise the policies, procedures, records and evidence that regulators and auditors ask for, maps that material against the legislation and standards that apply to them, and helps auditors review it. It is a tool for the people who do that work. It does not do the work for them.

Rise is not a regulator, an approved quality auditor, a certification body or a registrar. Rise does not certify, register, accredit or approve anyone. Registration and certification decisions in the National Disability Insurance Scheme are made by the NDIS Quality and Safeguards Commission on the basis of an audit conducted by an approved quality auditor, and equivalent bodies make equivalent decisions in other sectors and jurisdictions. Nothing the Platform produces, including any score, status, badge or report, is a certification, a guarantee of certification, or a statement that you comply with any law or standard.

Rise does not provide legal, regulatory, clinical, financial or professional advice. The Platform's mappings, templates and Output are general in nature, are produced without knowledge of your particular circumstances, and are provided for information and drafting purposes only. You are responsible for obtaining your own professional advice, and for the decisions you make.

Output, including Output from the Platform's AI features, may be incomplete, out of date, or wrong. You must have a suitably qualified person review any Output before you rely on it, adopt it as a policy, submit it to a regulator or auditor, or act on it in relation to a participant. Clause 11 says more about the AI features.

Legislation, rules and practice standards change. We work to keep the Platform's mappings current, but we do not promise that they reflect the law at any particular time, and you remain responsible for knowing which laws and standards apply to you and for complying with them.

To use the Platform you need an account. You must give us accurate and complete information when you register, and keep it current. You must keep your credentials secure, must not share them, and must tell us at dev@riseos.care as soon as you become aware of any unauthorised use of your account.

You may allow Authorised Users to access the Platform under your account, up to any limit in your Order. You are responsible for everything your Authorised Users do on the Platform, for making sure they comply with the Agreement and the Acceptable Use Policy, and for removing their access when they leave your organisation or no longer need it.

Where you invite an auditor, consultant or other third party to your account, you decide what they can see and do, and you are responsible for that decision. Clause 9 sets out how shared access works.

We may require multi-factor authentication, minimum password standards, or other security measures as a condition of access, and may change those requirements on reasonable notice.

You must pay the Fees for your plan for each Subscription Term. Unless an Order says otherwise, Fees are stated in Australian dollars, exclusive of GST and any other tax, and are payable in advance. Where GST applies, we will issue a tax invoice and you must pay the GST in addition to the Fees.

Invoices are payable within 14 days of the invoice date, or by the card or direct-debit method you nominated at checkout. If an amount is overdue, we may charge interest at the rate of 2 per cent per annum above the cash rate published by the Reserve Bank of Australia from time to time, calculated daily, and we may suspend access under clause 16 after giving you at least 10 business days' written notice.

Fees are based on the plan and any usage limits in your Order, such as the number of Authorised Users, sites or participants. If you exceed a limit, we may invoice you for the additional usage at the rates in your Order or on our pricing page, pro-rated for the remainder of the Subscription Term.

We may change the Fees for a renewal Subscription Term by giving you at least 30 days' written notice before the renewal date. If you do not accept the change, you may cancel under clause 6 with effect from the end of the current Subscription Term, and the change will not apply to you.

Where we offer a free trial or pilot, it is free for the period we state and is subject to these Terms. At the end of the trial your access ends unless you subscribe, and we may delete Customer Data uploaded during a trial 30 days after it ends unless you have subscribed.

Except where these Terms or the law say otherwise, Fees are non-refundable. Where you are entitled to a refund, we will pay it within 30 days to the payment method you used.

The Agreement starts when you accept it and continues for the Subscription Term. At the end of each Subscription Term the subscription renews automatically for a further period of the same length at the then-current Fees, unless either of us gives notice of non-renewal at least 30 days before the renewal date. We will remind you of an upcoming annual renewal at least 45 days before it.

You may cancel at any time with effect from the end of the current Subscription Term by notice to dev@riseos.care or through the account settings. We may cancel with effect from the end of the current Subscription Term by giving you at least 60 days' written notice.

Either of us may terminate the Agreement immediately by written notice if the other materially breaches it and, where the breach can be remedied, does not remedy it within 20 business days of a written notice describing the breach, or if the other becomes insolvent, enters administration or liquidation, or ceases to carry on business.

We may also terminate immediately if you breach clause 7, clause 10 or the Acceptable Use Policy in a way that is serious, or if a regulator, court or law requires us to.

On termination or expiry for any reason, your right to access the Platform ends. For 30 days after that date we will keep Customer Data available for export in a commonly used, machine-readable format, either through the Platform or on request to dev@riseos.care. After that 30 day period we will delete Customer Data from our production systems within 90 days, and from backups in the ordinary course of their rotation, except where the law requires us to keep it or where we hold it under clause 7 in de-identified form.

If we terminate for convenience under this clause, or you terminate because we are in material breach, we will refund any Fees you have paid in advance for the period after termination. If you terminate for convenience, or we terminate because you are in breach, no refund is payable and any unpaid Fees for the current Subscription Term become immediately due.

Clauses 7, 10, 12, 13, 14, 15, 19 and 20, and any other clause that by its nature should survive, survive termination or expiry.

You own Customer Data. You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, display and create Output from Customer Data, to the extent needed to provide the Platform to you, to comply with the law, and as otherwise permitted by the Agreement. We claim no other right in Customer Data.

Between you and Rise, you are responsible for Customer Data: its accuracy, its lawfulness, and your right to use it on the Platform. You warrant that you have collected, and will continue to handle, all Personal Information in Customer Data in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, any applicable state or territory health records legislation, the NDIS Act 2013 (Cth) and, where they apply, the GDPR and other privacy laws. That includes having the consents, notices and authority needed to disclose Personal Information to us and to anyone you share it with through the Platform.

The Platform will hold sensitive information, including health information about participants and personal information about workers. You must not upload more of it than you need for the purpose you are using the Platform for, and you must use the access controls the Platform provides to limit who can see it.

We handle Personal Information in Customer Data on your behalf and on your instructions, as set out in the Agreement. Where the GDPR applies, you are the controller and we are the processor, and we will enter into a Data Processing Addendum with you on request that includes the terms required by Article 28 and, where Customer Data leaves the European Economic Area or the United Kingdom, the applicable standard contractual clauses. Where Australian law applies, we are an APP entity in our own right and our Privacy Policy explains how we handle Personal Information for our own purposes, such as managing your account.

We will tell you the country or region in which Customer Data is hosted, and we will not move it to a different country without giving you at least 30 days' written notice. We use third-party hosting and service providers to run the Platform. We will give you a list of them on request and will tell you before we add one that will process Customer Data, and you may object on reasonable grounds relating to data protection within 14 days of that notice.

We may create and use data that is derived from Customer Data and from your use of the Platform, but that has been de-identified so that it does not identify you, any participant, any worker or any other individual, and cannot reasonably be re-identified, to operate, secure, benchmark and improve the Platform. We will not attempt to re-identify that data and we will not sell it.

We do not use Customer Data to train generalised artificial intelligence models, and we do not permit our AI providers to do so. AI features operate on Customer Data only to produce Output for you. Clause 11 says more.

We will help you meet your obligations to respond to access, correction and deletion requests from individuals, and to regulators, to the extent those obligations relate to Customer Data and you cannot meet them using the Platform's own tools. We may charge our reasonable costs for help that goes beyond what the Platform provides.

We will implement and maintain technical and organisational measures that are appropriate to the nature of Customer Data and the risks of processing it, designed to protect Customer Data against unauthorised access, use, alteration, disclosure and loss. On request, we will give you a summary of those measures.

If we become aware of unauthorised access to, or loss or disclosure of, Customer Data in our possession or control (a Breach), we will notify you without undue delay, and in any event within 72 hours of confirming the Breach. Our notice will describe what happened, what Customer Data is affected so far as we know, what we have done and what we recommend you do. We will keep you informed as our investigation continues and will cooperate with you in meeting your own notification obligations, including under the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act 1988 (Cth) and under the GDPR.

You are responsible for security within your control, including the devices your Authorised Users use, the credentials they hold, the access you grant to third parties, and the accuracy of the access settings you apply to Customer Data. You must tell us at dev@riseos.care promptly if you become aware of a Breach or a vulnerability in the Platform.

You must not carry out security or penetration testing of the Platform without our prior written agreement. The Acceptable Use Policy explains how to report a vulnerability responsibly.

The Platform lets a provider share policies, records and evidence with an auditor, consultant or other party, and lets that party review, comment on and report against that material. Sharing happens only at the provider's direction, through the access controls the Platform provides.

Rise is not a party to the engagement between a provider and its auditor, and is not responsible for the conduct, independence, findings or decisions of any auditor, consultant or regulator. An audit engagement, its scope, its fees and its outcome are matters between the provider and the auditor.

If you access the Platform as an auditor or consultant, you must use Customer Data shared with you only for the engagement it was shared for, must keep it confidential, must maintain the independence and professional standards your role requires, and must comply with the Acceptable Use Policy. Your obligations to the provider under your engagement are in addition to, and are not reduced by, the Agreement.

The Platform's records of who accessed what, and when, are kept to help providers and auditors demonstrate the integrity of the evidence. You must not attempt to alter or defeat those records.

We own, or are licensed to use, all intellectual property rights in the Rise Materials. Nothing in the Agreement transfers any of those rights to you. We grant you a non-exclusive, non-transferable, revocable licence, for the Subscription Term, to access and use the Platform, and to use the templates and Output within your organisation, for your internal business purposes, in accordance with the Agreement.

You may adapt templates and Output for your own use, and you own the adaptations you make, subject to our underlying rights in the Rise Materials. You may not sell, license, publish, or distribute the Rise Materials, or any substantial part of them, to anyone outside your organisation, whether on their own or as part of a product or service that competes with the Platform.

You must not copy, modify, reverse engineer, decompile, or create derivative works from the Platform, except to the extent the law expressly allows despite this clause; must not remove or alter any proprietary notice; must not use automated means to extract the mappings, templates or other Rise Materials at scale; and must not use the Platform or the Rise Materials to build, train or improve a competing product.

If you give us feedback, suggestions or ideas about the Platform, we may use them without restriction or payment, but we will not identify you as their source without your consent.

We may use your name and logo to identify you as a customer in a list of customers, in a form that does not suggest an endorsement, unless you tell us not to. Any other use, including a case study, needs your written consent.

Parts of the Platform use artificial intelligence, including large language models operated by third parties, to generate Output. AI Output is probabilistic. It can be inaccurate, incomplete, inconsistent between requests, or confidently wrong, and it can reflect biases in the material it was trained on. We do not warrant the accuracy, completeness or fitness of any Output.

You are responsible for reviewing Output before you rely on it. You must not represent AI-generated Output as having been reviewed or approved by a qualified person when it has not been, must not submit it to a regulator or auditor as a record of something that did not happen, and must not use it to make a decision about an individual that has legal or similarly significant effects on them without meaningful human review.

We will tell you which features use AI and, on request, which third-party model providers process Customer Data for those features. Those providers are bound by contract to keep Customer Data confidential and not to use it to train their models. You may turn AI features off for your account.

The Platform may integrate with third-party services, such as document storage, calendars, identity providers and payment processors. Your use of a third-party service is governed by its own terms, and we are not responsible for it. Where you connect a third-party service, you authorise us to exchange Customer Data with it as needed for the integration to work.

Each of us will keep the other's Confidential Information confidential, will use it only for the purposes of the Agreement, and will disclose it only to those of our personnel, advisers and, in our case, service providers who need it for those purposes and are bound by obligations of confidence at least as protective as this clause. Confidential Information means information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential, and includes Customer Data, the non-public parts of the Rise Materials, and the commercial terms of any Order.

This clause does not apply to information that is or becomes public through no fault of the receiving party, that the receiving party already lawfully held without an obligation of confidence, that the receiving party independently developed, or that must be disclosed by law, by a court, or by a regulator, in which case the receiving party will, where lawful, give the other prompt notice and disclose only what is required.

These obligations continue for five years after the Agreement ends, and in relation to Personal Information and trade secrets, for as long as the information remains confidential.

We warrant that we will provide the Platform with due care and skill, that the Platform will perform materially in accordance with its documentation, and that we have the right to grant the licence in clause 10. If the Platform does not perform as warranted, your remedy is for us to correct the non-conformity or, if we cannot do so within a reasonable time, for you to terminate the affected subscription and receive a refund of Fees paid in advance for the period after termination.

Each party warrants that it has the power and authority to enter into and perform the Agreement, and that doing so will not breach any law or any agreement binding on it.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel the service contract and to a refund for the unused portion, or to compensation for its reduced value; you are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

To the extent that the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

Except as set out in this clause and as required by law, the Platform is provided 'as is', and we exclude all other warranties, conditions and guarantees, whether express or implied. Without limiting that, we do not warrant that the Platform will be uninterrupted or error-free, that Output will be accurate, that using the Platform will result in any registration, certification or audit outcome, or that the Platform will meet every requirement of every law or standard that applies to you.

Neither party is liable to the other for any loss of profit, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss, however arising, even if advised of the possibility of that loss.

Subject to clause 14.4, the total liability of each party to the other under or in connection with the Agreement, whether in contract, tort (including negligence), under statute or otherwise, is limited in aggregate to the Fees paid or payable by you in the 12 months immediately before the event giving rise to the claim, or, where the claim arises in the first 12 months, the Fees paid or payable for the first 12 months.

Where you are a consumer under the Australian Consumer Law, clauses 14.1 and 14.2 do not limit your rights under a consumer guarantee, and apply only to the extent clause 13.4 permits.

Nothing in the Agreement limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for a party's wilful misconduct, for your obligation to pay Fees, for a breach of clause 10 by you, for the indemnities in clause 15, or for any liability that cannot be limited or excluded by law.

Each party must take reasonable steps to mitigate any loss it suffers, and the liability of a party is reduced to the extent that the other party's act or omission contributed to the loss.

We will defend you against any claim by a third party that the Platform, used in accordance with the Agreement, infringes that third party's intellectual property rights, and will pay any damages finally awarded or agreed in settlement. If such a claim is made or is likely, we may modify the Platform so that it does not infringe, obtain a licence for you, or, if neither is commercially reasonable, terminate the affected subscription and refund Fees paid in advance for the period after termination. This indemnity does not apply to a claim that arises from Customer Data, from your modification of the Platform, from your use of it in breach of the Agreement, or from its combination with something we did not supply.

You will defend us against any claim by a third party, including a participant, worker, regulator or auditor, that arises from Customer Data, from your or your Authorised Users' use of the Platform in breach of the Agreement or the law, or from your reliance on Output in breach of clause 3 or clause 11, and will pay any damages finally awarded or agreed in settlement.

The party seeking an indemnity must promptly notify the other of the claim, give the other sole control of its defence and settlement (provided that no settlement may admit fault on behalf of, or impose obligations on, the indemnified party without its consent), and give reasonable assistance at the indemnifying party's cost.

We may suspend your access to the Platform, or to part of it, where we reasonably believe that suspension is necessary to prevent or stop a breach of the Acceptable Use Policy or clause 10, to protect the security or integrity of the Platform or of other customers' data, to comply with the law or the direction of a regulator or court, or where Fees are overdue and you have not paid within the period in clause 5.

Except where it would be unlawful or would compromise security, we will tell you before we suspend, give you a reasonable opportunity to fix the problem, and limit the suspension to what is necessary. We will restore access promptly once the reason for suspension has been resolved. Suspension does not relieve you of your obligation to pay Fees for the period of suspension where the suspension was caused by your breach.

We improve the Platform continuously and may add, change or remove features. We will not, during a Subscription Term, remove or materially degrade a core feature of the plan you have paid for without giving you at least 60 days' written notice, in which case you may terminate the affected subscription and receive a refund of Fees paid in advance for the period after termination.

We may change these Terms or the Acceptable Use Policy. We will give you at least 30 days' written notice of a change that materially affects your rights or obligations, by email to your account holder and by a notice in the Platform. If you do not accept the change, you may terminate the Agreement by written notice before the change takes effect and we will refund any Fees paid in advance for the period after termination. Continuing to use the Platform after the change takes effect is acceptance of it. Changes that are required by law, or that are only in your favour, may take effect immediately.

The current version of these Terms is always available at riseos.care/terms, with the date it was last updated.

The Platform is built for the Australian care sector and is operated from Australia. We make no representation that it is appropriate for use in any other country, or that its mappings, templates or Output reflect the law of any other country. If you use the Platform from outside Australia you do so on your own initiative, and you are responsible for compliance with the laws of the place you are in, including privacy, health-records, consumer, export-control and sanctions laws.

If you are established in the European Economic Area, the United Kingdom or Switzerland, or you upload Personal Information about people who are, the GDPR or its local equivalent applies to that Personal Information and clause 7 provides for a Data Processing Addendum. Nothing in the Agreement reduces any right an individual has under those laws, and to the extent of any inconsistency between the Agreement and a mandatory provision of those laws, the mandatory provision prevails.

The Platform is not designed to meet the requirements of the United States Health Insurance Portability and Accountability Act, and we are not a business associate under that Act unless we have signed a business associate agreement with you.

You must not use, export or re-export the Platform in breach of Australian, United Nations, United States, United Kingdom or European Union sanctions or export-control laws, and you warrant that neither you nor any Authorised User is a person, or located in a country, that is the subject of such sanctions.

The Agreement is governed by the laws of Queensland, Australia. Each party submits to the exclusive jurisdiction of the courts of Queensland and the courts entitled to hear appeals from them, except that either party may seek urgent injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

Before starting court proceedings, other than for urgent relief or to recover undisputed Fees, a party must give the other written notice of the dispute, and senior representatives of each party must meet, in person or by video, within 10 business days of that notice and try in good faith to resolve it.

If the dispute is not resolved within 20 business days of the notice, either party may refer it to mediation administered by the Resolution Institute in Brisbane under its mediation rules. The parties will share the mediator's fees equally. If the dispute is not resolved within 30 business days of the mediator's appointment, either party may start court proceedings.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.

Notices under the Agreement must be in writing. Notices to us must be sent to dev@riseos.care. Notices to you will be sent to the email address of your account holder, and we may also give you notice through the Platform. A notice sent by email is taken to be received on the next business day in the place of receipt, unless the sender receives a delivery failure.

You may not assign, novate or transfer the Agreement, or any right under it, without our written consent, which we will not unreasonably withhold. We may assign or novate the Agreement to a related body corporate or to a purchaser of all or substantially all of our business relating to the Platform, on notice to you. We may subcontract the performance of our obligations, but remain responsible for them.

Neither party is liable for a failure or delay in performing an obligation, other than an obligation to pay money, caused by an event beyond its reasonable control, including natural disaster, epidemic, war, terrorism, civil unrest, industrial action not involving its own personnel, failure of a public utility or telecommunications network, or the act of a government, provided that it tells the other party promptly and uses reasonable efforts to resume performance. If the event continues for more than 60 days, either party may terminate the affected subscription on written notice and we will refund Fees paid in advance for the period after termination.

The Agreement is the entire agreement between the parties about its subject matter and supersedes all earlier agreements, representations and understandings. Each party acknowledges that it has not relied on any representation that is not set out in the Agreement, except that nothing in this clause limits liability for fraud.

If any part of the Agreement is or becomes invalid or unenforceable, that part is severed and the rest continues in force. A failure or delay in exercising a right is not a waiver of it, and a waiver of one breach is not a waiver of any other. The Agreement may be varied only in writing, including by an electronic record accepted by both parties.

The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency, fiduciary or employment relationship. No person other than the parties has any right to enforce any term of the Agreement.

In the Agreement, headings are for convenience only; 'including' and similar words are not words of limitation; a reference to a law includes any amendment, replacement or subordinate legislation made under it; a reference to a business day means a day other than a Saturday, Sunday or public holiday in Brisbane, Queensland; and where a party is made up of more than one person, an obligation binds them jointly and severally. The Agreement may be accepted electronically, and an electronic acceptance is binding under the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Queensland) Act 2001 (Qld).

Questions about these Terms, notices under them, privacy requests and security reports all go to Rise Health Pty Ltd, ACN 683 124 281, at dev@riseos.care. We aim to acknowledge every message within two business days.