Terms of Service
Last updated: Draft — not yet finalised (pending legal review)
1. Acceptance & scope
These Terms govern a provider organisation’s (“you”, “the Provider”) access to and use of Caira, operated by Caira Pty Ltd (ABN: pending registration) (“we”, “us”, “Caira”). By creating an account or using the service you accept these Terms on behalf of your organisation. Where a signed order form or enterprise agreement exists, that document governs to the extent of any conflict.
2. What Caira is — and isn't
Caira is an administrative and documentation tool for disability support providers and independent support workers: shift logging, progress notes, incident records, rostering and related reporting. Caira is not a marketplace connecting participants with workers, is not a plan-management or financial adviser, and does not determine NDIS funding eligibility, line-item matching, or pricing-guide compliance. Those responsibilities remain entirely with you as the Provider.
3. Accounts, seats & eligibility
You are responsible for the accuracy of your organisation’s account details, for the conduct of every worker account you create or authorise under your organisation, and for promptly removing access for workers who leave your organisation. Seats are billed per your selected plan; you may add or remove seats subject to the billing terms in Section 7.
4. Your responsibilities as the Provider
- Ensuring you have the necessary consents from participants, nominees, guardians and family carers before entering their information into Caira.
- Ensuring information entered is accurate and entered by an appropriately authorised person.
- Complying with the NDIS Practice Standards, the NDIS Code of Conduct, and all reporting obligations to the NDIS Quality and Safeguards Commission that apply to your organisation, independent of anything Caira does or does not flag.
- Maintaining your own record of consents obtained, including for any multiple-capacity or shared-record arrangement (see our Dual/Triple-Capacity Authority-to-Access consent form).
5. Funding & fundability — disclaimer
Any feature that helps summarise, structure, or present information relevant to a participant’s NDIS plan or goals is provided as an administrative aid only. Cairamakes no representation about whether any support, claim, or expenditure is fundable, compliant with the NDIS Pricing Arrangements, or will be accepted by the NDIA. Responsibility for funding eligibility and claims sits entirely with you and, where applicable, the participant’s plan manager.
6. AI-generated content
Some features use AI to help draft notes and reports from what a worker records. AI-assisted output must be reviewed and confirmed by a human before it is relied upon; Caira does not make clinical decisions and AI output is never a substitute for professional clinical judgement. You remain responsible for the content of any note or report your organisation approves.
7. Fees & payment
Fees are billed in advance on a monthly or annual cycle per your selected plan, plus GST where applicable. A 14-day trial period applies to new accounts unless stated otherwise. Non-payment may result in suspension of access after reasonable notice. Fees are non-refundable except as required by law or expressly stated in an order form.
8. Data ownership & licence
As between you and us, you own the data your organisation enters into Caira(including participant records). You grant us a licence to host, process, back up and display that data solely to provide the service to you, as further described in our Data Processing Agreement. On termination, you may export your data within a reasonable window before it is deleted or de-identified in line with our retention schedule.
9. Confidentiality
Each party will protect the other’s confidential information with at least the same care it uses for its own confidential information, and will not disclose it except as needed to provide or receive the service, or as required by law.
10. Intellectual property
We retain all rights, title and interest in Caira, including the software, design, and the “Caira” name and marks. You may not copy, reverse engineer, or create derivative works from the service except as the law expressly permits.
11. Warranties & disclaimers
The service is provided on an “as is” and “as available” basis. To the extent permitted by law, we exclude all warranties not expressly stated in these Terms, including any warranty that AI-generated output will be complete, accurate, or error-free. Nothing in these Terms excludes a guarantee or right that cannot lawfully be excluded, including under the Australian Consumer Law.
12. Limitation of liability
To the extent permitted by law, our aggregate liability arising from or in connection with these Terms is limited to the fees you paid in the 12 months preceding the claim, and neither party is liable for indirect or consequential loss. This limitation does not apply to a party’s breach of confidentiality, infringement of the other party’s intellectual property, or wilful misconduct. [Specific caps and carve-outs to be confirmed on legal review.]
13. Indemnity
You indemnify us against claims, losses and costs arising from your organisation’s breach of these Terms, your failure to obtain a required consent, or your organisation’s non-compliance with the NDIS Practice Standards or Code of Conduct, except to the extent caused by our own breach.
14. Term & termination
These Terms apply from the date you first access Cairauntil terminated by either party. We may suspend or terminate access for a material breach that is not remedied after reasonable notice, or immediately where continued access would create a safety, security or legal risk. You may terminate at any time in accordance with your plan’s notice period.
15. Data processing
Our handling of personal information, including participant health information, processed on your behalf is governed by our Data Processing Agreement, which forms part of these Terms.
16. Changes to these Terms
We may update these Terms from time to time. We will give reasonable notice of material changes; continued use after the change takes effect constitutes acceptance.
17. Governing law
These Terms are governed by the laws of New South Wales, Australia.
18. Contact & notices
Notices under these Terms are sent to the contact published with the final version of this document.