Terms of Service

Version 1.2 · effective 18 October 2026

Also read:Privacy PolicyData Processing AddendumAI and Acceptable Use Terms

These Terms of Service ("Terms") are an agreement between Data Nebula Pty Ltd (ABN 63 684 548 598, ACN 684 548 598) of Sydney NSW 2008 ("we", "us", "our") and the business or person that signs up for CareHelm ("you", "your", "Customer").

You accept these Terms when you create an account, or when you choose "I agree" in CareHelm. If you sign up for a business, you confirm that you can bind that business.

These Terms include our Privacy Policy, our AI and Acceptable Use Terms (the "AI Terms") and our Data Processing Addendum (the "DPA"). Together they make up the "Agreement".

1. What CareHelm does

1.1 CareHelm is online software that helps NDIS providers understand registration requirements, prepare policies and evidence, and manage ongoing compliance tasks (the "Service").

1.2 Audits and registration decisions. Independent approved quality auditors conduct audits. The NDIS Quality and Safeguards Commission makes registration decisions. We make neither.

1.3 Outcomes. We can't promise that you will be registered, pass an audit, or meet a legal or regulatory requirement by using the Service.

1.4 General information. The Service gives general information and software tools. For legal, financial, clinical or professional compliance advice about your situation, talk to a qualified adviser.

1.5 Independence. CareHelm is run by Data Nebula Pty Ltd, a private company. We don't act for the NDIS Quality and Safeguards Commission, the National Disability Insurance Agency or any government agency.

2. Your account

2.1 You must be at least 18 and use the Service for business purposes.

2.2 You must give us accurate account information and keep it up to date.

2.3 You are responsible for everyone you invite to your account ("Users"), including your staff, and for making sure they follow this Agreement. Keep login details secure, and tell us promptly at support@carehelm.com.au if you suspect someone else has used your account.

2.4 We recommend that Owners and Admins turn on two-step verification in Settings. It is optional.

3. Free plan and trial

3.1 The Free plan includes the features described on our pricing page. We may change the Free plan's features, with notice where a change removes something you were using.

3.2 Paid plans may start with a free trial of 14 days. You don't need to give card details to start a trial. When the trial ends, your account becomes read-only unless you subscribe. We don't delete trial data at that point (our Privacy Policy says how long we keep it).

3.3 Before paid plans open. Until paid plans open, every account has all features at no charge. We'll email you at least 30 days before paid plans open, with the price of your plan and the date. We charge you only if you choose a plan.

4. Subscriptions, renewal and price changes

4.1 Plans. Paid plans, their prices and what they include are shown on our pricing page when you subscribe.

4.2 Automatic renewal. Your subscription renews automatically at the end of each billing period (monthly or annual) for the same period, and we charge your payment method at the start of each period, until you cancel. We show this clearly before you subscribe.

4.3 Annual renewal reminder. For annual plans, we'll email you at least 30 days before renewal with the renewal date, the amount and how to cancel.

4.4 Price changes. We may change our prices by giving you at least 30 days' notice by email. For monthly plans, the new price applies from your first billing period that starts after the notice period ends. For annual plans, the new price applies from your next renewal. If you don't want to pay the new price, you can cancel before it takes effect and you won't be charged the new price.

4.5 Extra logins. Each plan includes a number of logins, shown on our pricing page. A login is a person who signs in to the app: the Owner, Admins and staff with app access. Workers who only use a staff link are not counted. If you add a login beyond the number in your plan, we'll charge the extra-login fee shown on our pricing page. We'll show you the cost before you confirm.

4.6 Upgrades and downgrades. Upgrades take effect immediately and we charge a pro-rata amount for the rest of the current period. Downgrades take effect from the next billing period.

4.7 One-off packs. A one-off pack (for example the Verification pack or the Registration pack) is a single payment for 12 months' access to the features shown on our pricing page, starting on the day you pay. A pack doesn't renew and we won't charge you again for it. We'll email you at least 30 days and again 7 days before the 12 months end. If you don't choose a plan by then, your account becomes read-only and your data is kept under clause 12. You can ask for a full refund within 14 days after you buy a pack.

5. Payment and GST

5.1 Prices are in Australian dollars and exclude GST unless we say otherwise. We add GST where it applies and issue a tax invoice for each payment.

5.2 Payments are processed by our payment provider, Stripe. You authorise us to charge your nominated payment method for fees when they're due.

5.3 Failed payments. If a payment fails, we'll tell you and retry. If the amount is still unpaid 14 days after we first notify you, we may make your account read-only until it's paid. We won't delete your data because of a failed payment without first giving you at least 30 days' further notice and a chance to export it.

6. Cancellation and refunds

6.1 You can cancel at any time from your account settings or by emailing support@carehelm.com.au. Cancellation takes effect at the end of your current billing period, and you keep access until then.

6.2 Monthly plans: we don't refund part-months when you cancel, except as set out in clauses 6.4, 13.3 and 16.2.

6.3 Annual plans: if you cancel within 14 days after your first annual payment, or within 14 days after an annual renewal payment, we'll refund that payment in full. After 14 days, your plan continues until the end of the annual period and isn't refunded, except as set out in clauses 6.4, 13.3 and 16.2.

6.4 Our fault. If the Service has a major failure or we can't provide it as described, you may be entitled to a refund under the Australian Consumer Law (see clause 11.1). Contact us and we'll work it out with you.

6.5 Refunds are paid to the original payment method.

6.6 Pausing a monthly plan. If we offer it for your plan, you can pause a monthly subscription for 1 to 3 months, once in any 12-month period. While paused, we don't charge you, your account is read-only (except for features we tell you stay available), and your data is kept. Your subscription restarts automatically at the end of the pause at the price that applies then, and we'll email you at least 7 days before it restarts. You can resume early or cancel at any time during a pause.

7. Using the Service

7.1 You may use the Service for your own business's internal purposes during your subscription.

7.2 You must follow our AI Terms. Where the Service asks about a participant, use a participant code you choose (for example "P-07"). Incident records may need to identify a participant to meet your reporting duties. Enter only what those duties need.

7.3 You must not: copy, resell or sublicense the Service; reverse engineer it (except to the extent the law allows); try to get around security or usage limits; or use it to break the law or anyone's rights.

8. AI features and AI-generated content

8.1 Some features use artificial intelligence to generate draft content and suggestions ("AI Output"). Our AI Terms say where AI runs and what we send, and set the rules for using it. By accepting these Terms you accept the AI Terms. We don't ask you to accept a separate AI notice.

8.2 You must review AI Output before you use it. AI Output can be wrong, incomplete, out of date or not suited to your business. It is a draft to help you.

8.3 You are responsible for:
(a) checking that AI Output is accurate and describes what your business actually does;
(b) editing it where needed; and
(c) deciding whether to adopt, submit or rely on it.

8.4 Sections of generated documents stay marked as drafts until you approve them. Exported documents show which sections you haven't approved.

8.5 As between you and us, you own the AI Output generated for your account, once you've created it. Other customers may receive similar output, because it's based on the same standards and templates.

8.6 Where AI runs. Our AI features use third-party AI services, which process the content outside Australia. Our test environment is for test data only (AI Terms clause 5.6). When you use an AI feature, we send the content that task needs in full, including any names in it. The AI Terms explain how to keep participant details out.

9. Your data

9.1 You own your data. "Customer Data" means information and files that you or your Users put into the Service, and AI Output generated for your account. You keep all rights in Customer Data.

9.2 Our permission to use it. You give us permission to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service for you, and as described in our Privacy Policy and the DPA.

9.3 Your responsibilities. You're responsible for having the right to upload Customer Data, including any consents or notices needed for personal information about your staff or others.

9.4 No training on your data. We don't use your Customer Data to train generalised AI models, and in the live service we use AI services only under terms that stop them from doing so.

9.5 Aggregated data. We may use de-identified, aggregated data that doesn't identify you, your Users or any individual (for example, "average coverage on the Core module") to improve the Service and publish general statistics. Any published statistic will state the sample and method.

9.6 Privacy and security. We handle personal information according to our Privacy Policy and the DPA.

10. Our intellectual property

10.1 We (or our licensors) own the Service, including our software, templates, question libraries, plain-English explanations and design. Apart from the rights in clause 7.1 and your ownership of AI Output under clause 8.5, these Terms don't give you any rights in our intellectual property.

10.2 Some content is based on material published by the NDIS Quality and Safeguards Commission under a Creative Commons Attribution 4.0 licence. That material remains subject to its licence.

10.3 If you send us suggestions or feedback, we may use them without obligation to you.

11. Consumer law, warranties and limits of liability

11.1 Australian Consumer Law. Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded or limited ("Non-excludable Rights").

11.2 Limiting remedies where allowed. Where the Service is not of a kind ordinarily acquired for personal, domestic or household use, and to the extent the law allows, our liability for breach of a Non-excludable Right is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

11.3 What we promise. We will provide the Service with due care and skill, and we'll take reasonable steps to keep it available and secure. Apart from this and your Non-excludable Rights, the Service is provided "as is", and we make no other promises about it (for example, that it will be error-free or uninterrupted, or that AI Output will be accurate).

11.4 Cap on liability (applies to both of us). To the extent the law allows, each party's total liability to the other arising out of or in connection with this Agreement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total fees you paid to us under this Agreement in the 12 months before the event giving rise to the claim.

11.5 Indirect loss (applies to both of us). To the extent the law allows, neither party is liable to the other for loss of profit, revenue, business opportunity, goodwill, or for any indirect or consequential loss.

11.6 What the cap doesn't cover. Clauses 11.4 and 11.5 don't limit: (a) your obligation to pay fees that are due; (b) either party's liability for fraud or wilful misconduct; or (c) liability that can't be limited by law.

11.7 Reducing liability. Each party's liability is reduced to the extent the other party (or its Users) caused or contributed to the loss, including, for you, by relying on AI Output without reviewing it as required by clause 8.

12. Records, export and data retention

12.1 Your record-keeping obligations are yours. As an NDIS provider you may have to keep certain records for a long time (for example, 7 years under current NDIS requirements). The Service can help you keep and export records, and you remain responsible for meeting your own record-keeping obligations.

12.2 Export. You can download a full copy of your records at any time from Settings ("Download all your data"). It's one ZIP with your records as CSV files, the files you uploaded and your published policies as PDF. An Owner or Admin starts it, we email you when it's ready, and the download works for 7 days. You can also download your audit pack and your policy documents at any time. If you can't get your export, email support@carehelm.com.au and we'll send you a full copy within 10 business days.

12.3 After your subscription ends. For 90 days after your subscription ends ("Export Period"), your account stays in read-only mode so you can export your Customer Data. We'll email you at least twice during the Export Period, including at least 14 days before it ends. After the Export Period, we delete Customer Data from our live systems within 30 days, and from any backups when those backups expire (within 35 days after that), unless the law requires us to keep it.

12.4 Records we must keep. We keep our own billing and tax records (such as invoices) for as long as tax law requires, even after your account is closed.

13. Suspension and termination

13.1 You can end the Agreement by cancelling your subscription (clause 6) and closing your account.

13.2 We can suspend your access (in whole or part) only if: (a) clause 5.3 applies; (b) your use poses a real risk to the security or integrity of the Service or to other customers; or (c) we are required to by law. Where reasonably possible, we'll tell you first and give you a chance to fix the problem. We'll restore access once the reason for suspension is fixed.

13.3 We can end the Agreement:
(a) by giving you at least 60 days' notice, for any reason. We'll refund any fees you've prepaid for the period after the end date; or
(b) by notice if you materially breach this Agreement and don't fix the breach within 14 days after we ask you to (or immediately if the breach can't be fixed, such as serious misuse of the Service to harm others).

13.4 You can end the Agreement immediately if we materially breach this Agreement and don't fix the breach within 14 days after you ask us to. We'll refund any fees you've prepaid for the period after the end date.

13.5 When the Agreement ends, clause 12.3 (export and deletion) applies, and clauses that by their nature should continue (including 9, 10, 11, 12, 15 and 17) continue.

14. Third-party services

The Service relies on third-party providers listed in the DPA (such as Google Cloud and our email provider). We're responsible for our choice of providers and for the Service as a whole. Some features depend on those providers being available.

15. Confidentiality

Each party must keep the other's confidential information confidential and use it only for the purposes of this Agreement, except where disclosure is required by law or the information is already public through no fault of the receiving party. Customer Data is your confidential information.

16. Changes to these Terms

16.1 We may update these Terms. We'll give you at least 30 days' notice by email before changes take effect, except where a change is required urgently by law or only corrects typos or clarifies wording without changing meaning.

16.2 If a change is materially detrimental to you, you may cancel your subscription before the change takes effect and we'll refund any fees you've prepaid for the period after cancellation.

16.3 Each version has a version number and an effective date at the top. When the version changes, CareHelm asks you to accept the new version the next time you sign in. Settings shows the versions you accepted and when.

16.4 A change to the DPA or the AI Terms is a change to these Terms and gets a new version number.

16.5 We keep previous versions of these Terms and send them to you on request.

17. General

17.1 Disputes. If there's a dispute, either party can give the other a written notice describing it. We'll both try in good faith to resolve it within 20 business days. If it isn't resolved, either party may suggest mediation, with costs shared equally, or take the matter to a court. Either party may seek urgent court relief at any time.

17.2 Governing law. This Agreement is governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of New South Wales and courts that can hear appeals from them.

17.3 Events beyond control. Neither party is liable for failure or delay caused by events beyond its reasonable control (other than payment obligations). The affected party must tell the other and take reasonable steps to limit the effect.

17.4 Assignment. You may transfer this Agreement to a buyer of your business with our consent, which we won't unreasonably refuse. We may transfer this Agreement to a buyer of our business or of the Service if we give you at least 30 days' notice; if you don't agree, you can cancel and we'll refund any prepaid fees for the period after cancellation.

17.5 Notices. We'll send notices to the email address on your account. You can send notices to support@carehelm.com.au.

17.6 Entire agreement. This Agreement is the entire agreement between us about the Service. If you're a Founding Member, the Founding Member Terms also apply as described in them.

17.7 Severability. If any part of this Agreement is unenforceable, the rest continues to apply.

17.8 Waiver. A party keeps its rights even if it doesn't enforce them straight away.

Contact

Data Nebula Pty Ltd, Sydney NSW 2008. Email: support@carehelm.com.au