Terms of Service.

These Terms of Service (the "Terms") govern your use of roc.up. They sit alongside the Privacy Policy, the Data Processing Agreement, the Acceptable Use Policy, the Service Level Agreement, the Security overview, and the Sub-processors list. Together, those documents form the agreement between us.

1. Parties and agreement

These Terms are a binding agreement between Caring Abode Pty Ltd (ABN [REVIEW: ABN]), trading as roc.up — referred to as "roc.up", "we", "us", or "our" — and the entity that creates an account and uses the service ("Customer", "you", or "your").

By creating an account, accessing, or using roc.up, you confirm that you have read, understood, and agree to these Terms. If you are entering into this agreement on behalf of an organisation, you confirm you have authority to bind that organisation. If you do not have that authority, do not create an account.

2. The service

roc.up is a software-as-a-service product built for Australian NDIS providers. It provides:

• Roster, timesheet, leave, and open-shift management;
• Participant care files, including SIL home setup, training documents, shift notes, and incident reports;
• AI-assisted Pattern Watch and AI-drafted incident reports;
• Inbound email-to-document capture (each participant has a unique inbox address);
• Xero integration for invoicing;
• Worker mobile app for clock-in/out, shift notes, and document submission.

The features available to your workspace depend on the plan you select. We may add, change, or remove features over time. Where a change would materially reduce functionality of your current subscription, we will notify the account holder by email at least 30 days in advance.

3. Your account

• You must provide accurate registration information and keep it up to date.
• You are responsible for all activity that occurs under your account, including the actions of users you invite.
• Each user who needs access must have their own login — credential sharing is not permitted.
• You must keep passwords confidential and notify us at security@caringabode.com.au immediately of any unauthorised access.
• You must be an Australian-registered NDIS provider, or in the process of registering as one, to use roc.up.

4. Free trial

roc.up subscriptions begin with a 14-day free trial. No credit card is required to start. At the end of the trial, payment details are required to continue using the service. If payment details are not provided, your workspace is paused for 30 days and then archived. During the pause you can still log in to export your data.

5. Fees and billing

• Subscription fees are listed at rocup.com.au/#pricing. Fees are in Australian dollars and exclude GST unless stated otherwise.
• Fees are billed monthly in advance via Stripe.
• Plans are sized by active participants and active workers. If your usage exceeds the cap of your plan, you receive a one-month grace period. At the next billing cycle your plan is upgraded automatically to the smallest tier that covers your usage — you are notified by email before the upgrade takes effect.
• You can downgrade or cancel at any time. Downgrades and cancellations take effect at the next billing cycle.
• We do not provide pro-rata refunds for partial months. Refunds for billing errors will be issued promptly.
• We may change fees with 30 days' written notice. If you do not agree to a fee change, you can cancel before it takes effect and the change will not apply to you.
• Overdue fees may accrue interest at the rate set under the Penalty Interest Rates Act 1983 (Vic) or equivalent, from the due date until paid.

6. Customer data

Ownership. All data you upload or generate using roc.up — including participant care files, rosters, timesheets, training records, shift notes, and AI outputs — is your data. You retain all rights, title, and interest in it.

Licence to us. You grant us a limited, worldwide, non-exclusive licence to host, copy, transmit, display, and process your data solely as needed to deliver and improve the service to you, including running our AI features within your workspace.

Your responsibilities. You are responsible for:

• Obtaining and recording all consents (from participants, nominees, workers) needed to enter their information into roc.up;
• The accuracy, legality, and quality of all data you enter;
• Configuring per-worker access controls correctly;
• Worker-screening and clearance checks before granting access to participant data;
• Exporting and retaining records as required by the NDIS Commission or other applicable law — see clause 11.

Privacy and processing. Our handling of personal information is governed by the Privacy Policy and, where applicable, the Data Processing Agreement, which is incorporated into these Terms by reference.

7. Acceptable use

Your use of the service is subject to the Acceptable Use Policy. In summary, you must not use roc.up to:

• Do anything unlawful, including breaching the NDIS Act, the NDIS Quality and Safeguards Commission Rules, the Privacy Act 1988 (Cth), or the Australian Consumer Law;
• Upload material you do not have the right to upload, or that infringes intellectual-property rights;
• Falsify records — including back-dating shifts, fabricating notes, or misrepresenting care delivered;
• Reverse-engineer, decompile, scrape, or otherwise interfere with the service;
• Probe, scan, or test the security of the service without our written permission;
• Resell, sublicense, or white-label roc.up without our written permission.

We may suspend or terminate access for breaches under clause 11.

8. AI features

roc.up's Pattern Watch and AI-drafted incident reports use third-party AI models to analyse text inside your workspace. You acknowledge:

• AI outputs are suggestions only and may be inaccurate, incomplete, or biased. You must review every AI-drafted document before submitting it as an official record.
• Final responsibility for incident reports, reportable-incident notifications to the NDIS Commission, care decisions, and any compliance documentation rests with you as the NDIS provider — not with roc.up or its AI features.
• An AI flag in Pattern Watch is a prompt to review, not a substitute for clinical, legal, or compliance judgement.
• We do not use your workspace content to train third-party AI models — see the Privacy Policy and Sub-processors list.
• You can disable AI features for your workspace at any time by emailing hello@rocup.com.au.

9. Service levels and support

Our uptime commitment and support response times are set out in the Service Level Agreement. We aim for 99.5% monthly availability of the production environment. Scheduled maintenance is communicated in advance; emergency security patches may be applied without notice.

10. Confidentiality

Each party may receive confidential information from the other. Each party must keep the other's confidential information confidential, use it only to perform under these Terms, and protect it with at least reasonable care. This obligation does not apply to information that is publicly available, independently developed without reference to the disclosing party's information, or rightfully received from a third party without confidentiality obligations.

11. Suspension and termination

By you. You can cancel your subscription at any time from in-app billing settings or by emailing hello@rocup.com.au. Cancellation takes effect at the end of the current billing cycle.

By us — for cause. We may suspend or terminate your account immediately if you materially breach these Terms, the AUP, or any law applicable to your use of the service, including non-payment for more than 14 days after a written reminder. Where reasonable, we will give you notice and an opportunity to remediate before terminating.

By us — for other reasons. For reasons other than cause, we will give you at least 30 days' written notice.

On termination.

• Your access to the service ends at the effective date.
• For 30 days after termination, you may reactivate by paying any outstanding fees, and we will restore your data.
• You can export your data at any time before this 30-day window closes — including participant files, shift notes, incident reports, timesheets, and rosters.
• After the 30-day window, we delete your workspace data from production systems. Encrypted backups may persist for up to a further 60 days before they are overwritten.
• Compliance with record-retention obligations imposed on you by the NDIS Commission or any other authority is your responsibility — export before cancellation.

12. Warranties and disclaimers

To the maximum extent permitted by law, the service is provided "as is" and "as available". We do not warrant that the service will meet your specific requirements, be error-free, operate without interruption, or interoperate perfectly with every other tool you use.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies you have under the Australian Consumer Law that cannot be lawfully excluded.

13. Limitation of liability

To the maximum extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential, or punitive loss, or for loss of profits, revenue, goodwill, or data, even if advised of the possibility of such loss.
• Our aggregate liability for all claims arising out of or relating to these Terms in any 12-month period is limited to the total fees you paid us in the 12 months preceding the event giving rise to the claim.
• Nothing in this clause excludes liability that cannot be excluded under the Australian Consumer Law, the Privacy Act 1988 (Cth), or other applicable law.

14. Indemnity

You will indemnify and hold us harmless from any third-party claim arising from your breach of these Terms, your breach of the AUP, your data, or your use of the service — other than to the extent the claim is caused by our breach of these Terms or our negligence.

15. Insurance

We maintain commercial insurance appropriate to the nature and scale of the service, including cyber-liability and professional-indemnity cover. [REVIEW: confirm cover amounts before publication]

16. Changes to these Terms

We may update these Terms over time. Where the change is material, we will email the account holder at least 30 days before it takes effect. Continued use of the service after the effective date indicates acceptance. If you do not accept a material change, you can cancel before it takes effect.

Non-material changes (typos, clarifications, links) may be made at any time and the "last updated" date at the top of this page will be revised.

17. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia.

Before commencing court proceedings, each party must in good faith attempt to resolve the dispute by direct discussion between authorised representatives, escalating in writing if needed. If unresolved within 30 days, either party may commence proceedings. This clause does not prevent either party from seeking urgent injunctive relief.

18. General

• Entire agreement — These Terms, together with the Privacy Policy, DPA, AUP, SLA, Security overview, and Sub-processors list, are the entire agreement between us and supersede prior representations.
• Order of precedence — In any conflict, the order is: a signed order form (if any), these Terms, the DPA, the AUP, the SLA, the Privacy Policy.
• Assignment — You may not assign these Terms without our written consent. We may assign on notice — for example, in connection with a corporate restructure or sale of the business.
• Sub-contracting — We may engage sub-processors under the conditions set out in the DPA.
• Severability — If any clause is found unenforceable, the rest of these Terms remains in effect.
• No waiver — A failure to enforce a clause is not a waiver of it.
• Force majeure — Neither party is liable for delay or failure caused by events beyond reasonable control (natural disasters, cyber-attacks of national scale, government action, ISP outages affecting whole regions).
• Notices — Notices to you go to the email address on the account. Notices to us go to legal@caringabode.com.au.

19. Contact

General contact — hello@rocup.com.au
Legal notices — legal@caringabode.com.au
Security incidents — security@caringabode.com.au