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Ozler Care

Terms of Service

Effective 1 May 2026 · Supersedes prior version of 1 March 2026 · Version 3.0

1. Definitions and Interpretation

1.1 Definitions

In these Terms, unless the context otherwise requires:

"Services" means the Ozler Care Solutions software-as-a-service products subscribed to by the Customer, including Skill2Care, OzlerShield, OzlerReady, OzlerSIRS, OzlerPolicy, OzlerPass, and any associated APIs, integrations, and support services.

"AI Features" means functionality within the Services that uses artificial intelligence or machine learning, including the OzlerSIRS AI Triage Engine, the OzlerPolicy AI Update Engine, the OzlerReady AI gap analysis, and the OzlerShield AI credential-drift detection.

"Account" means the Customer's account created to access and use the Services.

"Aggregated Data" means data derived from Customer Data that has been irreversibly de-identified and aggregated such that no individual Customer, Worker, or Care Recipient can be identified.

"Authorised User" means any individual the Customer authorises to access and use the Services, including employees, contractors, and agents.

"Confidential Information" means all information disclosed by one party to the other that is designated as confidential, or that a reasonable person would understand to be confidential, including Customer Data, business plans, pricing, and technical specifications.

"Customer" means the entity identified in the Order Form that subscribes to the Services ("you," "your").

"Customer Data" means all data, content, and information (including personal information) submitted to, stored within, or generated through the Services by or on behalf of the Customer.

"Documentation" means user guides, help articles, API documentation, and other materials provided by Ozler describing the functionality and use of the Services.

"Fees" means the fees payable by the Customer for the Services, as specified in the Order Form or pricing schedule.

"Order Form" means a written or electronic order specifying the Services subscribed to, the Subscription Term, the number of Authorised Users, and the applicable Fees.

"Ozler" means Ozler Tech Pty Ltd (ABN Pending), trading as Ozler Care Solutions ("we," "our," "us").

"Privacy Policy" means Ozler's Privacy Policy published at www.ozlercare.com.au/privacy, as amended from time to time.

"Security Policy" means Ozler's Security Policy published at www.ozlercare.com.au/security, as amended from time to time.

"Subscription Term" means the period during which the Customer is entitled to access and use the Services, as specified in the Order Form.

"Worker" means any care worker, support worker, or individual whose credential or employment information is processed through the Services.

1.2 Interpretation

(a) A reference to legislation includes any amendment, re-enactment, or replacement, and any subordinate legislation. (b) Headings are for convenience only and do not affect interpretation. (c) "Business Day" means a day other than a Saturday, Sunday, or public holiday in Victoria, Australia. (d) "Including" and its variants mean "including without limitation."

2. Acceptance and Formation

These Terms of Service ("Terms") constitute a binding legal agreement between the Customer and Ozler. By signing an Order Form, clicking "I Accept," creating an Account, or accessing or using the Services, the Customer agrees to be bound by these Terms, the Privacy Policy, the Security Policy, the Acceptable Use Policy (Section 7), and any Order Form (collectively, the "Agreement").

The individual accepting these Terms on behalf of the Customer represents and warrants that they have the legal authority to bind the Customer. If the individual does not have such authority, they must not accept these Terms or use the Services.

In the event of conflict between documents, the following order of precedence applies (highest first): (a) the Order Form; (b) these Terms; (c) the Privacy Policy; (d) the Security Policy; (e) the Documentation.

The Services are intended for use by aged care providers, NDIS providers, disability support providers, home care providers, and related organisations operating in Australia. The Customer warrants that it is a business entity (not a consumer) and that the Services are being acquired for business purposes.

3. Grant of Rights and Restrictions

3.1 Licence Grant

Subject to the Customer's compliance with this Agreement and payment of applicable Fees, Ozler grants the Customer a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services during the Subscription Term, solely for the Customer's internal business operations related to aged care, disability support, or related care services.

3.2 Customer Obligations — Lawful Use

The Customer acknowledges that it operates in a regulated sector and warrants that its use of the Services complies with all applicable laws, including the Privacy Act 1988 (Cth), the NDIS Act 2013 (Cth), the Aged Care Act 1997 (Cth), and any applicable state or territory legislation. The Customer is solely responsible for:

  • Providing privacy notices to Workers and Care Recipients as required by APP 5;
  • Obtaining necessary consents for data collection from Workers and care recipients in accordance with the Privacy Act 1988 (Cth);
  • Ensuring the accuracy of information uploaded to the Services;
  • Meeting its own regulatory obligations regarding incident reporting, worker screening, and quality standards — the Services are tools to assist compliance, not a substitute for the Customer's independent legal obligations;
  • Responding to access and correction requests from Workers and Care Recipients in accordance with APPs 12 and 13.

4. Fees, Payment, and Taxes

Fees are specified in the Order Form and are denominated in Australian Dollars (AUD), exclusive of GST. The Services are available on annual subscription (billed annually in advance, lower per-unit rate) or monthly subscription (billed monthly in advance, higher per-unit rate). Payment is due within fourteen (14) days of the invoice date. Late payments accrue interest at 1.5% per month.

Ozler may adjust Fees by providing at least sixty (60) days' written notice before the start of a new billing cycle. Price changes do not apply to the current Subscription Term for annual subscribers.

New Customers subscribing for the first time are entitled to a full refund if they notify Ozler in writing within thirty (30) calendar days of the Subscription start date. This guarantee applies once per Customer and does not apply to renewals or upgrades.

If any invoice remains unpaid for more than thirty (30) days, Ozler may suspend access after providing ten (10) Business Days' written notice. Customer Data is preserved during suspension.

5. Data Ownership, Processing, and Privacy

The Customer retains all right, title, and interest in Customer Data. Ozler processes Customer Data solely for providing, maintaining, improving, and securing the Services in accordance with this Agreement and the Privacy Policy. All Customer Data is hosted on Australian infrastructure (Azure Australia East). Ozler implements AES-256 encryption at rest and TLS 1.2+ encryption in transit.

In the event of an Eligible Data Breach, Ozler will notify the affected Customer within twenty-four (24) hours. Upon termination, the Customer has thirty (30) calendar days to export Customer Data, after which Ozler will securely destroy all Customer Data.

Ozler may create Aggregated Data from Customer Data. Aggregated Data does not identify the Customer, any Worker, or any Care Recipient.

6. AI Features — Decision Support Disclaimer

6.1 Decision Support Only

All AI Features within the Services are decision support tools. They generate suggestions, recommendations, classifications, and draft content to assist human decision-makers. AI Features do not make autonomous decisions and must not be used as a substitute for qualified human professional judgment.

6.2 Mandatory Human Review

The Customer must ensure that all AI-generated outputs are reviewed and approved by a qualified human before being relied upon, submitted to a regulator, or used to make any decision affecting Workers, Care Recipients, or the Customer's regulatory status. Specifically:

  • OzlerSIRS AI Triage: the suggested incident classification (P1/P2/non-reportable) must be reviewed and either approved or overridden by an authorised manager before the classification is finalised. The Customer bears sole responsibility for the final classification and any resulting regulatory notification.
  • OzlerPolicy AI Update Engine: AI-drafted policy revisions must be reviewed by the Customer's governance or compliance team before publication or implementation.
  • OzlerReady AI Gap Analysis: AI-generated gap assessments against quality standards must be reviewed by appropriately credentialed compliance personnel before being relied upon for audit preparation or regulatory submissions.
  • OzlerShield AI Credential-Drift Detection: AI-generated compliance risk indicators and expiry predictions are based on the data entered by the Customer. The Customer must verify credential status independently where regulatory obligations require primary-source verification.
  • Future AI Features: any AI Feature added after the date of this Agreement that produces output for use in care records must be reviewed for accuracy by an appropriately credentialed reviewer before being incorporated into care records. Ozler will document such review requirements when the AI Feature is added.

6.3 No Guarantee of Accuracy

AI Features may produce inaccurate, incomplete, biased, or inappropriate outputs. AI models are probabilistic, not deterministic. Ozler does not warrant that AI outputs are correct, clinically appropriate, legally compliant, suitable for any particular purpose, or reflective of current regulatory requirements. The Customer assumes all risk associated with reliance on AI outputs without adequate human review.

6.4 No Training on Customer Data

Ozler does not use Customer Data to train, fine-tune, or improve general-purpose AI models. Model improvement uses only Aggregated Data or synthetic data.

6.5 AI Liability

To the maximum extent permitted by law, Ozler excludes all liability for any loss, damage, fine, penalty, sanction, regulatory action, or adverse outcome arising from the Customer's reliance on AI-generated outputs, except where: (a) the reliance was reasonable in the circumstances; (b) the AI Feature contained a material defect; and (c) the defect was reported to Ozler and not remediated within a reasonable time.

7. Warranties and Disclaimers

Ozler warrants that the Services will perform materially in accordance with the Documentation, that Ozler will provide the Services with reasonable care and skill, and that Ozler will comply with the Privacy Act 1988 (Cth) in its handling of personal information.

EXCEPT AS EXPRESSLY SET OUT ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING THE AUSTRALIAN CONSUMER LAW), THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." OZLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law that cannot be excluded by agreement.

The Services do not constitute legal, regulatory, clinical, medical, or professional advice. The Customer should obtain independent professional advice regarding its regulatory obligations.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. OZLER'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL FEES PAID IN THE 12 MONTHS PRECEDING THE CLAIM; OR (b) AUD $10,000.

Nothing limits liability for death or personal injury caused by negligence, fraud, wilful misconduct, breach of the Privacy Act, IP infringement, unpaid Fees, indemnification obligations, or non-excludable consumer guarantees.

9. Indemnification

Ozler will defend and indemnify the Customer against third-party claims that the Services infringe any Australian patent, copyright, or trade mark, subject to prompt notification, sole control of defence, and reasonable cooperation.

The Customer will defend and indemnify Ozler against third-party claims arising from: (a) Customer Data; (b) breach of applicable law; (c) reliance on AI-generated outputs without adequate human review; (d) violation of the Acceptable Use Policy; (e) misrepresentation of compliance status based on outputs from the Services.

10. Term and Termination

The Subscription Term is specified in the Order Form and auto-renews unless either party provides 30 days' written notice of non-renewal. Either party may terminate for cause if the other commits a material breach not remedied within 30 days, or becomes insolvent. Sections 5, 6, 7, 8, 9, and 11 survive termination.

11. General Provisions

This Agreement is governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria. Disputes shall be resolved by negotiation (20 Business Days), then mediation (Resolution Institute, Melbourne), then litigation.

Neither party is liable for failure to perform (other than payment obligations) caused by force majeure events continuing for more than 60 days, after which either party may terminate.

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations. Amendments require writing. Failure to enforce any provision does not constitute a waiver. Electronic signatures are valid.

12. Contact

Legal and contractual: legal@ozlercare.com.au · Billing: billing@ozlercare.com.au · Support: support@ozlercare.com.au · Privacy: privacy@ozlercare.com.au · Security: security@ozlercare.com.au · General: hello@ozlercare.com.au | 1300 OZ CARE · Address: Ozler Care Solutions, Melbourne VIC, Australia.