Terms and conditions.

1. Agreement to terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", "Customer") and Statura Operations Pty Ltd (ACN 696 303 269, ABN 70 696 303 269), trading as Statura Care ("we", "us", "our", "Statura Care").

By accessing or using the Statura Care website at statura.care, the Statura Care platform at app.statura.care, or the Statura Care Worker mobile application ("the App"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are agreeing on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not access or use the platform.

2. Service description

Statura Care is a software-as-a-service (SaaS) compliance and care management platform designed for Australian aged care providers. The platform assists with regulatory compliance under the Aged Care Act 2024, covering both residential aged care and Support at Home.

The platform is accessed through a web browser at app.statura.care and via the Statura Care Worker mobile application on iOS and Android. The mobile app enables care workers to access rosters, record clinical observations, report incidents, and deliver care in the field with offline support. Features and modules available to you depend on your selected subscription plan and assigned role.

The mobile app stores data locally in an encrypted database to enable offline functionality. If a device is lost or stolen, your organisation administrator can remotely wipe all Statura data from the device.

Statura Care is a compliance management tool and does not constitute legal, medical, or professional advice. You remain responsible for your organisation's compliance obligations.

3. Account responsibilities

When creating an account, you agree to:

• •Provide accurate, current, and complete information during registration and keep it up to date.
• •Keep your authentication credentials secure and not share access with unauthorised individuals.
• •Be authorised by your organisation to create an account and bind the organisation to these Terms.
• •Notify us immediately of any unauthorised access to your account.
• •Use the platform responsibly and in accordance with all applicable laws and regulations.

You are responsible for all activity that occurs under your account.

4. Acceptable use

You agree not to:

• •Use the platform for any unlawful purpose or in violation of any applicable law or regulation.
• •Attempt to gain unauthorised access to any part of the platform, other accounts, or related systems.
• •Interfere with or disrupt the platform, servers, or networks connected to the platform.
• •Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the platform.
• •Use the platform to store or transmit malicious code, viruses, or any material that is unlawful, harmful, or objectionable.
• •Resell, sublicense, or make the platform available to any third party without our prior written consent.

We reserve the right to suspend or terminate your access if we reasonably believe you have violated these terms.

5. Intellectual property

All intellectual property rights in the Statura Care platform, including software, design, branding, documentation, and content, are owned by Statura Operations Pty Ltd or its licensors. Nothing in these Terms transfers any intellectual property rights to you.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the platform for your internal business purposes during the term of your subscription.

You retain all ownership and intellectual property rights in the data you enter into the platform ("Customer Data"). We do not claim any ownership over your data.

6. Data ownership and portability

Your data belongs to you. We act as a data processor on your behalf and will only use your data to provide and improve the services described in these Terms.

• •You may export your data at any time through the platform's built-in export functionality.
• •Upon account closure or termination, your data will remain available for export for 90 days.
• •After the 90-day period, your data will be permanently deleted from our systems upon your request.
• •We will not hold your data hostage. If you leave, your data leaves with you.

7. Service availability

We target 99.9% uptime for the Statura Care platform. We monitor systems continuously and aim to resolve issues promptly.

Planned maintenance will be communicated in advance and scheduled outside peak business hours where possible. Emergency maintenance may be performed without advance notice if necessary to protect the security or integrity of the platform.

We are not liable for interruptions caused by circumstances beyond our reasonable control, including third-party service outages, internet connectivity issues, force majeure events, or failures in your own infrastructure.

8. Fees and payment

• •Fees are as set out in your selected subscription plan and any applicable order form.
• •Subscriptions may be invoiced monthly or annually, depending on your selected billing cycle.
• •Payment is due within 30 days of invoice date unless otherwise agreed in writing.
• •All prices are in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.
• •We reserve the right to adjust pricing with 30 days written notice. Price changes will take effect at the start of the next billing period.

9. Limitation of liability

To the maximum extent permitted by law, including the Australian Consumer Law:

• •Our total aggregate liability to you for any claims arising out of or in connection with these Terms or your use of the platform is limited to the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.
• •We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunity, however caused, even if we have been advised of the possibility of such damages.
• •Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, or death or personal injury caused by negligence.

10. Termination

Either party may terminate the subscription by providing 30 days written notice to the other party.

• •Upon termination, your access to the platform will cease at the end of your current billing period.
• •Your data will remain available for export for 90 days after the effective date of termination.
• •After the 90-day period, we will permanently delete your data unless retention is required by law.

We may suspend or terminate your access immediately and without notice if you materially breach these Terms, including misuse of the platform, non-payment after reasonable notice, or conduct that threatens the security or integrity of the platform.

11. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

Before commencing formal proceedings, each party agrees to attempt to resolve any dispute through good faith negotiation.

12. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will provide at least 30 days notice by email or through the platform before the changes take effect.

Your continued use of the platform after the changes take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you may terminate your subscription in accordance with Section 10.