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.

These Terms apply to general website, trial, account, and platform access unless a signed or otherwise accepted customer agreement applies. If your organisation has separately accepted a Statura Care subscription agreement, order form, Master Services Agreement, Data Processing Schedule, or Subprocessor Schedule, those customer documents govern the commercial SaaS relationship to the extent of any inconsistency with these public-facing terms. The current customer legal pack is published at statura.care/legal.

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 may store data locally to enable offline functionality. If a device is lost or stolen, your organisation administrator may be able to remotely revoke access or wipe Statura data from the device, depending on the enrolled device and configuration.

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

As between you and Statura Care, your organisation retains ownership of the data it enters into the platform. For customer data, Statura acts as a contracted service provider and processes that data in accordance with the applicable customer agreement, Data Processing Schedule, and documented customer instructions.

• •You may export available customer data through platform export functionality or by requesting reasonable assistance from Statura.
• •Upon account closure or termination, Statura will provide a reasonable export opportunity, subject to the customer agreement and any legal retention obligations.
• •After the export window, remaining customer data will be deleted or de-identified except to the extent retention is required by law, backup rotation, dispute resolution, security logging, fraud prevention, or lawful internal record-keeping.
• •We do not use data export as a leverage point for unrelated commercial disputes.

7. Service availability

We use commercially reasonable efforts to make the Statura Care platform available and 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, accepted pricing arrangement, or 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 may adjust pricing for future billing periods, renewals, or new orders by giving reasonable notice unless an applicable order form states otherwise.

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 in accordance with the accepted order form, customer agreement, or, if neither states a different rule, by providing 30 days written notice.

• •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 a reasonable period after termination, subject to the customer agreement and platform capabilities.
• •After the export window, we will delete or de-identify remaining customer data unless retention is required or permitted by law, backup rotation, dispute resolution, security logging, fraud prevention, or lawful internal record-keeping.

We may suspend or terminate your access if reasonably necessary to protect the security or integrity of the platform, prevent unlawful use, comply with law or a regulatory direction, or respond to a material breach or serious payment default after notice where notice is practicable.

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.