Terms of Use

1. Agreement

These Terms of Use (“Terms”) form a binding agreement between you (“Customer”, “you”) and Guardian Desk Pty Ltd (ACN 698 001 688) (“we”, “us”) for access to the Guardian Desk software-as-a-service platform at guardiandesk.com.au and related applications (the “Service”).

By creating an account, clicking accept, paying a subscription, or using the Service, you agree to these Terms and our Privacy Policy. If you accept on behalf of an organisation, you warrant you have authority to bind that organisation.

2. Definitions

• Customer Data — data you or your users submit to the Service (participants, workers, documents, notes, files).
• Platform IP — software, UI, templates, AI prompts, documentation, trademarks and all non-Customer Data materials.
• Users — individuals you authorise (owners, admins, managers, workers, read-only roles).
• Worker Seat — a licence entitlement for one individual staff member to hold a registered worker account. Each seat covers one person and one concurrent login session; seats may not be shared.
• Subscription — the plan, term, limits and fees applicable to your account.
• Product improvement program — an optional feature (section 12A) allowing authorised users to submit voluntary product feedback from the Guardian Desk or Self-Managed applications.

3. The Service

Guardian Desk is a multi-tenant software-as-a-service platform for NDIS providers, plan managers, support coordinators, platform operators and self-managed participants. The Service includes our public website, the Guardian Desk provider application, the Self-Managed Edition, APIs and related tools we make available at guardiandesk.com.au and associated URLs.

Features may include participant registers, compliance tracking, document generation, invoicing, integrations, reporting, AI-assisted tools and administrative consoles. Features vary by plan and edition and may change over time.

We may provide beta or preview features. They are offered “as is”, may be withdrawn, and may have lower availability or support.

4. Eligibility and registration

• You must be at least 18 years old and capable of forming a binding contract.
• Organisations must provide accurate ABN/ACN, NDIS registration (where applicable) and contact details.
• Self-managed registrations must relate to a genuine participant or authorised nominee.
• You must keep account information current and notify us of unauthorised access immediately at security@guardiandesk.com.au.

5. Intellectual property

All Platform IP is owned by Guardian Desk Pty Ltd. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes during the Subscription term.

You must not:

• Copy, modify, reverse engineer, decompile or create derivative works of the Service;
• Scrape, mirror, frame or resell access to the Service;
• Remove proprietary notices or circumvent technical restrictions;
• Use the Service to build a competing product;
• Train machine-learning models on outputs, templates or bulk exports without our written consent.

Customer Data remains yours. You grant us a licence to host, process, back up and display Customer Data solely to provide and improve the Service, comply with law, and as described in the Privacy Policy.

6. Customer responsibilities

You are responsible for:

• All activity under your account and credentials;
• Configuring roles and permissions appropriately;
• Accuracy, legality and integrity of Customer Data;
• Obtaining consents, privacy notices and authorities required for participant and worker data;
• Meeting NDIS Practice Standards, Quality and Safeguards requirements, industrial instruments, workplace laws, privacy laws and all other applicable laws;
• Reviewing all generated documents, templates, policies, AI suggestions and platform defaults before reliance, signature, issue to third parties, or use in regulated practice;
• Maintaining your own backups where required for your business continuity;
• Obtaining independent legal, accounting, clinical or compliance advice wherever appropriate for your organisation.

6A. Templates, policies and suggested wording

The Service may include document templates, policy text, service-agreement clauses, cancellation and billing wording, consent forms, checklists, compliance catalogues, help articles, default values, and other sample content (together, “Suggested Materials”). Suggested Materials are provided as a convenience to help you start and organise your records. They are not legal advice, are not warranted to be complete or current for every jurisdiction, registration status, support type or business model, and do not create a solicitor–client or advisory relationship with Guardian Desk Pty Ltd.

Although we take reasonable care when preparing Suggested Materials, laws, NDIS Pricing Arrangements, Practice Standards, industrial awards and regulator guidance change. You acknowledge and agree that:

• Suggested Materials are offered on an “as is” basis as samples and starting points only;
• each Customer organisation (including its owners, directors and authorised controllers) is solely responsible for reviewing, editing, approving and maintaining all documents and policies used in its practice;
• you must ensure that materials you issue or rely on meet your legal, contractual, industrial, privacy, safety and NDIS obligations, and any requirements of your registration, insurers, plan managers or participants;
• you must not treat platform defaults (including cancellation, pricing, employment or consent wording) as mandatory or as advice from Guardian Desk Pty Ltd;
• any use, adaptation or publication of Suggested Materials is at your own risk;
• to the maximum extent permitted by law, Guardian Desk Pty Ltd is not liable for loss arising from your reliance on Suggested Materials without independent assessment, except for liability that cannot be excluded under the Australian Consumer Law or other applicable law.

Nothing in this section limits your non-excludable rights under the Australian Consumer Law. If you are unsure whether Suggested Materials suit your organisation, you must obtain advice from a suitably qualified professional before use.

7. Acceptable use

You must not use the Service to:

• Violate any law, NDIS rule, professional obligation or third-party rights;
• Store unrelated personal data, unlawful content, malware or excessive junk;
• Probe, scan or test security without prior written permission;
• Overload infrastructure, bypass rate limits or interfere with other tenants;
• Impersonate others or misrepresent your registration status;
• Share login credentials outside your organisation except as permitted by your plan;
• Resell, white-label or sublicense the Service without written agreement.

We may suspend or terminate access for breach, risk to the platform, non-payment, or legal requirement.

8. Subscription, fees and tax

• Fees are in Australian dollars unless stated otherwise and are billed in advance monthly or annually as selected.
• Prices may include or exclude GST as shown at checkout or on invoices.
• Failed payments may lead to reminders, suspension after notice, and termination for persistent default.
• You authorise us and our payment processor (e.g. Stripe) to charge saved payment methods for renewals.
• Trials and promotions are subject to published conditions and may convert to paid plans automatically unless cancelled.

Except where required by the Australian Consumer Law (ACL), fees already paid are non-refundable when you cancel mid-term; access continues until the end of the paid period. We may offer discretionary credits at our sole discretion.

8a. Worker seats — total count and concurrent access

Your subscription plan includes a specified number of worker seats. Each seat represents one individual person who may be registered on the platform. The seat limit applies in two ways:

• Total registered workers: The number of active worker accounts on your organisation cannot exceed your seat limit. Suspended or deleted workers are not counted toward the limit.
• Concurrent sessions: The seat limit also governs simultaneous active sessions. You may not register a single worker account and share it among multiple people. Each person who accesses the platform must hold their own unique account.

Sharing login credentials across multiple people — regardless of whether they access the system at the same time — constitutes a breach of these Terms and may result in account suspension. If your team grows beyond your plan's seat allowance, you must upgrade to a higher plan or remove inactive workers before adding new ones.

9. Price and plan changes

We may change plans, limits or pricing on 30 days’ notice (email or in-app). Changes apply at the next renewal unless you cancel before renewal. Material reductions to included features for an active annual term will not apply before that term ends without your consent.

10. Service availability and support

We target high availability but do not guarantee uninterrupted access. Maintenance may occur with advance notice where practicable. Support is provided by email during business hours (Australian Eastern time) unless a plan includes enhanced support.

Scheduled uptime targets are aspirational, not contractual service levels, unless a separate written SLA is signed.

11. Third-party services and integrations

The Service may link to or integrate with third parties (Stripe, cloud storage, Xero, MYOB, AI providers, email systems). Those services are governed by their own terms. We are not responsible for outages, data loss or acts of third parties beyond our reasonable control. You enable integrations at your own risk and must maintain valid authorisations.

12. AI and automated features

AI-generated text (including Eden AI chat and support note assistance) may be inaccurate, incomplete or outdated. You must verify all outputs against official NDIS materials and professional advice. AI is not a substitute for qualified compliance, legal or clinical judgment. We disclaim liability for decisions you make based on AI suggestions.

Optional AI writing assist (support notes, quick-note phrases, and similar) sends only the text you submit when you press the AI button to our configured AI provider to produce a rewritten version. Pressing the button is your consent for that single request. We do not send participant or worker records to AI providers automatically or in bulk, and we do not use your Customer Data to train third-party models. AI features may be plan-gated and can be disabled by your organisation.

12A. Product improvement program (optional)

Guardian Desk offers an optional Product improvement program for customers using the Guardian Desk provider application and the Self-Managed Edition. This section applies in addition to our Privacy Policy (section 4.8).

Opt-in and opt-out

Participation is entirely voluntary. An account owner or equivalent administrator enables or disables the program in Settings → Product improvement program. You may opt in or out at any time; your choice takes effect immediately for new submissions. Opting out does not require cancelling your Subscription.

When disabled, authorised users cannot submit new feedback and the in-app feedback entry point is hidden on the provider application (Self-Managed Edition users always see the feedback entry point and manage opt-in from Settings). Previously submitted feedback may remain in our internal tracker for support, audit and product history.

What you agree to send

When the program is enabled and an authorised user submits feedback, they agree that we may collect and store:

• Feedback content — type, title, description, optional steps to reproduce, and optional page or section context;
• Organisation identification — your company or tenancy name and internal company identifier;
• Worker identification — the submitting user’s display name and worker account identifier, so we can follow up and attribute reports within your organisation;
• Application context — whether the submission originated from the Guardian Desk provider application or the Self-Managed Edition.

What is not sent

Feedback submissions do not automatically include participant NDIS records, care notes, progress notes, incident reports, uploaded documents, invoices, financial records, bank or payment details, transaction histories, or other Customer Data from your tenant. We collect only what is needed to identify your organisation and the worker experiencing the issue, plus the feedback text you enter. Nothing else is transmitted unless a user deliberately types additional information into a free-text field.

You and your users must not include unnecessary personal, health or financial information in feedback unless strictly required to describe a defect and you have a lawful basis to do so.

How we use feedback

We use submissions solely to reproduce issues, prioritise improvements, communicate deployment status to your organisation, and improve the Service. Feedback is stored in our internal systems and is not sold or used for unrelated marketing.

13. Confidentiality

Each party will protect the other’s confidential information with reasonable care and use it only for the purposes of the relationship. This does not apply to information that is public, independently developed, or lawfully received from a third party without restriction.

14. Privacy and data processing

Our Privacy Policy describes how we handle personal information. Where you process personal information about participants and workers, you are responsible as the primary collector; we process on your instructions as a service provider. You must not upload data you are not authorised to hold.

If you opt in to the product improvement program (section 12A), voluntary feedback may include organisation and worker identification as described in the Privacy Policy — not participant, financial or other customer records unless deliberately entered in free text.

15. Security incidents

You must report suspected security incidents affecting your account promptly. We will investigate and, where required, comply with notifiable data breach obligations. You cooperate with reasonable remediation steps.

16. Suspension and termination

By you: cancel via account settings or written notice; cancellation takes effect at the end of the current billing period unless otherwise agreed.

By us: we may suspend or terminate immediately for material breach, non-payment, fraud, legal compulsion, or risk to the Service or other customers. We may terminate on notice for convenience at the end of a billing period with refund of unused prepaid fees at our discretion.

Effect: on termination, your licence ends. We will provide a reasonable export window (typically 30 days) unless law or abuse concerns require earlier deletion. Sections that by nature survive (IP, liability limits, indemnity, governing law) continue.

17. Warranties and Australian Consumer Law

To the extent permitted by law, the Service is provided “as is” and “as available”. We do not warrant uninterrupted or error-free operation, or that the Service will meet every regulatory outcome you require.

Nothing in these Terms excludes, restricts or modifies any non-excludable right or remedy under the ACL or other applicable consumer protection laws. Where you acquire the Service as a consumer, statutory guarantees apply. Where you acquire as a business, liability for breach of non-excludable guarantees is limited, at our option, to resupply of the Service or refund of fees paid for the affected period.

18. Limitation of liability

To the maximum extent permitted by law:

• We are not liable for indirect, consequential, special or punitive loss, loss of profit, revenue, goodwill or data, except where such liability cannot be excluded by law;
• Without limiting section 6A, we are not liable for your reliance on Suggested Materials, document templates, sample clauses, or AI outputs without your own assessment and (where appropriate) professional advice;
• Our aggregate liability arising from or related to the Service in any 12-month period is capped at the fees you paid to us for the Service in that period;
• You are liable for claims arising from your Customer Data, breach of these Terms, or violation of law.

19. Indemnity

You indemnify us against claims, losses and reasonable costs arising from your Customer Data, your use of the Service, breach of these Terms, or infringement of third-party rights, except to the extent caused by our gross negligence or wilful misconduct.

20. Force majeure

We are not liable for delay or failure caused by events beyond reasonable control (including internet failures, hosting outages, cyberattacks, natural disasters, war, government action or third-party service failure).

21. Assignment

You may not assign these Terms without our consent. We may assign to an affiliate or successor in connection with a merger, sale or reorganisation, with notice to you.

22. Entire agreement and severability

These Terms and the Privacy Policy are the entire agreement regarding the Service and supersede prior understandings on that subject. If any provision is invalid, the remainder stays in effect.

23. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, except that either party may seek injunctive relief in any competent court. Before litigation, the parties will attempt in good faith to resolve disputes by negotiation for 30 days after written notice.

24. Changes to these Terms

We may amend these Terms on notice (email or in-app) at least 14 days before material changes take effect. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and cancel before renewal.

25. Contact

Legal & IP: legal@guardiandesk.com.au
Privacy: privacy@guardiandesk.com.au
Support: support@guardiandesk.com.au
Security: security@guardiandesk.com.au