Terms of Service

1. Acceptance of Terms

By accessing and using ShiftNote ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Service Description

ShiftNote is a web-based application designed to assist Australian NDIS support workers in generating progress notes. The Service:

• Takes raw shift information from you and generates formatted NDIS progress notes using AI
• Stores your account data, participant information, and notes securely
• Is not a medical advice tool and does not replace professional judgment
• Is designed to format and structure documentation, not to provide clinical assessments

3. User Eligibility

You represent that you are:

• At least 18 years old
• An NDIS support worker, disability worker, or other professional documented with an Australian disability support provider
• Authorized to create and manage progress notes for the participants you enter into the system
• Bound by your employer's confidentiality and documentation policies

4. Subscription Plans

All prices are in Australian Dollars (AUD). Your Pro subscription will automatically renew each month unless you cancel it.

5. Payment and Billing

By subscribing to the Pro plan, you authorize us to charge your payment method on a recurring monthly basis. You are responsible for:

• Providing accurate payment information
• Maintaining a valid payment method
• Paying all charges incurred under your account

Payments are processed by Stripe. Your payment information is not stored on our servers. Failed payments may result in service suspension.

6. Cancellation Policy

You may cancel your Pro subscription at any time without penalty. To cancel:

• Log into your account and navigate to your billing settings
• Select "Cancel subscription"
• Confirm your cancellation

Cancellations take effect at the end of your current billing cycle. No refunds are provided for partial months. If you cancel, you will revert to the Free plan (3 notes/month) after your Pro access expires.

7. AI-Generated Content Disclaimer

ShiftNote generates progress notes using artificial intelligence (Anthropic's Claude). By using this Service, you understand and agree that:

• You are responsible for accuracy: AI-generated notes may contain errors, omissions, or inaccuracies. You must review all generated notes before submission to your provider.
• You must not blindly copy AI output: You are required by law and your employer to verify that generated notes accurately reflect what occurred, are compliant with NDIS rules, and contain no false or misleading information.
• AI may misinterpret context: While ShiftNote is designed to produce NDIS-aligned note drafts, it may misunderstand nuance, participant needs, or specific circumstances.
• You remain the author: When you submit a note to your provider, you are certifying that it is accurate and truthful under applicable NDIS rules and Australian law.
• You cannot hold us liable: We provide the tool; you are responsible for the content you generate and submit.

Never submit an AI-generated note without reviewing it yourself. Submitting false or inaccurate progress notes may breach NDIS Quality & Safeguards Commission standards and could result in serious consequences for you and your provider.

8. Acceptable Use

You agree to use ShiftNote only for legitimate NDIS progress note writing and only with information related to your actual participants and shifts. You must not:

• Use the Service to generate false or misleading notes
• Create notes about participants you do not actually support
• Backdate notes to claim support was provided when it was not
• Use the Service for any purpose unrelated to NDIS documentation
• Share your account credentials with others
• Attempt to bypass payment requirements or usage limits
• Reverse-engineer, modify, or misuse the AI system
• Violate applicable NDIS Quality & Safeguards Commission standards or NDIS Practice Standards

Violations of this section may result in immediate account termination and potential legal action.

9. Intellectual Property

You retain ownership of the shift information and participant data you input into the Service. However, we retain ownership of:

• The ShiftNote software, design, and functionality
• AI models and prompt engineering used to generate notes
• Aggregated, anonymized usage data and improvements derived from the Service

You may use generated notes for your professional work, but you may not resell, republish, or claim the Service as your own product.

10. Confidentiality and Data Handling

You are responsible for ensuring that participant information you enter into ShiftNote:

• Is consistent with your duty of confidentiality to participants
• Complies with your employer's privacy and data handling policies
• Is only accessible to you on your account

Do not share your login credentials. Each user account is responsible for its own data security. We recommend using strong, unique passwords.

11. Limitation of Liability

To the maximum extent permitted by law, ShiftNote and its owners, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Errors or inaccuracies in AI-generated notes
• Service interruptions or downtime
• Audit failures, regulatory penalties, or provider sanctions resulting from note content
• Third-party claims arising from your use of the Service

In no event shall our total liability to you exceed the amount paid by you in the 12 months preceding the claim.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING:

• Merchantability or fitness for a particular purpose
• That the Service will be error-free or uninterrupted
• That generated notes will comply with all NDIS standards in all circumstances
• That the Service will meet your expectations

You use the Service at your own risk and assume all responsibility for its use.

13. Indemnification

You agree to indemnify and hold harmless ShiftNote, its owners, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service in violation of these Terms
• Notes you submit to your provider that are inaccurate or false
• Breaches of participant confidentiality
• Your violation of NDIS rules or applicable law

14. Service Modifications and Termination

We reserve the right to:

• Modify or discontinue the Service at any time with 30 days' notice
• Terminate or suspend your account if you violate these Terms or engage in prohibited conduct
• Update features, pricing, or subscription plans with notice

Upon termination, your access to the Service will cease immediately, though we will maintain your data for a reasonable period to allow export.

15. Governing Law and Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Queensland for any dispute arising from these Terms or your use of the Service.

16. Dispute Resolution

Before initiating legal proceedings, we encourage you to contact us at contact@shiftnoteai.com.au to resolve disputes informally. If informal resolution fails, the dispute will be governed by the laws of Queensland, Australia.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and ShiftNote concerning your use of the Service and supersede all prior agreements, whether written or oral.

19. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting the updated Terms on the website. Your continued use of the Service following notification constitutes your acceptance of the revised Terms.

20. Contact Information

If you have questions about these Terms of Service or wish to report a violation, please contact us: