Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Enrichly (“Enrichly”, “we”, “us”, “our”) and govern your access to and use of the Enrichly lifestyle activity platform, including our website, web application, mobile and TV applications, and any related services (collectively, the “Service”).

By creating an account, accepting an invitation, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you are using the Service on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.

1. The Service

Enrichly is a subscription-based platform that helps Australian aged care providers plan, run, and document lifestyle activities for residents and home-care clients. Features include activity planning, group game sessions displayed on a TV, resident profiles, participation tracking, reporting, and related tools.

We may change, add, or remove features at any time. We aim to give reasonable notice of material changes that adversely affect existing functionality.

2. Accounts

• You must provide accurate information when creating or updating an account and keep it current.
• You are responsible for safeguarding your login credentials and for all activity that occurs under your account.
• You must notify us promptly at admin@enrichly.com.au of any unauthorised use of your account or any suspected security incident.
• Accounts are for use by adult staff members of the customer organisation. The Service is not intended for use by children.

3. Subscriptions, fees and billing

• Access to paid features requires an active subscription. Fees, billing frequency, and inclusions are described at sign-up or in a separate order form.
• All amounts are in Australian dollars and exclusive of GST unless stated otherwise. GST will be added where applicable.
• Payments are processed by our payment provider (Stripe). By providing payment details, you authorise us to charge the applicable fees on a recurring basis.
• Subscriptions renew automatically for the same term until cancelled. You may cancel at any time; cancellation takes effect at the end of the current billing period.
• Except where required by Australian Consumer Law, fees already paid are non-refundable.
• We may change pricing on at least 30 days’ written notice. New pricing applies from your next renewal.

4. Free trials and beta features

We may offer free trials or label some features as “beta”, “preview”, or similar. Such features are provided “as is”, may change or be withdrawn at any time, and may not be subject to the same service levels as generally available features.

5. Customer data and acceptable use

“Customer Data” means information you or your staff submit to the Service, including resident records, activity plans, photos and notes. As between you and Enrichly, you retain all rights in Customer Data. You grant Enrichly a non-exclusive, worldwide licence to host, process, transmit and display Customer Data solely to provide and improve the Service.

You are responsible for:

• Obtaining all necessary consents from residents (or their authorised representatives) to enter their personal and sensitive information into the Service.
• Ensuring Customer Data is accurate and that its use complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Aged Care Act 2024, and any other applicable laws.
• The conduct of all users you authorise to access the Service.

You must not, and must not permit others to:

• Use the Service for any unlawful, harmful, or fraudulent purpose.
• Upload content that is unlawful, infringing, defamatory, or harmful.
• Attempt to gain unauthorised access to the Service, other accounts, or related systems.
• Probe, scan, or test the vulnerability of the Service, or breach security or authentication measures, without our prior written consent.
• Reverse engineer, decompile, or attempt to extract source code, except to the extent expressly permitted by law.
• Resell, sublicense, or make the Service available to any third party other than your authorised users.
• Use the Service to build a competing product or to train any machine-learning or AI model.

6. Our intellectual property

The Service, including all software, text, graphics, game designs, audio, and other content created by Enrichly, is owned by us or our licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during your subscription term.

“Enrichly”, the Enrichly logo, and other product names are our trademarks. You may not use them without our prior written consent.

7. Aggregated and de-identified data

We may generate aggregated or de-identified information from Customer Data (information that cannot reasonably identify any individual or organisation) and use it to operate, analyse, and improve the Service. Aggregated and de-identified data is not Customer Data.

8. Third-party services and content

The Service relies on third-party providers (such as Supabase, Vercel, Cloudflare, Stripe and ElevenLabs) and may link to or interoperate with third-party services. We are not responsible for third-party services, and your use of them is governed by their own terms.

9. Availability and support

We aim to keep the Service available 24/7 but do not guarantee uninterrupted availability. Scheduled maintenance, third-party outages, force majeure events, or urgent security work may cause downtime. We provide support during Australian business hours via admin@enrichly.com.au.

10. Suspension and termination

• You may stop using the Service or cancel your subscription at any time.
• We may suspend or terminate your access if you materially breach these Terms, fail to pay fees when due, or if continued provision of the Service to you would create legal, security, or operational risk.
• On termination, your right to use the Service ends immediately. We will make Customer Data available for export for a reasonable period (typically 30 days), after which we may permanently delete it, subject to backup and legal retention requirements.

11. Disclaimers

Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Enrichly is a productivity and documentation tool. It is not a medical device and does not provide clinical advice. Decisions about resident care remain the responsibility of qualified care professionals.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded.

12. Liability

To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill, or anticipated savings.

Subject to the preceding paragraph, our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the fees paid by you to Enrichly for the Service in that 12-month period.

Where the Australian Consumer Law applies and a consumer guarantee is breached in relation to services that are not of a kind ordinarily acquired for personal, domestic, or household use, our liability is limited (at our option) to resupplying the services or paying the cost of having them resupplied.

13. Indemnity

You agree to indemnify Enrichly against any third-party claims, losses, and expenses (including reasonable legal fees) arising from (a) Customer Data, (b) your use of the Service in breach of these Terms or applicable law, or (c) your breach of any third-party rights.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or via an in-app notice and update the “Last updated” date above. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service.

15. Governing law

These Terms are governed by the laws of the State of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and the courts of appeal from them, except that either party may seek urgent injunctive relief in any court of competent jurisdiction.

16. General

• These Terms (together with our Privacy Policy and any order form) are the entire agreement between the parties about the Service and supersede prior agreements on that subject.
• If any provision is held to be unenforceable, the remaining provisions continue in full force.
• Failure to enforce any right is not a waiver of that right.
• You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.

17. Contact us

Questions about these Terms? Contact us:

Enrichly
Email: admin@enrichly.com.au
Australia