Terms of Use

1. Service Scope

Apworth provides software tools for retirement village engagement, communication, events, service requests, analytics, and operational workflows. The platform is provided as a hosted software service ("SaaS") and is accessed via web browser.

2. Accounts and Access

Homes are responsible for account credentials and internal access controls. Users must keep login details secure and use the service only under authorised home access. Each home receives a unique Home Password. Staff members and admins use individual codes set by an admin, and residents receive individual 4-digit PINs set by staff.

You must not share your credentials with unauthorised individuals or allow others to access your account. Notify your facility administrator immediately if you suspect unauthorised access.

3. Acceptable Use

You agree not to:

• Post unlawful, abusive, defamatory, or harmful content.
• Attempt to access other homes' data or bypass security controls.
• Disrupt, overload, or interfere with the platform or its infrastructure.
• Reverse-engineer, decompile, or attempt to extract the source code of the platform.
• Use the platform for purposes other than retirement village management.
• Automate access to the platform (scraping, bots) without written permission.

4. Data and Privacy

Homes retain responsibility for the data entered by their users. Apworth processes data to deliver the service and related support in line with the Privacy Policy. Each home's data is isolated from other homes at the database level.

5. Data Ownership and Portability

All content and data entered into the platform by a home's users remains the property of that home. Apworth claims no ownership over customer data.

Upon request, Apworth will provide a data export in a standard machine-readable format (JSON or CSV) within a reasonable timeframe. Homes may also request complete deletion of all their data at any time, which will be carried out promptly and is irreversible.

6. Intellectual Property

The Apworth platform, including its design, code, features, documentation, and branding, is the intellectual property of Apworth (the platform operator). These terms do not grant you any rights to use Apworth's trademarks, logos, or branding without written permission.

Content created by users (bulletin posts, messages, notes) remains the property of the creating home and its users.

7. Availability and Changes

We aim to keep Apworth available and reliable, but uninterrupted service is not guaranteed. We may perform maintenance, updates, or changes to features with reasonable notice where practicable. We will endeavour to minimise disruption and communicate significant changes to facility administrators in advance.

8. Fees and Commercial Terms

Pricing, trial periods, and payment terms are set in each home's commercial agreement or proposal. Access to the platform is conditional on compliance with agreed payment terms.

9. Suspension or Termination

Access may be suspended or terminated for serious misuse, security risk, or non-payment under agreed commercial terms. Where possible, we will provide reasonable notice before suspension. Upon termination:

• The home may request a data export before deletion.
• Data will be retained for 30 days after termination, then permanently deleted unless a different retention period is agreed in writing.
• Authentication credentials will be revoked immediately.

10. Liability

To the maximum extent permitted by Australian Consumer Law, Apworth's total liability for any claim arising from or related to the platform is limited to the fees paid by the home in the 12 months preceding the claim.

Apworth is not liable for indirect, incidental, special, or consequential loss, including loss of data, revenue, or business opportunity. Homes must maintain appropriate operational and compliance processes and not rely on Apworth as a substitute for legal, medical, or professional advice.

11. Indemnification

You agree to indemnify and hold harmless Apworth from any claims, damages, or expenses arising from your breach of these terms, misuse of the platform, or violation of any applicable law.

12. Dispute Resolution

If a dispute arises in connection with these terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may pursue mediation before commencing legal proceedings.

13. Governing Law

These terms are governed by the laws of Australia and the applicable state or territory agreed with the customer. The parties submit to the non-exclusive jurisdiction of the courts of that state or territory.

14. Changes to These Terms

We may update these terms from time to time. Material changes will be communicated to facility administrators at least 14 days before taking effect. Continued use of the platform after changes take effect constitutes acceptance of the updated terms.

15. Contact

For questions about these terms, email apworthconnect@gmail.com.