Terms & Conditions

1. Agreement and order of precedence

The agreement includes these Terms, the applicable order, checkout or signed customer agreement (an Order), and the policies expressly incorporated into them. If they conflict, a signed customer agreement or Order prevails over these Terms. A separately signed privacy or data-handling terms prevail for their subject matter. These Terms then prevail over linked policies.

By creating an account, accepting an Order, or using the service, the Customer and each User agree to the parts of the agreement that apply to them.

2. Access to Effica

During the subscription, Effica grants the Customer a limited, non-exclusive, non-transferable right to use the platform and mobile apps for its lawful internal operations. Access is limited to the features, active-user quantity, organisation, and other scope stated in the Order or checkout.

Each User must use an individual account, keep credentials and devices secure, and promptly report suspected compromise. The Customer controls its Users, roles, permissions, branches, workflow settings, and removal of access when a role changes.

3. Subscription, fees, and payment

The subscription term, active-user quantity or minimum, billing cycle, price, taxes, and any implementation services are those shown at checkout or in the Order. Fees are charged in advance through the stated payment method unless the Order says otherwise. Stripe processes online subscription payments.

A subscription renews for the next billing cycle until cancelled in accordance with the Order or checkout terms. Quantity changes, upgrades, credits, cancellations, and any refund rights follow the Order and applicable law. Effica may change public prices prospectively with reasonable notice, but will not alter a prepaid fixed period except as agreed or required by law.

Overdue undisputed amounts may result in restricted access after reasonable notice. Effica will not use a billing dispute to prevent reasonable access to information the Customer needs to meet an immediate legal or safety obligation where a practical alternative is available.

4. Customer Data and privacy roles

The Customer retains ownership of Customer Data. The Customer gives Effica a limited right to host, process, copy, transmit, and otherwise handle Customer Data only to provide, secure, and support the contracted service, comply with law, and follow authorised instructions.

The Customer normally determines the purpose and lawful use of participant, worker, and other records placed in its workspace. It must have lawful authority to collect and disclose that information, give required notices, obtain required consents, respond to people whose records it controls, and configure access appropriately. Effica will assist as described in the agreement and its Privacy Policy.

Where the Customer uses Effica's Participant information consent, it must explain each purpose, record the participant's or authorised decision-maker's choices, keep them current, and act on withdrawal. A general information-handling acknowledgement does not grant a separate optional purpose such as photo, media, or AI-assisted record processing.

Effica may use aggregated or de-identified information that does not reasonably identify the Customer or an individual to operate, secure, measure, and improve the service. Effica does not sell Customer Data or use tenant operational records for third-party advertising.

5. Security, sub-processors, and incidents

Effica will maintain reasonable technical and organisational safeguards appropriate to the service and the risks it handles. Customers must also maintain appropriate account, device, workforce, access-review, privacy, and incident-response controls.

Effica may use sub-processors to deliver the service. Current main suppliers, purposes, and processing boundaries are published on the Sub-processors page. Customer-selected integrations are also governed by the provider's terms and the Customer's configuration.

Transactional email may process recipient addresses, generic or service-message content, links or codes, and delivery metadata. Effica minimises email content and provides protected records through Effica-controlled secure access.

If Effica becomes aware of a confirmed security incident affecting Customer Data, it will notify the affected Customer without undue delay as required by applicable law and any signed service agreement, provide reasonably available information, and take appropriate containment and remediation steps. The parties will cooperate on any assessment or notification required under the Notifiable Data Breaches scheme. Each party remains responsible for the notifications the law assigns to it.

6. AI-enabled features and automation

Some workflows use optional AI Features for drafting, extraction, summarisation, suggestions, and operational assistance. The Customer is under no obligation to use them. AI that uses a named participant's record stays off until the Customer records the optional AI-assisted record processing choice within Participant information consent. The Customer obtains and keeps that choice, and turns AI off if it is withdrawn. Effica will not send that person's record to AI while the switch is off.

AI Features are powered by OpenAI. Suppliers and processing locations are listed on the Sub-processors page, including limited processing outside Australia as described in the Privacy Policy. Effica has not opted customer data into provider model training. We are working toward OpenAI Zero Data Retention.

When a User uses AI Features, only information relevant to the request is sent. Outputs may be incomplete and must be reviewed. They are not professional advice and do not independently make clinical, legal, regulatory, funding, or participant-access decisions.

The Customer must use AI Features and automation lawfully, consistently with notices, consents, and any processing-location restrictions, and must comply with OpenAI's published policies. A breach of those policies may affect continued access to AI Features. The Customer remains responsible for configuration, review, approvals, communications, services, and outcomes. The Customer remains responsible for participant notices and consents. Control of the switch does not make Effica the decision-maker or transfer the Customer's privacy obligations.

7. Customer responsibilities and acceptable use

The Customer and Users must not:

• use Effica unlawfully or infringe another person's rights;
• access another tenant, evade permissions, share accounts, or attempt to bypass security controls;
• introduce malicious code, overload the service, scrape it at an unreasonable rate, or interfere with availability;
• reverse engineer, copy, resell, sublicense, or create a competing service from protected Effica materials, except where law permits;
• upload information the Customer is not authorised to handle; or
• treat software output or supplied templates as a substitute for qualified clinical, legal, payroll, accounting, quality, or NDIS compliance judgement.

8. Templates, content, and compliance responsibility

Effica may provide default forms, policies, checklists, clauses, guidance, reports, training material, and workflow settings to help Customers get started. They are general examples, not a guarantee of audit success or compliance with a Customer's registration, contracts, participants, services, awards, or local circumstances.

The Customer must review, approve, and maintain its content, settings, rates, records, and operating procedures. It remains responsible for the services it delivers and for meeting NDIS, workplace, tax, privacy, safeguarding, clinical, and other obligations that apply to it.

9. Intellectual property and feedback

Effica and its licensors own the platform, software, designs, documentation, and other materials supplied by Effica. The Customer owns Customer Data and materials it creates independently. Each party retains its pre-existing intellectual property.

If a User voluntarily gives product feedback, Effica may use it without restriction or payment, provided Effica does not identify the Customer or disclose its confidential information without permission.

10. Confidentiality

Each party must protect the other's non-public business, security, technical, and personal information using reasonable care, use it only for the agreement, and disclose it only to people who need it and are bound to protect it. This does not cover information already lawfully known, independently developed, public through no breach, or lawfully received from another source.

A party required by law to disclose confidential information will, where lawful, give prior notice and disclose only what is required.

11. Third-party services

Effica may connect to services such as Xero, Employment Hero, Stripe, maps, email, and mobile notification networks. Effica is responsible for its own integration code, but does not control a third party's service, availability, data, or changes. The Customer authorises transfers it initiates and is responsible for its accounts and agreements with customer-selected services.

12. Service changes, support, and suspension

Effica may update the service to improve security, reliability, or functionality. It may change or retire a feature with reasonable notice where the change materially reduces contracted functionality, unless immediate action is needed for security, law, or third-party dependency changes.

Support channels and any committed service levels are those stated in the Order or on the Support page. Effica may suspend affected access where reasonably necessary to protect people or systems, respond to unlawful use, or address a material breach. Where practical, Effica will give notice and an opportunity to remedy before suspension and will limit suspension to the affected scope.

13. Ending the agreement and Customer Data

Either party may end the agreement as stated in the Order, or for a material breach not remedied within 30 days after written notice. Immediate termination may occur for insolvency, serious unlawful conduct, or a security threat that cannot reasonably be addressed by a narrower suspension.

The Customer should export information it needs while the subscription is active. On request, Effica will provide reasonable assistance with an available export, subject to the Order, technical feasibility, security, and applicable fees disclosed in advance. After access ends, Effica will delete or de-identify Customer Data through its retention and backup processes unless the law, a dispute, safeguarding duty, financial obligation, or written agreement requires retention. If retention is required, access will remain restricted to that purpose.

Terms concerning payment already due, confidentiality, intellectual property, data handling, liability, disputes, and any provision intended to survive will continue after termination.

14. Warranties and Australian Consumer Law

Each party warrants that it has authority to enter the agreement. Effica will provide the service with due care and skill. Because software and third-party networks cannot be completely error-free, Effica does not promise uninterrupted operation or that every output will be accurate or fit for every Customer purpose.

Nothing in the agreement excludes, restricts, or modifies a right, guarantee, remedy, or liability that cannot lawfully be excluded, including under the Australian Consumer Law. Where the law permits a remedy to be limited, Effica may limit it to resupplying the affected service or paying the reasonable cost of resupply.

15. Liability and third-party claims

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable, including loss of profit or opportunity. Each party must take reasonable steps to reduce avoidable loss.

Subject to non-excludable rights, each party's total aggregate liability arising from the service is limited to fees paid or payable for the service in the 12 months before the event giving rise to the claim. That cap does not apply to fraud, wilful misconduct, death or personal injury caused by negligence, a deliberate breach of confidentiality, infringement of the other party's intellectual property, or liability that law does not permit to be capped.

The Customer is responsible for third-party claims to the extent caused by its unlawful Customer Data, instructions, or material breach. Effica is responsible for third-party claims that normal authorised use of the Effica platform infringes Australian intellectual property rights. The protected party must give prompt notice, reasonable cooperation, and control of the defence, and no settlement may impose an admission, payment, or ongoing obligation on it without consent.

16. Changes, notices, and disputes

Effica may update these Terms for future use. For an active paid subscription, Effica will give reasonable notice of a material change. A change will not remove accrued rights or apply retrospectively unless required by law. If the Customer does not accept a material change, it may end the affected renewal before the change takes effect.

Legal notices must be in writing. Notices to Effica may be sent to info@effica.com.au and Unit 2, 59 Pennington Terrace, North Adelaide SA 5006, Australia. Effica may notify the Customer through its registered account contact, the platform, or another address in the Order.

Before starting court proceedings, the parties will try in good faith to resolve a dispute through authorised representatives, except where urgent relief is needed. The agreement is governed by South Australian law, and the parties submit to the courts of South Australia and courts entitled to hear appeals from them.

17. General

Neither party may assign the agreement without the other's consent, not to be unreasonably withheld, except to an affiliate or in connection with a genuine sale or restructure that does not reduce the other party's rights. Neither party is the other's partner, agent, or employee. A failure to enforce a right is not a waiver. If part of the agreement is unenforceable, it will be adjusted or severed only to the minimum extent needed, and the rest continues.