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The terms that govern your access to and use of the Supportly platform and related services.
Contents
1. Agreement to Terms
These Terms and Conditions ("Terms") form a legally binding agreement between Supportly Pty Ltd (ABN to be confirmed) ("Supportly", "we", "us", "our") and the organisation or individual ("you", "Customer") accessing or using our NDIS software platform, mobile applications, and related services ("Services").
By creating an account, accessing our platform, or using any of our Services, you confirm that you have read, understood, and agree to these Terms. If you are accepting these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.
2. Description of Services
Supportly provides cloud-based NDIS management software designed for Australian disability service providers. Our Services include:
We may update, modify, or introduce new features to the Services at any time. We will provide reasonable notice of material changes that affect your use of the platform.
2.1 Service Availability
We aim to maintain platform availability of 99.5% uptime, excluding scheduled maintenance windows. Planned maintenance will be communicated at least 48 hours in advance. We are not liable for unavailability caused by circumstances beyond our reasonable control.
3. Account Registration and Responsibilities
3.1 Registration
To use Supportly, you must register an account and provide accurate, current information about your organisation. You are responsible for maintaining the accuracy of this information.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must:
3.3 Authorised Users
Your subscription grants access to a defined number of users as specified in your plan. You may add additional users within the parameters of your plan. Each authorised user must be a current employee or contractor of your organisation.
4. Subscription, Fees and Payment
4.1 Subscription Plans
Supportly operates on a subscription basis. Your subscription plan, pricing, and billing cycle are set out in the order or proposal agreed to at the time of sign-up.
4.2 Payment
Subscription fees are billed in advance on a monthly or annual basis. Payment is processed via your nominated credit card or payment method. You authorise us to charge the applicable fees on each billing date.
4.3 Price Changes
We may change subscription prices with at least 30 days written notice. Continued use of the Services after the price change takes effect constitutes acceptance of the new pricing.
4.4 Refunds
Subscription fees are generally non-refundable except where required by Australian Consumer Law. If you cancel during a billing period, your access continues until the end of that period.
4.5 Overdue Payments
If payment is not received within 14 days of the due date, we may suspend access to your account. Access is restored upon receipt of overdue amounts.
5. Acceptable Use
You agree to use Supportly only for lawful purposes and in accordance with these Terms. You must not:
Supportly reserves the right to investigate suspected breaches of this clause and to suspend or terminate accounts where violations are confirmed.
6. Data Ownership and Processing
6.1 Your Data
You retain ownership of all data you upload to or generate within Supportly, including participant information, care records, and business data. You grant Supportly a limited, non-exclusive licence to process Customer Data solely for the purpose of providing the Services.
6.2 Data Processing
Supportly acts as a data processor in relation to personal information about your participants and staff. You remain the data controller and are responsible for ensuring your collection and use of that information complies with the Privacy Act 1988 (Cth) and Australian Privacy Principles.
6.3 Data Export
You may export your Customer Data from the platform at any time in standard formats. Upon termination of your subscription, we will make your data available for export for 60 days before securely deleting it from our systems.
6.4 Data Security
We apply industry-standard technical and organisational security measures to protect Customer Data. Full details are set out in our Privacy Policy.
7. Intellectual Property
All intellectual property in the Supportly platform, including software, design, trademarks, and content created by Supportly, remains the exclusive property of Supportly Pty Ltd.
Your subscription grants you a limited, non-exclusive, non-transferable licence to use the platform for your internal business purposes during the term of your subscription.
You grant Supportly a limited licence to use anonymised and aggregated data derived from your use of the platform to improve our services and develop product features.
8. Limitation of Liability
8.1 General Limitation
To the maximum extent permitted by Australian law, Supportly's total liability to you for any claim arising out of or related to these Terms or the Services will not exceed the total fees paid by you to Supportly in the 12 months immediately preceding the event giving rise to the claim.
8.2 Excluded Losses
Supportly is not liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, loss of data, or business interruption, whether arising from contract, negligence, or otherwise, even if advised of the possibility of such damages.
8.3 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot be excluded by contract.
9. Termination
9.1 Termination by You
You may cancel your subscription at any time by providing 30 days written notice to accounts@supportly.au. Cancellation takes effect at the end of the current billing period.
9.2 Termination by Supportly
We may suspend or terminate your account immediately where:
9.3 Effect of Termination
On termination, your access to the platform ceases. We will retain your Customer Data for 60 days and make it available for export. After this period, your data will be securely deleted.
10. General Provisions
10.1 Governing Law
These Terms are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria.
10.2 Entire Agreement
These Terms, together with our Privacy Policy and any agreed order or proposal, constitute the entire agreement between you and Supportly regarding the Services.
10.3 Amendments
We may update these Terms from time to time. Material changes will be communicated with at least 14 days notice via email or platform notification.
10.4 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
10.5 Contact
Questions about these Terms should be directed to:
