Terms of use

1. Agreement

When a final version of these terms is published and accepted, it will form an agreement between the customer organisation or individual user and Dawnby. Until then, the website and local previews are informational only.

Drafted from published Australian sources; not legal advice. The fairness rules in these terms follow the ACCC guidance on unfair contract terms and the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

2. The service

Dawnby provides care-provider software (rosters, visits, records, timesheets, claim-file preparation) and a discovery marketplace. Dawnby prepares claim files; providers submit them. Dawnby does not process NDIS plan money or client-to-provider payments.

3. Accounts and authority

Access follows server-side sessions and role permissions. You must not share sign-in credentials, attempt to reach another organisation’s data, or present sample or preview receipts as real government or payment outcomes.

4. Customer responsibilities

Providers remain responsible for clinical and care decisions, employment obligations, NDIS and aged-care compliance, and the accuracy of information they enter. Dawnby does not replace professional judgement.

Dawnby never treats a client’s or family’s silence as approval: visit records, hours and invoices are never treated as accepted because nobody objected within a set time, and they can still be queried afterwards. Hours are approved by your coordinators. Automatic approval of hours that match the roster is not offered yet; when it is, it starts switched off, and only if you switch it on are matched visits approved automatically and labelled “Approved automatically: matched the roster”. Your coordinators still clear every exception, 5% are spot-checked at random, and finance closes the pay period before any payroll or claim export.

5. Marketplace

Marketplace listing is free and separate from software subscriptions. Provider pages do not show phone or email. Enquiries and bookings that are not yet built must not be treated as live contracts. There are no per-lead or per-booking fees in the proposed model.

There are no fees or penalties for working with a client or worker outside Dawnby, and none for leaving.

6. Fees

Proposed software pricing appears on the pricing page. Final prices, invoicing and GST treatment will be confirmed before launch. Pilot providers use Dawnby free until it runs their business, then a founding price is agreed.

Fees are billed monthly in arrears. Each month’s tax invoice is issued on the 1st of the next month, for that month’s active-worker count, and is due in 14 days. Your first and last months are charged by whole days.

We give you at least 30 days’ written notice before a price change, and the notice says why the price is changing. Your current price applies until the notice period ends, and the new price applies only to days after that. If you do not accept the change, you can cancel before it starts, with no penalty, and you pay only for the days before your cancellation takes effect.

7. Acceptable use

You must not misuse the service, upload unlawful content, attempt to bypass permissions, scrape personal information, or use Dawnby to send spam.

We can suspend access only for unpaid fees after written notice and at least 14 days to pay, for unlawful use, or to stop an immediate threat to people’s safety or to the security of the service. We tell you before we suspend, or as soon as we can when the threat is immediate, and we say why and how to respond. You can tell us why you disagree, and we reconsider; our view is never final on its own. Access comes back as soon as the reason is resolved. No subscription fees are charged while access is suspended. You can still export your data while access is suspended and during any fee dispute.

8. Intellectual property

Dawnby retains intellectual property in the software and brand. Customers retain rights in their own content. Feedback may be used to improve the product without obligation.

9. Privacy

Personal information is handled as described in the draft privacy policy. That policy is also not in effect until legal review is complete.

10. Liability and consumer law

Nothing in these terms excludes, restricts or changes rights that cannot be excluded under the Australian Consumer Law, and these terms never make anything your only remedy.

Limits apply to both of us in the same way. Each party’s total liability under these terms is capped at the same amount: the fees paid in the 12 months before the claim (a lead default, still to confirm). Neither of us is liable to the other for indirect or consequential loss. These limits never cover a privacy or data breach, fraud, wilful wrongdoing, or the indemnities below. Neither of us excludes liability for our own breach of these terms or our own negligence, including loss of your data caused by Dawnby.

For a privacy or data breach caused by Dawnby, Dawnby’s liability is at least the greater of 3 times the fees paid in the last 12 months or $100,000, and privacy claims sit outside any free-account cap. When Dawnby is at fault, Dawnby pays the cost of notifying the people affected. Dawnby tells you within 72 hours of becoming aware of a data breach that affects your information.

Indemnities are mutual and proportionate. Each of us covers the other only for claims by third parties caused by our own breach of these terms or our own wrongdoing, and only to the extent we caused them. Each of us pays our own costs of enforcing these terms, unless a court orders otherwise.

11. Governing law

These terms are governed by the laws of the Australian state or territory named in the final version, with disputes handled in Australian courts or an agreed forum.

12. Changes to these terms

A change to these terms gets the same notice and the same choice as a price change: at least 30 days’ written notice, the current terms until the notice period ends, and the right to cancel before the change starts, with no penalty, paying only for the days before your cancellation takes effect. This includes the pages these terms link to, such as the pricing page and the privacy policy: we do not change the deal through a linked page without that notice and that choice. Using Dawnby after a change is never treated as accepting a change you were not told about. A change that only helps you, or that the law requires sooner, can start earlier, and we still tell you about it.

13. Term, renewal and cancellation

Subscriptions are monthly and rolling, and billed in arrears. You can cancel at any time. Your cancellation takes effect at the end of the day you cancel, or on a later date you choose; it never depends on what you have already paid. Your last invoice, issued on the 1st of the next month, charges that final month by whole days up to and including that date. There is no cancellation fee or exit fee, the read-only export window after cancelling is free, and cancelling is never harder than subscribing. If a longer term is ever offered, we remind you in writing before the date by which you would need to cancel, and at the end of that term it continues month to month.

Either of us can end the subscription if the other seriously breaches these terms and does not fix the breach within 30 days of written notice. Dawnby ends a subscription for any other reason only with at least 6 months’ notice (a lead default, still to confirm) and an export of your records, and you pay only for the days before it ends.

Paid subscriptions have not started yet. These clauses apply to them from launch.

14. Your data, and getting it out

Your records stay yours. Dawnby uses them only to provide the service to you; we never sell them and never use them to train AI models.

You can export your records at any time, free, including while access is suspended and during a fee dispute. We never hold your data back for unpaid fees. Today an export is one structured file of the records your administrator may export: documents are listed in it, and their document files are downloaded separately. The export names the record types it does not include yet.

After you cancel, your account stays open read-only so you can export for 90 days (a lead default, still to confirm), and we remind your administrators before that window closes. Records are destroyed or de-identified only through an audited purge that you approve, and never while the law requires them to be kept (for care, incident and claim records, at least 7 years) or while a legal hold applies. You stay responsible for keeping the records the NDIS and aged-care rules require you to keep, so export them before the window closes.

Backups are not changed record by record. Daily backups are kept 35 days and monthly backups 13 months, so purged records are gone from every backup within 13 months of the purge. After a purge we give you a deletion certificate. It lists what was purged and when, any of your records still kept and until when, and the date the last backup copy holding purged records expires. Dawnby keeps a deletion register entry (whose records, the period covered and the deletion date) for at least 7 years. How we keep personal information is also in the draft privacy policy.

15. Contact

Questions about these draft terms: legal@[domain-to-be-confirmed].