1. Introduction and Definitions

1.1 Agreement

This Consumer Terms of Use Agreement is a legally binding contract between you and CarePlans AI Pty Ltd (ABN 92 691 158 237), a company registered in Australia. These Terms govern your access to and use of the CarePlans AI artificial intelligence voice companion service.

1.2 Definitions

• ACL: Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)
• Account: Your registered account for accessing the CarePlans AI Service
• Care Recipient: The person who receives CarePlans AI services
• Conversations: The AI-generated voice interactions between CarePlans AI and the Care Recipient
• Personal Information: As defined in the Privacy Act 1988 (Cth)
• Sensitive Information: As defined in the Privacy Act 1988 (Cth) and includes health information

2. Description of Service

2.1 Service Overview

CarePlans AI provides an artificial intelligence powered voice companion service that makes scheduled telephone calls to Care Recipients for social interaction, wellbeing checks, and conversation. The Service uses AI technology to conduct human-like conversations on various topics including personal interests, daily activities, relationships, storytelling, and general discussion.

2.2 Service Limitations and Disclaimers

2.2.1 CRITICAL EMERGENCY DETECTION WARNING

WARNING: CarePlans AI CANNOT RELIABLY DETECT MEDICAL EMERGENCIES

The AI may fail to recognize:

• • Heart attacks, strokes, or other cardiac events
• • Falls, injuries, or physical trauma
• • Medication errors or adverse reactions
• • Cognitive decline or confusion
• • Suicidal ideation or self-harm
• • Breathing difficulties or choking
• • Severe pain or distress
• • Any other medical emergency

NEVER rely on CarePlans AI for emergency detection or response. Always call 000 for emergencies.

2.3 Emergency Information

IF YOU NEED EMERGENCY ASSISTANCE:

• • Emergency (Police, Fire, Ambulance): Call 000
• • Lifeline (Crisis Support & Suicide Prevention): 13 11 14
• • Beyond Blue (Mental Health Support): 1300 22 4636
• • Suicide Call Back Service: 1300 659 467
• • Kids Helpline: 1800 55 1800

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use the CarePlans AI Service, you must:

• • Be at least 18 years of age
• • Be a resident of Australia or otherwise located in Australia
• • Provide accurate and complete registration information
• • Have the legal capacity and authority to enter into this Agreement

3.2 Registering on Behalf of Another Person

If you are registering an Account for someone else (the Care Recipient), you represent and warrant that:

• • You have obtained all necessary consents and authorisations
• • You are acting in their best interests
• • You have legal authority to act on their behalf
• • You will keep the Care Recipient appropriately informed about the Service
• • You agree to provide documentation evidencing your authority if requested by CarePlans AI

4. Telecommunications and Recording Consent

4.1 Consent to Receive Calls

By using the Service, you consent to receiving automated AI voice calls from CarePlans AI at the telephone number(s) you have provided.

4.3 Recording of Conversations

RECORDING NOTICE: CarePlans AI records all Conversations for the purposes of service delivery, quality assurance, training, and improvement of our AI systems. By using the Service, you consent to the recording of all Conversations. Voice recordings may contain biometric identifiers which receive additional protection under privacy law.

5. Privacy and Data Protection

5.1 Privacy Policy

Our collection, use, storage, and disclosure of your Personal Information and Sensitive Information is governed by our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy forms part of these Terms.

5.2 Collection of Information

We collect Personal Information and Sensitive Information including:

• • Contact details (name, address, telephone number, email)
• • Information about the Care Recipient (age, interests, health conditions where disclosed)
• • Audio recordings of all Conversations
• • Usage data and interaction patterns with the Service
• • Language preference and linguistic competency indicators
• • Voice biometric data contained in recordings

6. Fees and Payment

6.1 Service Fees

The fees for the CarePlans AI Service are as set out on our website or as otherwise communicated to you. All fees are in Australian Dollars (AUD) and include GST where applicable.

6.4 Refunds and Cooling-Off Period

You have a 14-day cooling-off period from the date of your initial registration during which you may cancel your Account and receive a full refund of any fees paid.

7. Your Obligations and Acceptable Use

7.1 Acceptable Use

You must not use the Service to:

• • Engage in unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable conduct
• • Attempt to manipulate, deceive, or abuse the AI system
• • Interfere with or disrupt the Service or servers
• • Use the Service for any commercial purpose without our written consent
• • Violate any applicable laws or regulations

8. Australian Consumer Law Guarantees

8.1 Consumer Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund, or to compensation for the drop in value of your services.

9. Liability, Insurance and Indemnity

9.2 Insurance Coverage

We maintain professional indemnity insurance of $10 million and public liability insurance of $20 million. We also maintain appropriate cyber liability insurance for data breach events.

10. Dispute Resolution

10.1 Good Faith Negotiations

If a dispute arises between you and CarePlans AI, we both agree to first attempt to resolve the dispute through good faith negotiations.

10.3 Court Proceedings

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales.

11. Termination

You may terminate your Account at any time by contacting us. If you terminate during the cooling-off period, you will receive a full refund.

12. Changes to Terms

We may change these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect.

13. Intellectual Property

All intellectual property rights in the Service, including the CarePlans AI technology, software, website, and related materials, are owned by or licensed to CarePlans AI.

14. Contact Information

CarePlans AI Pty Ltd
ABN: 92 691 158 237

Email: info@careplans.io
Phone: +61 483 955 552
Address: 7 York Street, Gladesville, NSW, 2111, Australia
Website: www.careplans.io

Security Incidents: security@careplans.io (monitored 24/7)
Privacy Officer: privacy@careplans.io
Complaints: complaints@careplans.io

15. Acknowledgment of Understanding

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT:

• • You have read, understood, and agree to be bound by these Terms
• • You understand that CarePlans AI is NOT a medical, healthcare, or emergency service
• • You understand that CarePlans AI CANNOT reliably detect medical emergencies
• • You understand your rights under Australian Consumer Law
• • You consent to receiving automated AI voice calls and to the recording of all Conversations
• • You understand voice recordings may contain biometric identifiers
• • You acknowledge the limitations of AI technology and third-party AI services