End User License Agreement

1. Introduction and Acceptance

This End User License Agreement ("Agreement", "EULA") is a legal agreement between you ("User", "you") and Kays Consulting, trading as Care Management System ("CMS", "we", "us", "our"), governing your use of the CMS software platform, website, and mobile applications (the "Software").

By installing, accessing, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install or use the Software. This Agreement supplements, and should be read together with, our Terms and Conditions and Privacy Policy.

2. Definitions

3. License Grant

Subject to your compliance with this Agreement and any applicable subscription terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Software for your internal business purposes, including care management, scheduling, compliance tracking, documentation, and invoicing.

This license does not include any right to sublicense, resell, rent, lease, or otherwise make the Software available to any third party not authorized under your account.

4. License Restrictions

You agree not to, and will not permit any Authorized User or third party to:

• Copy, modify, adapt, or create derivative works of the Software
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent expressly permitted by law
• Remove, obscure, or alter any proprietary notices on the Software
• Use the Software to build a competing product or service
• Circumvent any access controls, usage limits, or security features of the Software
• Use the Software in violation of any applicable law, including privacy and health-records legislation

5. Intellectual Property Ownership

The Software, including all source code, designs, trademarks, and content, is and remains the exclusive property of Care Management System and its licensors. This Agreement does not transfer any ownership rights to you. All rights not expressly granted to you are reserved.

6. Your Data

As between you and us, you retain ownership of the data you submit to the Software, including participant, client, and business records ("Your Data"). You grant us a license to host, process, and transmit Your Data solely to provide and support the Software, including to Third-Party Services you choose to connect.

Our collection, handling, and disclosure of personal information is governed by our Privacy Policy. You are responsible for ensuring you have the necessary consents to submit any personal or health information of participants, clients, or staff into the Software.

7. Third-Party Services

The Software may allow you to connect Third-Party Services, such as accounting platforms, at your own discretion. Your use of any Third-Party Service is governed by that provider's own terms and privacy policy, which we encourage you to review.

We are not responsible for the availability, accuracy, or conduct of any Third-Party Service, and connecting one is entirely optional and reversible at any time by disconnecting it within the Software.

8. Updates and Modifications

We may update, modify, or change the features of the Software at any time to improve functionality, security, or compliance. We will make reasonable efforts to notify you of material changes that affect your use of the Software.

9. Disclaimer of Warranties

The Software is provided "as is" and "as available", without warranties of any kind, whether express or implied, to the maximum extent permitted by law. We do not warrant that the Software will be uninterrupted, error-free, or fully compatible with every Third-Party Service.

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded.

10. Limitation of Liability

11. Term and Termination

This Agreement remains in effect for as long as you use the Software. We may suspend or terminate your license if you breach this Agreement. Upon termination, your right to use the Software ceases immediately, though provisions relating to intellectual property, liability, and governing law survive termination.

12. Governing Law

This Agreement is governed by the laws of New South Wales, Australia, without regard to its conflict of law provisions. Any disputes arising from this Agreement are subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

13. Severability and Entire Agreement

If any provision of this Agreement is found unenforceable, the remaining provisions remain in full effect. Together with our Terms and Conditions and Privacy Policy, this Agreement constitutes the entire agreement between you and us regarding your license to use the Software.

14. Contact Information

If you have any questions about this Agreement, please contact us: