These draft terms describe the basis on which we intend to offer Well Engaged to residential aged care providers ("your facility", "you"). They're written in plain language where we can manage it, but they are still intended to become a real contract once our lawyer has reviewed them — please read them alongside our Privacy Policy, which covers how personal information is handled in more detail.
1. Acceptance and parties
These terms are between your facility and [FOUNDER-TODO: legal entity name once incorporated] (ABN [FOUNDER-TODO: ABN once incorporated]), trading as Well Engaged ("we", "us", "our"). By downloading the Well Engaged app for your facility, activating a facility account, or subscribing through the App Store, your facility accepts these terms on behalf of everyone at your facility who uses the app under your account — staff, residents and family members alike.
2. What Well Engaged is for
Well Engaged's intended purpose, stated here as a contractual term consistent with our regulatory positioning, is: non-clinical engagement and participation documentation for residential aged care. Well Engaged records participation in activities — what a resident took part in, how they engaged, and what staff and family noted about the session — nothing more. It does not evaluate a resident's health status, does not generate care recommendations, and is not a substitute for your facility's own care documentation or care-planning systems. See our Evidence note for more on what the product does and doesn't do.
3. Your facility's responsibilities
Well Engaged is a tool your facility uses under your own consent and governance processes. Your facility is responsible for:
- Obtaining and recording resident (or substitute decision-maker) consent before entering resident information into Well Engaged, consistent with the collection notice and consent approach described in our Privacy Policy;
- Ensuring staff who use the app are appropriately trained and authorised, and that access is limited to people who need it for their role;
- Managing family member access appropriately, including revoking it when a family relationship changes or a concern is raised;
- Using Well Engaged only for its intended purpose described above; and
- Not uploading material you don't have the right to share, and respecting other residents' privacy — for example, in group photos.
4. Reading your records
Regardless of your subscription status — including if a subscription lapses, is cancelled, or a free trial ends without conversion — your facility keeps full read access to every participation record already captured in Well Engaged. We do not withhold, hide or delete previously captured records for non-payment. We say this on our Pricing and FAQ pages, and we mean it as a contractual term here, not just a marketing line.
5. Who controls your data
As described in more detail in our Privacy Policy, we intend for your facility to remain the party in control of resident information (a "data controller" in common privacy terminology), with Well Engaged acting as a processor of that information under a data processing agreement (DPA). That means your facility sets the rules for how resident data is used, and we agree to follow them. The detailed DPA will be finalised with our privacy lawyer before any paid pilot goes live.
6. Data ownership, export and exit
Your facility owns the resident, staff and family data entered into Well Engaged under your account. If your facility's use of Well Engaged ends — by cancellation, non-renewal, or ending these terms — you can export an audit-ready record of your data as a PDF audit pack from within the app; this export is the mechanism by which we support your ability to take your data with you when you leave.
7. Subscriptions and billing
Well Engaged is offered as an auto-renewing subscription purchased and managed entirely through the Apple App Store. Billing, price display, any free-trial or introductory-offer terms, renewal, cancellation and refunds are all handled by Apple under Apple's own terms and the App Store's standard mechanisms. We do not separately invoice you, store your payment details, or process refunds ourselves. To change or cancel a subscription, or to request a refund, use your Apple ID's subscription settings or contact Apple support directly — this is consistent with how subscribing is described on our Pricing and FAQ pages.
8. Consumer guarantees and liability
Where your facility is a "consumer" for the purposes of the Australian Consumer Law (ACL), our services come with guarantees that cannot be excluded, restricted or modified, and nothing in these terms is intended to limit those guarantees. Where the ACL permits us to limit our liability for a failure to comply with a consumer guarantee for services not of a kind ordinarily acquired for personal, domestic or household use (section 64A), our liability for that failure is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.
9. Intellectual property
Well Engaged, including its software, design and content templates, is owned by us and licensed to your facility for use under these terms. Nothing in these terms transfers ownership of our software or branding to you. You retain ownership of the resident, staff and family data your facility enters into the app, as set out in section 6 above.
10. Ending these terms
These terms apply for as long as your facility holds an active or trialling Well Engaged subscription. Your facility can end the arrangement at any time by cancelling your subscription through the App Store. We may end it by giving reasonable notice, or immediately if we reasonably believe continuing would put us in breach of the law or these terms. Your read-access and export rights described in sections 4 and 6 continue to apply as described there after these terms end.
11. Changes to these terms
We may update these terms from time to time — for example, to reflect legal advice, App Store policy changes, or product changes. We'll post the current version here with an updated date, and for material changes affecting an active facility subscription, we'll aim to give reasonable advance notice by email.
12. Governing law
These terms are governed by the laws of [FOUNDER-TODO: governing-law state or territory], Australia, and each party submits to the non-exclusive jurisdiction of the courts of that state or territory.
13. Contact us about these terms
Questions about this draft can be sent to:
Because these terms are a draft, please treat any response as informal guidance rather than a final legal position.