These terms and conditions (the Terms) apply to your use of the Behaviour Help App, whether made available via our website or application (the Platform) and our website https://behaviourhelp.app(the website) including all applications, tools, information, content, materials and data made available to you time to time by Behaviour Help Pty Ltd (ABN 74 612 728 275) ( Help, we, us or our) (the Services). The Platform is a software solution designed to assist users (including educators, behaviour support practitioners, therapists and mental health professionals) in collating and generating Functional Behaviour Assessments and Positive Behaviour Support Plans for the individuals they support (such as clients, students, or participants).

Please read these Terms carefully before using or accessing the Platform. By using or accessing the Platform, our Website or our Services, you agree to comply with these Terms and acknowledge that these Terms create a binding, legal agreement between us and you. If you do not agree to these Terms, immediately stop accessing, browsing or using the Platform and our Website.

We may update these Terms from time to time. Amendments become effective when we post the updated terms on our Website. Your continued access to or use of the Platform or Website after these Terms are updated constitutes your consent and agreement to be bound by the updated Terms. If you do not agree to our updated Terms, you may request deletion of your account at any time and must stop accessing, browsing or using the Platform and Website.

1. To use the Platform you must register and create an account on our Website. You acknowledge and agree that Behaviour Help may, in its sole discretion, accept or reject your account registration.
2. Where Behaviour Help accepts your account registration, we grant you the right to use the Platform during the Term in accordance with these Terms, unless your account is terminated or otherwise suspended.
3. Once your account registration is accepted, you may select a plan by choosing the number of individuals you wish to enter information in relation to on the Platform (Supported Individuals). You must pay the relevant Subscription Fee in accordance with clause 2 of these Terms.
4. Your account permits you to enter information for the number of Supported Individuals specified in the plan you select. You may increase the number of Supported Individuals (provided that this does not exceed 100 Supported Individuals) at any time through your account settings on our Website. Additional fees per Supported Individual will apply in accordance with the pricing provided on our Website.
5. You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, may result in your inability to access and use the Platform or our termination of your account and these Terms. If you change or deactivate your mobile telephone number, you must update your account information within 48 hours.
6. You acknowledge that the accessibility and functionality of the Platform requires a connection to the internet.
7. You are responsible for all fees and charges associated with accessing the internet. These may include charges imposed by your mobile network in relation to data use.

1. The term commences on the day on which you pay the then current applicable annual subscription fee for a period of 12 months (the Term).
2. You must pay the then current applicable annual subscription fee in respect of your use of the Platform and Services (Subscription Fee) as set out at https://www.behaviourhelp.app/pricing.
3. The Subscription Fee is an upfront fee to access the Platform for the Term and, to the extent permitted by law, it is a non-refundable fee.
4. If you wish to continue using the Platform after the Term, please provide us with 30 days’ notice to the expiry of the then current Term. Any continued use of the Platform is subject to payment of the then current Subscription Fee.
5. All amounts on the Website are quoted in the currency stated on the Website and must be paid to Behaviour Help in the quoted currency. You are solely responsible for the impact of current currency exchange rates on any payments and for ensuring payment to Behaviour Help in cleared funds. All amounts are inclusive of GST.
6. Payment of the Subscription Fee is processed through our third-party payment processors, Stripe. By providing your payment details and confirming payment, you authorise Behaviour Help (and Stripe, acting on our behalf) to charge the applicable Subscription Fee to your nominated payment method.
7. You acknowledge and agree that:
   1. all payments are subject to Stripe’s terms and conditions and privacy policy, which are available on Stripe’s website;
   2. Behaviour Help is not responsible for any errors or issues arising from Stripe’s services;
   3. you are responsible for ensuring that your payment information remains current, complete, and accurate at all times.

1. You acknowledge and agree that in order for your employees, contractors, authorised representatives and any other persons (Users) to access the Platform and/or Website and our services, you must procure and ensure that your Users agrees to and complies with these Terms.
2. In using the Platform and our Website, you must not, and you must procure that any Users do not:
   1. use the Platform or Website in any way that is unlawful or not permitted by these Terms;
   2. sell, market, licence, sublicense, distribute or otherwise grant to a third party any right to use the Platform or Website;
   3. copy, modify, enhance, reproduce or creative derivative works based on the Platform or Website in whole or in part;
   4. reverse-engineer, reverse-translate, disassemble, de-compile, or otherwise attempt to derive source code to the Platform or Website;
   5. incorporate, embed, combine, merge or bundle the Platform or Website with any other hardware or software;
   6. distribute viruses, Trojans or spyware, corrupt files, carry out denial of service attacks or use any other similar software or programs that may interrupt the functionality of the Platform or Website or damage the operation of any computer hardware or software;
   7. use the Platform or Website to violate the security or integrity of any network, computer or communications system, software application, or network or computing device;
   8. use any software or technologies to scrape information from the Platform or Website or collect or store personal information about any users of the Platform or Website;
   9. remove, erase, obsolete or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to or encoded or recorded in or on the Platform or Website;
   10. use the Platform or Website to infringe the intellectual property or proprietary rights, or rights of publicity or privacy, of any third party;
   11. provide us with inaccurate or incomplete information or impersonate any person or use a false email address;
   12. directly or indirectly permit or assist any third party to do any of the above.
3. You acknowledge and agree that you are responsible for the acts or omissions of your Users when using the Platform and/or Website by your Users. Any breach of these Terms by a User will be deemed to be a breach of these Terms by you.
4. You must keep your account username and password for the Platform safe and must not share any username and password with any other person. You are responsible for any use of the Platform via your account (whether authorised or not).
5. You must immediately notify us if you become aware of any improper use or disclosure of your username and password, in which case we will cancel your username and password and we may provide a new username and password to you.

6. We grant to you a non-exclusive, non-transferrable, revocable, limited licence to access and use the Platform and Website for the Term in accordance with these Terms.
7. No intellectual property rights in the Platform, Website or otherwise are assigned to you and you acknowledge that we own all intellectual property rights in the Platform and our Website. You have no intellectual property rights in, or to, the Platform or Website other than the right to use the Platform or Website in accordance with these Terms.
8. Any rights not expressly granted in these Terms are reserved by us. This includes all right, title and interest in the object code and source code of the Platform and the Website.
9. We may from time to time make new versions of the Platform, updates, upgrades, supplements and add-on components to the Platform, including bug fixes, service updates, enhancements and feature improvements (Updates) available to you after you have downloaded or accessed the App.
10. These Terms apply to all Updates, unless we provide other terms along with such Updates. Where we make the Platform available via application, you acknowledge and agree to install, update and enable any Updates of the Platform to continue accessing the Platform.

1. You may upload and provide certain information to the Platform in relation to Supported Individuals including clinical notes, medical records, information relating to behavioural incidents, template reports and related data and information (Your Content).
2. You own Your Content that you upload or provide to the Platform as well as the reports, plans and other outputs generated by the Platform based on Your Content (Outputs). You grant Behaviour Help a worldwide, royalty-free, perpetual, transferrable, sublicensable and non-exclusive licence to use, copy, reproduce, modify, adapt, create derivative works, distribute, publish, display information and content including the Outputs and Your Content that you upload or provide to the Platform in any and all media or distribution methods, for commercial and non-commercial purposes.
3. You are solely responsible for Your Content and all information or materials in any form or format that you upload, post, transmit, or otherwise disseminate using, or in connection with, the Platform, including ensuring that Your Content complies with all applicable laws and for obtaining any necessary consents or authorisations from third parties whose data or intellectual property is included in Your Content.
4. You must ensure that you regularly download and maintain a back-up of Your Content and Outputs at all times. We do not guarantee that we will be able to provide you with a copy of Your Content and/or Outputs after termination, expiry or suspension of your account or where you remove data associated with a Supported Individual on the Platform and/or Website.
5. We, including our employees, agents and contractors, may use, reproduce, distribute and retain all data (including Outputs) generated by, submitted to or evaluated utilising the Platform and all associated data residing on our systems for the purposes of:
   1. system and network maintenance, and the diagnosis, investigation and correction of actual or suspected performance issues;
   2. measurement or evaluation of software, services or Platform usage and performance, and information security;
   3. recommending, developing or monitoring improvements, upgrades or enhancements;
   4. performing our obligations under these Terms;
   5. analysing, modelling and auditing;
   6. protecting against and/or preventing actual or potential fraud;
   7. compliance with relevant laws.

1. We collect, use, disclose and handle your personal information (including where such personal information is contained or incorporated into any of Your Content) in accordance with our https://behaviourhelp.app/privacy-policy.
2. You acknowledge and agree that:
   1. you must comply with all applicable privacy and data protection laws;
   2. you must obtain all necessary consents and permissions from any Supported Individuals or other individuals to allow the collection handling, disclosure and processing of any personal information in accordance with these Terms and our Privacy Policy. This includes obtaining a signed User Consent Form for App Use.https://behaviourhelp.app/privacy-policy.
   3. where a Supported Individual does not provide consent to permit you to provide their personal information to Behaviour Help, you must not upload any personal information, materials or other information in relation to that Supported Individual to the Platform;
   4. you must not upload or provide any personal information or other data or content that is not required for the use of the Platform or any Services;
   5. you must ensure that all personal information uploaded or provided to the Platform is correct, up-to-date, complete and has been collected in accordance with applicable laws.
3. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform or Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

3. Where we make the Platform available to you via application, we will communicate with you in connection with the Platform electronically in a variety of ways, including through text message, in-app push notifications or email. You consent to receive communications from us in connection with the Platform.
4. You may opt-out of receiving in-app push notifications by adjusting the Platform settings on your mobile device. You acknowledge that opting-out of in-app push notifications may impact your use of the Platform.

1. You warrant and represent that:
   1. you have obtained (and will maintain for the Term) all necessary consents and permissions to allow the collection, handling, disclosure and processing of any personal information in accordance with these Terms and our Privacy Policy (including where we require you to obtain consent in a form approved by us);
   2. you have all necessary rights to provide and upload Your Content to the Platform and to permit Behaviour Help to use Your Content in the provision of the Platform and its Services;
   3. you have collected and handled all personal information contained or incorporated in Your Content in accordance with all applicable laws;
   4. Your Content or its use will not infringe or make unauthorised use of the rights (including intellectual property rights) of any person.

2. We provide the Platform and Website on an "as is" and “as available” basis and exclude and disclaim to the maximum extent permitted by applicable law, all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law.
3. In particular, and without limiting the above:
   1. while we endeavour to provide a convenient and functional Platform and Website, we do not guarantee that your requirements will be met, that the Platform or the Website is accurate or complete, or that your use of the Platform or the Website will be uninterrupted, secure or error free or that the Platform or the Website is free of viruses or other harmful components;
   2. you acknowledge that there may be times when the Platform or the Website may be down or disrupted and that we will not be liable for any interruptions or disruptions in any way.
4. You acknowledge and agree that:
   1. the Platform or Website assists users to create and manage behaviour support plans and that the Platform or Website is intended for educational purposes only;
   2. information or outputs provided or generated by the Platform or Website are not and are not intended to constitute clinical advice or professional advice;
   3. you must not use or rely on the outputs or information provided or generated by the Platform or Website to diagnose or treat any medical condition or as a substitute for the advice of a health professional;
   4. you are responsible for reviewing and validating any outputs or information provided or generated by the Platform or Website;
   5. you must review any information or outputs provided or generated by the Platform or Website prior to including such information or outputs in any professional reports;
   6. you are solely responsible for ensuring that you comply with all applicable laws, regulatory requirements and standards in preparing and generating any professional reports using the Platform or Website;
   7. Behaviour Help does not make any decisions about a Supported Individual’s care or medical treatment and that any decisions about a Supported Individual’s care or medical treatment must be made by a health professional.
5. Where you use the Platform to generate information for inclusion in professional or medical reports, you must review such information and ensure that the information meets any applicable requirements and compliance obligations.
6. Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.

1. To the maximum extent permitted under any applicable laws, in no circumstances are we liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to you for any indirect or consequential loss or damage, loss of business, loss of profits, loss of revenue, loss of opportunity, loss of goodwill or anticipatory profits, or business interruption, incurred by you under or in connection with these Terms or its subject matter.
2. To the extent permitted by law, you agree that our aggregate liability for any claims under or in connection with these Terms, however they arise and whether in contract, tort (including negligence and breach of statutory duty), shall not exceed an amount equal to the Subscription Fee.
3. If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a non-excludable provision), and we are able to limit your remedy for a breach of the non-excludable provision, then our liability for breach of the non-excludable provision is limited exclusively (to the maximum extent permitted by law) at our option to the supplying of the Platform again, or the payment of the cost of having the Platform supplied again.
4. Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

1. We may suspend or terminate your account or access to the Platform immediately and without notice:
   1. in the case of system failure, maintenance or repair, or any reason beyond our control;
   2. if we reasonably believe that you are or are likely to be involved in using the Platform in breach of these Terms or inappropriately;
   3. where you fail to pay the Subscription Fee.
2. We do not guarantee that the Platform will be available 24/7 and reserve the right, without prior notice to you, to suspend the Platform pending maintenance, repair, diagnosis, analysis or upgrade of the Platform or to modify the Platform, or discontinue the Platform at any time, in any event, without liability to you.
3. At our discretion, we may at any time without prior notice restrict, block or disable access, edit and/or remove some parts of or the entire Platform or any content, including any material which in our reasonable opinion may give rise to a breach, or be in violation of these Terms, or is otherwise harmful.
4. If your account is terminated (either by us or by you) or your access to the Platform expires or is suspended you must stop all activities authorised by these Terms including your use of any of the Platform.
5. Where your account is terminated or suspended by us, we may provide you with a copy of Your Content and Outputs held on the Platform to the extent that we are able to do so and provided that you make a request to us within 24 hours of such termination or suspension.

1. Sometimes our Platform or Website may contain links to other websites and/or advertisements which contain embedded links. We are not responsible for the content or accuracy of any linked websites and we do not endorse the content of any linked website or the subject matter of the advertisement. You should review the terms of use and privacy policies of each website you visit, as you do so at your own risk.

1. Where we make the Platform available for download as an application:
   1. you acknowledge and agree that you must comply with all relevant App Store and Google Play user terms and conditions (as appropriate and as may be amended from time-to-time);
   2. you must also download the most recent version of the App available on the Google Play Store or Apple iTunes Store and maintain current software on your smart phone (or other device), as updated from time-to-time.

1. If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
2. These Terms are governed by the laws of Victoria, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
3. These Terms are the entire agreement between you and Behaviour Help relating to the Platform and Website and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Platform and/or Website or any other subject matter covered by these Terms.
4. Each party agrees that the other may communicate with it electronically for all aspects of any product purchase, including by sending electronic notices.
5. The provisions of these terms which by their nature survive termination or expiry will survive termination or expiry of these Terms.
6. The term “including” when used in these Terms is not a term of limitation.

If you have any questions, complaints or claims with respect to the Platform, our Website or any of our Services, please contact us at team@behaviourhelp.com.

Last updated: 18th August 2025