[email protected] | Tel: +61468167862  

Last Updated: July 2, 2026

Welcome to Cognify Digital.

These Terms and Conditions ("Terms") govern your access to and use of the website and the Cognify Digital NDIS Provider Management Platform ("the Platform"), operated by Cognify Digital Pty Ltd (ABN: 53691933632) ("Cognify Digital", "we", "us", or "our").

By registering an account, accessing the Platform, or using our services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, Registered Training Organisation (RTO), NDIS provider, or other legal entity, you represent that you have the authority to bind that entity to these conditions.

1. Definitions

  • "Customer" means the legal entity (NDIS registered provider, disability support organization, or RTO) that subscribes to the Platform.
  • "User" means any individual authorized by the Customer to access the Platform (e.g., administrators, coordinators, support workers, staff).
  • "Customer Data" means all text, files, images, photos, and sensitive health or worker compliance records uploaded or managed within the Platform by the Customer or its Users.
  • "Platform" means the cloud-based NDIS provider management software, infrastructure, updates, and associated applications provided by Cognify Digital.

2. Platform Access and Account Security

2.1 Eligibility and Authority

To access the Platform, the Customer must be a legally operating business, sole trader, or registered organization within Australia.

2.2 Account Credentials

Customers and Users must provide accurate, current, and complete information during registration. You are solely responsible for maintaining the confidentiality of account passwords and session security (including safeguarding secure httpOnly session cookies).

2.3 Unauthorized Use

The Customer must immediately notify Cognify Digital via [email protected] if any unauthorized access or data breach is suspected. The Customer remains fully responsible for all activities occurring under its account tenants.

3. Customer Obligations and Acceptable Use

3.1 Acceptable Conduct

The Customer agrees not to:

  • Reverse engineer, decompile, or attempt to extract the source code of the Platform.
  • Use the Platform to store or transmit malicious code, viruses, or harmful data.
  • Interfere with or disrupt the integrity, security, or performance of our cloud infrastructure.
  • Resell, license, or lease access to the Platform to unauthorized third parties outside their specific business tenant.

3.2 NDIS and Regulatory Compliance

Because the Platform processes sensitive health and worker validation data, the Customer explicitly warrants that:

  • It holds all necessary registrations, licenses, and permits required to operate under the National Disability Insurance Scheme Act 2013 (Cth).
  • All staff and support workers utilizing the Platform hold valid, up-to-date NDIS Worker Screening Clearances, Police Checks, and relevant certifications where mandatory.
  • It will input and manage participant data in absolute alignment with the NDIS Practice Standards.

4. Intellectual Property Rights

4.1 Proprietary Ownership

Cognify Digital retains all right, title, and interest in and to the Platform, including all software, source code, user interface designs, logos, algorithms, and documentation. No intellectual property rights are transferred to the Customer except for the limited, non-exclusive, non-transferable right to access and use the Platform during the active subscription period.

4.2 Feedback

If the Customer or its Users provide feedback, feature requests, or improvement ideas to Cognify Digital, we reserve the right to use, implement, and modify such suggestions without any financial obligation or restriction.

5. Customer Data and Privacy

5.1 Ownership of Data

The Customer retains full ownership of and intellectual property rights over all Customer Data uploaded to the Platform. The Customer grants Cognify Digital a limited, secure, worldwide license to host, transmit, and process Customer Data solely for the purpose of providing, maintaining, and protecting the Platform services.

5.2 Sensitive Data Handling

We recognize the highly confidential nature of NDIS participant health and disability data. Both parties agree to handle all personal and sensitive information in strict compliance with:

  • The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
  • The NDIS Act 2013 (Cth).
  • Our published Privacy Policy.

5.3 Data Backups and Export

While Cognify Digital implements automated, encrypted, redundant data backups (utilizing secure regional infrastructure in Australia, with optional high-availability staging in secondary regions like Singapore), the Customer is encouraged to regularly export its operational, shift, and financial records for independent record-keeping.

6. Fees, Billing, and Subscriptions

6.1 Pricing Plans

The Customer agrees to pay the fees specified in their chosen subscription plan or negotiated enterprise service agreement. All fees are in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST) unless explicitly stated otherwise.

6.2 Payment Terms

Subscriptions are billed in advance (monthly or annually) via direct debit, credit card, or invoice depending on the account tier. If any due fees remain unpaid for greater than 14 business days, Cognify Digital reserves the right to suspend access to the platform tenant until balances are resolved.

6.3 Cancellation and Non-Refundability

Unless required by Australian Consumer Law, paid subscription fees are non-refundable. Upon termination or non-renewal, the Customer will maintain platform access until the expiration of the current billing cycle.

7. Artificial Intelligence (AI) and Automation Tools

7.1 Opt-in Features

The Platform may provide optional AI-assisted tools to streamline notes drafting, compliance form completion, or automated risk signal detection.

7.2 Human Verification Guardrail

The Customer explicitly acknowledges that all AI-generated text, summaries, or compliance outputs are designed to assist, not replace, human operational workflows. It is the sole responsibility of the Customer’s authorized staff to audit, verify, and confirm the factual accuracy of AI outputs before final submission into official participant or regulatory logs.

8. Limitation of Liability and Disclaimers

8.1 No Medical or Regulatory Advice

Cognify Digital provides management and compliance tracking software infrastructure. We are not an NDIS regulatory advisor, medical provider, or legal expert. The Platform's operational outputs, compliance checklists, or tracking dashboards do not constitute formal legal or audit advice.

8.2 Warranties Disclaimer

Except as provided by non-excludable statutory warranties under Australian Consumer Law, the Platform is provided on an "as-is" and "as-available" basis. We do not guarantee that the Platform will be completely uninterrupted, secure, or free from minor software bugs at all times.

8.3 Cap on Liability

To the maximum extent permitted by law, Cognify Digital's total aggregate liability for any claims arising out of or relating to these Terms—whether in contract, tort (including negligence), or statutory breach—is strictly limited to the total fees paid by the Customer to Cognify Digital in the twelve (12) months immediately preceding the event giving rise to liability.

9. Suspension and Termination

9.1 Termination for Convenience

The Customer may cancel their subscription at any time via the billing settings panel within their account dashboard or by writing directly to [email protected].

9.2 Termination for Cause

Cognify Digital reserves the right to suspend or terminate platform access immediately, without prior notice or liability, if:

  • The Customer breaches any material provision of these Terms.
  • The Customer uses the platform to store illegal material or engage in fraudulent activities.
  • Continued access poses an active security risk to our shared cloud environment or network integrity.

9.3 Data Retrieval Upon Termination

Upon formal account termination, Cognify Digital will provide a 30-day window during which the Customer may request an export of their primary Customer Data records. Following this 30-day period, all account data, profiles, and associated records will be securely destroyed or anonymized in accordance with our retention policy.

10. Governing Law

These Terms are governed by, and construed in accordance with, the laws of the State of New South Wales (NSW), Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those bodies.

11. Contact and Notices

For all legal notices, operational inquiries, or support requests regarding these Terms, please contact our team:

  • Cognify Digital Pty Ltd
  • Email: [email protected]
  • Phone: +61 468 167 862
  • Registered Office: Suite 17, 89-97 Jones Street, Ultimo, NSW 2007