Terms of Use

Welcome to Culture Crunch

These Terms of Use ("Terms") govern your access to and use of the Culture Crunch leadership development platform, including our website and all related services (collectively, the "Platform").

Culture Crunch Pty Ltd
ACN: 693 217 971
ABN: 67 693 217 971
Registered Address: 91C Shepherd Street, Bowral, NSW 2576, Australia

Please read these Terms carefully. By accessing or using Culture Crunch, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you may not access or use the Platform.

1. Description of Service

1.1 What Culture Crunch Provides

Culture Crunch is the behaviour change engine for Australian aged care providers. Our Platform provides:

• - Weekly Team Pulse surveys and Leader Pulse reflections
• - AI Coach Companion (ChrisAI) providing personalised leadership insights
• - Research-backed micro-actions for behaviour change
• - Team-level analytics on engagement, teamwork, and culture
• - Executive reporting and insights dashboards

1.2 What Culture Crunch Is NOT

• Not Performance Management: We do not track individual employee performance or provide surveillance capabilities
• Not Professional Advice: While informed by research, our Platform does not replace professional HR, legal, or psychological services
• Not a Clinical System: Culture Crunch has no integration with or access to resident care systems, clinical records, or healthcare information
• Not a Guarantee: Leadership development outcomes vary based on organisational context, readiness, and implementation

2. Aged Care Industry Specific Terms

3. Eligibility and Account Requirements

3.1 Who Can Use Culture Crunch

You may use Culture Crunch if you:

• - Are at least 18 years of age
• - Have the authority to bind your organisation to these Terms (for organisational accounts)
• - Are not prohibited from using our services under applicable laws
• - Comply with all local laws regarding online conduct

3.2 Account Registration

To access certain features, you must create an account. You agree to:

• - Provide accurate, current, and complete information
• - Maintain and update your information as needed
• - Keep your password secure and confidential
• - Notify us immediately of any unauthorised access
• - Accept responsibility for all activities under your account

3.3 Organisational Accounts

If you create an account on behalf of an aged care organisation:

• - You represent that you have authority to bind that organisation
• - Both you and the organisation are bound by these Terms
• - The organisation is responsible for all users under its account
• - The organisation must notify employees about Culture Crunch use in accordance with workplace privacy laws

4. Intellectual Property Rights

4.1 Our Intellectual Property

All content, features, and functionality on the Platform, including text, graphics, logos, software code, algorithms, AI models, methodologies, and user interface design, are owned by Culture Crunch Pty Ltd and are protected by Australian and international intellectual property laws.

4.2 Limited License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• - Access and use the Platform for your internal business purposes
• - Download and print materials for internal use only
• - Share content with team members within your organisation

4.3 Restrictions

You may NOT:

• - Modify, copy, or create derivative works
• - Reverse engineer, decompile, or disassemble any software
• - Remove copyright, trademark, or proprietary notices
• - Use our content for commercial purposes outside your organisation
• - Use automated tools (bots, scrapers) to access the Platform

5. Acceptable Use Policy

5.1 Permitted Uses

You may use Culture Crunch to:

• - Develop leadership capabilities within your organisation
• - Access team-level insights and recommendations
• - Participate in programs and training sessions
• - Track progress toward leadership development goals

5.2 Prohibited Conduct

You may NOT:

• - Attempt to gain unauthorised access to any part of the Platform
• - Interfere with or disrupt servers, networks, or security features
• - Introduce viruses, malware, or harmful code
• - Use the Platform for purposes competitive to Culture Crunch
• - Manipulate or game our AI systems
• - Submit false, misleading, or fraudulent information
• - Use team-level data for individual performance management or disciplinary actions
• - Use insights to identify or target individual employees

5.3 Consequences of Violation

Violation of this Acceptable Use Policy may result in warning, suspension, termination of your account, and/or legal action.

6. Payment Terms

6.1 Pricing

Pricing is as quoted for your specific program. The 30-Day Pilot Program is typically $25,000 AUD. All fees are exclusive of GST, which will be added as required by law.

6.2 Refunds and Cancellations

• Cooling-Off Period: You may cancel within 7 days of signing with full refund if no services have been provided
• Post-Program Commencement: Refunds are calculated based on services already delivered. Cancellation requires 30 days' written notice

6.3 Late Payment

Late payments may result in suspension of access, interest charges at 10% per annum, and termination of service.

7. Disclaimers and Limitations of Liability

7.1 Service Provided "AS IS"

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

7.2 No Professional Advice

Culture Crunch provides leadership development services informed by research, but we do not provide legal, HR, psychological, or medical advice. Always consult qualified professionals for specialised advice.

7.3 AI-Generated Content

Our AI Coach Companion generates recommendations based on team-level data and research-backed frameworks. However:

• - AI recommendations are advisory only, not directives
• - Human judgment and organisational context must guide decisions
• - We do not guarantee specific outcomes from following AI recommendations
• - Leadership decisions remain the responsibility of organisational leaders

7.4 Aged Care Specific Disclaimers

7.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:

Our total liability for all claims arising from your use of Culture Crunch shall not exceed the amounts paid by you to Culture Crunch in the 12 months preceding the claim.

We are not liable for indirect, incidental, special, consequential, or punitive damages, loss of profits, revenue, data, or business opportunities.

8. Privacy and Data Protection

Your use of Culture Crunch is also governed by our Privacy Policy.

If you are an employer using Culture Crunch in aged care:

• - You must notify employees about Culture Crunch use in accordance with APP 5 and Fair Work Act requirements
• - You must not use team-level data to make automated decisions about individual employees
• - You agree to use insights for leadership development purposes only

9. Termination

9.1 Termination by You

You may terminate your account at any time by providing 30 days' written notice to support@culturecrunch.io.

9.2 Termination by Culture Crunch

We may suspend or terminate your access if you violate these Terms, fail to pay amounts due, your account is inactive for 12+ months, or we cease providing the service.

9.3 Effect of Termination

Upon termination, your license to use the Platform ends immediately. You may export your team-level data within 90 days.

10. Dispute Resolution and Governing Law

10.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes.

10.2 Informal Resolution First

Before initiating formal proceedings, you agree to contact us at legal@culturecrunch.io and engage in good-faith negotiations for 30 days.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies statutory guarantees under the Australian Consumer Law or other consumer protections that cannot be lawfully excluded.

Our goods and services come with guarantees that cannot be excluded under the ACL. For major failures with the service, you are entitled to cancel your service contract and receive a refund for the unused portion.

12. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Culture Crunch.
• Modifications: We may update these Terms periodically. Material changes will be communicated with 30 days' notice.
• Severability: If any provision is found invalid, the remaining provisions remain in effect.
• Force Majeure: We are not liable for delays resulting from circumstances beyond our reasonable control.

13. Contact Information