Terms of Use

These Terms of Use govern access to and use of QUCHR.

QUCHR is operated by QUCHR Pty Ltd as trustee for The Radatti Family Trust, trading as QUCHR, ABN 93 709 631 226.

QUCHR is currently offered to Australian businesses and organisations.

By creating a QUCHR account or using the service, you agree to these Terms.

If you use QUCHR on behalf of an organisation, you represent that you are authorised to accept these Terms on that organisation's behalf.

QUCHR is a safety and compliance intelligence platform designed to help organisations work with their own safety information and relevant governed sources.

Depending on the functionality available to your account, QUCHR may provide tools for:

• uploading and analysing organisation documents
• retrieving information from organisation documents
• accessing governed safety and compliance sources
• asking questions using AI-assisted chat
• reviewing citations and source references
• managing customer documents and conversations

QUCHR may add, change or improve functionality as the service develops.

QUCHR is designed to assist users in finding, understanding and working with safety and compliance information.

QUCHR does not replace:

• applicable laws, regulations, codes or regulatory requirements
• the advice or judgement of a suitably qualified or competent person
• professional legal, safety, engineering or other specialist advice
• workplace consultation, supervision, training or risk-management obligations
• an organisation's own workplace health and safety duties

You remain responsible for determining what legal and safety obligations apply to your organisation and for the decisions and actions taken in reliance on information obtained through QUCHR.

Where a matter could affect health, safety, legal compliance or another significant decision, users should review the underlying source material and obtain appropriate professional advice where required.

QUCHR uses artificial intelligence as part of document analysis, retrieval and answer generation.

AI-generated information may contain errors, omissions or outdated information.

QUCHR is designed to provide citations and source references where supported so users can review relevant source material.

A citation does not guarantee that an AI-generated interpretation is complete or correct.

Users must apply appropriate judgement when relying on QUCHR outputs, particularly for safety-critical or compliance decisions.

You are responsible for:

• providing accurate account information
• maintaining the confidentiality of your account credentials
• using reasonable measures to prevent unauthorised access
• notifying QUCHR if you become aware of suspected unauthorised access to your account

You must not share access in a way that circumvents account restrictions or materially compromises the security of the service.

QUCHR may take reasonable steps to protect an account or the service where suspicious or harmful activity is detected.

You retain responsibility for documents, information and other material you upload or submit to QUCHR.

You must ensure that you have the necessary rights, authority and lawful basis to upload and use that information.

This is particularly important where documents contain:

• personal information
• sensitive information
• employee information
• health or injury information
• confidential information
• third-party intellectual property

You grant QUCHR a limited right to host, process, reproduce and technically use submitted information only to the extent reasonably necessary to provide, secure and operate the service.

This does not transfer ownership of your customer documents to QUCHR.

QUCHR handles personal information in accordance with its Privacy Policy.

The Privacy Policy explains matters including:

• information collected through QUCHR
• AI processing
• customer document storage
• overseas processing
• document deletion
• conversation retention
• account deletion

Security information is also available on the QUCHR Security page.

You must not use QUCHR to:

• break applicable law
• infringe another person's rights
• upload information you are not authorised to use
• introduce malicious code
• attempt to gain unauthorised access to accounts, systems or data
• interfere with the security, operation or availability of QUCHR
• probe, attack or circumvent security controls without written authorisation
• use QUCHR to facilitate unlawful, fraudulent or deliberately harmful activity

QUCHR may provide access to or reference information originating from regulators, government bodies or other third-party sources.

Ownership of third-party materials remains with the relevant owner.

QUCHR may help retrieve, organise or contextualise this material but does not control third-party source websites or guarantee that an external source will remain available.

Users should refer to the underlying authoritative source where currency, legal effect or completeness is important.

QUCHR and its underlying software, design, branding and platform materials are owned by or licensed to QUCHR and are protected by applicable intellectual property laws.

These Terms do not transfer ownership of the QUCHR platform or QUCHR intellectual property to users.

Customer documents and customer-owned material remain the property of their respective owners.

Subject to these Terms, QUCHR grants authorised users a limited, non-exclusive and non-transferable right to use the service for their organisation's legitimate business purposes while their access remains active.

QUCHR may make some functionality available on a trial, pilot, preview or early-access basis.

During these periods:

• functionality may change
• some features may be incomplete
• defects may be identified and corrected
• availability or performance may vary

QUCHR will take reasonable care in operating the service but trial or preview functionality should not be treated as a substitute for required professional, legal or safety processes.

Feedback provided about trial functionality may be used by QUCHR to improve the service, provided this does not give QUCHR ownership of the customer's confidential documents or customer data.

Some QUCHR services may be free, trial-based or paid.

Where fees apply, the applicable pricing, billing period and other commercial terms will be presented through an order, proposal, subscription selection or other written agreement before the relevant paid service is supplied.

If separate commercial terms conflict with these Terms on pricing or subscription-specific matters, the separately agreed commercial terms apply to that extent.

QUCHR aims to provide a reliable service but does not guarantee uninterrupted or error-free availability.

The service may occasionally be unavailable because of:

• maintenance
• upgrades
• security requirements
• third-party service interruptions
• technical faults
• events outside QUCHR's reasonable control

QUCHR may make reasonable changes to the service as it develops.

Where a material change significantly affects a paid customer's agreed service, QUCHR will provide reasonable notice where practicable.

You may stop using QUCHR at any time and may delete your account using the available account controls.

QUCHR may suspend or restrict access where reasonably necessary to:

• protect the security or integrity of the service
• investigate suspected unauthorised or unlawful use
• prevent material harm to QUCHR, another customer or a third party
• comply with legal requirements
• address a material breach of these Terms

Where reasonably practicable, QUCHR will provide notice and an opportunity to address the issue before permanent termination, unless immediate action is reasonably required for security, legal or safety reasons.

Users can delete individual customer documents and conversations through available QUCHR controls.

Users can also delete their account.

Data deletion and retention are handled as described in the Privacy Policy.

QUCHR relies on third-party technology and infrastructure providers to deliver parts of the service.

The availability or performance of those third-party services may affect QUCHR.

Nothing in these Terms transfers responsibility to a user for failures that are properly QUCHR's responsibility under applicable law.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights that may apply under the Australian Consumer Law.

Although QUCHR is offered as a business service, Australian Consumer Law protections may apply to some business customers depending on the circumstances.

If a statutory guarantee or other right applies and cannot legally be excluded, these Terms operate subject to that right.

To the maximum extent permitted by law, QUCHR is not responsible for loss caused solely by:

• a user's unauthorised or unlawful use of the service
• information supplied by the user that is materially inaccurate or incomplete
• a user's failure to review source information where review was reasonably required
• reliance on QUCHR as a substitute for professional advice or legally required safety processes where these Terms clearly state that QUCHR is a decision-support tool

Where liability may lawfully be limited, any limitation must operate only to the extent permitted by law.

A commercial liability cap may later be addressed in customer subscription/order terms after legal review.

Each party remains responsible for loss or damage to the extent caused by its own breach of these Terms, unlawful conduct, negligence or wilful misconduct, subject to applicable law.

Each party should take reasonable steps to protect confidential information received from the other party and use it only for the purposes for which it was provided.

This obligation does not apply to information that:

• is already lawfully public
• was lawfully known without confidentiality restrictions
• is independently developed without use of the confidential information
• must be disclosed by law

Nothing in this section prevents QUCHR from processing customer information as necessary to provide the service in accordance with the Privacy Policy.

QUCHR may update these Terms as the service develops or where legal, security or operational requirements change.

Material changes should be notified to users within the service or by another reasonable method before they take effect where practicable.

Continued use after the effective date of updated Terms constitutes acceptance where permitted by law.

These Terms are governed by the laws of Victoria, Australia.

The parties submit to the courts having jurisdiction in Victoria and any courts hearing appeals from those courts, subject to any rights that cannot lawfully be excluded.

If part of these Terms is unenforceable, the remaining provisions continue to apply to the extent they can operate independently.

A failure to enforce a provision immediately does not necessarily waive the right to enforce it later.

These Terms, together with any applicable written commercial agreement and the documents expressly incorporated by reference, form the agreement governing use of QUCHR.

Questions about these Terms can be sent to:

QUCHR Pty Ltd as trustee for The Radatti Family Trust
Trading as QUCHR
ABN 93 709 631 226
Melbourne, Victoria, Australia
support@quchr.com