Terms of service

1. This agreement

These terms are between Nexcentric Pty Ltd (ABN 84 682 372 952) and the education and care service that subscribes to Servery. Installing or using Servery means you accept them.

If you are agreeing on behalf of a service or an approved provider, you confirm you are authorised to do so.

2. What Servery is, and what it is not

Servery is a tool for planning menus, recording children's dietary requirements, checking planned dishes against those requirements, costing food, and producing a dated record of all of it.

Servery is not a compliance certification, an approval, or professional advice. It does not assess your service, and using it does not by itself satisfy any obligation under the Education and Care Services National Law or National Regulations, or any state nutrition guideline. Those obligations remain yours, and how an authorised officer assesses your service remains their judgement.

Servery is also not medical, dietetic or nutrition advice. For advice about an individual child's dietary needs, rely on that child's medical management plan and the health practitioners who wrote it.

3. The information you enter — please read this one

Servery's allergen checking compares the dishes you have planned against the dietary requirements you have recorded. That is the whole of what it does, and it is worth being exact about the consequence:

• Servery cannot know about an allergen nobody recorded. If a child's requirement is missing, out of date, or entered without the matching allergen, no conflict will be flagged — and the week will look safe.
• Servery cannot know about an ingredient nobody tagged. If a recipe lists an ingredient without its allergens, dishes containing it will not be flagged.
• Servery does not read product labels. Supplier reformulations, "may contain" warnings and cross-contamination in your own kitchen are outside what any menu planning tool can see.

Keeping the roster and the recipe library accurate and current is your responsibility, and so is the final check before food reaches a child. Servery is a second pair of eyes on your records. It is not a substitute for the first pair.

You are responsible for having the authority and consent to enter the information you put into Servery, including health information about children. See our privacy policy.

4. Nutrition analysis

Servery can assess a week's menu against a state nutrition guideline and shows which guideline it used, where those figures came from, and what it does not check.

The guideline figures are taken from the publishers' own documents. The estimate of how much each recipe contributes to each food group has been prepared by us and has not yet been reviewed by an Accredited Practising Dietitian. Until it has, this analysis is marked provisional in the app and in the exported pack, and you should not rely on it as a nutritional assessment or present it as one. We will say so clearly when that review is complete.

5. Licence and subscription

We grant your service a non-exclusive, non-transferable licence to use Servery for its own operations, for as long as the subscription is current.

• A subscription covers one approved service — a single centre with its own ACECQA service approval number — on as many iPads and for as many staff as that centre needs. It is not charged per meal, per device or per child.
• Fees, billing period and any trial are as shown at servery.com.au/#pricing or as separately agreed in writing. Prices are in Australian dollars.
• We will give at least 30 days written notice before changing the price for an existing subscriber.
• A subscription is not transferable between services without our agreement, since the service approval number appears on the records it produces.

6. Your data and backups

You own the information you enter. We claim no rights over your menus, recipes or records beyond what is needed to provide the app.

In this version, Servery stores everything on your own device and nowhere else. There is no backup and no copy held by us. If the iPad is lost, damaged, reset, or if you use Erase everything, that data is gone permanently and we cannot recover it. Keeping your own copies of anything you need to retain — including exported Evidence Packs for records you are required to keep — is your responsibility.

We will tell you in the app before any future version changes where your data is stored.

7. Acceptable use

You agree not to:

• copy, resell, sublicense or redistribute Servery, or use one subscription across multiple approved services;
• reverse engineer the app except to the extent Australian law permits;
• alter an exported Evidence Pack and present it as one Servery produced; or
• use Servery to hold information you have no lawful basis to hold.

8. Availability and support

Servery runs on your device, so it keeps working without a connection and there is no service uptime for us to promise.

Support is by email at support@servery.com.au. We aim to reply within one business day. We support the current version of Servery on the two most recent major versions of iPadOS.

9. Changes

We may update Servery and these terms. If we change these terms in a way that materially affects you, we will give notice by email or in the app before it takes effect. Continuing to use Servery after that date means you accept the change.

We may add, change or remove features. If we remove something you rely on and you are within a paid period, tell us — we will work out a fair outcome, including a pro-rata refund if that is the fair answer.

10. Ending the agreement

You can stop using Servery and cancel at any time, effective at the end of your current billing period. Your licence runs to the end of that period, and everything you have exported before it ends is yours to keep.

Your data stays on your device. When a licence ends, Servery becomes read-only: every week, child and history entry stays on the iPad and stays readable, and the allergen checks keep working, but it will not take new records or export a new Evidence Pack. Export what you are required to keep before your licence ends. If you find afterwards that you still need a record out of it, email us and we will issue a code so you can export it — we will not hold your own compliance records back from you.

Suspension for us means the read-only state described above. We do not delete your records, and we do not switch off the allergen checks on a menu your kitchen is already cooking.

We may suspend or end access if fees go unpaid after reasonable notice, or if Servery is used in breach of section 7.

11. Liability

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. If a guarantee applies and we fail to meet it, you are entitled to the remedies the law provides, and nothing below limits that.

Subject to that, and to the fullest extent the law allows:

• Servery is provided as is. We do not warrant that it is error free, or that it will identify every allergen conflict — see section 3 for why.
• We are not liable for indirect or consequential loss, loss of profit, loss of reputation, or loss of data.
• Our total liability arising out of or in connection with Servery is limited to the greater of the fees you paid in the 12 months before the claim, or $1,000.

You acknowledge that Servery depends on the accuracy of the information your service enters, and that decisions about what an individual child is served are made by your staff and not by the software.

12. Governing law

These terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland.

Questions about these terms: goodday@servery.com.au.