Terms and Conditions

Eligibility and Authority

You may use BuildAxis only for lawful business and construction project purposes.

If you use BuildAxis on behalf of an organisation, you represent that you are authorised to act on behalf of that organisation in relation to your use of the Services.

You must comply with:

• these Terms;
• applicable laws and regulations;
• project-specific requirements applicable to you; and
• reasonable instructions relating to security and use of the Services.

Accounts and Access

Access to some or all BuildAxis functionality requires an account. You agree to:

• provide accurate account information;
• keep your details reasonably current;
• protect your login credentials;
• not share credentials in a way that bypasses user permissions;
• promptly notify BuildAxis of suspected unauthorised access; and
• remain responsible for activity conducted through your account unless the activity resulted from a security failure attributable to BuildAxis.

Organisations may appoint administrators who can:

• invite or remove users;
• assign projects;
• configure roles;
• manage permissions; and
• control access to information within their organisation or project environment.

You acknowledge that access to project information may change when an administrator changes your role, project membership or permissions.

Customer Data and User Content

“Customer Data” means information, documents, records and other content submitted to BuildAxis by or on behalf of a customer, authorised user or project participant.

Customer Data may include:

• documents and drawings;
• RFIs;
• claims and variations;
• defect records;
• SWMS and safety records;
• photographs;
• meeting records;
• project communication;
• approvals;
• comments;
• project data; and
• other information uploaded or created through the Services.

3.1 Ownership

As between BuildAxis and the customer, the customer retains ownership of its Customer Data.

BuildAxis does not claim ownership of Customer Data merely because it is stored or processed through the Services.

3.2 Licence required to operate the Services

You grant BuildAxis a non-exclusive licence to host, store, reproduce, process, transmit and display Customer Data only to the extent reasonably necessary to:

• provide the Services;
• operate requested workflows;
• enable authorised collaboration;
• maintain backups;
• provide support;
• maintain security;
• provide AI-assisted functionality selected or used by authorised users; and
• comply with applicable law.

3.3 Responsibility for Customer Data

You are responsible for ensuring that Customer Data you submit or make available through BuildAxis:

• has been collected lawfully;
• does not infringe third-party rights;
• may lawfully be shared with the project participants who are given access to it; and
• does not contain unlawful or malicious material.

Project Participants and Collaboration

BuildAxis is designed to support collaboration between multiple organisations involved in a construction project. Depending on permissions, Customer Data may be shared with or made visible to:

• builders;
• developers;
• subcontractors;
• consultants;
• suppliers;
• project managers;
• contract administrators;
• directors;
• workers; and
• other authorised project participants.

You are responsible for selecting appropriate recipients, project members and permissions for information you submit.

BuildAxis is not responsible for an authorised project participant using information outside the purpose for which you or your organisation made it available, except to the extent caused by BuildAxis failing to apply the permissions configured within the Services.

Acceptable Use

You must not:

• use the Services for unlawful, fraudulent or deceptive activity;
• upload malware, malicious code or harmful content;
• attempt to gain unauthorised access to an account, system or project;
• circumvent access controls or security measures;
• interfere with the operation, performance or security of the Services;
• use automated methods to extract data in a manner that materially impacts the Services;
• reverse engineer, copy or reproduce the Services except where expressly permitted by law;
• use BuildAxis intellectual property without permission;
• impersonate another person or organisation;
• knowingly submit information you do not have authority to use; or
• use the Services in a way that materially infringes the rights of another person.

We may take reasonable steps to investigate suspected misuse.

AI-Assisted Features

BuildAxis may provide artificial intelligence and automated features, including:

• summaries;
• draft responses;
• document extraction;
• suggested actions;
• meeting summaries;
• information classification;
• project insights; and
• data-entry assistance.

AI-generated information is intended to assist users, not replace professional judgement.

You acknowledge that:

• AI output may be inaccurate, incomplete or inappropriate for a particular context;
• AI output must be reviewed before reliance;
• users remain responsible for information they approve, send or act upon;
• BuildAxis AI does not provide legal, engineering, safety, contractual, financial or other professional advice; and
• project, safety, contractual and commercial decisions remain the responsibility of authorised people.

Where a workflow requires user review or confirmation, BuildAxis will not treat AI-generated output as a final approved project decision until the relevant user action occurs.

Confidentiality

Each party may receive confidential information belonging to the other. Confidential information may include:

• commercial information;
• pricing;
• project information;
• contracts;
• drawings;
• claims;
• internal processes;
• technical information;
• security information;
• non-public product information; and
• other information that a reasonable person would understand to be confidential.

Each party agrees to:

• use confidential information only for the purpose for which it was disclosed;
• take reasonable steps to protect it;
• disclose it only to people who reasonably require access and are subject to appropriate confidentiality obligations; and
• not disclose it to third parties except as authorised or required by law.

Confidentiality obligations do not apply to information that:

• is publicly available other than through a breach of obligation;
• was already lawfully known to the receiving party;
• is independently developed without use of the confidential information; or
• is lawfully obtained from another source without confidentiality restrictions.

Third-Party Services and Integrations

BuildAxis may integrate with or depend on third-party products and services. These may include services for:

• cloud infrastructure;
• storage;
• authentication;
• document handling;
• electronic signatures;
• email;
• analytics;
• communication;
• AI processing; and
• other connected functionality.

A third-party service may be subject to its own terms, privacy policy and availability.

BuildAxis is not responsible for a third-party service that operates independently from BuildAxis, except to the extent that a failure results from BuildAxis improperly configuring or using that service.

Service Availability, Maintenance and Changes

We aim to provide reliable access to BuildAxis but cannot guarantee that the Services will be available without interruption at all times. Temporary interruptions may occur because of:

• maintenance;
• updates;
• security events;
• infrastructure issues;
• third-party service failures; or
• circumstances outside our reasonable control.

We may improve, update, replace or modify features over time.

Where reasonably practicable, we will provide notice of planned changes that materially reduce paid functionality relied upon by customers.

Nothing in this section limits any service level or other commitment contained in a separate written agreement with BuildAxis.

Fees and Payment

Where fees apply, pricing and payment arrangements will be set out in the applicable:

• order form;
• proposal;
• subscription agreement;
• invoice; or
• other written commercial agreement.

Unless otherwise agreed:

• fees are payable in accordance with the agreed billing terms;
• applicable taxes may be added where required;
• customers must pay valid invoices when due; and
• fees are non-refundable except where required by law or expressly agreed otherwise.

If an undisputed amount remains overdue, BuildAxis may suspend affected paid access after providing reasonable notice.

We will not suspend access for an amount that is subject to a genuine and good-faith billing dispute while the parties are reasonably working to resolve that dispute.

Security, Backups and Data Management

BuildAxis maintains reasonable technical and organisational measures designed to protect Customer Data. These measures include, where applicable:

• access controls;
• encryption;
• audit logging;
• secure cloud infrastructure;
• monitoring;
• backups; and
• recovery processes.

BuildAxis maintains routine backups and recovery capabilities for the platform.

Customers should also retain copies of records where separate retention is required by:

• law;
• contract;
• internal policy; or
• project-specific obligations.

No backup or recovery system can eliminate every possibility of data loss.

BuildAxis will take reasonable steps to restore Customer Data where loss or corruption results from a failure within systems under our control.

Data Export, Retention and Deletion

During an active subscription, authorised users may access and export Customer Data through available platform functionality.

Following termination or expiry of an organisation’s paid access, BuildAxis may provide a reasonable period for authorised data export where technically available and legally permitted.

Unless a different period is agreed in writing, BuildAxis may delete Customer Data after 30 days following termination of the relevant account or subscription.

We may retain information for longer where required to:

• comply with law;
• maintain necessary financial or security records;
• resolve disputes;
• enforce agreements; or
• comply with legitimate contractual retention requirements.

Residual copies may remain in secure backup systems for a limited period until overwritten through normal backup processes.

Suspension and Termination

We may suspend or restrict access where reasonably necessary because:

• these Terms have been materially breached;
• fees remain overdue after reasonable notice;
• an account creates a material security risk;
• the Services are being used unlawfully;
• there is suspected fraud or serious misuse; or
• suspension is required by law.

Where practicable, we will provide notice and an opportunity to remedy the issue before suspension.

Immediate action may be taken where reasonably necessary to protect:

• users;
• Customer Data;
• project information;
• BuildAxis systems; or
• third parties.

You may stop using the Services at any time.

Ending use of the Services does not affect obligations or amounts that arose before termination.

Intellectual Property

BuildAxis and its licensors retain all rights, title and interest in:

• the BuildAxis platform;
• software;
• source code;
• interface design;
• product design;
• branding;
• documentation;
• platform workflows;
• templates; and
• other BuildAxis intellectual property.

These Terms do not transfer ownership of BuildAxis intellectual property to you.

Subject to these Terms and any applicable commercial agreement, BuildAxis grants authorised users a limited, non-exclusive and non-transferable right to access and use the Services for their organisation’s legitimate business purposes.

You must not copy, resell, sublicense or commercially exploit BuildAxis except where expressly authorised in writing.

Warranties and Australian Consumer Law

BuildAxis will provide the Services with reasonable care and skill.

However, the Services may not meet every organisation’s requirements and we do not guarantee that:

• every feature will operate without interruption;
• the Services will be completely error-free;
• every item of Customer Data will be accurate;
• third-party integrations will always remain available; or
• AI-generated information will always be accurate or complete.

Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or other protection that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Where a statutory guarantee applies and our liability may lawfully be limited, our liability will be limited in the manner permitted by applicable law.

Limitation of Liability

To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special or consequential loss arising out of the Services. This may include loss of:

• anticipated profit;
• opportunity;
• goodwill; or
• business arising indirectly from the relevant event.

To the extent permitted by law, BuildAxis’s total aggregate liability arising out of or relating to the Services in any 12-month period will not exceed the fees paid or payable to BuildAxis for the affected Services during the 12 months immediately preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot legally be limited or excluded.

Nothing in these Terms limits liability for:

• fraud;
• wilful misconduct; or
• any other liability that applicable law does not permit to be excluded or limited.

User Responsibility for Project Decisions

BuildAxis is a project management and workflow platform.

It does not replace the responsibilities of qualified professionals or authorised project decision-makers.

Users remain responsible for reviewing and approving:

• construction decisions;
• contractual notices;
• payment and commercial decisions;
• safety documentation;
• compliance decisions;
• design information;
• project approvals; and
• other professional or statutory matters.

A record, suggestion, notification or AI-generated output within BuildAxis does not itself constitute professional advice or approval unless the relevant authorised person has completed the required project process.

Governing Law

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

The parties submit to the courts of Victoria and courts entitled to hear appeals from those courts.

Before commencing formal proceedings, the parties should first make reasonable efforts to resolve a dispute through good-faith discussion, except where urgent relief is required.

Changes to These Terms

We may update these Terms where reasonably necessary to reflect:

• changes to the Services;
• changes in law;
• security requirements;
• new functionality; or
• reasonable operational requirements.

If we make a material change that affects existing customers, we will provide reasonable notice through the Services, by email or another appropriate method.

Changes will not retrospectively remove rights that have already accrued.

If a material change substantially disadvantages an existing customer in relation to paid Services, any rights available under the customer’s separate commercial agreement or applicable law will continue to apply.

General

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

A failure or delay by either party to enforce a right does not waive that right.

You may not transfer your rights or obligations under these Terms without BuildAxis’s written consent, except as part of a permitted corporate restructuring or business transfer.

BuildAxis may transfer its rights or obligations as part of a merger, acquisition, restructuring or sale of the business, provided doing so does not materially reduce the customer’s rights under an existing paid agreement.

Headings are included for convenience and do not affect interpretation.

Contact

Questions about these Terms may be sent to: