Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") govern your access to and use of the BuilderView platform, websites, and related services (the "Platform"), operated by Trinity Analysts Pty Ltd (ABN 84 654 694 890) ("BuilderView", "we", "us", "our").

By creating an account, accessing, or using the Platform, you agree to these Terms. If you accept these Terms on behalf of an organisation, you warrant that you are authorised to bind that organisation, and "you" refers to that organisation and its authorised users. If you do not agree, do not use the Platform.

2. Definitions

• "Platform" — the BuilderView software-as-a-service application and related services.
• "Customer", "you" — the person or organisation that registers for or uses the Platform.
• "Authorised User" — an individual you permit to access the Platform under your account (e.g. staff, site supervisors, trades people, home owners).
• "Organisation" / "tenant" — the customer workspace within which your data and users are isolated.
• "Fees" — the subscription fees payable for access to the Platform.
• "Your Content" — data, documents, images, project information, and other material you or your Authorised Users upload to or create on the Platform.
• "AI Features" — optional features that use third-party generative AI (see clause 10).
• "ACL" — the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

3. The Platform and your right to use it

Subject to these Terms and payment of applicable Fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform during your subscription for your internal business purposes.

We may update, improve, add, or remove features of the Platform from time to time. We will not materially reduce core functionality of a paid plan during a paid period without notice.

4. Accounts, organisations and authorised users

• You must provide accurate registration information and keep it up to date.
• You are responsible for all activity under your account and for the acts and omissions of your Authorised Users.
• You must keep credentials secure, enable available security features such as two-factor authentication where appropriate, and notify us promptly of any suspected unauthorised access.
• The Platform is multi-tenant: organisation administrators manage Authorised Users and their roles, and control which users can access which data through role-based access controls.
• Accounts are for the named user; do not share login credentials.

5. Subscriptions, fees, billing and taxes

• The Platform is provided on a subscription basis. Each plan sets the Fees and any usage limits (for example, the maximum number of projects).
• Payments are processed by our payment provider, Stripe. By subscribing you authorise us (via Stripe) to charge the applicable Fees on a recurring basis. We do not store full card details.
• Subscriptions renew automatically for successive periods at the then-current Fees unless cancelled before the renewal date.
• We may change Fees on at least thirty (30) days' prior notice; changes take effect from your next renewal after the notice period.
• Unless stated otherwise, Fees are stated exclusive of GST. Where GST applies to a supply under these Terms, you must pay us an additional amount equal to the GST, and we will issue a tax invoice. You are responsible for any other applicable taxes, duties, or charges.
• If a payment fails or is overdue, we may suspend or restrict access until it is resolved.

6. Free trials

We may offer a free trial (currently fourteen (14) days). A valid payment method is required to start a trial, but you are not charged during the trial period. Unless you cancel before the trial ends, your subscription automatically converts to the paid plan you selected and the applicable Fees are charged from the end of the trial. Trials are provided on an "as is" basis and we may modify or withdraw them at any time.

7. Cancellation and refunds

You may cancel your subscription at any time through your account or by contacting us. Cancellation takes effect at the end of your current billing period, and you retain access until then.

Except where required by law (including your Non-excludable Rights under the ACL — see clause 16), Fees already paid are non-refundable, and no refund or credit is given for partly used billing periods.

8. Acceptable use

You must not, and must ensure your Authorised Users do not:

• Use the Platform in breach of any law or to infringe the rights of others;
• Upload or transmit malware, or content that is unlawful, defamatory, or that you do not have the right to share;
• Attempt to gain unauthorised access to the Platform, other tenants’ data, or related systems, or probe, scan, or test their security;
• Reverse engineer, decompile, scrape, or copy the Platform, except to the extent this restriction is prohibited by law;
• Resell, sublicense, or make the Platform available to third parties outside your Organisation, or use it to build a competing product;
• Interfere with or place an unreasonable load on the Platform.

We may investigate suspected breaches and suspend access where reasonably necessary (see clause 18).

Objectionable content and abusive users

There is no tolerance on the Platform for objectionable content or abusive users. You must not post, send or share content that is abusive, harassing, threatening, hateful, discriminatory, sexually explicit or otherwise objectionable, and you must not use messaging or any other feature to bully, harass or intimidate anyone.

Anyone can report a message from within the BuilderView app, and can block another user so that their messages are hidden. We review every report within 24 hours. Where content breaches these Terms we will remove it, and we may suspend or remove the account of the user responsible (see clause 18). To raise a concern, contact support@builderview.com.au.

9. Your Content and data

• As between you and us, you (or your Organisation) own Your Content. We claim no ownership of it.
• You grant us a non-exclusive, worldwide licence to host, store, process, transmit, copy, and display Your Content to the extent necessary to provide, secure, and support the Platform — including through our sub-processors and, where you use AI Features, our AI provider.
• You are responsible for Your Content, including ensuring you have the right to upload it and that you have obtained any consents required for personal information about third parties (such as home owners and trades people).
• You are responsible for maintaining your own backups of data you consider critical.
• Our handling of personal information is described in our Privacy Policy.

10. AI features

The Platform offers optional AI Features (for example, AI-generated project descriptions, floor-plan generation, build/trade sequence optimisation, and social media content). When you use an AI Feature, relevant inputs are sent to our third-party AI provider (Google, via its Generative AI / Gemini APIs) to generate the output.

AI-generated output is produced automatically, may be inaccurate or incomplete, and is not professional, legal, engineering, financial, or construction advice. You must review and verify AI output before relying on or acting on it. To the maximum extent permitted by law, we are not responsible for your reliance on AI output (subject to clause 16).

11. Intellectual property

We and our licensors own all intellectual property rights in the Platform, including its software, design, and content (other than Your Content). Except for the limited right to use the Platform under these Terms, no rights are granted to you.

If you provide feedback or suggestions about the Platform, we may use them without restriction or any obligation to you.

12. Third-party services

The Platform relies on and integrates third-party services, including Stripe (payments), Google (AI Features), and our infrastructure providers (Neon, Amazon Web Services, and Vercel), as well as any social platforms you choose to connect. Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services we do not control.

13. Confidentiality

Each party may receive confidential information of the other. Each party will protect the other’s confidential information using reasonable care and use it only to perform under these Terms, except where the information is public through no fault of the recipient, independently developed, or required to be disclosed by law.

14. Service availability and support

We aim to keep the Platform available and reliable, but unless a separate service-level agreement applies, the Platform is provided without any guarantee of uptime. Access may be interrupted for maintenance, updates, or factors beyond our reasonable control. Support is provided as described on the Platform or by contacting us.

15. Warranties and disclaimers

15.1 General

To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis, and we exclude all implied representations and warranties (including merchantability, fitness for a particular purpose, and non-infringement).

Nothing in these Terms excludes, restricts, or modifies your Non-excludable Rights under the ACL (see clause 16).

15.2 Calculations, estimates and figures

The Platform calculates, derives, and displays figures based on the information you and your Authorised Users enter and the settings you configure — for example invoice totals and GST or other tax amounts, payment schedules and stage splits, budgets, allowances and variances, cost estimates, cash-flow projections, reports, and the outputs of any calculators. These figures are working tools provided to support your business. They depend on the accuracy and completeness of the data entered, and they do not constitute professional, financial, tax, accounting, legal, or construction advice.

You are responsible for reviewing and cross-checking all figures the Platform calculates or generates before relying on or acting on them — including before issuing an invoice or payment claim, lodging any tax return or other statutory document, entering into or varying a contract, or making any financial decision — and for obtaining advice from your accountant or another qualified adviser where appropriate. To the maximum extent permitted by law, and subject to clause 16, we are not responsible for loss arising from your reliance on such figures without verification.

16. Limitation of liability

16.1 Non-excludable rights

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Competition and Consumer Act 2010 (Cth) (including the ACL) or any other law, where doing so would be unlawful ("Non-excludable Rights").

16.2 Limitation under the Australian Consumer Law

To the extent we are liable for failing to comply with a Non-excludable Right in connection with the supply of services (other than services of a kind ordinarily acquired for personal, domestic, or household use or consumption), and where the law allows us to limit that liability, our liability is limited — at our option — to re-supplying the affected services or paying the cost of having them re-supplied.

16.3 Exclusion of indirect loss

To the maximum extent permitted by law, and subject to clause 16.1, we are not liable for any indirect, incidental, special, or consequential loss or damage, or for any loss of profits, revenue, anticipated savings, goodwill, business opportunity, or data, however arising (whether in contract, tort (including negligence), under statute, or otherwise), even if foreseeable.

16.4 Aggregate liability cap

Subject to clause 16.1, and to the maximum extent permitted by law, our total aggregate liability for all claims arising out of or in connection with the Platform or these Terms (whether in contract, tort (including negligence), under statute, or otherwise) is limited to the lesser of:

• (a) the total Fees paid by you for the Platform in the six (6) months immediately before the event giving rise to the liability; and
• (b) the total amount actually paid by you to us for the Platform.

16.5 Your responsibilities

You are responsible for maintaining your own backups of critical data, keeping your credentials secure, and reviewing and verifying AI output and any figures the Platform calculates or generates before relying on them (see clauses 10 and 15.2).

17. Indemnity

To the maximum extent permitted by law, you indemnify us against any loss, liability, or cost we reasonably incur arising from: (a) Your Content; (b) your or your Authorised Users’ breach of these Terms or misuse of the Platform; or (c) your breach of any law or infringement of any third party’s rights.

18. Suspension and termination

• We may suspend or terminate your access for material or repeated breach of these Terms, non-payment, or where reasonably necessary for legal or security reasons. Where practicable we will give notice and an opportunity to remedy.
• You may terminate by cancelling your subscription (see clause 7).
• On termination, your right to use the Platform ends. You may export Your Content within thirty (30) days of termination, after which we may delete it, subject to our legal retention obligations and routine backup cycles.
• Clauses that by their nature should survive termination (including clauses 9, 11, 13, 16, 17, and 20) continue to apply.

19. Changes to the Platform and these Terms

We may modify the Platform and update these Terms from time to time. We will publish the updated Terms on this page and, where changes are material, take reasonable steps to notify you. Your continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

20. General

• Governing law: these Terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. The ACL and other applicable Commonwealth laws apply to your use of the Platform wherever in Australia you are located.
• Dispute resolution: before commencing proceedings (except for urgent relief), the parties will attempt to resolve any dispute in good faith.
• Notices: we may send notices to your account email; you may contact us at the address in clause 21.
• Assignment: you may not assign these Terms without our consent; we may assign them (for example, as part of a business transfer).
• Entire agreement, severability, and waiver: these Terms are the entire agreement between the parties; if a provision is unenforceable it is severed without affecting the rest; a failure to enforce a right is not a waiver.
• Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control.
• Relationship: nothing in these Terms creates a partnership, agency, or employment relationship.

21. Contact us

Trinity Analysts Pty Ltd (ABN 84 654 694 890)

Legal — legal@builderview.com.au

Sydney NSW 2000, Australia