Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the Build It Proof platform, website, mobile apps, and related services (the “Platform”), provided by Build It Proof (“Build It Proof”, “we”, “us”, “our”). By creating an account, accessing, or using the Platform, you agree to these Terms and to our Privacy Policy. If you are using the Platform on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation.
If you do not agree to these Terms, do not use the Platform.
1. The service
1.1 Build It Proof provides software that helps building and construction professionals generate, manage, and store compliance documentation, records, and related content.
1.2 We may add, change, suspend, or remove features at any time. We will give reasonable notice of material adverse changes where practicable.
1.3 The Platform is a tool. You remain solely responsible for the accuracy, completeness, and regulatory compliance of any document, record, or output you create, submit, rely on, or provide to third parties. AI-assisted and template outputs are drafting aids only and are not professional, legal, engineering, or building-code advice.
1.4 EXPERIMENTAL SERVICE — USE AT YOUR OWN RISK. The Platform is provided on an experimental, evolving, and “best-efforts” basis. Features may change, break, or be withdrawn, and data may be lost, corrupted, deleted, or exposed. You use the Platform entirely at your own risk. You should keep your own independent copies and backups of anything important and must not rely on the Platform as your sole record. By using the Platform you accept these risks. This clause is subject to clause 12 (Australian Consumer Law).
2. Accounts and eligibility
2.1 You must be at least 18 and able to form a binding contract.
2.2 You are responsible for your account credentials and for all activity under your account. Notify us immediately of any unauthorised use.
2.3 You must provide accurate account and billing information and keep it up to date.
3. Subscriptions, fees, and billing
3.1 Paid plans, usage-based charges, and any “pay-as-you-go” or metered features are billed as described at checkout or in your order. Prices are in AUD and exclusive of GST unless stated.
3.2 Subscriptions renew automatically for successive terms unless cancelled before the renewal date. You authorise us (and our payment processor) to charge your payment method for all fees.
3.3 Except where required by law (see clause 12), fees are non-refundable and there are no refunds or credits for partial periods, downgrades, or unused features.
3.4 We may change pricing on reasonable notice; changes take effect at your next renewal.
4. Your content and the licence you grant us
4.1 “Your Content” means any data, documents, images, text, project information, and other material you or your users upload, submit, or generate through the Platform.
4.2 You keep ownership of Your Content. We do not claim ownership of it.
4.3 Licence to us. You grant Build It Proof a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, copy, reproduce, modify, adapt, create derivative works from, publish (as directed by you), display, and otherwise use Your Content for the purposes of: (a) operating, providing, securing, and supporting the Platform; (b) developing, testing, and improving our products, features, and models; and (c) creating de-identified and/or aggregated data and insights. This licence continues for as long as needed to provide the service and, for de-identified/aggregated data, on an ongoing basis.
4.4 Improving the Platform. We may use Your Content and usage data to analyse, train, fine-tune, and improve our features, templates, and machine-learning systems. Where we use content to improve models or produce insights that we make available to others, we will use de-identified and/or aggregated data so that it does not identify you, your organisation, or any individual, except with your consent or as otherwise permitted by law.
4.5 Feedback. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or compensation.
5. Your responsibilities and warranties for content
5.1 You represent and warrant that, for all of Your Content: (a) you own it or have all rights, licences, consents, and permissions needed to upload it and to grant the licence in clause 4; (b) it does not infringe any third party’s intellectual property, privacy, confidentiality, moral, or other rights; (c) you have obtained any consents required (including from individuals whose personal information is included) for us to process it as described in these Terms and the Privacy Policy; and (d) it is not unlawful, defamatory, or otherwise in breach of clause 6.
5.2 You are responsible for Your Content and for third-party material you introduce to the Platform. Build It Proof does not pre-screen Your Content and is not responsible for it.
6. Acceptable use
You must not, and must not permit anyone to:
- upload content you do not have the right to upload, or that infringes or misappropriates any third party’s rights;
- use the Platform to break the law or to create false, misleading, or fraudulent records;
- probe, scan, or breach security; interfere with or disrupt the Platform; introduce malware;
- reverse engineer, scrape, or copy the Platform except as permitted by law;
- resell or provide the Platform to third parties except as expressly allowed by your plan; or
- use the Platform to build a competing product or to train a competing model.
We may investigate and take action (including suspension or removal of content or accounts) for suspected breaches.
7. Copyright and infringement notices (takedown)
7.1 We respect intellectual property rights and expect our users to do the same.
7.2 If you believe content on the Platform infringes your copyright or other rights, send a notice to legal@builditproof.com with: the material and its location; identification of the right infringed; your contact details; and a statement that you have a good-faith belief the use is not authorised. We may remove or disable access to the material and, where appropriate, terminate repeat infringers.
7.3 We will pass valid notices to the relevant user where appropriate. Nothing in these Terms requires us to monitor content, and we are not liable for user content to the extent permitted by law.
8. Our intellectual property
The Platform, including all software, templates, designs, text, and branding (excluding Your Content), is owned by Build It Proof or our licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform in accordance with these Terms. All rights not expressly granted are reserved.
9. Third-party services
The Platform may integrate with third-party services (e.g. payment, cloud, AI providers). Your use of those services is governed by their terms, and we are not responsible for them.
10. Confidentiality and security
We implement reasonable technical and organisational measures to protect the Platform and Your Content, but no system is perfectly secure. You are responsible for maintaining your own backups where your records are business-critical.
11. Suspension and termination
11.1 You may cancel at any time through your account; cancellation takes effect at the end of the current billing period.
11.2 We may suspend or terminate your access immediately if you breach these Terms, fail to pay, or create risk or legal exposure for us or others.
11.3 On termination, your right to use the Platform ends. We may delete Your Content after a reasonable retention period, except for de-identified/aggregated data and any records we must keep by law. Export your data before cancelling.
12. Australian Consumer Law
12.1 Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy you have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded (“Non-Excludable Rights”).
12.2 To the extent we are permitted to limit our liability for a breach of a Non-Excludable Right, our liability is limited (at our option) to re-supplying the service or paying the cost of re-supply.
13. Disclaimers
13.1 Except for Non-Excludable Rights, the Platform is provided “as is” and “as available”, without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, or non-infringement.
13.2 We do not warrant that the Platform will be uninterrupted, error-free, or that outputs (including AI-generated or template outputs) will be accurate, complete, or fit for regulatory or contractual purposes. You must independently verify all outputs.
13.3 No responsibility for data loss or security incidents. To the maximum extent permitted by law (and subject to clause 12), we take no responsibility and accept no liability for any loss, deletion, corruption, unavailability, unauthorised access to, or disclosure or “leak” of Your Content or any data, whether caused by system failure, error, security incident, third-party service, or otherwise. We will use reasonable efforts to protect data (clause 10), but the Platform is experimental (clause 1.4) and such events can occur. You are responsible for maintaining your own backups.
13.4 No responsibility for third-party rights. To the maximum extent permitted by law, we accept no liability for any infringement or misappropriation of any third party’s intellectual property, privacy, confidentiality, or other rights arising from Your Content or from your use of the Platform. As between you and us, that responsibility rests with you (see clauses 5 and 15).
14. Limitation of liability
14.1 Subject to clause 12, to the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive loss, or loss of profit, revenue, goodwill, data, or anticipated savings; and (b) our total aggregate liability arising out of or in connection with the Platform and these Terms is limited to the fees you paid us in the 3 months before the event giving rise to the liability.
14.2 These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose.
15. Indemnity
You will indemnify and hold harmless Build It Proof and its officers, employees, and contractors from and against any claim, liability, loss, damage, cost, or expense (including reasonable legal costs) arising out of or in connection with: (a) Your Content; (b) your breach of these Terms or of any law; (c) your infringement or misappropriation of any third party’s rights; or (d) your use of the Platform. This includes third-party intellectual property, privacy, and confidentiality claims relating to Your Content.
16. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, for material changes, give reasonable notice (e.g. by email or in-app). Continued use after changes take effect means you accept them.
17. General
17.1 Governing law. These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.
17.2 Assignment. You may not assign these Terms without our consent; we may assign them (e.g. in a sale of business).
17.3 Entire agreement. These Terms and the Privacy Policy are the entire agreement between us on this subject.
17.4 Severability. If any provision is unenforceable, the rest remains in effect.
17.5 No waiver. A failure to enforce a provision is not a waiver.
17.6 Contact. Questions? Email legal@builditproof.com or write to us: Postal address available on request.