Terms of Service
Document version: `terms-v1.1`
These Terms of Service ("Terms") govern your access to and use of the BuildManager.Cloud platform (the "Service"), provided by BuildManager.Cloud Pty Ltd (ACN 702 052 202) ("BuildManager", "we", "us", "our"). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a business, you confirm you are authorised to bind that business.
> This is the single Terms of Service for BuildManager. It supersedes every earlier version, including the separate in-app text and the `BuildManager-Terms-v0.2/v0.3` drafts. The same document is served on the website and inside the application.
1. The Service
BuildManager provides a cloud-based construction project management platform, including job, cost centre, quoting, scheduling, site diary, directory and document-management features, subcontractor compliance collection, and AI-assisted features that read uploaded documents and photos and that help draft text. We may add, change or remove features over time. The Service is provided on an evolving basis and parts of it may be offered as a preview.
2. Accounts, tenants and team members
When you sign up, a workspace ("tenant") is created for your organisation. The account owner is responsible for: the accuracy of registration details; maintaining the confidentiality of login credentials; the activities of all users they invite; and ensuring their users comply with these Terms. You must notify us promptly of any unauthorised access. You must be at least 18 years old and authorised to enter into a binding contract to hold an account.
3. Accepting these Terms
You must accept these Terms before using the Service, by confirming that you have read and agree to them when you create your account. Acceptance is given electronically and is effective under the Electronic Transactions (Queensland) Act 2001.
We record, and retain as evidence of your acceptance: the version of these Terms accepted, the date and time (UTC), and the account and business that accepted them. We maintain an archive of superseded versions and do not overwrite them; the version in force for your account is available within the Service and at buildmanager.cloud/terms.html.
4. Subscriptions, trials and fees
Access is offered on a free trial and on subscription plans. The free trial runs for three (3) months and includes up to three (3) active jobs and five (5) users — two (2) office users and three (3) build team users; no credit card is required to start. The features and limits of each plan — including limits on active jobs, users and storage — are those described on our pricing page or within the Service at the time of purchase.
Seats are counted separately for office users (owner and management roles, who have full access) and build team users (site users, whose access is limited to the site board, diary, tasks, photos and defects). Reaching one limit does not affect the other.
Paid plans (Starter, Pro and Enterprise), when launched, will be billed in advance on a monthly or annual basis. All prices are in Australian dollars (AUD) and include GST where applicable, except the Rate Library add-on, which is priced plus GST. Fees are payable in advance and non-refundable except as required by law. You may cancel at any time from within your account; cancellation takes effect at the end of the current billing period. If your usage exceeds your plan's limits — including after a downgrade — we will not delete your data; content in excess of the limits may become read-only until you upgrade or reduce usage. We may change plans, limits or pricing on reasonable notice, and not during a period you have already paid for. If a material price increase will take effect at your next renewal, you may cancel before it takes effect without penalty.
5. Your data
As between you and us, you own the data you enter and upload ("Customer Data"). You grant us a non-exclusive licence to host, process, transmit and display Customer Data solely to provide and support the Service. You are responsible for ensuring you have the right to provide any data you enter, including the details of directory contacts and any documents you upload, for having any consents required from those individuals, and for their documents being processed as described in these Terms and our Privacy Policy (including the automated processing in clause 6). You remain responsible for the accuracy of figures, the validity of variations, the timing of payment claims, and any other business decisions made using the Service.
6. Automated features and artificial intelligence
The Service includes AI-assisted features that (a) read uploaded documents and photos — such as insurance certificates, licences, White Cards and site diaries — to extract details and reduce manual data entry, and (b) help draft text such as messages, quote terms and notes.
You acknowledge and agree that:
- AI output can be inaccurate or incomplete. Extracted details and drafted text are provided for your review as a starting point. You are responsible for checking them for accuracy and suitability before relying on them, saving them, or sending them to anyone.
- No professional advice. AI output is not legal, financial, insurance, safety or compliance advice, and must not be relied on as such.
- Human decision-making. The Service does not use automated output to make a legal or similarly significant decision about any individual without human involvement.
- Processing. To provide these features we disclose the relevant document, photo or context to a trusted AI service provider that does not train on your data, as described in our Privacy Policy. By uploading a document you confirm you are entitled to have it processed this way.
7. Rate Library and pricing data — indicative only
The Rate Library is an optional set of pre-populated Gold Coast (Queensland) indicative supplier, material and labour rates. It is included with Enterprise plans and available as a one-time add-on, priced plus GST, on Starter and Pro. During a free trial it is available in preview only.
These rates are a starting point, not a quote. They are not supplier quotations, current-price guarantees, quantity-surveyor estimates, or project-specific construction or estimating advice.
Indicative rates do not, and cannot, account for: labour productivity and availability; site access, ground and weather conditions; project complexity, staging and programme; waste, transport and disposal; regional differences; material availability and lead times; individual supplier price movements and discounts; GST treatment; subcontractor pricing and margins; market fluctuation, inflation and escalation; or your overheads, margin, contingencies and provisional sums.
It is always your responsibility to review, personalise, update and independently verify every rate, price and quantity — by obtaining current supplier quotations and your own estimates — before using them in any quote, tender, contract, budget, purchase order or other decision. We do not maintain, refresh or warrant the rates.
To the maximum extent permitted by law, the Rate Library is provided "as is" without warranty of accuracy, currency, completeness or fitness for any purpose, and we are not liable for any loss, cost, under-quote, over-quote or damage arising from your use of, or reliance on, it. Your rights under the Australian Consumer Law are not affected. The Rate Library is our intellectual property; your licence is limited to use within the Service for your own business, and you must not extract, copy, redistribute, resell or export it.
8. Software, not professional advice
The Service is a software tool. Neither the Service nor any content within it constitutes professional advice of any kind, including building design, engineering, quantity surveying, estimating, construction methodology, compliance certification, National Construction Code (NCC), QBCC, waterproofing, structural, or work health and safety advice, nor legal, financial or tax advice.
You are responsible for obtaining your own professional advice and for your own regulatory compliance, including licensing, insurance and tax obligations.
9. Acceptable use
You must not: use the Service unlawfully; upload malicious code; attempt to breach security or access another tenant's data; reverse engineer or resell the Service except as permitted; scrape or systematically extract data from the Service; share a single login among multiple people or otherwise exceed the seat limits of your plan; or use the Service to store unlawful content. We may suspend access where we reasonably believe these Terms have been breached or to protect the Service or other users.
10. Confidentiality and security
We apply reasonable technical and organisational measures, including tenant isolation and access controls, to protect Customer Data. Our handling of personal information is described in our Privacy Policy.
11. Availability, backups and data loss
We aim to provide a reliable Service but do not guarantee uninterrupted or error-free availability. We may perform maintenance, and may need to suspend the Service temporarily. We are not liable for unavailability caused by factors outside our reasonable control. We do not currently offer a service-level (uptime) guarantee.
We take commercially reasonable measures to back up Customer Data. Following an event affecting the Service we will use reasonable efforts to restore it where feasible, aiming for within approximately five (5) business days. This is a target, not a guarantee. We do not warrant that any or all Customer Data can be restored following a loss or corruption event, and some or total data loss may occur. You are responsible for keeping your own separate, current copies of any Customer Data that is critical to you.
12. Intellectual property
The Service, including its software, design and content (excluding Customer Data), is owned by BuildManager or its licensors. These Terms do not transfer any ownership in the Service to you. If you give us feedback or feature suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Service.
13. Third-party integrations
The Service integrates with third-party services such as Xero, and relies on sub-processors described in our Privacy Policy. Your use of connected third-party services is governed by their own terms. We are not responsible for the availability, accuracy or behaviour of third-party services, and we are not liable for any loss arising from their use.
14. Warranties and Australian Consumer Law
To the maximum extent permitted by law, the Service is provided "as is" and we exclude implied warranties. **Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded.** Where our liability for a failure to comply with a consumer guarantee can be limited, it is limited (at our option) to re-supplying the relevant service or paying the cost of re-supply.
15. Limitation of liability
Subject to clause 14, to the maximum extent permitted by law, neither party is liable for indirect or consequential loss, loss of profits, or loss of data, and our total aggregate liability arising out of or in connection with the Service is limited to the fees paid by you for the Service in the 12 months before the relevant claim.
Without limiting that clause, we are not liable for: the accuracy of Customer Data; any decision you make based on estimates, rates or Rate Library data; third-party supplier pricing; or business, quoting, pricing or purchasing decisions made using the Service.
16. Indemnity
You agree to indemnify us against any third-party claim, loss, damage or expense to the extent arising out of: (a) your use of the Service in breach of these Terms or in breach of any applicable law; or (b) Customer Data you upload infringing a third party's rights.
This indemnity is subject to us promptly notifying you of the claim, allowing you to control its defence and settlement (provided no settlement admits fault or imposes obligations on us without our consent), and taking reasonable steps to mitigate. It does not apply to the extent a claim arises from our own act or omission.
17. Unfair contract terms
We intend these Terms to be a fair, balanced standard-form contract, drafted to be reasonably necessary to protect our legitimate interests, including our intellectual property, the security of the Service and the integrity of other customers' data. If any term would be an unfair term under the unfair contract terms provisions of the Australian Consumer Law, it is to be read down or severed to the minimum extent necessary, and the remainder continues to apply.
18. Termination and data export
You may stop using the Service and close your account at any time. We may suspend or terminate access for breach of these Terms, or on reasonable notice. For an ordinary material breach we will give notice and fourteen (14) days to remedy before suspending or terminating, except where immediate suspension is necessary to address a security threat, unlawful use or a risk to our infrastructure.
For thirty (30) days after termination or expiry you may export your Customer Data in CSV or spreadsheet format. During that period the account may be read-only. After that period we may delete Customer Data from active systems; residual copies in routine backups are removed on our ordinary backup-rotation cycle, and we may retain data where required by law.
Provisions that by their nature should survive termination (including intellectual property, liability, indemnity and governing law) will so survive.
19. Changes to these Terms
We may update these Terms from time to time. The current version will be available within the Service and at buildmanager.cloud/terms.html, and we will notify material changes by reasonable means. Where a material change is to your detriment, you may cancel before it takes effect. Continued use after changes take effect constitutes acceptance, and the new version is recorded against your account under clause 3.
20. Governing law
These Terms are governed by the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.
21. Contact us
BuildManager.Cloud Pty Ltd — ACN 702 052 202
Email: hello@buildmanager.cloud
Location: Gold Coast, Queensland, Australia