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Terms of Service

Last updated: 19 October 2026 · Effective: 19 October 2026 · Version: terms-v1.4

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 We maintain an archive of superseded versions and do not overwrite them; the version in force for your account is available within the Service and at buildmanager.cloud/terms.html.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) are 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. A limited number of founding memberships are offered on the discounted terms set out in Schedule 1, which forms part of these Terms.

5. Your data

As between you and us, you own the data you enter and upload ("Customer Data").

You grant us a non-exclusive, worldwide licence to host, store, reproduce, transmit, display, back up, modify as technically necessary, and otherwise process Customer Data to the extent reasonably necessary to provide, maintain, secure, support and improve the Service; perform functions you or your authorised users request; operate integrations you enable; prevent fraud and misuse; comply with law; and enforce these Terms. We may use aggregated or de-identified information to analyse and improve the Service.

This licence does not transfer ownership of Customer Data to us and does not authorise us to sell Customer Data or use identifiable Customer Data for unrelated advertising. We may disclose Customer Data to service providers and subprocessors only as reasonably necessary for the purposes described in these Terms and our Privacy Policy, subject to applicable law and our disclosed provider arrangements.

You are responsible for ensuring that you have the rights, authority and any consents or notices required to provide Customer Data to us and to authorise the processing described in these Terms and our Privacy Policy. This includes personal information and documents relating to your employees, subcontractors, suppliers, clients and other contacts. You must not upload information that you are not authorised to provide.

You remain responsible for the accuracy and suitability of your business records and decisions, including figures, variations, payment claims and project records. This does not exclude or limit any obligation or liability that cannot lawfully be excluded or limited.

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-assisted features may send the relevant document, image, text or other context to the AI provider identified in our Privacy Policy. The information sent will depend on the feature you choose to use. You should not submit personal information or confidential material unless you are authorised to do so and the use is appropriate for that feature. We configure and select providers for the disclosed purposes, but AI output may be inaccurate, incomplete or unsuitable. You must independently review output before relying on it or sharing it. Nothing in this clause excludes any obligation that cannot lawfully be excluded.

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 make the Service available and reliable, but do not guarantee uninterrupted or error-free operation. The Service may be unavailable or limited because of maintenance, upgrades, security measures, third-party services or events outside our reasonable control. We do not currently offer a contractual uptime service level.

We maintain backups and recovery procedures intended to help restore Customer Data after certain incidents. Backup frequency, recovery capability and restoration time depend on the systems and circumstances involved. Unless we expressly agree otherwise in writing, we do not guarantee that every item of Customer Data can be restored or that restoration will be completed within a particular period. Our current operational restoration target is 5 days. A target is an objective, not a guarantee.

You should maintain separate copies of records that are critical to your business and should not treat the Service as your only archive. If we become aware of an incident that materially affects the availability, integrity or confidentiality of your Customer Data, we will take reasonable steps to investigate, contain and remediate it and notify affected customers where required by law or where we reasonably consider notification appropriate.

Nothing in this clause excludes or limits any right or remedy that cannot lawfully be excluded or limited.

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. Third-party services are governed by their own terms and privacy practices. We are not responsible for a third-party service to the extent a failure is outside our reasonable control. However, this clause does not exclude or limit liability for our own acts or omissions, our express commitments concerning an integration, or any liability that cannot lawfully be excluded or limited.

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 or any other law to the extent that it cannot lawfully be excluded, restricted or modified. Where the law permits us to limit a remedy for a failure to comply with a consumer guarantee, the limitation in these Terms applies only to the extent and in the manner permitted by law. 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

Nothing in these Terms excludes, restricts or modifies a right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified.

Subject to that rule and clause 14, neither party is liable to the other for indirect or consequential loss, or loss of profits, revenue, business opportunity or goodwill, to the extent that such loss may lawfully be excluded. This exclusion does not apply to the extent the loss is directly caused by fraud, wilful misconduct, or a liability that cannot lawfully be excluded.

Subject to the preceding paragraphs, and to the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Service or these Terms is limited to the total fees paid or payable by the relevant customer to BuildManager for the Service during the 12 months immediately before the event giving rise to the claim.

The liability cap does not apply to a liability that cannot lawfully be capped. The cap and exclusions in this clause apply only to the extent they are reasonable and enforceable in the circumstances and do not remove any non-excludable statutory rights.

We are not responsible for the accuracy of Customer Data or for business decisions made by you using that data. We do not warrant the accuracy or currency of indicative Rate Library data, subject to clause 7 and any rights that cannot lawfully be excluded. Nothing in this clause excuses our own breach of these Terms or an express commitment we have made about the Service.

16. Indemnity

You indemnify BuildManager against a third-party claim and reasonable, properly incurred loss, liability and expense (including reasonable legal costs) to the extent directly arising from:

This indemnity does not apply to the extent a claim is caused or contributed to by BuildManager's breach of these Terms, negligence, wilful misconduct or unlawful act. We will give you prompt written notice of a claim (to the extent practicable), provide reasonable cooperation at your cost, and allow you to control the defence and settlement, provided you do not settle a claim in a way that admits liability on behalf of BuildManager or imposes an obligation on BuildManager without our prior written consent. We will not unreasonably withhold or delay that consent. Each party must take reasonable steps to mitigate its loss.

This clause does not require you to indemnify us for loss to the extent such an obligation would be unlawful or unenforceable.

17. Standard-form contracts and unfair contract terms

We intend these Terms to be clear and proportionate and to protect legitimate interests, including the security and integrity of the Service, Customer Data and our intellectual property. The application of any term depends on the law and the circumstances. Nothing in these Terms validates a term that is unfair or otherwise unenforceable. If a court determines that a term is void or unenforceable, the remainder of these Terms continues to apply to the extent it can operate independently.

18. Termination and data export

You may cancel a subscription or close your account using the cancellation controls provided in the Service, or by contacting us at hello@buildmanager.cloud if those controls are unavailable. Unless the checkout or plan terms state otherwise, cancellation of a paid subscription takes effect at the end of the current paid billing period. Any refund is subject to clause 4 and applicable law.

We may suspend or terminate access for a material breach of these Terms. Where reasonably practicable, we will give you notice describing the breach and 14 days to remedy it. We may suspend access immediately where reasonably necessary to address a security threat, suspected unlawful use, material risk to another customer, or a risk to the Service or its infrastructure. We will limit a suspension to what is reasonably necessary and, where practicable, tell you the reason and steps required to restore access.

We may terminate the Service or your account for a reason other than breach by giving reasonable advance notice, except where immediate action is reasonably necessary for legal, security or operational reasons. Where we discontinue a paid Service, we will provide any refund required by law and reasonable access to export Customer Data, subject to applicable law and technical feasibility.

For 30 days after termination or expiry of the account, you may request an export of available Customer Data in the format supported. During this period, access may be read-only. If an export facility is unavailable, contact hello@buildmanager.cloud and we will take reasonable steps to assist with an export of available data, subject to reasonable technical and security constraints.

After the export period, we may delete Customer Data from active systems, subject to legal retention requirements, dispute preservation and reasonable technical requirements. Residual copies in routine backups may remain until overwritten or deleted in the ordinary backup-rotation cycle. We will continue to protect retained information in accordance with applicable law and our Privacy Policy.

We may retain records where required by law or reasonably necessary to establish, exercise or defend legal claims, prevent fraud or maintain security. Any retained personal information will remain subject to applicable privacy obligations.

Provisions that by their nature should survive termination, including intellectual property, accrued payment obligations, liability, indemnity and governing law, survive termination.

19. Changes to these Terms

We may update these Terms to reflect changes to the Service, our operations, legal requirements or risk management. We will publish the current version within the Service and at buildmanager.cloud/terms.html and give reasonable notice of material changes by email, in-product notice or another reasonable method.

A change will take effect on the date stated in the notice. We will not apply a material adverse change retrospectively to a period already paid for. If a material change materially disadvantages you, you may cancel your subscription before the change takes effect, subject to any rights you have under law.

Where a change requires fresh acceptance by law or is material to the basis on which the Service is provided, we will request acceptance before you continue using the affected feature or Service. For other changes, continued use after the effective date may constitute acceptance to the extent permitted by law. We will record the applicable version and acceptance where acceptance is requested.

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

Schedule 1 — Founding Builder membership

This Schedule applies only to a tenant that we have accepted as a Founding Builder. It forms part of these Terms. If anything in this Schedule conflicts with clause 4, this Schedule prevails for a Founding Builder.

1. Limited number. Founding Builder places are limited to ten eligible tenants. An application is accepted when the tenant has accepted these Terms and Schedule 1, completed the required application details, and the Service confirms that a place is available. Once accepted, the tenant's Founding Builder status is subject to the conditions in this Schedule.

2. The discount. A Founding Builder receives:

For a tenant that is already on a paid subscription when it is accepted as a Founding Builder, the twelve months start on its first payment after acceptance.

The discount applies to the plan fee only. It does not apply to add-ons or other one-off charges, except where we offer a Founding Builder a specific add-on bundle.

3. Failed payments, cancellation and the place.

(a) Failed payment — 14 days to reinstate. If a Founding Builder's subscription lapses because a payment fails, or because of an administrative error on our part, the tenant may reinstate it by paying the overdue amount, or by asking us to reinstate it, within fourteen (14) days after the lapse. A subscription reinstated within that period is treated as continuously active for this Schedule, and the discount and the place are kept.

(b) Cancellation, or no reinstatement within 14 days. If a Founding Builder cancels its subscription, or a lapse under (a) is not reinstated within fourteen days, the discount ends. The place is not returned to the pool of ten, and the tenant is not entitled to rejoin at Founding Builder pricing.

(c) Other promotions. We may offer other promotional pricing to any customer. Any such promotion is separate from Founding Builder membership and does not increase the number of Founding Builder places.

4. Not transferable. Founding Builder status attaches to the tenant we accepted. It cannot be sold, assigned or moved to another tenant, business or entity, including on a sale of the business, without our written agreement.

5. Changes to pricing. The discount is a percentage of the plan fee in force at the time. If we change our prices under clause 4, the percentage continues to apply to the new price; it does not fix a dollar amount. Clause 4's protections still apply — we will not change the price during a period you have already paid for, and you may cancel without penalty before a material increase takes effect at your next renewal.

6. Ending the offer. We may withdraw the Founding Builder offer for new applicants at any time. Withdrawal does not affect a tenant already accepted, whose discount continues under paragraph 2 for as long as the subscription remains continuously active.

7. Offer presentation and eligibility. Founding Builder pricing is available only where BuildManager has confirmed by email that the relevant tenant has been accepted into the offer. Creating an ordinary account, starting a free trial or viewing promotional material does not by itself reserve a Founding Builder place. Before accepting, the customer will be shown the applicable plan, discount, duration, billing frequency and any exclusions.