Terms of Service

• Service — the Construct-it software-as-a-service platform at construct-it.au and its mobile apps, with any updates and new features we make generally available.
• Order — the plan (Start / Pro / Premium), billing cycle (monthly or annual), user count and price you select at sign-up or agree in a signed order form.
• Customer Data — data, documents and content you or your authorised users submit to or generate in the Service (e.g. projects, progress claims, variations, retention data, schedules, timesheets, drawings, photos, supplier and sub-contractor details, employee data, and data received from systems you connect such as Xero).
• Authorised Users — your personnel whom you permit to access the Service under your account.
• Fees — the subscription and other charges for your Order.
• ACL — the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

Subject to this Agreement and payment of the Fees, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for your internal business purposes during your subscription, within your plan's limits (e.g. users, active projects, features).

You are responsible for your Authorised Users' use of the Service and for all activity under your account, including keeping login credentials secure, and must notify us promptly of any unauthorised access. We may improve, change, add to or discontinue features from time to time, but will not materially reduce the core functionality of a paid plan during a period you have already paid for without giving you reasonable prior notice.

You must not, and must not permit any person to:

• resell, rent, sublicense or commercially exploit the Service except as expressly permitted;
• copy, modify, reverse-engineer, decompile or attempt to derive source code, except to the extent this restriction is prohibited by law;
• upload or transmit unlawful, infringing, misleading, malicious or harmful content, or content you do not have the right to process;
• attempt to gain unauthorised access to the Service, another tenant's data, or our systems, or interfere with, overload, scrape or circumvent security or access controls;
• use the Service to build a competing product, or to benchmark it for a competitor; or
• exceed your plan's limits by artificial or automated means.

New accounts include a 14-day free trial, with no credit card required to start. During the trial the Service is provided free of charge and “as is” (see clause 11). Your subscription does not begin charging unless you add a payment method and select a paid plan; if you do not, your account is paused and access to paid features stops. We may change, limit or withdraw trial availability at any time, and may limit trials to one per customer.

Current plans are Start, Pro and Premium, on a monthly or annual billing cycle. The Fees are those shown at checkout (or in your Order) when you subscribe. Annual plans are billed in advance for the year; monthly plans in advance for the month.

Auto-renewal. Paid subscriptions renew automatically for successive periods equal to your billing cycle, at the then-current Fees, until cancelled under clause 6. By subscribing you authorise recurring charges to your payment method for each renewal until you cancel.

Payment processor. Payments are processed by Stripe. We do not store your full card details. You must keep a valid payment method on file and authorise us (via Stripe) to charge it for all Fees when due. If a charge fails we may retry it and may suspend or downgrade access until payment succeeds.

Founding Member offer. If you subscribe under our Founding Member promotion, a 50% discount applies for your first 3 billing months, subject to the promotion's terms and its cap on participants. After the discount period the subscription renews at the standard Fees for your plan and cycle. The offer is limited, may be withdrawn at any time, and cannot be combined with other offers unless we say so.

Price changes. We may change the Fees. A change to the Fees for your plan takes effect on your next renewal after at least 30 days' notice (by email and/or in-app). If you do not accept a price change you may cancel before it takes effect; continuing to use the Service after the effective date is acceptance.

GST. Unless stated otherwise, Fees are expressed exclusive of GST. Where GST applies, you must pay an amount equal to the GST in addition to the Fees, and we will issue a tax invoice that meets Australian requirements. To have your ABN and business name shown on your tax invoice, enter them at checkout or in your billing settings. Fees are otherwise exclusive of any taxes, duties or levies, which are your responsibility where applicable.

You may cancel at any time from Control Panel → Billing. Cancellation takes effect at the end of your current paid period — you keep access until then and are not charged again. Except as required by law (including the ACL — see clause 11) or as expressly stated in our Refund & Cancellation Policy:

• monthly Fees are not refundable for partial months; and
• annual Fees are refundable on a pro-rata basis if you request a refund within 30 days of the annual payment (we refund the unused portion, in AUD, to your original payment method); after 30 days the annual Fee is not refundable for the unused portion, but access continues to the end of the paid year.

If we charge you incorrectly (wrong amount, duplicate, or after cancellation), tell us and we will correct it and refund any difference. All charges and refunds are in Australian dollars (AUD). Nothing in this clause limits your non-excludable rights under the ACL.

You own your Customer Data. You grant us a non-exclusive licence to host, store, copy, process, transmit and display it only as needed to provide, secure, support and improve the Service and to meet our legal obligations. For personal information you submit about your own personnel, clients and contacts, you are the entity that decides how it is handled and we act on your behalf; you warrant you have the right and any necessary consents to provide it to us.

We handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and our Privacy Policy, which forms part of this Agreement. We use reputable sub-processors to operate the Service; some process data outside Australia (primarily the United States), a cross-border disclosure under Australian Privacy Principle 8 for which we take reasonable steps consistent with the APPs.

We apply reasonable technical and organisational measures, including tenant isolation (row-level security), encryption of data in transit, and encryption of connected-system tokens at rest. No method of transmission or storage is completely secure and we do not warrant absolute security. We will notify you and act as required by the Notifiable Data Breaches scheme if an eligible data breach affecting your Customer Data occurs.

Xero and connected systems. Where you connect Xero or another system, you authorise us to access it as described in-app. Our Xero access is read-only by default; we create records (e.g. ACCREC invoices) in your Xero organisation only when you explicitly confirm each action, and we do not modify or delete existing records in your connected systems except as you direct.

We may suspend all or part of your access where reasonably necessary because of: non-payment or a failed payment not cured; a genuine security risk; suspected breach of clause 3; or a legal or regulatory requirement. Where practicable we will give notice and an opportunity to fix the issue, and will restore access once the cause is resolved. Suspension does not relieve you of accrued Fees.

This Agreement starts when you first accept it or sign up and continues for your chosen billing cycle, then auto-renews for successive like periods until terminated. You may cancel renewal at any time under clause 6 (effective at the end of the current paid period).

We may terminate or suspend this Agreement:

• on 30 days' notice for convenience (in which case we will refund any prepaid, unused Fees on a pro-rata basis);
• immediately if you materially breach this Agreement and do not remedy it within 14 days of our notice (or immediately for a breach that cannot be remedied); or
• immediately for non-payment or for misuse under clause 3.

On termination or expiry your right to access the Service ends and any accrued Fees remain payable. Clauses that by their nature should survive (including 3, 5, 6, 7, 10, 11, 12, 13, 14 and 15) survive termination.

When you cancel, you can export your Customer Data yourself for 30 days after cancellation. After that export window, your account and project data are permanently deleted 60 days after cancellation — except that accounting and audit records (for example progress claims and invoice references) are retained for 7 years as required by Australian tax law, and data may persist in encrypted backups until it is purged in the ordinary backup cycle. You are responsible for exporting your Customer Data within the 30-day window.

We warrant that we will provide the Service with due care and skill. Our supplies may come with consumer guarantees under the ACL that cannot be excluded, restricted or modified. Nothing in this Agreement excludes, restricts or modifies any such guarantee, right or remedy. Where we are entitled under the ACL to limit our liability for failure to comply with a consumer guarantee (other than one under sections 51–53 of the ACL), our liability is limited, at our option, to re-supplying the Service or paying the cost of having it re-supplied.

Except as set out above and to the extent permitted by law, the Service is provided “as is” and “as available”, and we exclude all other representations, warranties and conditions, express or implied (including as to merchantability, fitness for a particular purpose, uninterrupted or error-free operation, or that outputs — such as retention or claim calculations, AI-parsed data, or statutory notice text — are accurate, complete or fit for your purpose).

Your responsibility for outputs. The Service assists you but does not provide legal, accounting, tax or professional advice. You are responsible for checking and signing off all figures, claims, variations, notices and other outputs (including Security of Payment / BIF Act notice text and AI-parsed data) before you rely on or issue them.

Availability. We aim for high availability (target 99.5% monthly uptime) but do not guarantee uninterrupted or error-free service, and are not responsible for outages caused by third-party providers (e.g. Vercel, Supabase, Stripe, Xero) or events beyond our reasonable control.

This clause is subject to the non-excludable consumer guarantees in clause 11 and does not limit liability that cannot lawfully be limited. To the extent permitted by law, neither party is liable to the other for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, anticipated savings, goodwill, or data or its cost of recovery, however arising.

To the extent permitted by law, our total aggregate liability arising out of or in connection with this Agreement or the Service — whether in contract, tort (including negligence), under statute or otherwise — is limited to the total Fees you paid to us in the 12 months immediately before the event giving rise to the liability. Each party must take reasonable steps to mitigate its loss.

You indemnify us against loss, liability and reasonable costs we suffer arising from a third-party claim to the extent caused by: your Customer Data or your use of it; your breach of clause 3 (acceptable use); or your infringement of a third party's rights. The indemnity is reduced to the extent our own negligence or breach caused the loss, and is subject to us notifying you of the claim, letting you control the defence (with our reasonable cooperation, at your cost), and not settling in a way that admits our fault without our consent.

Each party must keep the other's confidential information confidential and use it only to perform this Agreement, except where disclosure is required by law or to advisers under equivalent obligations. Customer Data is your confidential information. This clause does not limit our right to use aggregated, de-identified data that does not identify you or any individual.

Governing law. This Agreement is governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland. Before starting court proceedings (except for urgent interlocutory relief), a party must give written notice of the dispute and the parties must attempt in good faith to resolve it.

Electronic acceptance. The parties agree this Agreement may be formed, accepted and signed electronically, and that click-to-accept at sign-up is binding (Electronic Transactions Act 1999 (Cth) and the Queensland equivalent). A record of your acceptance (account, timestamp, plan) is evidence of the executed Agreement.

Variation. We may update this Agreement by giving notice (by email and/or in-app). Material changes take effect no earlier than 30 days after notice; continued use after the effective date is acceptance. If you do not accept a material change you may cancel before it takes effect.

Assignment. You may not assign or novate this Agreement without our written consent. We may assign or novate to a related body corporate or in connection with a sale or reorganisation of our business, on notice to you.

Notices. Notices to us: info@construct-it.au. Notices to you: the email on your account and/or in-app. Email notice is effective when sent, absent a bounce.

General. The parties are independent contractors. This Agreement (with your Order, the Privacy Policy, the Refund & Cancellation Policy and any Acceptable Use Policy) is the entire agreement and supersedes prior discussions. If a provision is unenforceable it is severed to the minimum extent without affecting the rest; a failure to enforce is not a waiver. Neither party is liable for delay or failure (other than to pay money) caused by events beyond its reasonable control.

Questions about these Terms: info@construct-it.au — Construct-it Technologies Pty Ltd (ABN 44 699 411 080), Brisbane, Queensland, Australia.