Terms of Service

These Terms of Service (“Terms”) are a contract between you and [Site Reports Pty Ltd] [ACN xxx xxx xxx] of [registered office address, Victoria, Australia] (“we”, “us”, “our”). They govern access to and use of Site Reports (the “Service”). References to “you” mean the individual accepting these Terms and, where applicable, the organisation on whose behalf they are accepted (in which case the individual warrants they are authorised to bind that organisation).

By creating an account, accessing the Service, or clicking to accept these Terms where offered, you agree to these Terms. If you do not agree, do not use the Service.

The Service is operated from Australia and is intended primarily for customers located in Australia, New Zealand, the United States and the United Kingdom. It is available to users in other countries on an “as available” basis; if you choose to access the Service from another jurisdiction you do so on your own initiative and are responsible for compliance with local laws.

Site Reports provides cloud software for qualified professionals conducting building inspections, property condition reporting, and floor level surveys. Features and limits depend on your subscription tier. Inspection capture, report generation, and survey tools are included on every plan unless a feature is expressly marked as tier-gated in the app or on our pricing pages.

Project notes and media - the Service lets you attach manual notes, photos, audio clips, and short videos to inspection and survey projects (on rooms, points, boundary vertices, sections, stamps, layers, and project-level notes). Video files are automatically deleted from storage after 30 calendar days (30 days); after deletion the video is not playable in the Service and the note may show as expired. Other note types remain until project deletion as described in our Privacy Policy.

We may modify, suspend or discontinue parts of the Service where reasonably necessary (for example security incidents, supplier changes, or legal compliance). Where a change materially reduces prepaid functionality, your remedy is to end your subscription in line with the “Suspension and termination” and “Changes to these Terms” sections below and receive a pro-rata refund of unused prepaid fees.

You must provide accurate registration information and safeguard credentials. You are responsible for activity under your account except where we have materially contributed to unauthorised access through our own negligence.

Your use of the Service is also governed by our Acceptable Use Policy at /aup, which is incorporated into these Terms by reference and which we may update from time to time. The Acceptable Use Policy describes prohibited conduct (including, without limitation: probing or circumventing security; abusive API call patterns; prompt injection or jailbreaking of AI features; scraping or harvesting outputs to train competing models; credential sharing; and submission of unlawful content). A breach of the Acceptable Use Policy is a breach of these Terms.

The Service is a productivity tool that assists qualified professionals (including building inspectors, property consultants, surveyors, and engineering professionals). It is not, and is not held out as, a substitute for licensed professional engineering, certification, surveying, building inspection, geotechnical assessment or any regulated determination.

What "AI-assisted outputs" and "outputs" mean. Across these Terms, the words "AI-assisted outputs" and "outputs" are intended to be read broadly. They include, without limitation: (i) narratives, classifications, summaries, recommendations, suggested layouts, and report drafts generated or assembled by the Service; (ii) measurement values, levels, dimensions or other numerical inputs that the Service extracts, suggests or estimates from photographs, scanned documents, instrument displays or other source media (including using AI photo-reading or computer-vision features); and (iii) calculations, interpolations (including thin-plate spline and inverse-distance-weighted interpolations), contour lines, heatmaps, cross-section profiles, tolerance bands, charts, tables, and any other numerical or visual output derived from inputs you provide or that AI features extract - whether the derivation is deterministic, statistical, AI-generated, or a combination - together with any document, figure or report assembled or rendered by the Service. The verification requirements in this section apply to all of those outputs.

Examples of AI-assisted features. AI-assisted features in the Service may include (without limitation): extracting measurement values from photographs of digital level instrument screens or other source media; suggesting placement of measurement points; generating narrative report sections, summaries, and recommendations; classifying or labelling layers, sections or zones; and assembling report figures, tables and charts. The list of features changes as the Service evolves. Each feature is assistive only and is subject to the verification requirements set out in this section.

Heatmaps, contour lines and interpolated visualisations are a visual guide only. The Service produces heatmaps, contour lines, contour-banded plans, cross-section profiles and similar visualisations by applying mathematical interpolation methods (including thin-plate spline and inverse-distance-weighted interpolation) to the discrete measurement points you provide or that AI features extract. These visualisations are estimates - they are not measurements. Specifically: (i) values shown for any location between measurement points are mathematically inferred from surrounding points and are not directly observed; (ii) the accuracy and resolution of any visualisation depends entirely on the number, spacing, distribution and accuracy of the underlying measurement points (and, where applicable, on parameter choices such as interpolation method, contour interval and colour mapping that you control); (iii) sparse, noisy, unevenly distributed, mis-positioned or AI-extracted measurement points can cause the visualisation to materially misrepresent the actual surface, including by smoothing over genuine high or low spots, exaggerating gradients, or implying continuity across discontinuities that exist in reality; and (iv) the same dataset can produce materially different visualisations depending on parameter choices. Heatmaps, contour lines and other interpolated visualisations produced by the Service are provided as a visual reference and decision-support aid only. They must not be treated as a substitute for direct measurement, for site inspection by a qualified professional, or for compliance with applicable standards. Before relying on, distributing, certifying or making any decision based on any visualisation, you must independently verify the underlying values against the physical conditions at the relevant locations.

You acknowledge and agree that: (a) AI-assisted outputs (including narratives, classifications, interpolations, contour and heatmap visualisations, suggested layouts and report drafts) are assistive only and may be inaccurate, incomplete, biased, hallucinated or otherwise unsuitable for any particular purpose; (b) you must apply your own independent professional judgement, perform your own measurements and verifications (including, where appropriate, by re-measuring against the underlying physical conditions and by independently re-calculating or sense-checking any numerical output before relying on it), and comply with all applicable engineering codes, standards (including, where applicable, the Australian Standards or equivalent local standards in your jurisdiction), workplace safety laws, professional registration obligations and your own professional indemnity insurance requirements before relying on, signing, certifying, submitting or distributing any output; (c) the Service must not be used as the sole basis for, and is not intended for, any decision affecting structural integrity, life safety, evacuation, emergency response, regulatory certification, or any other safety-critical determination; and (d) where you use the Service to produce materials for clients, contractors, certifiers or authorities, you alone are the author and certifier of those materials and you are responsible for them.

In-product confirmations. Where the Service prompts you to confirm an acknowledgement before generating, exporting or distributing AI-assisted outputs (for example, before generating or exporting a report or PDF), your confirmation forms part of the bargain reflected in these Terms and is recorded by the Service for audit purposes. We may rely on those records as evidence of your agreement to the verification requirements in this section.

To the maximum extent permitted by law, you release us from, and waive, any claim arising from your reliance on AI-assisted outputs (as broadly defined above) without independent professional verification.

The Service uses third-party artificial intelligence and machine-learning service providers (“AI Providers”) to generate, summarise, classify or otherwise process content. Examples may include large-language-model APIs, embedding APIs, vision APIs and reasoning APIs operated by parties such as OpenAI, Anthropic, Google, or successor or alternative providers we select from time to time.

By using AI-assisted features, you acknowledge and consent that: (a) inputs you submit to those features (including project content, prompts, file contents and metadata necessary for the request) will be transmitted to one or more AI Providers for processing, and may be processed and stored briefly by those AI Providers in accordance with their own terms and privacy policies; (b) AI Providers may operate, store or process data outside Australia, including in the United States or other jurisdictions, and we take steps that are reasonable in the circumstances under Australian Privacy Principle 8 to require AI Providers to handle data consistently with our obligations; (c) where commercially available, we use enterprise or “no-training” tiers so that your inputs and outputs are not used by AI Providers to train or fine-tune their general models, but we do not warrant the practices of any AI Provider and we are not responsible for an AI Provider’s independent acts, omissions, security incidents, retention practices or downstream use of data; (d) you are responsible for ensuring you have all necessary rights and consents (including from your employer, clients and any individuals whose information appears in your inputs) to submit content to the Service for processing by AI Providers; and (e) the current list of AI Providers may change without notice as we optimise quality, cost, latency and regional availability. A current summary of categories is available on request.

If you do not consent to the use of AI Providers as described above, you must not use AI-assisted features of the Service.

Paid plans are billed as described at checkout (typically monthly via our payment processor, Stripe). Fees are exclusive of applicable taxes (including GST where applicable) unless stated otherwise. Failure to pay may result in suspension or downgrade of access in line with the “Suspension and termination” section.

If you purchase through an invoice or enterprise ordering process, supplemental terms on the order form may apply and prevail over these Terms where they conflict - but only to the extent expressly stated.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law in Schedule 2), or any other Australian legislation, which cannot lawfully be excluded. Where liability for breach of a non-excludable consumer guarantee can be limited (for services not of a kind ordinarily acquired for personal, domestic or household use), our liability is limited at our election to re-supplying the services or paying the cost of having the services re-supplied.

Region-specific consumer protection rights for users in New Zealand, the United Kingdom and the United States (and the contracting-out arrangements that apply to business customers in those countries) are set out in the “Regional terms” section below.

Our IP. We retain all rights in the Service, software, branding, documentation, model prompts, model configurations and all enhancements thereto. Subject to these Terms and your subscription entitlements, we grant you a non-exclusive, non-transferable, non-sublicensable licence to access and use the Service during your subscription for your internal business purposes.

Your content. You retain ownership of content you submit. You grant us a worldwide, royalty-free licence to host, store, transmit, display, copy and process your content only as reasonably necessary to provide, secure and improve the Service and as described in our Privacy Policy.

Your uploads and rights. You represent and warrant that you have all necessary rights, licences, and permissions to upload and use project content through the Service, including floor-plan images, survey-note photos, audio clips, short videos, evidence files, and any other files you attach to a project. You must not upload content if you do not have those rights or if uploading or our processing would breach a third party's rights or any law. This obligation applies whether or not you use AI-assisted features on that content.

AI-assisted outputs. As between you and us, and subject to any rights of AI Providers and other third parties, we assign to you the rights we hold in AI-assisted outputs generated specifically for you in response to your inputs, on condition that you have paid all fees due and have complied with these Terms. You acknowledge that: (a) AI-assisted outputs may be similar to outputs generated for other users in response to similar inputs, and we do not warrant uniqueness, novelty, originality, copyrightability, patentability or non-infringement of any AI-assisted output; (b) you are responsible for ensuring AI-assisted outputs are suitable for your use, do not infringe third-party rights, and do not require attribution beyond what you provide; and (c) we may use de-identified inputs and outputs to monitor, secure, debug, evaluate and improve the Service, including evaluating model quality. We will not use your identifiable inputs or outputs to train general-purpose foundation models without your separate consent.

Restrictions. You must not, and must not permit any third party to: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Service or any part of it, except to the extent that such restriction is prohibited by mandatory law; (ii) remove or obscure proprietary notices; or (iii) use the Service, or any data obtained from the Service, to build, train or improve any competing product, service or model.

Feedback. If you give us feedback about the Service, you grant us a perpetual, worldwide, royalty-free, irrevocable licence to use that feedback for any purpose without obligation to you.

Except for non-excludable consumer guarantees (see “Australian Consumer Law” above), the Service is provided on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted, error-free, secure against all attacks, free from data loss, or available in any particular region or at any particular time.

The Service depends on third-party infrastructure and services that we do not own, operate or control, including (without limitation): (a) cloud hosting, databases, authentication, storage and serverless compute platforms (for example, Google Firebase / Google Cloud Platform); (b) edge networking, DNS, content delivery, security and serverless compute platforms (for example, Cloudflare); (c) payment processors (for example, Stripe); (d) email and notification providers; and (e) AI Providers as described in “Use of third-party AI service providers” above.

To the maximum extent permitted by law, we are not liable for any loss, damage, downtime, degradation, data loss, security incident or breach of confidentiality to the extent caused or contributed to by: (i) the acts, omissions, outages, latency, defects, security vulnerabilities, suspensions, terminations or changes in service of any third-party provider described above; (ii) failure or unavailability of the public internet, electricity, telecommunications networks or DNS; (iii) your own systems, networks, configurations, integrations, credentials or third-party software you elect to use with the Service; or (iv) any event of force majeure described below.

We do not offer a service-level agreement with the Service unless expressly agreed in a separate written order form signed by an authorised officer of our company. Posted availability targets, roadmap commitments and uptime statistics (if any) are informational only and are not contractual commitments.

Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability under the consumer guarantees in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), liability for fraud, or liability for personal injury or death caused by negligence.

Subject to the paragraph above, and to the maximum extent permitted by law: (a) neither party is liable to the other for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, or loss, corruption or inaccuracy of data, however arising; (b) where the Service is supplied to you as a consumer within the meaning of the Australian Consumer Law and any consumer guarantee is breached in respect of services not of a kind ordinarily acquired for personal, domestic or household use, our liability is, at our election, limited to (i) re-supplying the services or (ii) paying the cost of having the services re-supplied; and (c) our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Service in any twelve-month period is limited to the greater of (i) the total fees paid by you to us for the Service in the twelve months immediately preceding the first event giving rise to liability and (ii) AUD $200.

The limitations in this section apply regardless of the cause of action (including negligence) and survive termination of these Terms.

You will indemnify, defend (at our option) and hold us, our affiliates, and our personnel harmless from and against all third-party claims, demands, proceedings, losses, damages, fines, penalties and reasonable legal costs (on a solicitor-and-own-client basis) arising out of or in connection with: (a) your content, including any allegation that your content infringes intellectual property rights, breaches privacy or confidentiality, or is unlawful; (b) your breach of these Terms (including the Acceptable Use Policy) or any law in connection with your use of the Service; (c) your reliance on, or distribution of, AI-assisted outputs without the independent professional verification described in “Professional responsibility and AI-assisted outputs”; or (d) any claim by an end-client, certifier, authority or other third party that arises from materials you produced using the Service.

Your indemnity does not apply to the extent the claim is caused by our breach of these Terms, our negligence, or our wilful misconduct.

To rely on this indemnity, we will: (i) promptly notify you of the claim; (ii) give you reasonable cooperation at your cost; and (iii) not settle the claim in a way that imposes a non-financial obligation on you without your consent (not to be unreasonably withheld). We reserve the right to assume sole control of the defence and settlement at our cost, in which case your indemnity continues for costs and any settlement amount.

Suspension. We may suspend or restrict your access to the Service, in whole or in part, with or without prior notice, where we reasonably believe that: (a) you have materially breached these Terms (including the Acceptable Use Policy); (b) your account is being used in a way that poses a security, integrity, performance or legal risk to the Service, our other users, or any third party (including, without limitation: abusive or excessive API requests; attempts to extract, reverse-engineer or fingerprint AI models; prompt injection; credential sharing; or content that may be unlawful); (c) we are required to do so by law, regulator order or by an upstream service provider; or (d) your account is in arrears.

Where reasonably practicable and lawful, we will give you notice and an opportunity to cure before suspension; for events posing immediate risk we may suspend first and notify you promptly afterwards.

Termination. Either party may terminate these Terms by ending the subscription in accordance with the cancellation mechanics for your plan. We may terminate immediately on written notice if you commit a material breach that is not capable of remedy, or that you fail to remedy within fourteen (14) days of notice.

Effect of termination. On termination: (i) your right to access the Service ends; (ii) for thirty (30) days following termination (other than termination for cause based on conduct described in “Suspension” above), we will retain your project content and make reasonable export tools available to you, after which we may permanently delete it; (iii) accrued fees remain payable; and (iv) clauses that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) survive.

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by an event beyond its reasonable control, including acts of God, natural disaster, pandemic, war, terrorism, civil disturbance, strike, government action, internet, telecommunications or upstream cloud-provider outage. The affected party will use reasonable efforts to mitigate and will resume performance as soon as practicable.

These Terms are governed by the laws of Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and the courts entitled to hear appeals from those courts, except that: (a) we may bring proceedings to enforce intellectual property rights, confidentiality obligations or to seek injunctive relief in any court of competent jurisdiction; and (b) nothing in this section limits any rights you have under mandatory consumer protection laws to bring proceedings in your place of residence.

Before commencing proceedings (other than for urgent injunctive relief), the parties will use reasonable efforts to resolve the dispute by good-faith discussion at a senior level for at least twenty-one (21) days following written notice of the dispute.

IMPORTANT for US users: this section is modified for users located in the United States. US users are subject to a binding individual arbitration agreement and a class action / jury trial waiver - see the “United States customers - agreement to arbitrate” section under “Regional terms” below.

We may update these Terms from time to time. For changes that materially and adversely affect your rights (for example, changes to fees, the limitation of liability section, or the indemnity section), we will give you at least thirty (30) days’ notice before the change takes effect by email to your account contact or by in-product notice.

If you do not agree to a material change, you may terminate your subscription before the change takes effect, in which case we will refund any prepaid fees on a pro-rata basis for the unused portion of the current billing period after the effective date.

Non-material changes (for example, clarifications, formatting changes, or changes required by law) may take effect on posting. The “Last updated” date at the top of these Terms identifies the current version.

Entire agreement. These Terms (together with the Acceptable Use Policy, the Privacy Policy and any order form) are the entire agreement between the parties about the Service and supersede all prior representations and agreements.

Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will continue in full force.

No waiver. Failure or delay by us in exercising any right is not a waiver of that right.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of substantially all of our assets.

Notices. We may give you notices by email to the address on your account or by in-product notice. You may give us notice by email to the contact addresses below.

Independent contractors. The parties are independent contractors. No partnership, agency, joint venture or employment relationship is created by these Terms.

Counterparts and electronic acceptance. These Terms may be accepted electronically and electronic acceptance is binding to the same extent as a written signature.