TOOLS PLATFORM TERMS OF USE

INTRODUCTION

These Terms of Use are a legally binding agreement between Survival Tools Pty Ltd, a company registered in New South Wales (ACN 647 286 842), whose place of business is at 1/389 Avoca Drive Green Point NSW 2251, Australia (Tools, we, us), and you (End User, you).

These Terms apply to your access to and use of:

the Tools software application (including web-based and mobile versions)
the Tools website located at www.buildingtools.co
any client portal or workspace, and
any related services provided by Tools

(collectively, the Platform).

These Terms take effect on the date you first access or use any part of the Platform (Effective Date). If you do not agree to these Terms, you must not use the Platform.

1. DEFINITIONS

Agreement means these Tools Platform Terms of Use.

Client Portal means the web-based portal made available by Tools for account management and access to the Service, including any Client Workspace functionality.

Client Workspace means a client-specific workspace made available through the Website or Client Portal.

Documentation means any documentation made available by Tools relating to the Platform, including descriptions of functionality and instructions for use.

End User includes:

Unauthenticated Users
Free Users
Pro Users

Licence Fee means the subscription fee paid to access and use the Platform during the Term.

Platform means the Tools App, Website, Client Portal, Client Workspace and Documentation.

Service means the digital products, content and functionality delivered to the End User through the Platform.

Team means a group of two or more end users comprising a team owner (who controls billing) and team members.

The Team Owner is the administrator for all activity conducted under a Team account and is responsible for all Licence Fees, subscription management and compliance with this Agreement for all Team members.

Term means 12 months from the Effective Date or any other agreed subscription period.

Website means www.buildingtools.co or any replacement domain.

2. AUSTRALIAN CONSUMER LAW

You have rights under the Australian Consumer Law that cannot be excluded or limited. Nothing in this Agreement removes or limits those rights.

3. ACCESS AND LICENCE

3.1 Licence Grant

In consideration of payment of the Licence Fee (where applicable), Tools grants the End User a non-exclusive, non-transferable right during the Term to access and use the Platform on the End User’s devices, including smartphones, tablets, laptops and desktop computers, solely for the End User’s personal and internal business purposes.

3.2 Content Sharing

Depending on the nature of their account, the End User may share content generated from the Platform for personal or internal business purposes, provided that:

all Tools branding and trademarks remain visible;
Tools is attributed as the source (including via share links where available); and
sharing content does not give any person access to the Platform or its underlying systems.

For the purposes of this clause:

where content is shared digitally, attribution must include a direct hyperlink to the original Tools content; and
where content is printed or distributed in hard copy, attribution must include a QR code or other scannable reference linking to the original Tools content.

Each licence is personal to the End User and must not be shared, transferred or used by multiple individuals. The End User must not permit any other person to access the Platform using the End User’s account credentials.

3.3 Service Availability

Tools will use reasonable efforts to make the Platform available but does not guarantee uninterrupted access. If the Service is substantially unavailable for more than seven (7) consecutive days due to Tools’ fault (excluding scheduled maintenance or force majeure), the End User may terminate this Agreement. For this purpose, substantially unavailable means the End User cannot access core Service functionality.

4. RESTRICTIONS

The End User must not:

copy, modify, duplicate, create derivative works from or adapt the Platform;
reverse engineer, decompile or disassemble any part of the Platform;
use the Platform to develop or improve a substantially similar or competing product or service;
commercially exploit, sublicense, lease or make the Platform available to third parties; or
attempt to gain unauthorised access to the Platform.

The End User must not access or attempt to access the Platform by any means intended to bypass, avoid or circumvent technical, contractual or security measures, whether or not such access is technically possible.

The End User must not use the Platform in any manner that:

(a) is unlawful, fraudulent, misleading, deceptive, defamatory or abusive;

(b) infringes the rights of any third party; or

Nothing in this clause limits rights that cannot be excluded by law.

5. ACCOUNT SECURITY

The End User must keep login credentials secure and notify Tools immediately of unauthorised access. Tools will take reasonable steps to protect the security of the Platform.

6. INTELLECTUAL PROPERTY AND DATA

All intellectual property rights in the Platform remain with Tools or its licensors.

End User data remains the End User’s property. The End User grants Tools a limited licence to use that data solely to provide the Service.

Upon termination, Tools will retain End User data for up to 30 days for retrieval (subject to technical limitations), after which it may be deleted unless retention is required by law. Backup copies may persist for a limited period.

The Platform and its content must not be used for training, education, course delivery or instruction provided to third parties for a fee or other commercial benefit (including by educational institutions), unless expressly authorised in writing by Tools.

7. COMPLIANCE ASSISTANCE ONLY

The Platform provides compliance support and information only, including features that reference and organise information derived from the Australian National Construction Code (NCC) and related reference and supporting documents.

It does not provide building, design, engineering, legal or other professional advice and does not guarantee compliance with any law, regulation, industry standard or guideline.

The End User remains responsible for verifying compliance and for obtaining appropriate professional advice.

Where the Platform allows End Users to create, upload, organise or share content (including playlists, Projects, collections, notes or annotations), that content is created solely by the relevant End User. Tools does not review, endorse, verify or approve user-generated content and is not responsible or liable for any reliance placed on such content by other End Users or third parties.

The Platform may include features that use artificial intelligence or automated systems to generate, suggest or assist with content or outputs. AI-generated outputs may be incomplete, inaccurate or inappropriate for specific circumstances and must be independently verified by the End User.

8. LIABILITY

8.1 Consumer Guarantees

To the extent permitted by section 64A of the Australian Consumer Law, where the End User acquires the Services as a consumer, Tools’ liability for failure to comply with a consumer guarantee is limited (at Tools’ option) to resupplying the Services or paying the cost of resupply, except where the failure constitutes a major failure.

8.2 Other Loss

To the extent permitted by law, Tools is not liable for any indirect or consequential loss, loss of business, loss of profits, or loss that is not reasonably foreseeable, arising from use of the Platform, where that loss is not caused by a breach of the Australian Consumer Law by Tools (including failure to exercise due care and skill or misleading or deceptive conduct).

9. TERM AND TERMINATION

This Agreement continues for the Term unless terminated earlier. Tools may terminate for material breach not remedied within 30 days, or immediately for an incurable breach. The End User may terminate at any time via the cancellation process, for Tools’ material breach not remedied within 30 days, or if the Service is substantially unavailable as described above. Upon termination, use of the Platform must cease and access may be deactivated.

10. CANCELLATION, FEES AND AUTO-RENEWAL

Subscriptions may be cancelled at any time via Account > Billing.

Monthly and Annual subscriptions automatically renew for successive billing periods of the same duration (each a renewal Term) unless the End User cancels the subscription before the end of the then-current billing period.

Where a subscription renews, the applicable Licence Fee for the renewal Term will be charged in advance using the End User’s nominated payment method.

Cancellation takes effect at the end of the current billing period. No refund is provided for any unused portion of the billing period except where required by the Australian Consumer Law.

For Annual subscriptions, refunds will be provided where required by the Australian Consumer Law.

Where Tools offers a free trial to the Platform or to specific features (including PRO features), the End User must select a subscription plan at the time of sign-up. The free trial is provided for evaluation purposes only.

Unless the End User cancels the free trial before the end of the trial period, the selected subscription will automatically commence at the end of the free trial and the applicable Licence Fee for that subscription plan will be charged in advance using the End User’s nominated payment method.

The End User may cancel the free trial at any time before the end of the trial period via Account > Billing and will not be charged.

Any content or outputs generated using features that are available only during a free trial are licensed for evaluation purposes only. If the End User does not commence or maintain a paid subscription that includes those features, the End User must not continue to use, rely on, distribute or commercially exploit those trial-only outputs after the free trial ends.

Failed Payments

If a Licence Fee is not successfully processed on the due date, Tools (or its payment processor) may retry the nominated payment method in accordance with its standard retry processes. The End User will be notified of failed payment attempts using the contact details associated with the account.

If payment remains unsuccessful after reasonable retry attempts, Tools may suspend access to the relevant subscription until payment is successfully received. If payment remains outstanding, Tools may cancel the subscription in accordance with clause 9 (Term and Termination).

The End User remains responsible for all Licence Fees incurred up to the date of cancellation. Tools may recover reasonable direct costs incurred as a result of payment failures, chargebacks or payment disputes, except where such failure or dispute results from an error by Tools.

This clause does not affect any rights the End User may have under the Australian Consumer Law.

11. AMENDMENTS

Tools may amend this Agreement on reasonable notice, provided any amendment is reasonably necessary to protect Tools’ legitimate interests and does not materially disadvantage the End User.

If the End User does not agree to an amendment, the End User may terminate this Agreement before the amendment takes effect.

By creating an account, signing in or continuing to use the Platform (including via third-party authentication providers such as Google, Apple or Microsoft), the End User confirms acceptance of the then-current version of this Agreement.

12. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement is governed by the laws of New South Wales, Australia. Before commencing litigation, the parties must attempt to resolve disputes by good-faith negotiation for 14 days and, if unresolved, by mediation administered in New South Wales by the Resolution Institute, with costs shared equally.

13. PRIVACY

Personal information is handled in accordance with Tools’ Privacy Policy and the Privacy Act 1988 (Cth).

14. MISCELLANEOUS

Tools may assign this Agreement as part of a business transfer. The End User may not assign without consent. This Agreement constitutes the entire agreement between the parties. Nothing in this Agreement limits liability for misleading or deceptive conduct under the Australian Consumer Law. If any provision is invalid or unenforceable, it will be severed and the remainder will continue in effect. Neither party is liable for events beyond reasonable control. Notices must be sent by email. Notices to Tools must be sent to [email protected]. Notices to the End User will be sent to the email address associated with the End User’s account and are deemed received 24 hours after sending unless delivery fails.

15. GST

Unless expressly stated otherwise, all Licence Fees and other amounts payable under this Agreement are inclusive of GST where required by law.

Where GST is payable on a taxable supply made under this Agreement, Tools will provide a valid tax invoice and the End User must pay any GST payable at the same time as the relevant amount is due.

Terms used in this clause have the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).