SURVIVAL TOOLS PTY LTD
Tools Platform
TERMS OF USE
Version 3 | Effective 1 April 2026
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.
- 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. Team accounts are for internal organisational use only. Team members must be employees, contractors or agents of the Team Owner’s organisation and must not include external third parties such as clients or customers of the Team Owner, unless expressly authorised in writing by Tools.
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.
- 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.
- 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.
- RESTRICTIONS
Any breach of this clause constitutes a material breach of this Agreement.
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
(c) interferes with, disrupts or compromises the operation, security or integrity of the Platform. Nothing in this clause limits rights that cannot be excluded by law.
- 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.
- 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.
Tools does not guarantee that data will be recoverable after termination. 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.
6.1 Data Export
Upon written request made within 30 days after termination, Tools may provide the End User with an export of End User data in a standard machine-readable format (such as CSV or PDF, at Tools’ election). Tools may charge a fee for preparing and providing such export, not exceeding AUD $250 or the equivalent of one month’s Licence Fee (whichever is the lesser), reflecting the reasonable time and resources required to prepare the export.
6.2 Confidentiality
The End User must keep confidential any non-public information obtained through use of the Platform that is by its nature confidential or that a reasonable person would consider confidential, including information relating to other users, client workspaces, projects or data. The End User must not disclose such information except as required by law or with prior written consent. This clause does not apply to information that is publicly available other than through a breach of this Agreement.
6.3 Beta Features
The Platform may include features, functionality or tools that are identified as “beta”, “preview”, “early access” or similar (Beta Features).
Beta Features are provided on an “as is” and “as available” basis and may be incomplete, unstable, or contain errors, defects or inaccuracies.
Tools may modify, suspend or withdraw any Beta Feature at any time without notice and has no obligation to continue to develop, release or support any Beta Feature.
The End User must not rely on Beta Features for operational, compliance, commercial or decision-making purposes and is responsible for independently verifying any outputs or results generated through Beta Features.
To the maximum extent permitted by law, Tools excludes all liability arising from or in connection with any Beta Feature, including any loss of data, loss of profits, or any indirect or consequential loss.
- 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 content, provide suggestions, or assist with searching, locating, summarising or interpreting information.
Any outputs or results generated by such features (including AI-generated content and AI-assisted search results) are provided for convenience only and may be incomplete, inaccurate or inappropriate for specific circumstances.
The Platform does not guarantee the accuracy, completeness or suitability of any such outputs or results. The End User remains solely responsible for independently reviewing, verifying and assessing all information before relying on it, and for obtaining appropriate professional advice where required.
The End User acknowledges that it does not rely on the Platform as a substitute for professional advice.
To the maximum extent permitted by law, Tools is not liable for any loss arising from reliance on any outputs or results generated by the Platform, including AI-generated content and AI-assisted search results.
- 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
Subject to clause 8.1 and 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, whether arising in contract, tort (including negligence) or otherwise, arising from use of the Platform, except to the extent that such loss is caused by a breach of the Australian Consumer Law by Tools (including failure to exercise due care and skill or misleading or deceptive conduct).
8.3 End User Responsibility and Indemnity
The End User is responsible for its use of the Platform. Subject to this clause 8 and to the extent permitted by law, the End User indemnifies Tools against any loss, damage or liability reasonably incurred by Tools arising from:
(a) a breach of this Agreement by the End User;
(b) the End User’s unlawful or improper use of the Platform; or
(c) any reliance by the End User or any third party on outputs, results or content obtained through the Platform,
except to the extent that such loss is caused or contributed to by:
(d) a breach of the Australian Consumer Law by Tools; or
(e) the negligence, fraud or wilful misconduct of Tools.
Nothing in this clause requires the End User to indemnify Tools for any liability to the extent that such liability cannot be excluded or limited under applicable law.
8.4 Aggregate Liability Cap
Subject to clauses 8.1 and 8.2, and to the extent permitted by law, Tools’ total aggregate liability to the End User under or in connection with this Agreement (whether in contract, tort including negligence, statute or otherwise) is limited to the total Licence Fees paid by the End User to Tools in the twelve (12) months immediately preceding the event giving rise to the claim, or, if the End User has not paid any Licence Fees (including where the End User is a Free User), to AUD $100. This cap applies to all claims in aggregate, not per claim. Nothing in this clause limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot be limited or excluded under the Australian Consumer Law.
- TERM AND TERMINATION
9.1 Survival
Clauses 4, 6, 6.3, 7, 8, 10, 12, 13 and 14, and any other provisions which by their nature are intended to survive termination, continue in effect after termination of this Agreement.
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. Tools may also terminate this Agreement immediately by written notice if the End User becomes insolvent, enters into administration, receivership or liquidation, makes an arrangement with creditors generally, or has a controller or administrator appointed over any part of its assets or business. 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.
- 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. Tools may increase Licence Fees at each renewal by providing at least 30 days’ prior written notice before the start of the renewal Term. Any increase will not exceed the greater of: (a) the percentage change in the Australian Consumer Price Index (All Groups, weighted average of eight capital cities) for the 12 months immediately preceding the notice; or (b) 5% per annum. Increases beyond this threshold require the End User’s express consent. If the End User does not accept an increase, the End User may cancel the subscription before the renewal Term commences and will not be charged the increased fee.
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.
Free Trials
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. Tools will send the End User a reminder notice at least three (3) days before the free trial period ends, informing the End User of the subscription plan selected and the Licence Fee that will be charged on conversion.
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
11.1 Tools may amend this Agreement from time to time.
11.2 Tools will provide notice of any amendments by:
(a) sending an email to the email address associated with the End User’s account; and/or (b) providing notice through the Platform.
11.3 The End User agrees that notice provided in accordance with this clause constitutes valid and sufficient notice of any amended Terms.
11.4 An email is taken to be received at the time it leaves Tools’ information systems, provided that Tools has not received a delivery failure notification.
11.5 The End User is responsible for ensuring that its contact details, including its email address, are accurate and kept up to date.
11.6 Unless otherwise specified in the notice, the amended Terms will take effect from the date the notice is provided, except where the amendment is required for legal or security reasons, in which case it may take effect immediately. Where an amendment that takes immediate effect is materially adverse to the End User, the End User may terminate this Agreement in accordance with clause 9 within 14 days of receiving notice of the amendment and will be entitled to a pro-rata refund of any prepaid Licence Fees for the unexpired portion of the then-current billing period.
11.7 If the End User does not agree to an amendment, the End User must cease using the Platform before the amendment takes effect and may terminate this Agreement in accordance with clause 9.
11.8 By continuing to access or use the Platform after the amended Terms take effect, the End User is taken to have accepted the amended Terms.
- 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.
- PRIVACY
Personal information is handled in accordance with Tools’ Privacy Policy and the Privacy Act 1988 (Cth).
- MISCELLANEOUS
Tools may assign this Agreement as part of a business transfer, provided that the assignee assumes all of Tools’ obligations under this Agreement and the End User is notified in writing promptly following the assignment. 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, other than notices sent in accordance with clause 11(b), 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 at the time the email leaves the sender’s information systems, unless a delivery failure notification is received.
- 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).
PTOU10 | Version 3 | 1 April 2026
