Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you (the "Customer" or "you") and AskThePlans ("AskThePlans", "we", "us", "our"), governing your access to and use of the AskThePlans platform, web application, iOS application, APIs, and related services (collectively, the "Service").

By clicking "I agree", creating an account, or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, you must not access or use the Service.

These Terms should be read together with our Privacy Policy, which is incorporated into these Terms by reference.

AskThePlans is an AI-powered construction document intelligence platform for Australian residential building teams. The Service allows users to upload project documents — including architectural plans, structural drawings, engineering specifications, approvals, schedules, and related materials — and ask questions about that content using text or voice queries. The Service generates AI-powered, source-backed answers referencing the uploaded documents and, where applicable, supported reference materials including the National Construction Code (NCC).

The Service includes: document upload and indexing; AI-powered question and answer functionality; multiple specialised AI agents (including Tradie, Builder, Certifier, Architect, and Client agents); conversation history and project memory; voice query capabilities; an iOS native application with Siri Shortcuts integration; team workspace, channels, and messaging features; task and milestone management; and compliance reference capabilities.

AskThePlans reserves the right to modify, add to, or remove features of the Service with reasonable prior notice to Customers.

Depending on your subscription plan, you may invite other individuals ("Authorised Users") to access your workspace. The account holder is responsible for:

• all activity conducted within the workspace, including all actions taken by Authorised Users;
• ensuring all Authorised Users are aware of and comply with these Terms;
• ensuring Authorised Users are informed of the AI disclaimer in Section 8; and
• revoking access for any Authorised User who leaves the organisation or whose access should be restricted.

Any breach of these Terms by an Authorised User will be treated as a breach by the account holder. AskThePlans may hold the account holder responsible for any loss or liability caused by an Authorised User's violation of these Terms.

Where a Subscription Plan specifies a maximum number of users, the account holder must not exceed that limit without upgrading to an appropriate plan.

Each party ("Recipient") agrees to treat all non-public information disclosed by the other party ("Discloser") in connection with this Agreement as confidential ("Confidential Information") and to protect it using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

AskThePlans will treat all Customer Content as Confidential Information belonging to you. AskThePlans will not use your Customer Content for any purpose other than providing the Service and will not disclose it to any third party except:

• to our AI and cloud infrastructure subprocessors as necessary to deliver the Service, under confidentiality obligations;
• as required by applicable law, court order, or government authority (we will notify you to the extent permitted by law before disclosing); or
• with your express consent.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no act or omission of the Recipient; (b) was already known to the Recipient at the time of disclosure; (c) is independently developed by the Recipient without reference to the Confidential Information; or (d) is required to be disclosed by law or court order.

AskThePlans and its licensors retain all intellectual property rights in the Service, including the platform, web and iOS applications, AI systems, prompts and agent architectures, algorithms, answer formats, visual interfaces, graphics, trademarks, trade names, service marks, logos, and all Documentation. All rights not expressly granted to you in these Terms are reserved.

Subject to your compliance with these Terms and payment of applicable Fees, AskThePlans grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service during the Subscription Period solely for your internal business purposes.

You must not:

• copy, modify, adapt, translate, or create derivative works of the Service;
• sell, resell, rent, lease, sublicense, or otherwise transfer access to the Service to any third party;
• use AskThePlans' trademarks or branding without prior written consent; or
• use Outputs to build, train, or improve any competing AI product or service.

AskThePlans will use commercially reasonable efforts to make the Service available at all times. However, we do not guarantee uninterrupted, error-free, or continuous availability.

The Service may be temporarily unavailable due to:

• scheduled maintenance (we will provide reasonable advance notice where practicable);
• unplanned outages, infrastructure failures, or third-party service disruptions; or
• events outside our reasonable control (see Section 21 — Force Majeure).

AskThePlans is not liable for any loss, cost, or inconvenience arising from unavailability of the Service except to the extent required by applicable law.

AskThePlans handles personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and our Privacy Policy, which is incorporated into these Terms.

You consent to the collection, use, and disclosure of personal information as described in the Privacy Policy. By inviting Authorised Users to your workspace, you represent that you have authority to consent on their behalf or that you have obtained their consent separately.

Customer Content is stored on Microsoft Azure infrastructure. As detailed in the Privacy Policy, certain data is processed by third-party service providers, including OpenAI (United States), in connection with AI response generation. You acknowledge these overseas transfers and the safeguards described in the Privacy Policy.

AskThePlans is bound by the Notifiable Data Breaches (NDB) scheme under Part IIIC of the Privacy Act 1988 (Cth). In the event of a data breach that is likely to result in serious harm to affected individuals, AskThePlans will assess and notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required under the NDB scheme.

If you discover or suspect any breach involving Customer Content or personal information held in your workspace, you must notify AskThePlans promptly using the contact address below so we can investigate and take appropriate action in compliance with our obligations.

AskThePlans will cooperate with you in good faith to notify affected individuals where the breach involves Customer Content that you are responsible for under applicable privacy law.

AskThePlans warrants that the Service will be provided with reasonable care and skill and substantially in accordance with the Documentation under normal operating conditions.

Except as expressly stated above, and to the maximum extent permitted by law, the Service is provided “as is” and “as available”. AskThePlans makes no representations or warranties, express or implied, regarding:

• the accuracy, completeness, reliability, or fitness for purpose of any Output;
• the Service being free from errors, interruptions, or defects;
• the Service being suitable for any particular purpose; or
• the security of data transmitted through the internet.

Australian Consumer Law (ACL) notice: Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, or remedy that you are entitled to under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other applicable law that cannot lawfully be excluded. Where the ACL applies and you are a “consumer” within the meaning of section 3 of the ACL, our liability for failure to comply with a consumer guarantee is limited under section 64A to the resupply of the services or payment of the cost of having the services supplied again, except where it would not be fair or reasonable to limit liability in that way.

You acknowledge that the Fees reflect the allocation of risk set out in this section and that AskThePlans would not have entered into this Agreement on different terms.

You agree to indemnify, defend, and hold harmless AskThePlans and its directors, officers, employees, and contractors from and against any third-party claims, damages, costs, and reasonable legal expenses arising directly from:

• your breach of the IP warranty in Section 7 (uploading content without sufficient rights);
• any allegation that Customer Content you uploaded infringes a third party's intellectual property rights;
• your breach of applicable privacy or confidentiality obligations to third parties in connection with content uploaded to the Service; or
• your or an Authorised User's material breach of the Acceptable Use Policy in Section 6.

This indemnity does not apply to the extent that the claim arises from AskThePlans' own negligence, fraud, or wilful misconduct. AskThePlans will give you prompt written notice of any claim subject to this indemnity and will cooperate reasonably in its defence.

AskThePlans may update these Terms from time to time. For material changes, we will provide at least 30 days' prior written notice by email to your registered address before the changes take effect.

If you do not agree to the updated Terms, you may cancel your subscription before the changes take effect by contacting us directly, in which case AskThePlans will provide a pro-rata refund of any prepaid Fees for the unused period.

Your continued use of the Service after the effective date of any update constitutes your acceptance of the revised Terms.

This Agreement is governed by the laws of the State of Victoria, Australia, excluding conflict of laws rules. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts hearing appeals therefrom.

Before commencing formal legal proceedings, the parties will attempt to resolve any dispute in good faith by escalating to a senior representative of each party for a period of not less than 20 business days ("Dispute Resolution Period"). Either party may commence proceedings if the dispute is not resolved within the Dispute Resolution Period, or at any time for urgent interlocutory relief.

Nothing in this section limits any rights you may have under the Australian Consumer Law or prevents you from lodging a complaint with the Australian Competition and Consumer Commission (ACCC) or any other relevant regulator.