Terms & Conditions

1. The Service

BuildWhiz is an AI-powered tool that analyses builder quotes for completeness. Users upload builder quote documents, answer questions about their building project, and receive AI-generated analysis highlighting potentially missing items, vague inclusions, and areas of risk.

The Service is not legal advice, financial advice, quantity surveying, building advice, or a substitute for any professional service. It is an informational tool designed to assist — not replace — your own due diligence.

Use of the Service does not create a professional-client, advisory, fiduciary, or any other professional relationship between you and Build Whiz Pty Ltd.

2. AI limitations

The Service uses artificial intelligence to analyse documents. You acknowledge and accept that AI-generated outputs may be:

• Incorrect — the AI may draw wrong conclusions from the data provided
• Incomplete — the AI may fail to identify missing items, risks, or issues
• Outdated — the AI's knowledge may not reflect current regulations, codes, or pricing
• Misleading — the AI may produce results that appear authoritative but contain errors

The system may also misinterpret documents, produce false positives (flagging items that are adequately covered), or fail to detect genuine gaps. No AI system is infallible, and the outputs of this Service are no exception.

We make no representation that the AI analysis is error-free, and you should treat all outputs as a starting point for further investigation — not as a definitive assessment.

3. No reliance & no duty of care

You must not rely solely on the Service when making decisions about building contracts, builder selection, pricing, or any financial commitment. The output of the Service is informational only and is intended to supplement — not replace — independent professional advice.

Before signing any building contract, we strongly recommend you obtain independent advice from a qualified building professional, quantity surveyor, or legal adviser.

To the maximum extent permitted by law, we do not owe you a duty of care in connection with your use of the Service or its outputs. We are not your adviser, and nothing in the Service or these terms should be construed as creating such a duty or obligation.

4. User responsibility

You are fully responsible for:

• All decisions you make based on or after using the Service
• All actions you take (or fail to take) in relation to your building project
• The accuracy and completeness of the documents and information you provide
• Verifying the AI-generated analysis against your own research and professional advice
• All outcomes, including financial outcomes, arising from your use of the Service

The Service is only one input in your decision-making process. We do not accept responsibility for decisions made on the basis of our analysis.

5. Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Build Whiz Pty Ltd, its directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of or reliance on the Service or its outputs
• Decisions you make or actions you take based on the Service
• Disputes between you and any builder, contractor, or third party
• Your breach of these terms
• Any misuse of the Service, including uploading documents you do not have the right to share

This indemnity survives termination of your account and these terms.

6. Accounts & access

You must provide a valid email address to use the Service. You are responsible for maintaining the security of your account and for all activity that occurs under it. You must not share your account credentials or allow others to access your account.

We reserve the right to suspend or terminate your access at any time, for any reason, without notice.

7. Payment terms

Certain features of the Service require payment. All prices are in Australian dollars (AUD) and are inclusive of GST where applicable. Payments are processed securely by Stripe. We do not store your payment card details.

Purchased credits and reports are non-transferable between accounts. Credit bundles do not expire. We reserve the right to change pricing at any time; changes will not affect previously purchased credits.

8. Refunds & cancellations

Your rights under the Australian Consumer Law are not affected by these terms.

Digital delivery: The Service delivers digital content. Delivery occurs when the analysis report is first made available in your browser. Access timestamps are recorded automatically.

No change-of-mind refunds: Because the Service delivers digital content that is accessed immediately, we do not offer refunds for change of mind.

Major failure: If the Service fails to deliver a report, or delivers a report that is so defective as to constitute a major failure under the Australian Consumer Law, you are entitled to a refund.

Chargebacks: If you initiate a chargeback or payment dispute with your bank or card provider after the report has been delivered, we will submit delivery evidence — including access timestamps and account activity — to the payment processor as part of the dispute resolution process.

9. No warranty

The Service is provided "as is" and "as available", without any warranty of any kind, whether express, implied, or statutory.

To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

• Accuracy or completeness of the analysis
• Fitness for a particular purpose
• Merchantability
• Uninterrupted or error-free operation
• That the Service will meet your specific requirements
• That defects will be corrected

Nothing in these terms excludes or limits any consumer guarantee under the Australian Consumer Law that cannot be excluded or limited by law.

10. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability to you for any and all claims arising out of or in connection with the Service — whether in contract, tort (including negligence), under statute, in equity, or on any other basis — is limited to the amount you have paid to us for the specific transaction giving rise to the claim.

We are not liable for any:

• Financial loss, including construction cost overruns, variations, or budget blowouts
• Loss of profit, revenue, or anticipated savings
• Loss arising from building contract outcomes or builder disputes
• Indirect, incidental, special, or consequential loss of any kind
• Loss of opportunity, goodwill, or data
• Losses arising from reliance on AI-generated analysis

These limitations apply regardless of the legal theory under which liability is asserted, including contract, tort, negligence, strict liability, statute, or any other basis, and apply even if the loss was foreseeable or we were advised of the possibility of such loss.

Nothing in these terms excludes or limits liability that cannot be excluded or limited under Australian law, including liability for fraud or for death or personal injury caused by negligence.

11. Privacy & data handling

Your use of the Service is also governed by our Privacy Policy.

By using the Service, you acknowledge and agree that:

• Documents you upload (including builder quotes) are processed by AI systems to generate your analysis
• By uploading a document, you grant us a non-exclusive, royalty-free licence to process, store, and transmit that document and its contents solely for the purpose of delivering and improving the Service
• Your data may be processed by third-party service providers, including cloud infrastructure and AI providers, located in Australia and overseas
• We may use anonymised and aggregated data derived from your use of the Service to improve our AI systems and the Service generally — no personally identifiable information will be used for this purpose
• We implement reasonable security measures, but no system is completely secure — we cannot guarantee absolute security or confidentiality of your data beyond reasonable safeguards
• You accept the inherent risks of transmitting data over the internet and storing data in cloud-based systems
• We do not sell your personal information to third parties

You should not upload documents containing highly sensitive personal information (such as tax file numbers, bank account details, or medical records) unless it is necessary for the analysis. We are not responsible for any sensitive information you choose to include in uploaded documents.

12. Intellectual property

All content, design, code, and AI models that comprise the Service are owned by Build Whiz Pty Ltd or its licensors. You may not copy, modify, distribute, or reverse-engineer any part of the Service.

You retain ownership of documents you upload. By uploading a document, you grant us a limited, non-exclusive licence to process that document solely for the purpose of delivering the Service to you.

13. Service availability

The Service may be interrupted, modified, degraded, or discontinued at any time, with or without notice. Features may be added, changed, or removed at our discretion.

We do not guarantee any specific level of uptime, availability, or performance. We are not liable for any loss or inconvenience caused by interruptions to the Service, whether planned or unplanned.

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections relating to indemnity, liability, warranty, intellectual property, privacy, and governing law survive termination.

15. Changes to these terms

We may update these terms from time to time. Material changes will be communicated via email or a notice within the Service. Your continued use of the Service after changes are published constitutes acceptance of the updated terms.

16. Entire agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and Build Whiz Pty Ltd in relation to the Service. They supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written.

You acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made by or on behalf of Build Whiz Pty Ltd that is not set out in these terms, including any marketing materials, website content, or verbal communications.

17. Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed or read down to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

18. Governing law

These terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.