These Terms and Conditions ("Terms") govern your use of the AI-powered building information platform ("Platform") provided by GSTUDIO PTY LTD, trading as BuildPilot ("BuildPilot"). By accessing or using the Platform, you agree to comply with these Terms. If you do not agree to these Terms, please refrain from using the Platform.
1. Limitations of Liability:
a. The information provided by the Platform is based on algorithms and data obtained from third-party sources. While BuildPilot strives to ensure the accuracy and reliability of the information, it does not guarantee its completeness, reliability, or suitability for any specific purpose. Therefore, you acknowledge and agree that your use of the Platform and reliance on the information provided is at your own risk and is limited to the fullest extent permitted by applicable laws.
b. BuildPilot shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use or inability to use the Platform or the information provided. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses, even if BuildPilot has been advised of the possibility of such damages.
c. BuildPilot does not accept any responsibility or liability for the actions or decisions you make based on the information provided by the Platform. You are solely responsible for conducting your own research, verification, and assessment of any information before relying on it.
d. BuildPilot reserves the right to take appropriate legal action against users for any unauthorised use of the Platform or violation of these Terms.
2. Privacy Policy:
a. By using the Platform, you acknowledge and agree to the collection, use, and disclosure of your personal information as described in BuildPilot's Privacy Policy. The Privacy Policy explains how BuildPilot collects, stores, and handles your personal information and is incorporated into these Terms by reference.
3. Subscription as a Service:
a. The Platform is offered on a subscription basis. By subscribing to the Platform, you agree to pay the applicable fees as specified by BuildPilot. Payment terms and subscription details are outlined on the Platform and may be subject to change.
b. You are responsible for maintaining the confidentiality of your account information and ensuring that it is accurate and up-to-date. You agree to promptly update any changes to your account information to ensure the uninterrupted use of the Platform.
4. Cancel Anytime:
a. You have the right to cancel your subscription to the Platform at any time. Upon cancellation, your access to the Platform and its services will cease at the end of your billing period. No refunds will be provided for any unused portion of the subscription.
5. Amendments:
a. BuildPilot reserves the right to modify or amend these Terms at any time. Any changes to the Terms will be effective immediately upon posting on the Platform. It is your responsibility to review the Terms periodically to stay informed of any updates. Your continued use of the Platform after any modifications or amendments constitutes your acceptance of the revised Terms.
6. Governing Law: South Australia:
a. These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of South Australia, without regard to its conflict of laws principles.
7. Termination:
a. BuildPilot may, at its sole discretion, suspend or terminate your access to the Platform at any time and for any reason, including but not limited to a violation of these Terms. Upon termination, you will no longer have access to the Platform, and any licenses or rights granted to you under these Terms will be revoked. You also must refrain from using any of the information provided to you for future use if you have cancelled.
8. User Generated Content:
a. The Platform may allow you to submit or share user-generated content, including comments, reviews, or other materials. By submitting content to the Platform, you grant BuildPilot a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, display, and sublicense the content for any purpose related to the Platform.
b. You are solely responsible for the content you submit and warrant that you have the necessary rights, permissions, and consents to grant the above license. BuildPilot reserves the right to remove or refuse to publish any content that violates these Terms or applicable laws.
9. Intellectual Property:
a. The Platform, including its software, algorithms, designs, graphics, and other materials, is owned or licensed by BuildPilot and is protected by intellectual property laws. You agree not to reproduce, modify, distribute, or exploit any part of the Platform without the express written permission of BuildPilot.
b. Users are prohibited from submitting or sharing any content on the Platform that infringes upon the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets.
c. BuildPilot reserves the right to remove or disable access to any content that is alleged to be infringing or in violation of intellectual property rights upon receiving a valid notice of infringement. BuildPilot will make reasonable efforts to promptly investigate and respond to such notices.
d. Repeat infringers may have their access to the Platform terminated at BuildPilot's discretion.
10. User Obligations:
a. You agree to use the Platform in compliance with these Terms, applicable laws, and any additional guidelines or policies provided by BuildPilot. You shall not use the Platform for any unlawful, un-authorized, or malicious purposes, including but not limited to:
i. Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
ii. Uploading, posting, or transmitting any content that is unlawful, defamatory, obscene, or harmful.
iii. Interfering with or disrupting the operation of the Platform or its servers.
iv. Engaging in any activity that could compromise the security or integrity of the Platform or its users' information.
b. You acknowledge that the Platform may not be error-free or uninterrupted and that BuildPilot does not guarantee the continuous availability or functionality of the Platform.
c. You shall indemnify and hold BuildPilot and its affiliates, officers, directors, employees, and agents harmless from and against any claims, damages, liabilities, losses, or expenses arising out of your use of the Platform or any violation of these Terms.
11. Dispute Resolution:
In the event of any dispute or disagreement arising under or in connection with these Terms and Conditions, the parties involved agree to engage in good-faith negotiations to seek a resolution. If the dispute cannot be resolved through negotiations, either party may request mediation. Mediation shall be conducted by a neutral third party mediator agreed upon by both parties, and the costs shall be shared equally. If mediation fails to resolve the dispute, either party may initiate binding arbitration. The arbitration shall be conducted in accordance with the rules and procedures of a recognized arbitration service or as agreed upon by the parties. The decision of the arbitrator(s) shall be final and binding. The parties agree to waive their right to pursue litigation or any other legal action regarding the dispute, except for seeking injunctive or equitable relief as permitted by law. The governing law for the resolution of disputes shall be the laws of South Australia. The exclusive jurisdiction for any legal proceedings arising out of or relating to these Terms and Conditions shall be the courts located within South Australia.
12. Severability:
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that achieves the intended purpose of the original provision as closely as possible. Please contact home@buildpilot.com.au to errors in our platform.
13. Entire Agreement:
a. These Terms constitute the entire agreement between you and BuildPilot regarding your use of the Platform and supersede any prior agreements, understandings, or negotiations, whether oral or written.
By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree to these Terms, please refrain from using the Platform.