Terms of Service

By creating an account, accepting an invitation to a project, or otherwise using Build Con, you agree to these terms. If you are agreeing on behalf of a company, you confirm you have authority to bind it, and you in these terms means that company as well as you.

Our Privacy Policy forms part of this agreement.

Build Con is a web application for running construction projects: drawings and document registers, RFIs, defects, tasks, site diaries, project budgets and forecasts, and the team and activity records that go with them. Files are stored in a storage account you connect — your Google Drive, or your organisation's SharePoint site.

Build Con is in alpha. Features may change, be reworked or be removed; behaviour may change between one week and the next; and defects are expected rather than exceptional. Do not use it as the sole record of anything you could not afford to reconstruct.

• You must give accurate account details and keep them current. One account is one person — accounts are not to be shared, particularly on a site device, because the activity log attributes every change to the account that made it.
• You are responsible for what happens under your account. Keep your password to yourself, and sign out on any device you share. Tell us promptly if you think someone else has your credentials.
• You must be at least 16 years old and legally able to enter this agreement.

Whoever creates a project controls it. They decide who is invited, what role each member holds, and therefore what each member can see — financial information, for instance, is visible only to project and site managers.

• If you invite someone, you confirm you are entitled to give them that project's information, and to give us their email address for the purpose of inviting them.
• Removing a member ends their access to the project in Build Con and withdraws the folder sharing we granted them. It does not recall copies they already downloaded, and it cannot.
• Where you use Build Con for an employer or a head contractor, that organisation — not you personally — controls the project records, and we will act on its instructions about them.

Everything you put into Build Con stays yours. We claim no ownership of your project records, drawings, photos or financial data. You grant us only the permission we need to run the service: to store, copy, transmit and display that content to you and to the people you have given access, and to create and share folders and files in the storage account you connect.

Because your files live in your own Google Drive or SharePoint site:

• your storage provider's own terms apply to them in addition to these ones, and its availability, quotas and retention rules are outside our control;
• if you disconnect the storage account, revoke our access, move a folder, or delete a file directly in Drive or SharePoint, Build Con will no longer be able to show that file, and its register entry may be left pointing at nothing; and
• if you stop using Build Con, your files remain where they are. We do not delete them, and we cannot restore what your storage provider has deleted.

You are responsible for having the right to upload what you upload, and for making sure your content does not infringe anyone else's rights.

You must not:

• use Build Con to store or send anything unlawful, abusive, defamatory, or in breach of someone else's privacy or intellectual property;
• attempt to access a project, organisation or account you have not been given access to, or to circumvent the role restrictions in the application;
• probe, scan or load-test the service, or interfere with its security features or rate limits, without our written permission;
• scrape the service, or use it to build a competing product; or
• resell or sublicense access to Build Con, or use it on behalf of a third party without telling us.

Responsible security research is welcome — email us before you start, and give us a reasonable chance to fix anything you find before you publish it.

Build Con is free while it is in alpha. There is nothing to pay and no payment details are collected. If we introduce charges, we will tell you well beforehand, and you will not be charged for anything without agreeing to it first — continuing to use a free product is not agreement to pay for it.

You remain responsible for any charges your storage provider levies for the space your project files occupy.

We aim to keep Build Con available and working, but we do not make any availability commitment during the alpha. The service depends on providers outside our control — our host, our database and authentication provider, and your storage provider — and any of them can interrupt it.

We may change, add or remove features. Where a change would remove something you rely on, we will give reasonable notice, except where the change is needed for security or to comply with the law.

This clause matters more than its length suggests. Build Con records, organises and calculates. It does not exercise professional judgment, and nothing in it is advice.

• Budgets, forecasts, cash-flow projections and margins are calculations performed on the figures your team enters. They are estimates, they are only as good as their inputs, and they are not financial, accounting or taxation advice.
• RFI answers, defect sign-offs, drawing revisions and site diaries are records of what your people recorded. Build Con does not verify them, and using it does not discharge any obligation you have under a contract, the National Construction Code, a Standard, or work-health-and-safety law.
• Weather information shown against a project is a third-party forecast, provided for convenience. Do not make a safety decision on the strength of it.
• Build Con is not a system of record for statutory or contractual notices, and does not decide whether a notice has been validly given.

You may stop using Build Con at any time, and ask us to close your account — see clause 10 of the Privacy Policy for what happens to your information when you do.

We may suspend or end your access if you materially breach these terms, if your use puts the service or other users at risk, or if we are required to by law. Unless the breach makes it impossible, we will tell you first and give you a chance to put it right.

Whenever access ends, your files remain in your own storage account. Export anything you want to keep from the application itself before you close your account.

Build Con — the application, its interface, and everything in it other than your content — remains ours. These terms grant you a limited, non-exclusive, non-transferable right to use it while this agreement is on foot, and nothing more.

If you send us feedback or a suggestion, we may use it without obligation to you. That is not a claim on anything else you own.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees, or any other right you have that cannot lawfully be excluded.

Subject to that, and to the extent the law allows, Build Con is provided as is. We do not warrant that it will be uninterrupted or error-free, that it will meet your requirements, or that the information in it is accurate or complete — accuracy is a function of what your team enters.

To the extent the law allows, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, or loss of or damage to data.

Where our liability may lawfully be limited, our total liability to you for all claims connected with Build Con is limited to AUD $100, reflecting that the service is provided free of charge. Where the Australian Consumer Law applies and permits it, our liability for a failure to comply with a consumer guarantee is limited to resupplying the service or paying the cost of having it resupplied.

You are responsible for keeping your own copies of records you are required to keep. Nothing in these terms limits our liability for fraud, or for anything that cannot lawfully be limited.

You indemnify us against claims brought by a third party arising from content you put into Build Con, from access you gave someone, or from your use of the service in breach of these terms — except to the extent the claim was caused by us.

We may update these terms as the product and the law change. The date at the top is always the current version. For a material change we will give you notice in the app or by email before it takes effect; continuing to use Build Con afterwards means you accept the new terms, and if you would rather not, you can close your account.

• These terms and the Privacy Policy are the whole agreement between us about Build Con, and replace anything said beforehand.
• If a clause is unenforceable, it is severed and the rest stands.
• A delay in enforcing a right is not a waiver of it.
• You may not assign this agreement without our consent. We may assign it to a buyer of the business, on notice to you.
• These terms are governed by the laws of [State or Territory], Australia, and each party submits to the courts of that jurisdiction.

Questions about these terms, or notices under them: