1. These terms and your agreement with us
1.1 These Software Terms of Use and Licence (Terms) are a legal agreement between Estimator Plus Pty Ltd (ABN 79 699 842 227) (we, us, our) and the customer that subscribes to the Platform (you, the Customer).
1.2 By clicking to accept these Terms, creating an account, commencing a trial, or using the Platform, you agree to these Terms. If you accept on behalf of an organisation, you warrant that you are authorised to bind that organisation, which is the Customer.
1.3 These Terms incorporate our Privacy Policy at estimator.plus/privacy-policy, our Support Policy at estimator.plus/support-policy and the Data Processing Schedule in Schedule 1.
1.4 We may amend these Terms from time to time by notifying you of the updated Terms. We will give you reasonable prior notice of any material change by email or in-Platform notice before it takes effect. If a change materially and detrimentally affects you, you may cancel under clause 5 before the change takes effect; your continued use after the effective date means you accept the amended Terms.
2. Licence to use the Platform
2.1 Licence grant: Subject to your compliance with these Terms and payment of the Fees, we grant you a non-exclusive, non-transferable, non-sublicensable licence for the Subscription Term to access and use the Platform for your internal business purposes, via the number and type of Seats you have paid for.
2.2 Restrictions: You must not, and must ensure your Authorised Users do not:
(a) permit any person other than a named Authorised User to use a Seat, or share, resell, rent, or timeshare access to the Platform;
(b) exceed the number of Seats you have paid for, or circumvent Seat, session or usage limits (including the single-active-session limit in clause 6.3);
(c) copy, modify, adapt, translate, reverse engineer, decompile, or create derivative works of the Platform, except to the extent this restriction cannot lawfully be excluded;
(d) access or use the Platform to build or benchmark a competing product or service;
(e) use the Platform in breach of any law, or to store or transmit any material that is unlawful, infringing, defamatory, or malicious; or
(f) interfere with or disrupt the integrity, security or performance of the Platform.
2.3 Authorised Users: You are responsible for your Authorised Users' access to and use of the Platform, for keeping account credentials secure, and for all acts and omissions of your Authorised Users as if they were your own.
3. Seats and user roles
3.1 The Platform offers the Seat types and access levels set out in Schedule 2. Each Authorised User requires a Seat of the applicable type.
3.2 You may add or remove Seats through the Platform. Added Seats are charged at the Fees set out in Schedule 2, in accordance with clause 4. You are responsible for assigning and managing Seats among your Authorised Users.
3.3 A person who accesses a project only through a Handover Link or a Takeoff Link is not an Authorised User and does not require a Seat (see clause 7).
4. Subscription, trial and fees
4.1 Subscription: The Platform is provided on a per-Seat subscription basis, for the Subscription Term and billed per Billing Period. The Fees for your Subscription are the fees for your selected Seat types and billing frequency displayed at checkout when you subscribe, as recorded in your account and set out in Schedule 2, as updated under clause 4.6. If there is any inconsistency between the Fees displayed at checkout when you subscribe (as updated under clause 4.6) and Schedule 2, the Fees displayed at checkout prevail. All Fees are in Australian dollars.
4.2 Trial: New customers may receive a free Trial for the period stated at sign-up (currently 14 days). The Trial does not require payment details. At the end of the Trial, unless you have subscribed, your account becomes read-only: you can still sign in, view and export your Customer Data, but you must add a payment method and subscribe before you can create or edit again. We do not automatically charge you or start a paid Subscription at the end of the Trial.
4.3 Billing and auto-renewal: The Subscription renews automatically at the end of each Billing Period on the applicable billing date until cancelled. By subscribing, you authorise us and the Payment Processor to charge the Fees (plus GST) to your nominated payment method for each Billing Period in advance.
4.4 Payments administered by Stripe: Fees are collected by our Payment Processor, Stripe. Card details are entered on Stripe's hosted pages. We do not receive or store your card number, and your use of Stripe's payment services is also subject to Stripe's terms.
4.5 GST: Unless stated otherwise, Fees are exclusive of GST. Where we make a taxable supply, you must pay the GST-exclusive amount plus GST. GST is added and collected automatically at checkout. Your ABN is collected at checkout and is held by us and by Stripe for tax and invoicing purposes, as described in our Privacy Policy.
4.6 Price changes: We may change the Fees on at least 30 days' prior notice to you. A price change takes effect from your next Billing Period after the notice period. If you do not accept a price increase, you may cancel under clause 5 before it takes effect.
4.7 Failed payment and deactivation: If a payment fails, we will attempt to notify you and allow a grace period of 7 days from the due date to update your payment method. If the Fees remain unpaid after the grace period, your account is deactivated until payment is made. While your account is deactivated, Platform features are blocked, but you can still sign in to access and export your Customer Data. Deactivation does not end your Subscription, delete your account or waive Fees accrued.
4.8 Refunds: Except where required by a Non-excludable Right (see clause 11), Fees are non-refundable. In particular, we do not provide refunds or credits for change of mind, for partial subscription periods, for Seats not used, or where you cancel part-way through a Billing Period. This clause does not limit any refund or remedy you are entitled to under the ACL for a failure to meet a consumer guarantee and does not affect any credit we provide under clause 5.5 or any refund we provide under clause 5.2.
5. Term, cancellation and termination
5.1 Term: These Terms begin when you first accept them or access the Platform and continue until cancelled or terminated.
5.2 Cancellation by you:
(a) You may cancel your Subscription at any time through the Platform or by contacting us by email via the details set out at clause 18.2.
(b) A cancellation made through the Platform is effective on submission. A cancellation request made by contacting us is effective when we confirm it: we will confirm within 2 Business Days of receiving it, failing which it is taken to be confirmed on the second Business Day after we receive it.
(c) Cancellation takes effect at the end of your then-current Billing Period. You will retain access until then, and no further Fees will be charged after that period (subject to clause 4.8).
(d) If you cancel under clause 5.2 in response to a change notified to you under clause 1.4, 4.6, 8.4(b), 9.8 or 12.3(b) and you cancel before that change takes effect, then, despite paragraph (c), cancellation takes effect immediately before the change takes effect, your access ends at that time, and we will refund any Fees you have prepaid for the period after cancellation takes effect.
5.3 Termination by us for cause: We may suspend or terminate your access immediately if you materially breach these Terms and (where the breach can be remedied) do not remedy it within 14 days of notice, or, to the extent permitted by law, if you become insolvent or are wound up.
5.4 Termination for convenience: We may terminate these Terms or discontinue the Platform on at least 30 days' notice to you. If we do so other than for your breach, we will refund any Fees you have prepaid for the period after termination.
5.5 Operational suspension and service credits:
(a) We may suspend or restrict access to the Platform (in whole or in part) where we reasonably consider it necessary for scheduled or urgent maintenance, to protect the security or integrity of the Platform or Customer Data, or to comply with law or the direction of a regulator or other authority.
(b) We will keep any suspension to the minimum duration reasonably necessary and, where practicable, give you advance notice.
(c) If the Platform as a whole is unavailable for more than 5 consecutive Business Days in a Billing Period because of a suspension under clause 5.5(a) or another cause within our reasonable control, we will, at your request, apply a pro-rata credit for the affected period against your future Fees.
(d) A credit is not available where the unavailability is caused by:
(i) suspension under clause 4.7 (non-payment) or clause 5.3;
(ii) unavailability of an AI Agent;
(iii) a compatibility matter described in clause 9.8; or
(iv) an event described in clause 18.3.
(e) A credit under this clause is in addition to, and does not limit, your Non-excludable Rights or clause 11.
5.6 Effect of termination: On termination or expiry:
(a) your licence, your Authorised Users' access and all AI Agent connections under clause 9 end;
(b) your account becomes deactivated: you can sign in to access and export your Customer Data (we recommend you export Submissions and any records you may later need as soon as practicable), until your account and Customer Data are deleted in accordance with clause 10.5 and our Privacy Policy. Once deleted, Customer Data cannot be recovered or provided; and
(c) Submissions are retained as long-term records in accordance with clause 10.4.
5.7 Survival: Clauses 4.8, 5.6, 5.7, 9.4, 9.5, 9.6, 10, 11, 12, 13, 14, 15, 18 and 19, and any clause that by its nature should survive, survive termination or expiry.
6. Acceptable use and account security
6.1 You must use the Platform only for lawful construction estimating and tendering purposes and in accordance with these Terms.
6.2 You must not use the Platform to infringe any person's rights, breach any law, or upload material you are not authorised to upload.
6.3 One session per user: Each Authorised User is permitted one active login session at a time. Seat credentials must not be shared between individuals. We may treat concurrent-session activity or credential sharing as a breach of clause 2.2(a).
6.4 You are responsible for the security of your account and credentials and must notify us promptly of any suspected unauthorised access.
7. Sharing features
7.1 Handover Links: The Platform allows an administrator to generate a Handover Link giving any person with the link read-only access to a project summary (including a pricing summary, scope, plan images, measurements and winning subcontractor names) without logging in.
7.2 Your decision and responsibility (Handover Links): Creating and sharing a Handover Link is the Customer's decision and responsibility. You control whether to generate a link and its revocation. A Handover Link automatically expires 30 days after it is created and cannot be set never to expire. You may revoke or regenerate a link at any time, which immediately disables the previous link. Only one active link exists per project at a time.
7.3 To the maximum extent permitted by law and subject to clause 11, we are not liable for any consequence of the Customer's decision to create, share, or leave active a Handover Link or Takeoff Link, or for any access to or input of project information by a person to whom the Customer has made a link available.
7.4 Takeoff Links: The Platform allows an administrator to generate a Takeoff Link giving a person you nominate (such as a takeoff worker) access to a limited version of the Platform to input specific project data (such as takeoff measurements) for a project, without a Seat and without access to the rest of your account.
7.5 Your decision and responsibility (Takeoff Links):
(a) Creating and sharing a Takeoff Link is the Customer’s decision and responsibility. You control who receives a Takeoff Link, you must set its expiry period, and you may revoke it at any time, which immediately disables it.
(b) You can monitor all inputs and progress under a Takeoff Link through the Platform at any time.
(c) You are responsible for the acts and omissions of any person who accesses the Platform through a Takeoff Link as if that person were an Authorised User, and data input through a Takeoff Link forms part of your Customer Data.
7.6 Live collaboration: The Platform allows multiple Authorised Users to work on a project at the same time, sharing presence and cursor position. You are responsible for the access you grant your Authorised Users.
7.7 Certain sharing features may not be available in all plans, and some features described in our materials may not yet be active.
8. Plan Reading Feature
8.1 What it does: The Platform uses an AI Provider to read plan page images and extract text from them, so that plans are indexed and searchable within the Platform. We send the AI Provider plan page images and text machine-transcribed from those plans for this purpose: no staff names, email addresses, login details, chat content or user-typed text are sent. The Platform does not include a built-in AI assistant, AI scope drafting or text tidy-up feature.
8.2 Current AI Provider: Our current AI Provider for the Plan Reading Feature is Google (Gemini). We may change or add AI Providers from time to time, provided any replacement or additional provider is a reputable provider of comparable services and is engaged on terms that treat the relevant data as described in our Privacy Policy. We will update our Privacy Policy to reflect any change.
8.3 Extracted text is assistive only:
(a) Text extracted by the Plan Reading Feature is generated automatically, may be incomplete or inaccurate, and is not a substitute for the professional judgment of a qualified estimator.
(b) You are responsible for independently checking and verifying all extracted text before relying on it or including it in any estimate, tender or Submission.
(c) To the maximum extent permitted by law and subject to clause 11, we do not warrant the accuracy, completeness or fitness of any extracted text and are not liable for your reliance on it.
8.4 AI Provider availability:
(a) The Plan Reading Feature depends on services supplied by the AI Provider, which we do not control. If the AI Provider ceases to offer the relevant service, materially changes it, or suspends or restricts our access to it, we may suspend, modify or withdraw the Plan Reading Feature, and we will use reasonable endeavours to engage a replacement AI Provider in accordance with clause 8.2.
(b) Subject to clause 11 and to the maximum extent permitted by law, we are not liable for any Loss arising from the unavailability of, or a change to, the AI Provider's services or the Plan Reading Feature. If we permanently withdraw the Plan Reading Feature, we will give you reasonable prior notice and clause 1.4 applies.
8.5 Our handling of data sent to an AI Provider is described in our Privacy Policy.
9. Bring-your-own AI: AI Agents and the MCP Connector
9.1 What the MCP Connector does: The MCP Connector allows the Customer to connect an AI Agent of its choice (for example, an AI assistant such as Claude or ChatGPT) to the Customer’s data in the Platform over an authorised connection. We provide the connection only: we do not provide, select, operate or control any AI Agent, and no AI Agent is part of the Platform.
9.2 Off by default; two-level consent: AI Agent access is disabled by default. It operates only if:
(a) a Customer administrator enables it at company level (with a choice of read-only or read-and-write access); and
(b) the individual Authorised User approves the specific AI Agent application through the consent screen presented when connecting (with write access requiring a separate opt-in).
(c) The Customer administrator or the Authorised User may revoke company-level access or an individual connection at any time through the Platform, and revocation takes effect immediately for new requests.For clarity, the controls in this clause 9.2 apply only to AI Agents connected through the MCP Connector. They do not affect the Plan Reading Feature, which is part of the Platform, is not an AI Agent, and operates under clause 8 whether or not AI Agent access is enabled.
9.3 What an AI Agent can access:
(a) A connected AI Agent acts with the access rights of the Authorised User who connected it, subject to the access level enabled under clause 9.2. Where read access is enabled, an AI Agent can read project details and status, estimates (including trade structure, quantities, rates, markups and totals), subcontractor quotes and selections, subcontractor names and the Customer’s quote history, plan images and extracted plan text, and project notes.
(b) Where write access is enabled, an AI Agent can add scope items, quotes, subcontractor directory contacts, notes and takeoff measurements, update a limited set of permitted fields, set a plan sheet's scale where none has been set, and change or delete records it has itself created. We have implemented restrictions designed to prevent it from deleting or changing any record created or edited by a person, restructuring an estimate, or modifying Submissions, plan drawings, users or settings. However, you should still proceed with care, and you remain responsible for reviewing an AI Agent's changes (clause 9.6).
(c) Every record created by an AI Agent is marked as AI-created, and every change is recorded in an audit log with prior values, which is designed to allow any change to be identified and reversed.
9.4 Your decision and responsibility: Connecting an AI Agent, and keeping it connected, is the Customer’s decision and responsibility. You acknowledge that
(a) data that a connected AI Agent reads is transmitted to the AI Agent’s provider, which is a provider you (not we) have selected and engaged;
(b) that provider’s handling of the data (including where it is processed, whether it is retained, and whether it is used for model training) is governed by your own agreement with that provider, not by these Terms or our Privacy Policy, and you are solely responsible for that agreement, including its terms and any fees payable under it;
(c) that provider is not our sub-processor or service provider, and we are not responsible for its acts, omissions or data handling; and
(d) to the maximum extent permitted by law and subject to clause 11, we are not liable for any consequence of your decision to connect, use or keep connected an AI Agent, including any disclosure of Customer Data to the AI Agent’s provider.
9.5 Third-party personal information:
(a) Data read by a connected AI Agent may include personal information about third parties (such as subcontractor and client names and contact details) and plan images. You warrant that you have the right and any necessary authority or basis to disclose that information to your chosen AI Agent provider. Clause 10.3 applies to that disclosure as if it were a processing instruction given by you.
(b) You are also responsible for your own compliance with the Privacy Act 1988 (Cth) in connection with your use of an AI Agent, including any automated decision-making transparency disclosures required in your own privacy policy or notices.
9.6 AI Agent output and changes:
(a) Anything an AI Agent creates or changes in your account is your responsibility to review before relying on it.
(b) AI Agent writes are marked, audited and reversible as described in clause 9.3, and we recommend you review them.
(c) The quality of any output or change made by an AI Agent depends on the AI Agent you choose, and an AI Agent with write access may modify or delete records it previously created.
(d) To the maximum extent permitted by law and subject to clause 11, we do not warrant the accuracy, completeness or fitness of any output or change made by an AI Agent, and are not liable for your reliance on it.
9.7 Suspension of the MCP Connector: We may suspend, limit or disable the MCP Connector, or a particular AI Agent connection, where we reasonably consider it necessary for security, integrity, legal or abuse-prevention reasons. We will restore access when the issue is resolved and will notify you where practicable.
9.8 Availability and compatibility:
(a) We do not warrant that the MCP Connector will be continuously available, or that it will remain compatible with any particular AI Agent: third-party AI applications and the connection protocols they use change over time, and we do not control them. We are not responsible for the availability or performance of any AI Agent.
(b) Clause 12.2 applies to the MCP Connector as part of the Platform.
(c) If we materially change or withdraw the MCP Connector, we will give you reasonable prior notice and clause 1.4 applies as if the change were a material change to these Terms. Nothing in this clause limits clause 11.
9.9 Privacy: The privacy aspects of AI Agent connections (including cross-border transfers directed by you) are described in our Privacy Policy.
10. Customer Data, content and intellectual property
10.1 Ownership of Customer Data: As between you and us, you own your Customer Data. We do not claim ownership of it.
10.2 Licence to us: You grant us a non-exclusive, worldwide licence to host, copy, process, transmit and display Customer Data to the extent necessary to provide and support the Platform (including the Plan Reading Feature and, where you enable it, the operation of the MCP Connector) and to comply with law. This licence continues while you use the Platform and to the limited extent needed to retain Submissions and comply with clause 10.
10.3 Third-party personal information: Where you input personal information about third parties (such as subcontractors or clients), you warrant that you have the right and any necessary authority or basis to provide that information to us for processing through the Platform, and that our processing of it on your instructions will not breach any law. As between the parties, you are the entity responsible for that information and we act on your instructions in relation to it, as set out in Schedule 1.
10.4 Submissions as long-term records:
(a) While your account is active, you can delete Submissions from the Platform. If your account is closed, terminated or deleted, you acknowledge that Submissions are treated as long-term contractual and business records which are not deleted on account closure, termination or deletion, and are retained in accordance with our Privacy Policy. If you delete a Submission, we no longer hold it and cannot produce it later for you or anyone else, including in a dispute.
(b) Except for your ability to delete a Submission under paragraph (a), this clause applies despite any other data deletion right in these Terms.
(c) Retention under this clause is for our own record-keeping, compliance and legal purposes: it is not an archival, backup or records-custody service, and it does not oblige us to retain any record for your benefit or to make it available to you after your account closes.
(d) You are responsible for exporting and keeping your own copies of Submissions and any other Customer Data you may need after your account closes (including for disputes, insurance or regulatory purposes) as provided under clause 5.6(b).
(e) Subject to clause 11, we are not liable for any Loss arising from your failure to keep your own copies, or from the unavailability, destruction or de-identification of any record after your account closes.
10.5 Data deletion:
(a) You or your administrator may request deletion, which we will review and action in accordance with our Privacy Policy (subject to clause 10.4 and our retention obligations).
(b) Where an individual Authorised User is deleted, their work product remains in your account and the authorship link is removed.
(c) If you request deletion of your account, your account and Customer Data are deleted 30 days after your request, except for information retained under clause 10.4 or our Privacy Policy.
(d) If your account is deactivated (clause 4.7) or your Subscription has ended, and your account then remains inactive for 2 years, we may delete your account and Customer Data on reasonable prior notice, unless we are required or permitted by law to retain them.
(e) Once your account and Customer Data are deleted, they cannot be recovered.
10.6 Backups:
(a) We do not provide a backup, archival or disaster-recovery service to you: you are solely responsible for backing up and exporting your Customer Data (see clauses 5.6 and 10.4).
(b) Any backups we maintain are for our own operational and business-continuity purposes only and do not create any obligation to restore Customer Data for you, although we may, in our discretion, attempt to restore data from them.
(c) Subject to clause 11 and to the maximum extent permitted by law, we are not liable for any Loss arising from your failure to keep your own backups.
10.7 Aggregated and de-identified data: We may create and use aggregated or de-identified data derived from use of the Platform for operating, securing, analysing and improving the Platform, provided it does not identify you or any individual.
10.8 Our IP: We (and our licensors) own all Intellectual Property Rights in the Platform, its software, and our trade marks. Except for the licence in clause 2, no rights in the Platform are granted to you.
10.9 Feedback:
(a) If you or your Authorised Users give us feedback, ideas or suggestions about the Platform (Feedback), you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable licence (including the right to sublicense) to use, reproduce, modify, adapt and commercialise the Feedback without obligation or compensation to you.
(b) As between the parties, we own all Intellectual Property Rights in anything we create, develop or modify using or incorporating Feedback (including any improvement to the Platform), and nothing so created is Customer Data or your Confidential Information.
(c) This clause does not transfer ownership of your Customer Data.
(d) To the extent you or your Authorised Users hold moral rights in material provided to us, each consents (so far as permitted by the Copyright Act 1968 (Cth)) to us using that material as contemplated by these Terms. Moral rights are not assigned.
11. Australian Consumer Law
11.1 Nothing in these Terms excludes, restricts or modifies any Non-excludable Right. Where a Non-excludable Right applies and cannot be limited, the other provisions of these Terms apply subject to it.
11.2 To the extent we are able to limit our liability for a failure to comply with a consumer guarantee (where the goods or services are not of a kind ordinarily acquired for personal, domestic or household use), our liability is limited, at our option, to re-supplying the services or paying the cost of having them re-supplied, under s 64A of the ACL.
12. Warranties and disclaimers
12.1 Each party warrants that it has the authority to enter into these Terms.
12.2 Subject to clause 11 and to the maximum extent permitted by law, the Platform is provided “as is” and “as available”, and we do not warrant that it will be uninterrupted, error-free, secure, or that it will meet your requirements.
12.3 Changes to the Platform:
(a) We may add to, change or remove Platform functionality from time to time, including to improve the Platform, respond to security or operational needs, or reflect changes in technology or law.
(b) We will give you reasonable prior notice of any change that materially reduces the core functionality of the Platform, and clause 1.4 applies to that change as if it were a material change to these Terms. Subject to clause 11 and to the maximum extent permitted by law, we are not liable for any Loss arising from any addition to, change to or removal of Platform functionality.
13. Limitation of liability
13.1 Excluded loss: Subject to clause 11, and to the maximum extent permitted by law, neither party is liable to the other for any loss of profit, loss of revenue, loss of anticipated savings, loss of or corruption of data, loss of goodwill, or any indirect or consequential Loss, arising out of or in connection with these Terms or the Platform, whether in contract, tort (including negligence), statute or otherwise.
13.2 Cap: Subject to clauses 11 and 13.3, and to the maximum extent permitted by law, each party's total aggregate liability arising out of or in connection with these Terms is limited as follows:
(a) for liability for a breach of confidentiality or of privacy obligations: the greater of 2 times the total Fees paid by the Customer in the 12 months before the event giving rise to the liability, and $2,000; and
(b) for all other liability: the greater of the total Fees paid by the Customer in the 12 months before the event giving rise to the liability, and $100.
(c) This clause does not limit liability for fraud, or any liability that cannot lawfully be limited (including under a Non-excludable Right), and does not limit the Customer’s indemnity in clause 14.
13.3 Carve-outs from the cap: The cap in clause 13.2 does not apply to liability for: fraud; death or personal injury caused by a party's negligence; the Customer's liability to pay the Fees; the Customer's indemnity in clause 14; or a party's infringement of the other's Intellectual Property Rights.
14. Indemnity
14.1 To the maximum extent permitted by law, the Customer indemnifies us against any Loss we suffer or incur arising out of or in connection with:
(a) the Customer's or its Authorised Users' breach of clause 2.2 (restrictions), clause 6 (acceptable use), clause 9.5 (third-party personal information disclosed to an AI Agent) or clause 10.3 (third-party personal information);
(b) the Customer's decision to create, share or leave active a Handover Link;
(c) the Customer’s connection or use of an AI Agent, or any act or omission of an AI Agent connected by the Customer or its Authorised Users; or
(d) any claim by a third party that Customer Data, or our processing of it on the Customer's instructions, infringes that third party's rights or breaches any law.
14.2 The Customer's liability under clause 14.1 is reduced to the extent our own negligence or breach caused the Loss.
15. Confidentiality
15.1 Each party must keep the other's Confidential Information confidential and use it only to exercise its rights and perform its obligations under these Terms, except where disclosure is required by law or to a professional adviser bound by confidentiality.
15.2 This clause does not prevent us from handling Customer Data as permitted by these Terms and our Privacy Policy, or from transmitting Customer Data to an AI Agent at the Customer’s direction under clause 9.
16. Security and operations
16.1 We maintain the security measures described in our Privacy Policy, including isolating Customer Data at the database level so it is not accessible across customers, hosting primary data in Australia, and encrypting data in transit.
16.2 You acknowledge that our staff designated as platform administrators can access customer accounts and data through administrative tools for support, account management and operating the Platform, as described in our Privacy Policy.
16.3 No method of transmission or storage is completely secure. Subject to clause 11, our security obligations are as described in our Privacy Policy and do not amount to a guarantee against every possible security event.
16.4 MCP Connector security: The MCP Connector is hosted in Australia, holds no privileged credentials and stores no Customer Data: it passes each request through using the connecting Authorised User’s own access token, so every read and write by an AI Agent is enforced by database-level access controls as that user.
17. Support
17.1 Support level: We provide Support at the level (if any) set out for your plan in Schedule 2 or displayed at checkout when you subscribe. Some plans include Support and some do not. Where your plan does not include Support, Support is not part of the services we supply to you under these Terms.
17.2 How Support is provided: Where your plan includes Support, we provide it in accordance with the Support Policy. The Support Policy sets out what Support covers, the channels and hours, any target response times, your responsibilities, and the limits and exclusions that apply.
17.3 Changes to Support: We may update the Support Policy from time to time. Clause 17.3 applies to any change that materially reduces the Support included in your plan.
17.4 This clause and the Support Policy are subject to clause 11 (Australian Consumer Law).
17.5 To the extent of any inconsistency about Support, the Support level, limits and Fees set out for your plan in Schedule 2 or at checkout prevail, then this clause, then the Support Policy.
17.6 Onboarding:
(a) We may (but are not obliged to) provide assistance with initial set-up and onboarding of the Platform, including general guidance on connecting an AI Agent.
(b) Any onboarding assistance, and any recommendation or comment we make about an AI Agent or other third-party product or service, is general information only and is not advice: you must make your own assessment, and you remain responsible for your configuration and connection choices, including your choice of AI Agent (see clause 9.4).
(c) Subject to clause 11 and to the maximum extent permitted by law, we are not liable for any Loss arising from onboarding assistance or any such recommendation.
18. General
18.1 Assignment: You must not assign or novate these Terms without our prior written consent. We may assign or novate these Terms, including on a sale of our business, on notice to you.
18.2 Notices:
(a) A notice or other formal communication under this Agreement must be in writing and may be given by email or by in-Platform notice.
(b) An email is taken to be received 1 Business Day after it is sent, unless the sender receives an automated message indicating that the email was not delivered, in which case the email is not taken to be received and the notice must be given again by another method permitted under this clause.
(c) An in-Platform notice is taken to be received when it is made available to the recipient through the Platform.
(d) Email notices to us must be sent to mailto:support@estimator.plus. Email notices to you will be sent to the email address associated with your account, which you must keep current.
18.3 Force majeure: Neither party is liable for delay or failure to perform (other than an obligation to pay money) caused by an event beyond its reasonable control, provided it takes reasonable steps to mitigate the delay or failure.
18.4 Dispute resolution: Before starting proceedings (other than for urgent interlocutory relief), a party must notify the other of the dispute and the parties must attempt in good faith to resolve it, including by senior representatives conferring within 14 days.
18.5 Relationship: The parties are independent contractors. Nothing in these Terms creates a partnership, agency, employment or fiduciary relationship.
18.6 Waiver and variation: A waiver must be in writing. Except for changes we make under clause 1.4, a variation must be in writing.
18.7 Severability: Any term that is void or unenforceable is severed, and the rest of these Terms continue.
18.8 Entire agreement: These Terms (including the Privacy Policy, Support Policy, Schedule 1 and Schedule 2) are the entire agreement between the parties about their subject matter and supersede all prior agreements and representations.
18.9 Governing law and jurisdiction: These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.
19. Definitions and interpretation
19.1 Definitions
Unless the context requires otherwise, capitalised terms have the meanings set out below:
ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
AI Agent means an artificial intelligence application or agent (such as an AI assistant or coding agent) that the Customer or an Authorised User selects and connects to the Platform through the MCP Connector, as described in clause 9.
AI Provider means a third-party provider of artificial intelligence processing services engaged by us to deliver the Plan Reading Feature, as described in clause 8 and our Privacy Policy.
Authorised User means an individual (including an employee or contractor of the Customer) whom the Customer permits to access the Platform under a Seat, including administrators, members and viewers.
Billing Period means the billing frequency selected at checkout for your Subscription (currently monthly), as shown in your account.
Business Day means a day other than a Saturday, Sunday or public holiday in Victoria, Australia.
Confidential Information means information that is by its nature confidential or is designated as confidential by a party, but does not include information that is or becomes public other than through a breach of these Terms, or is independently developed or lawfully obtained without breach of an obligation of confidence.
Customer Data means all data, content and materials that the Customer or its Authorised Users input, upload or generate through the Platform (including through a connected AI Agent), including plan images, measurements, pricing, project notes and third-party contact details or information, but excluding our Platform, our IP, and aggregated or de-identified data as described in clause 10.7.
Fees means the subscription fees and other amounts payable for the Platform, as set out in Schedule 2 (as updated under clause 4.6).
GST means goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Handover Link means a read-only web link generated by the Customer that gives any person with the link access to a project summary without logging in, as described in clause 7.
Intellectual Property Rights means all intellectual property rights, including copyright, trade marks, designs, patents, and rights in confidential information and know-how, whether registered or unregistered.
Loss means any loss, damage, cost, expense, charge or liability, however arising.
MCP Connector means the connector made available by us through which an AI Agent may access Customer Data in the Platform, as described in clause 9.
Non-excludable Right means a guarantee, right, or remedy conferred by the ACL or any other law that cannot lawfully be excluded, restricted or modified by agreement.
Payment Processor means Stripe, our third-party payment processor, and any replacement we notify to you.
Plan Reading Feature means the feature of the Platform that uses an AI Provider to read plan page images and extract text for indexing and search, as described in clause 8.
Platform means our cloud-based construction estimating and tendering software, including the Plan Reading Feature and the MCP Connector as updated from time to time.
Seat means a licensed right for one named Authorised User to access the Platform at the applicable Seat type and price, as set out in Schedule 2.
Subscription means the Customer's ongoing right to access the Platform under a paid plan, as described in clause 4.
Submission means a tender, estimate or project record that the Customer finalises and submits, or marks as submitted, through the Platform, together with its associated snapshot of pricing, scope, measurements and plan images at the time of submission.
Subscription Term means the ongoing term of your Subscription, which begins when your Subscription begins and continues until your Subscription is cancelled or terminated under clause 5.
Support means the assistance we provide to help you use the Platform, at the level (if any) specified for your plan in Schedule 2 or displayed at checkout, provided in accordance with the Support Policy.
Support Policy means our support policy available at estimator.plus/support-policy, as updated from time to time under clause 12.3.
Takeoff Link means a web link generated by the Customer that gives a person nominated by the Customer limited access to the Platform to input specific project data, as described in clause 7.
Trial means the free trial period described in clause 4.2.
19.2 Interpretation
In these Terms, unless the contrary intention appears:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and vice versa;
(c) the words “including”, “such as” and similar expressions are not words of limitation;
(d) a reference to a party includes its permitted successors and assigns;
(e) a reference to a law includes that law as amended, consolidated or replaced, and any subordinate legislation made under it;
(f) a reference to a clause, schedule or party is a reference to a clause or schedule of, or a party to, these Terms;
(g) a reference to a document (including these Terms) includes any amendment or replacement of it;
(h) a reference to currency is to Australian dollars, and all amounts payable are payable in Australian dollars;
(i) where a word or phrase is defined, its other grammatical forms have a corresponding meaning; and
(j) no rule of construction applies to the disadvantage of a party because that party prepared these Terms or any part of them.
Schedule 1 — Data Processing Schedule
- Roles
For personal information in Customer Data (including third-party contact details and project content), the Customer is the entity that determines the purposes and means of processing, and we process that information on the Customer's documented instructions (including these Terms and use of the Platform). For our own account, Authorised User and billing information, we act on our own behalf.
- Purpose and instructions
We process Customer Data personal information only to provide, support, secure and operate the Platform (including the Plan Reading Feature and the MCP Connector), and as required by law.
- Sub-processors
We engage the sub-processors described in the Privacy Policy (currently Supabase, Google (Gemini, plan reading only), Cloudflare R2, Resend, Stripe and Fly.io) to help deliver the Platform. We remain responsible to you for their handling of Customer Data to the extent required by law.
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Customer-connected AI Agents
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An AI Agent provider connected by the Customer under clause 9 is engaged by the Customer, not by us, and is not our sub-processor. Data transmitted to it through the MCP Connector is transmitted at the Customer’s direction, and its handling of that data is governed by the Customer’s own agreement with that provider.
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Overseas disclosure (APP 8)
Some processing occurs outside Australia (including the United States and the Asia-Pacific region), as described in the Privacy Policy. We take reasonable steps to ensure overseas recipients we engage handle personal information consistently with the Australian Privacy Principles. Disclosures to a Customer-connected AI Agent provider are made at the Customer’s direction, and the Customer is responsible for where that provider processes the data.
- Security
We maintain the security measures described in clause 16 and the Privacy Policy.
- Return and deletion
On termination, Customer Data is dealt with in accordance with clause 5.6 and clause 10, subject to retention of Submissions and deletion-request audit records and the AI Agent audit log.
- Assistance
We will provide reasonable assistance to the Customer in responding to requests from individuals to access or correct their personal information, and in relation to data breaches affecting Customer Data, consistent with the Privacy Act 1988 (Cth).
Schedule 2 — Seats and Fees
The Seat types, access levels and Fees for the Platform, referred to in clauses 3 and 4. We may update this schedule from time to time in accordance with clause 4.6.
Seat types and access levels
| Seat type | Access level | Support | Fee (AUD) | Basis |
|---|---|---|---|---|
| Estimator Seat (administrator / member) | Full access to the Customer's projects | Standard | $450 | per Seat, per month |
| Viewer Seat | Read-only access | Standard | $150 | per Seat, per month |
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All Fees are in Australian dollars and are exclusive of GST, which is added at checkout in accordance with clause 4.5.
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A free Trial applies to new customers in accordance with clause 4.2.
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Fees are billed in advance for each Billing Period via the Payment Processor and are non-refundable except as set out in clauses 4.8, 5.2 and 5.5 and subject to the Australian Consumer Law (clause 11).
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There are no usage-based, credit or metered charges: pricing is flat per-Seat for the Billing Period selected at checkout. Use of the MCP Connector and the Plan Reading Feature is included in the Seat Fees.
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Standard Support is email and in-Platform Support during the support hours set out in the Support Policy, subject to our Support Policy. Support exclusions are as set out in the Support Policy.