These Terms and Conditions govern your access to and use of Constructions Pilot. By signing up, you agree to be legally bound by these Terms.
1. About Constructions Pilot
Constructions Pilot is operated by Constructions Pilot, ABN 87 366 101 186, based in Lalor, Victoria 3075, Australia ("Constructions Pilot", "we", "us", or "our"). It is a software-as-a-service platform designed for construction professionals, estimators, builders, contractors, and related business users. The Services may include tools and workflows for BOQ management, estimating, project information management, exports, subscription management, supplier workflows, purchase workflows, reporting, and related integrations.
2. Definitions
- Account — a registered user account used to access the Services.
- AI Features — any artificial intelligence, machine learning, automated suggestion, predictive, or AI-assisted functionality, including AI-assisted takeoffs, cost suggestions, and quantity predictions.
- Beta Services — any feature, functionality, or part of the platform identified as beta, pilot, preview, trial, early access, test, or not yet generally released.
- Customer Data — any data, content, files, documents, project information, BOQ items, pricing information, supplier information, reports, uploads, communications, or other materials submitted, uploaded, created, stored, generated, or processed by or on behalf of you.
- Fees — all subscription fees, add-on fees, user seat fees, setup fees, onboarding fees, usage fees, and any other amounts payable.
- Force Majeure Event — any event or circumstance beyond a party's reasonable control, including acts of God, natural disasters, pandemics, epidemics, government actions, war, terrorism, civil unrest, strikes, internet or telecommunications infrastructure failures, hosting provider outages, power failures, or regulatory changes.
- Services — the Constructions Pilot website, platform, software, tools, applications, modules, exports, content, integrations, and related services.
- Third-Party Services — products, services, software, APIs, infrastructure, gateways, storage, hosting, payment processors, authentication tools, communications tools, accounting systems, or other services provided by third parties, including Stripe, Xero, MYOB, and similar providers.
- Website — the websites at constructionspilot.com and constructionspilot.com.au, and any associated subdomains or related online properties.
3. Eligibility and Intended Use
The Services are intended primarily for business and professional use by construction industry participants and related commercial users. You must be at least 18 years old and legally capable of entering into a binding contract. You must not use the Services if your access or use would breach any applicable law or regulation; you are prohibited from receiving the Services under applicable sanctions or export control laws; or you have previously been suspended or removed from the Services without our express written permission to return.
4. Changes to These Terms and Conditions
We may update these Terms and Conditions from time to time. If we make material changes, we may provide notice by posting the updated version on the Website, through the platform, by email, or by another reasonable method. Your continued use of the Services after the updated Terms and Conditions take effect constitutes your acceptance of the revised version.
5. Account Registration and Security
To access certain features, you may be required to create an Account. You agree to: provide accurate, current, and complete information; keep your Account information up to date; maintain the confidentiality of your login credentials and access methods; ensure your Account is accessed only by authorised persons; and notify us promptly at
admin@constructionspilot.com if you become aware of unauthorised access, misuse, or a security incident. You are responsible for all activities carried out through your Account.
6. Licence to Use the Services
Subject to these Terms and Conditions and payment of any applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your internal business purposes. You must not: sell, resell, rent, lease, distribute, sublicense, or commercially exploit the Services; copy, modify, reverse engineer, decompile, disassemble, or attempt to extract source code from the Services; use the Services to develop or support a competing product or service; remove or alter any copyright, trade mark, proprietary, or branding notices; or use the Services for unlawful, fraudulent, harmful, or abusive purposes.
7. Beta Services and Platform Status
Constructions Pilot may include Beta Services. You acknowledge and agree that: the platform, or parts of it, may still be evolving, under validation, under active development, or in beta or pilot form; Beta Services may contain bugs, faults, security vulnerabilities, interruptions, delays, incomplete functionality, or other errors; features, outputs, workflows, integrations, availability, pricing, limits, and functionality may be added, changed, restricted, suspended, or removed at any time without notice; Beta Services may not operate as expected and may not be suitable for critical or uninterrupted business use; and your use of Beta Services is at your own risk to the maximum extent permitted by law. We are not obliged to continue, support, maintain, or release any Beta Services in their current form or at all.
8. Service Availability, Delays, Faults, and Maintenance
We aim to make the Services available and functional, but we do not guarantee that the Services will be uninterrupted, error-free, secure, timely, accurate, complete, or continuously available. Access may be affected by bugs, faults, errors, outages, downtime, interruptions, delays, degraded performance, scheduled or unscheduled maintenance, updates, cyber incidents, failures of Third-Party Services, and Force Majeure Events. To the maximum extent permitted by law, we are not responsible for losses, delays, missed deadlines, project disruption, tender delays, procurement delays, reporting delays, business interruption, or missed opportunities arising from platform faults, downtime, maintenance, or interruptions. We may suspend, limit, or restrict access to the Services at any time where reasonably necessary for maintenance, security, legal compliance, operational reasons, risk management, system protection, or investigation of suspected misuse.
8A. Force Majeure
Neither party will be liable to the other for any failure or delay in performing its obligations to the extent that such failure or delay is caused by a Force Majeure Event, provided that the affected party notifies the other party as soon as reasonably practicable after becoming aware of the Force Majeure Event; the affected party uses reasonable efforts to mitigate the impact; and the Force Majeure Event is not caused by the affected party's negligence, wilful misconduct, or breach of these Terms and Conditions. If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate the affected Services by written notice, without liability, except for Fees already due and payable.
9. No Professional Advice and Independent Verification
Constructions Pilot is a software tool only. The Services do not constitute, and must not be relied upon as, engineering advice, quantity surveying advice, estimating certification, procurement advice, legal advice, accounting advice, tax advice, financial advice, compliance advice, contract administration advice, or any other professional advice. Any information, outputs, reports, quantities, calculations, BOQ items, supplier data, purchase order data, exports, comparisons, synced information, AI-assisted suggestions, or other materials made available through the Services are provided for general workflow and information purposes only. You are solely responsible for independently reviewing, validating, and verifying all information and outputs before relying on them. You must obtain independent professional advice where appropriate.
9A. Artificial Intelligence Features
The Services may include or incorporate AI Features from time to time. You acknowledge and agree that: AI Features are provided as workflow assistance tools only and do not constitute professional advice of any kind; AI outputs, suggestions, predictions, takeoffs, cost estimates, quantity recommendations, and related results are not guaranteed to be accurate, complete, current, or fit for any particular purpose; AI outputs may reflect limitations, biases, or errors in underlying training data, models, or algorithms; AI outputs must be independently reviewed, validated, and verified by a qualified professional before being relied upon for any business, construction, procurement, tendering, contractual, or financial decision; we are not responsible for any loss, damage, cost, or liability arising from your reliance on AI outputs without independent verification; and AI Features may be modified, restricted, suspended, or discontinued at any time without notice.
10. Customer Data and User Responsibilities
You retain ownership of your Customer Data. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, copy, transmit, display, back up, adapt, and otherwise use Customer Data as reasonably necessary to provide and operate the Services, maintain, secure, troubleshoot, and improve the Services, perform support and administrative functions, comply with legal obligations, enforce these Terms and Conditions, and carry out integrations or workflows requested by you. You are solely responsible for the legality, accuracy, completeness, quality, and reliability of Customer Data; ensuring you have all rights, permissions, notices, and consents required; maintaining independent backups of critical business records and documents; reviewing all imported, exported, synced, and generated data before relying on it; managing your internal user permissions and access rights; and the conduct and use of the Services by your personnel, contractors, invitees, and authorised users.
11. Data Loss, Corruption, Exports, and Sync Issues
Although we use reasonable safeguards, no online platform can be guaranteed to be fully secure, uninterrupted, or error-free. To the maximum extent permitted by law: we do not guarantee that Customer Data will never be lost, corrupted, delayed, duplicated, deleted, misdirected, or become inaccessible; we are not responsible for failed imports, failed exports, sync mismatches, duplicate entries, formatting issues, transmission errors, data corruption, or inaccessible files; and you are responsible for maintaining your own backups and continuity arrangements for important data and business records.
12. Acceptable Use
You must not, and must not permit any other person to: use the Services unlawfully or in breach of any applicable law or regulation; upload or distribute viruses, malware, ransomware, malicious code, or harmful content; interfere with, disrupt, damage, test, or compromise the security, integrity, or performance of the Services; access accounts, systems, or data without authorisation; probe, scan, or test vulnerabilities without our prior written consent; use the Services to infringe privacy, confidentiality, intellectual property, or other legal rights; send deceptive, abusive, harassing, unlawful, or spam communications using the Services; use automated scraping, extraction, bots, or similar methods except where expressly authorised; or misrepresent your identity, authority, affiliation, or business credentials.
13. Subscription Plans, Billing, and Fees
Certain features of the Services are provided on a subscription, plan, usage, or add-on basis. You agree to pay all applicable Fees for the plan, subscription, add-ons, seats, onboarding services, or other features selected by you. Unless stated otherwise, Fees are exclusive of applicable taxes, duties, levies, and government charges; you are responsible for any GST, VAT, sales tax, withholding tax, or similar taxes. We may offer free plans, trial access, beta access, promotional discounts, extra user seats, item packs, add-ons, and onboarding offers — any such arrangement may be changed, limited, withdrawn, or discontinued by us at any time. If your subscription renews automatically, you authorise us or our payment processor to charge the applicable Fees to your nominated payment method at each renewal period until cancellation. If payment is unsuccessful or overdue, we may retry payment, suspend or downgrade your access, restrict features, cancel the relevant subscription, and recover outstanding amounts by lawful means. We may change pricing, plans, features, inclusions, limits, and billing structures from time to time.
14. Refunds
Except where required by applicable law or expressly stated by us in writing: Fees are non-refundable; partial billing periods are not refunded; unused subscriptions, unused seats, and unused add-ons are not refundable; and onboarding, setup, and implementation fees are non-refundable once delivered or commenced. Australian Consumer Law: Nothing in this clause affects your rights under the Australian Consumer Law where a major failure occurs. Where a major failure occurs, you may be entitled to a refund or other remedy as provided by law.
15. Free Plans, Trial Access, and Promotions
We may provide free access, trial access, beta access, promotional access, or discounted access at our discretion. Such access may be subject to restrictions including feature limits, storage caps, user caps, item limits, project limits, branding, advertising, or other conditions. We may modify, suspend, or terminate free or promotional access at any time unless prohibited by law. At the end of a trial or promotional period, your access may convert to a paid subscription if that was disclosed at sign-up, or access to certain features may be reduced or disabled until payment is made.
15A. Account Inactivity and Dormant Accounts
If your Account has been inactive for a continuous period of 12 months or more, we may: send a notice to the email address associated with your Account advising of the inactivity; downgrade your Account to a free or limited tier; suspend access to certain features; or after a further 30-day notice period, delete or de-identify your Account and associated Customer Data. For paid subscribers, this clause applies only after your subscription has lapsed or been cancelled and the Account has subsequently remained inactive for 12 months.
16. Third-Party Services and Integrations
The Services may interoperate with or depend on Third-Party Services, including payment processors, accounting platforms, storage providers, authentication services, hosting providers, email services, infrastructure providers, analytics services, and other external tools. You acknowledge and agree that Third-Party Services are outside our control; their features, APIs, security, availability, terms, pricing, and policies may change at any time; integrations may be interrupted, delayed, limited, suspended, or discontinued; and to the maximum extent permitted by law, we are not responsible for outages, failures, data issues, API changes, service suspensions, policy changes, billing disputes, or security incidents caused by Third-Party Services. Where integrations are available with platforms such as Stripe, Xero, MYOB, or similar systems, you remain responsible for independently reviewing and verifying all synced, imported, exported, billed, or processed data.
17. Intellectual Property
We and our licensors retain all rights, title, and interest in and to the Services, including all software, code, workflows, designs, text, graphics, branding, interfaces, content, templates, documentation, databases, compilations, and related intellectual property rights. Except for the limited licence expressly granted under these Terms and Conditions, no rights are granted to you. You retain ownership of your Customer Data, subject to the licence granted by you under clause 10. If you provide us with suggestions, ideas, recommendations, or feedback relating to the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, and incorporate that feedback without restriction or compensation.
18. Confidentiality
Each party may receive confidential information from the other in connection with the Services. Each party must: keep the other party's confidential information confidential; use it only for purposes connected with the Services and these Terms and Conditions; and not disclose it except to personnel, advisers, contractors, or service providers who need to know and are bound by appropriate confidentiality obligations, or where disclosure is required by law. Confidential information does not include information that is or becomes public through no breach of confidence, was already lawfully known, is independently developed without use of the other party's confidential information, or is lawfully obtained from a third party without restriction.
19. Privacy and Data Protection
Our handling of personal information is governed by our
Privacy Policy, available at constructionspilot.com/privacy. By using the Services, you acknowledge that personal information may be processed in Australia and in other countries where we or our service providers operate, subject to applicable law. If you provide personal information relating to another person through the Services, you represent and warrant that you have provided any necessary notices and obtained any required consents for us to handle that information in accordance with these Terms and Conditions and our Privacy Policy.
19.1 GDPR and UK GDPR (EU and UK Users): If you are located in the European Economic Area (EEA) or the United Kingdom, we process personal data in accordance with GDPR (EU) 2016/679 and, where applicable, the UK GDPR. Where we transfer personal data outside the EEA or UK, we will ensure appropriate safeguards are in place, including Standard Contractual Clauses (SCCs). Enterprise and B2B customers in the EEA or UK who require a formal Data Processing Addendum (DPA) may request one by contacting
admin@constructionspilot.com.
19.2 California Privacy (CCPA): If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know, delete, and opt-out of the sale of personal information. We do not sell personal information.
19B. Cookies, Tracking, and Analytics
Our Website and Services may use cookies, web beacons, pixels, local storage, session storage, analytics tools, and similar tracking technologies to operate, improve, and analyse the Services. By using the Website and Services, you consent to our use of cookies and tracking technologies in accordance with our Cookie Policy and Privacy Policy. You may manage or disable cookies through your browser settings, but doing so may affect the functionality of the Services. We may use third-party analytics services (such as Google Analytics or similar tools) to understand usage patterns.
20. Security
We implement reasonable security measures designed to protect the Services and Customer Data, but no method of transmission, storage, or online operation can be guaranteed to be completely secure. You are responsible for securing your own systems, devices, email accounts, and credentials; managing access rights within your organisation; removing access for users who no longer require it; using appropriate authentication and security practices; and monitoring activity within your Account. If we reasonably believe a security risk exists, we may require password resets, limit access, suspend features, remove integrations, or take other protective action.
20A. Accessibility and Non-Discrimination
We are committed to making the Services accessible to all users to the extent reasonably practicable. We aim to comply with applicable accessibility standards and guidelines, including the Web Content Accessibility Guidelines (WCAG) where feasible. We do not discriminate in the provision of the Services on the basis of race, colour, national origin, religion, sex, gender identity, sexual orientation, disability, age, or any other characteristic protected by applicable law. If you experience accessibility difficulties or require reasonable accommodations, please contact us at
admin@constructionspilot.com.
21. Warranties and Disclaimers
To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. We do not warrant that the Services will be uninterrupted, error-free, secure, timely, accurate, complete, fit for a particular purpose, compatible with all systems, devices, browsers, or workflows, or free from bugs, defects, vulnerabilities, or harmful components. To the maximum extent permitted by law, we exclude all warranties, representations, and guarantees, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Nothing in these Terms and Conditions excludes, restricts, or modifies any guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified under applicable law.
22. Australian Consumer Law and Non-Excludable Rights
Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantee, statutory guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or any other applicable law that cannot lawfully be excluded, restricted, or modified. Where any non-excludable guarantee applies and the law permits us to limit our liability, our liability is limited, at our option, to: resupplying the relevant Services; or paying the cost of having the relevant Services supplied again. If you are located outside Australia, these Terms and Conditions also operate subject to any mandatory rights and protections that cannot lawfully be excluded under the laws applicable in your jurisdiction.
23. Limitation of Liability
To the maximum extent permitted by applicable law, and except in relation to liability that cannot lawfully be excluded or limited:
23.1 Excluded Loss: We are not liable for any indirect, incidental, special, punitive, exemplary, or consequential loss, or for any loss of profit, revenue, business, contracts, tenders, opportunities, goodwill, reputation, anticipated savings, production time, project opportunities, use, data, or business interruption. This includes, without limitation, loss arising from inaccurate outputs, project delays, tender delays, supplier issues, purchase workflow issues, sync failures, export issues, system unavailability, AI Feature outputs, or Third-Party Service failures.
23.2 Operational Risk Exclusions: Without limiting clause 23.1, to the maximum extent permitted by law, we are not liable for any claim, loss, damage, cost, or expense arising from bugs, faults, errors, delays, downtime, outages, degraded performance, maintenance, or suspension of the Services; Beta Services; AI Features and AI-generated outputs; data loss, corruption, duplication, deletion, inaccessible files, or formatting issues; decisions made based on reports, BOQ data, pricing, calculations, revisions, exports, supplier information, AI outputs, or platform outputs; acts or omissions of Third-Party Services; Force Majeure Events; unauthorised access resulting from your failure to protect credentials, systems, or devices; or misuse of the Services by your personnel, contractors, invitees, or authorised users.
23.3 Liability Cap: Our total aggregate liability is limited to: for paid users, the total Fees actually paid by you in the 12 months immediately preceding the event giving rise to the claim; and for free users, trial users, or beta-only users who have paid no Fees, AUD $100.
23.4 Commercial Basis: You acknowledge that the limitations and exclusions in these Terms and Conditions are a fundamental basis on which the Services are made available, including at current pricing levels and for any free, beta, or promotional access.
24. Indemnity
To the maximum extent permitted by law, you indemnify and hold harmless Constructions Pilot and its officers, employees, contractors, affiliates, licensors, and service providers from and against any claim, demand, action, liability, damage, loss, cost, or expense, including reasonable legal costs, arising out of or in connection with: your breach of these Terms and Conditions; your misuse of the Services; your Customer Data; your infringement of privacy, confidentiality, intellectual property, or other rights; your breach of law or regulation; or your failure to independently verify outputs, records, reports, calculations, AI outputs, or other information before relying on them. This clause does not apply to the extent a claim results directly from our fraud, wilful misconduct, or non-excludable liability.
25. Suspension and Termination
We may suspend, restrict, or terminate your access to all or part of the Services immediately if: you breach these Terms and Conditions; Fees are overdue; we suspect fraud, unlawful activity, misuse, or a security risk; we are required to do so by law or a regulator; a necessary Third-Party Service becomes unavailable or is withdrawn; continuing to provide the Services creates legal, security, or operational risk; or we discontinue the Services or a relevant part of them. You may stop using the Services at any time. If you have a paid subscription, cancellation will take effect at the end of the current billing period unless otherwise stated. Termination or suspension does not affect accrued rights, payment obligations, or clauses intended to survive termination.
26. Effect of Termination
On termination or expiry: your right to use the Services ends; we may disable access to your Account; we may delete or de-identify Customer Data in accordance with our retention practices, legal obligations, and backup cycles; and you remain responsible for downloading or exporting any Customer Data you require before termination, subject to system functionality and any applicable retention limits. We are not obliged to retain Customer Data indefinitely after termination.
27. International Use, Export Controls, and Sanctions
The Services may be accessed from countries outside Australia. You are responsible for ensuring that your access to and use of the Services complies with all laws, regulations, licensing requirements, and industry obligations that apply to you. You must not use, export, re-export, transfer, or make available the Services in breach of any applicable export control or sanctions law. You represent and warrant that neither you, nor any person using the Services through your Account, is located in or ordinarily resident in a country subject to comprehensive sanctions prohibiting the Services, or listed on any applicable government list of restricted or prohibited persons.
28. Governing Law and Disputes
These Terms and Conditions are governed by the laws of Victoria, Australia, and the laws of the Commonwealth of Australia applicable there. Subject to any non-excludable rights or mandatory local laws, the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia and the appellate courts from them.
28.1 Dispute Resolution Process: Before commencing formal legal proceedings, the parties must follow this process: Step 1 — Notice: The party raising the dispute must provide written notice describing the dispute in reasonable detail. Step 2 — Good Faith Negotiation: The parties must use reasonable good faith efforts to resolve the dispute within 30 days of the notice being received. Step 3 — Mediation: If the dispute is not resolved within the 30-day negotiation period, either party may refer the dispute to mediation administered by a mutually agreed mediator, or if no agreement is reached within 10 business days, by a mediator appointed by the Australian Disputes Centre (ADC) or the Resolution Institute. Step 4 — Litigation: If mediation does not resolve the dispute, either party may commence legal proceedings in the courts of Victoria, Australia. Nothing in this clause prevents either party from seeking urgent interlocutory or equitable relief from a court of competent jurisdiction at any time.
29. Notices
We may provide notices to you by posting notices through the Services, sending notices to the email address associated with your Account, or posting notices on the Website. You may provide notices to us at
admin@constructionspilot.com, or by any other contact method we specify for legal notices.
30. General
30.1 Entire Agreement — These Terms and Conditions, together with any applicable pricing terms, order terms, promotional terms, and our Privacy Policy, constitute the entire agreement between you and us in relation to the Services.
30.2 Severability — If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, that provision will be read down to the minimum extent necessary or severed, and the remaining provisions will continue in full force and effect.
30.3 Waiver — A failure or delay in exercising any right does not operate as a waiver of that right.
30.4 Assignment — You must not assign, transfer, novate, or otherwise deal with your rights or obligations under these Terms and Conditions without our prior written consent. We may assign, transfer, novate, subcontract, or otherwise deal with our rights or obligations as part of a business restructure, sale, merger, acquisition, financing, or operational arrangement.
30.5 Relationship — Nothing in these Terms and Conditions creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and us.
30.6 Electronic Communications — You consent to receiving notices, disclosures, agreements, and records electronically.
30.7 Survival — Any provision which by its nature is intended to survive termination survives termination, including provisions relating to Fees, confidentiality, intellectual property, indemnity, disclaimers, limitation of liability, disputes, and general legal operation.
30.8 Language — These Terms and Conditions are written in English. In the event of any conflict between an English version and a translated version, the English version prevails.
31. Contact Details
Constructions Pilot
ABN 87 366 101 186 | Lalor, Victoria 3075, Australia
Email:
admin@constructionspilot.com
Websites:
constructionspilot.com | constructionspilot.com.au
For legal notices, privacy requests, data protection queries, accessibility requests, or dispute notices, please contact us at the email address above.
Constructions Pilot Terms and Conditions — Version 2 — Last Updated 4 April 2026 — ABN 87 366 101 186
