Terms of Service

1. Your account

• You must provide accurate account details and keep them up to date.
• You are responsible for keeping your password and device secure, and for all activity that happens under your account.
• Do not share your credentials. If you run a team workspace on the web platform, invite people properly rather than sharing one login — you are responsible for what the people you invite do in your workspace.
• Tell us at admin@buildstate.com.au as soon as you suspect unauthorised access to your account.
• You must be at least 18 years old and legally able to enter into a contract to use the Services.

2. Acceptable use

You must not use the Services to:

• break any law, or infringe anyone's rights;
• send spam, bulk unsolicited email, or fraudulent or misleading invoices. The invoice and quote email feature exists so you can send a document to a client who expects it — not to send marketing, mailing-list campaigns, or invoices for goods or services that were never supplied;
• impersonate another business, or issue documents in a business's name without its authority;
• upload malware, or attempt to breach, probe or overload our systems or our providers';
• reverse engineer, scrape, resell or white-label the Services, or use them to build a competing product; or
• use the Services in a way that harms other users or the integrity of the Services.

We may throttle, rate-limit or block requests that look automated or abusive, in order to keep the Services available for everyone.

3. Your data and your clients' data

When you store client and customer information in the Services, or email an invoice or quote to someone, you are the one deciding to do that — we process it on your instruction.

You confirm that:

• you have the right and the authority to collect and store the client, customer, worker and site information you put into the Services;
• you have a lawful basis to email each recipient you nominate, and that the recipient would reasonably expect an invoice, quote or business document from you;
• you will handle that information in line with your own obligations, including under the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) where they apply to you; and
• you will respond to requests from your own clients about their information — we cannot answer those on your behalf, because it is your business relationship, not ours.

You indemnify us against claims arising from your breach of this section — for example a complaint about an email you sent through the Services to someone who had not agreed to hear from you.

4. Invoices, tax and professional advice

Buildstate Invoice is software. It is not legal, tax, accounting or financial advice, and we are not your accountant, bookkeeper or lawyer.

The app calculates what you tell it to calculate, from the settings and figures you enter. Before you issue a document or lodge anything based on it, you are responsible for checking that it is correct — including:

• rates, quantities, hours, line items and totals;
• GST settings, whether GST should apply at all, and the tax amounts shown;
• your ABN and business details, and the client's details;
• invoice numbering, dates and payment terms;
• payment details, including the bank account or payment instructions you display; and
• whether the document meets the requirements for a valid tax invoice under Australian tax law, or the equivalent requirements in your jurisdiction.

The same applies on the web platform: records generated through SiteSign, SiteITP, SiteDocs and SiteCapture must be reviewed by a competent person before you rely on them for contractual, safety or compliance purposes. AI-assisted drafting features produce drafts, not verified compliance documents.

If you are unsure about a tax, compliance or legal question, get advice from a qualified professional.

5. Subscriptions and billing — Buildstate Invoice

Buildstate Invoice offers auto-renewing subscriptions, available on monthly and annual terms. Subscriptions are sold and billed by Apple through your Apple Account, using Apple's in-app purchase system.

• Price. The price that applies is the one shown to you in the App Store at the time you subscribe, in your local currency and including any applicable taxes. Prices can change; Apple will tell you before a price change takes effect on a renewal, and you can cancel if you do not accept it.
• Payment. Payment is charged to your Apple Account at confirmation of purchase.
• Renewal until cancelled. Your subscription renews automatically for the same term, and Apple charges the renewal within 24 hours before the current period ends, unless you turn off auto-renew at least 24 hours before that point.
• Managing and cancelling. You manage and cancel your subscription in your Apple Account settings (Settings → your name → Subscriptions on your device), not in the Buildstate Invoice app and not by emailing us. We cannot cancel an Apple subscription for you.
• Deleting your account does not cancel your subscription. If you delete your Buildstate Invoice account without turning off auto-renew, Apple will keep charging you. Cancel in your Apple Account settings first.
• Access after cancelling. When you cancel, you generally keep access to paid features until the end of the period you have already paid for. Cancelling part-way through a period does not shorten it.

6. Refunds

Because Apple is the seller for in-app purchases, refund requests are handled by Apple, under Apple's refund process and Media Services terms. You can request a refund at reportaproblem.apple.com or through your Apple Account. We do not process refunds for Apple purchases and generally cannot reverse them.

This does not limit your rights under the Australian Consumer Law. If a consumer guarantee applies and is not met, you are entitled to the remedies the law provides. If you believe that has happened, contact us at admin@buildstate.com.au — we will work with you, including helping you take it up with Apple where that is the right path.

Web platform subscriptions billed through Stripe are handled by us directly; contact admin@buildstate.com.au about a billing issue on a web plan.

7. Free and paid access

Parts of the Services are available without payment, and parts require a paid subscription. The features included in each are described in the app and on our website at the time you sign up, and are what apply — nothing on a marketing page, in a roadmap or in a support conversation is a promise that a feature will exist, keep existing, or arrive by a particular date.

• Free access may be subject to usage limits, and we may change those limits with reasonable notice.
• If a paid subscription lapses, we may restrict paid features. We will not delete your existing records simply because a subscription ended — but you should export anything you need to keep (see section 8).
• Any free trial or promotional period runs on the terms stated at the time it is offered, and converts to a paid subscription unless cancelled beforehand.

8. Intellectual property and your data

Your data is yours. You keep all rights in the content and records you put into the Services — your time entries, expenses, receipts, clients, projects, quotes, invoices, documents and uploads. We do not claim ownership of them.

You grant us a limited licence to host, store, transmit, back up and process that content, solely so we can provide the Services to you (including sending an email you asked us to send, or running OCR on a receipt you uploaded). That licence ends when the content is deleted, except for copies retained as described in our Privacy Policy.

Our software is ours. The Services, including the software, design, branding and documentation, remain our property (or our licensors'). You get a personal, non-exclusive, non-transferable, revocable right to use them under these Terms — nothing more.

Where the Services let you export your data, you may use those exports freely for your own business purposes.

If you send us feedback or a feature suggestion, we may use it to improve the Services without owing you anything for it.

9. Availability and changes

We aim to keep the Services running, but we do not promise uninterrupted or error-free availability. The Services depend on third-party infrastructure and app store platforms, and outages happen.

We may change, add or remove features, and may perform maintenance. Where a change would materially reduce functionality you rely on, we will give reasonable notice where we can. We may also need to make immediate changes for security, legal or platform-compliance reasons.

We may update these Terms. If a change is material we will take reasonable steps to notify you, and continuing to use the Services after that means you accept the updated Terms. If you do not accept them, stop using the Services and cancel any subscription through your Apple Account.

10. Suspension and termination

You may stop using the Services at any time, and delete your account from within Buildstate Invoice or by contacting us. Remember to cancel any Apple subscription separately (section 5).

We may suspend or terminate your access if you materially breach these Terms — in particular section 2 (acceptable use) or section 3 (your clients' data) — if we are required to by law or a platform provider, or if your use presents a security or legal risk. Where the circumstances reasonably allow, we will warn you first and give you a chance to fix it. For serious misuse, including fraudulent invoicing or spam, we may act immediately.

If we terminate your account for misuse, you are not entitled to a refund from us of amounts already charged, except where the Australian Consumer Law or another non-excludable law requires one.

11. Liability

Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. If we supply goods or services to you as a consumer under that law, our goods and services come with guarantees that cannot be excluded.

Where we are permitted by law to limit our liability for a breach of a non-excludable consumer guarantee, our liability is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied.

Subject to the above, and to the maximum extent permitted by law:

• the Services are provided "as is", and we exclude implied warranties to the extent we lawfully can;
• we are not liable for indirect or consequential loss, loss of profits, loss of revenue, loss of business opportunity, or loss or corruption of data; and
• our total aggregate liability arising out of or in connection with the Services is limited to the amount you paid us (or paid for the Services through Apple) in the twelve months before the event giving rise to the claim.

We are not liable for a loss caused by inaccurate information you entered, by a document you issued without checking it (section 4), or by your failure to cancel a subscription through your Apple Account.

12. About Apple

These Terms are between you and Buildstate, not Apple. Apple is not responsible for Buildstate Invoice or its content, and has no obligation to provide support for it — support requests come to us at admin@buildstate.com.au. Apple is a third-party beneficiary of these Terms as they relate to your use of the iOS app, and may enforce them against you. Your use of the App Store is also governed by Apple's own terms.

13. General

• If any part of these Terms is found to be unenforceable, the rest continues to apply.
• Our not enforcing a right straight away does not mean we have given it up.
• You may not transfer your rights under these Terms without our consent. We may transfer ours in connection with a sale or reorganisation of our business.
• These Terms, together with the Privacy Policy, are the whole agreement between us about the Services.

14. Contact us

Questions about these Terms, a billing issue, or anything else — email admin@buildstate.com.au. A person reads it.