Terms of Service
Last updated: February 2026
These Terms of Service ("Terms") constitute a binding agreement between you and ViaBuild Pty Ltd (ABN [to be inserted]) ("ViaBuild", "we", "us", "our") governing your access to and use of the ViaBuild construction management platform, the ViaSite companion application, any associated APIs, and all related services (collectively, the "Services").
By accessing or using the Services, creating an account, or clicking "I agree", you acknowledge that you have read, understood and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation.
If you do not agree to these Terms, do not access or use the Services.
1. Definitions
"Account" means the user account you create to access the Services.
"Aggregated Data" means data derived from Customer Data and usage information that has been anonymised, de-identified, and combined such that it cannot identify any individual, organisation, job, or project.
"Authorised Users" means individuals authorised by the Customer to access the Services under the Customer's subscription.
"Customer" means the organisation that subscribes to the Services and is responsible for payment.
"Customer Data" means all data, information, files, documents and content that the Customer or its Authorised Users submit, upload, transmit or store through the Services, excluding Aggregated Data and Usage Data.
"Documentation" means the user guides, help centre articles, API documentation and other materials we make available.
"Intellectual Property Rights" means all patents, copyrights, moral rights, trademarks, trade secrets, and other intellectual property rights.
"Services" means the ViaBuild platform, the ViaSite application, any APIs, and all related services provided by ViaBuild.
"Subscription" means the Customer's paid plan, including tier, number of Authorised Users, and billing cycle.
"Usage Data" means data relating to access and use of the Services collected automatically.
2. Account and Access
2.1 Registration
To use the Services, you must create an Account with accurate, complete and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account.
2.2 Organisation Accounts
The individual who creates the organisation Account is the initial Account Owner. The Account Owner may designate administrators. The Customer is responsible for ensuring that all Authorised Users comply with these Terms.
2.3 Age Requirement
You must be at least 18 years old to use the Services.
2.4 Authorised Users
The Customer may permit Authorised Users to access the Services up to the number included in their Subscription. Each Authorised User must have a unique login. Sharing login credentials between individuals is prohibited.
3. Services and Subscription
3.1 Provision of Services
Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Services during the Subscription term for your internal business purposes.
3.2 Service Availability
We use commercially reasonable efforts to make the Services available 24/7, excluding scheduled maintenance and circumstances beyond our control. We do not guarantee uninterrupted or error-free access.
3.3 Modifications to Services
We may modify, update or discontinue features from time to time. We will provide reasonable notice of material changes that adversely affect existing functionality.
3.4 Beta and Early Access Features
Beta or early access features are provided "as is" without warranty and may be modified or discontinued at any time.
4. Fees and Payment
4.1 Subscription Fees
Fees are as set out on our pricing page or as agreed in an Order Form. All fees are quoted in AUD and are exclusive of GST unless stated otherwise.
4.2 Billing
Subscriptions are billed in advance on a monthly or annual basis. Payment is due on the billing date.
4.3 Price Changes
We may change our fees at any time. For existing customers, fee changes take effect at the start of the next billing period following at least 30 days' notice.
4.4 Taxes
You are responsible for all applicable taxes. If we are required to collect taxes, these will be added to your invoice.
4.5 Late Payment
If payment is not received within 14 days of the due date, we may charge interest at 1.5% per month, suspend access until payment is received, or refer the debt for collection.
4.6 Refunds
Fees are non-refundable except where required by Australian Consumer Law or as otherwise stated. If you cancel an annual Subscription, you retain access for the remainder of the paid period.
5. Customer Data
5.1 Ownership
You retain all rights, title and interest in your Customer Data. Nothing in these Terms transfers ownership of Customer Data to ViaBuild.
5.2 Licence to ViaBuild
You grant ViaBuild a worldwide, non-exclusive, royalty-free licence to access, use, copy, store, transmit and display Customer Data solely to: (a) provide and maintain the Services; (b) improve and develop the Services, including training AI using de-identified data; (c) produce Aggregated Data; (d) comply with applicable law; (e) enforce these Terms.
5.3 Aggregated Data
ViaBuild may collect, create and use Aggregated Data derived from Customer Data and Usage Data. ViaBuild owns all right, title and interest in Aggregated Data and may use it for any lawful purpose. Aggregated Data does not identify the Customer, any Authorised User, or any individual.
5.4 Usage Data
ViaBuild owns all Usage Data and may use it for any purpose.
5.5 Customer Responsibilities
You represent and warrant that you have all necessary rights and consents to provide Customer Data; that Customer Data does not infringe third-party rights; that you have provided required privacy notices; and that your use complies with all applicable laws.
5.6 Data Export
During your Subscription and for 90 days after cancellation, you may export your Customer Data. After the 90-day period, we will delete your Customer Data in accordance with our Privacy Policy.
5.7 Data Processing Agreement
For enterprise and franchise customers, or where required by law, we will enter into a separate Data Processing Agreement. Contact legal@viabuild.au to request one.
6. Intellectual Property
6.1 ViaBuild IP
The Services, including all software, designs, algorithms, Documentation and related IP, are and remain the exclusive property of ViaBuild. These Terms grant you only the limited right to use the Services as described.
6.2 Feedback
If you provide suggestions or feedback about the Services, you grant ViaBuild an irrevocable, perpetual, royalty-free, worldwide licence to use and commercialise the Feedback.
6.3 Restrictions
You must not copy, modify, reverse engineer, or create derivative works of the Services; rent, lease, sell, or sublicense the Services; use the Services to develop a competing product; or scrape or use automated means to extract data (other than via our APIs in accordance with Documentation).
7. Integrations and Third-Party Services
The Services may integrate with third-party services (e.g., Xero, HubSpot). Your use of third-party services is governed by their terms and privacy policies. We are not responsible for third-party services. If we provide API access, you may use our APIs in accordance with the Documentation and any applicable API terms.
8. Confidentiality
Each party agrees to protect the other's Confidential Information with at least reasonable care, use it only for the purposes of these Terms, and not disclose it to third parties except as permitted. Confidential Information does not include information that is publicly available, previously known, independently developed, or Aggregated Data. A party may disclose if compelled by law, with reasonable prior notice where permitted.
9. Warranties and Disclaimers
9.1 ViaBuild Warranties
We warrant that the Services will perform materially in accordance with the Documentation; that we will provide the Services with reasonable care and skill; and that we have the right to grant the licences described.
9.2 Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES NOT EXPRESSLY SET OUT HERE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS. WE DO NOT WARRANT THE ACCURACY OF AI-GENERATED OUTPUTS — THESE SHOULD BE REVIEWED BY A QUALIFIED HUMAN. THE SERVICES DO NOT CONSTITUTE LEGAL, FINANCIAL, TAX, SAFETY, OR COMPLIANCE ADVICE.
9.3 Australian Consumer Law
Nothing in these Terms excludes your rights under the Australian Consumer Law. Our liability for breach of a non-excludable consumer guarantee is limited to re-supplying the Services or paying the cost of re-supply.
10. Limitation of Liability
10.1 Exclusion of Consequential Loss
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
10.2 Liability Cap
VIABUILD'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF: (a) THE FEES PAID BY THE CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM; OR (b) AUD $1,000.
10.3 Exceptions
These limitations do not apply to liability that cannot be excluded under applicable law, indemnification obligations, breach of Confidentiality, wilful misconduct or fraud, or your obligation to pay fees.
11. Indemnification
11.1 By ViaBuild
We will defend and indemnify the Customer from third-party claims that the Services (as provided and used in accordance with these Terms) infringe the claimant's Intellectual Property Rights. This does not apply if the infringement arises from your modifications, combination with unauthorised third-party products, Customer Data, or breach of these Terms.
11.2 By Customer
The Customer will defend and indemnify ViaBuild from third-party claims arising from Customer Data, the Customer's breach of these Terms or applicable law, or use of the Services not authorised by these Terms.
12. Term and Termination
12.1 Term
These Terms commence when you create an Account and continue until terminated.
12.2 Subscription Term
Subscriptions auto-renew unless cancelled before the renewal date. Annual subscriptions require cancellation at least 30 days before renewal.
12.3 Termination by Customer
You may cancel your Subscription at any time through account settings. Cancellation takes effect at the end of the current billing period.
12.4 Termination by ViaBuild
We may terminate or suspend your access: immediately if you breach and the breach is not capable of remedy; on 14 days' notice if you fail to remedy a breach; immediately for non-payment after 30 days; on 30 days' notice for any reason (with pro-rata refund); or immediately if we reasonably believe your use poses a security risk.
12.5 Effect of Termination
Upon termination, your right to access ceases (or at end of paid period); you have 90 days to export Customer Data; thereafter we delete your Customer Data. Sections 5.3, 5.4, 6, 8, 9, 10, 11, 13 and 14 survive.
13. Governing Law and Disputes
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia. Before commencing legal proceedings (other than for urgent relief), the parties will attempt to resolve the dispute through good faith negotiation for 30 days, then mediation administered by the Australian Disputes Centre.
14. General
14.1 Entire Agreement. These Terms, with the Privacy Policy, Acceptable Use Policy and any Order Form, constitute the entire agreement.
14.2 Amendments. We may amend by posting updated Terms and notifying you by email at least 30 days before changes take effect. Continued use constitutes acceptance.
14.3 Assignment. You may not assign without our prior written consent. We may assign to an affiliate or in connection with a merger or sale of assets.
14.4 Severability. If any provision is invalid, the remainder continues in force.
14.5 Waiver. No failure or delay to exercise a right constitutes a waiver.
14.6 Force Majeure. Neither party is liable for failure to perform due to events beyond reasonable control.
14.7 Notices. Notices to ViaBuild: legal@viabuild.au. Notices to you: the email associated with your Account.
14.8 Relationship. Nothing in these Terms creates a partnership, joint venture, or agency.
15. Contact
ViaBuild Pty Ltd
Email: legal@viabuild.au
Website: https://viabuild.au