Terms of Service

1. About these terms

1.1 These Terms of Service ("Terms") govern your access to and use of the Planset website, application, and related services (the "Service"). They form a binding agreement between you and Planset, together with the Privacy Policy (Part B) and the AI Output and Data Handling Schedule (Part C), which are incorporated by reference.

1.2 By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1.3 If you use the Service on behalf of a business, you represent that you are authorised to bind that business, and "you" includes that business.

1.4 We may update these Terms under clause 19.

2. Definitions

Builder Usermeans a user who uses the Service to prepare an estimate and then to author, finalise, and issue a Quote to that user's own client.

Consumer has the meaning given by the Australian Consumer Law. You are a Consumer if, among other things, the price of the services is below the prescribed threshold (currently $100,000), regardless of whether you acquire them for business purposes. On our current pricing, most users are Consumers.

Direct Usermeans a user (for example a homeowner) who uses the Service to obtain an indicative Estimate for that user's own project and who relies on the output directly rather than issuing a Quote to a separate client.

Estimate means an indicative, automated, AI-generated approximation of project cost, expressed as an approximate figure or range, produced before any human review and adoption.

Quotemeans a document a Builder User creates, reviews, edits, adopts, finalises, brands, and issues to that Builder User's own client. A Quote is the Builder User's own document.

Knowledge Base or KB, Input Material, Output, and Subscription have the meanings given in the body of these Terms.

3. Eligibility and accounts

3.1 You must be at least 18 and able to form a binding contract.

3.2 The Service is available to Builder Users and to Direct Users. Different parts of these Terms apply depending on how you use the Service, as set out in clause 5.

3.3 You are responsible for your account credentials and for all activity under your account, and must keep your registration details accurate.

4. Subscriptions, one-off estimates, fees, and billing

4.1 Plans.The Service is offered on paid plans, shown at the point of purchase. We currently offer (a) subscription plans tiered by the number of active projects, and (b) a one-off pay-per-estimate purchase ("Quick Estimate").

4.2 Prices and GST. Prices are shown at the point of purchase. Where you are a Consumer, prices are displayed as a single, all-inclusive amount inclusive of GST.

4.3 Quick Estimate (pay-per-use). A Quick Estimate is a one-off purchase charged at the time you generate the Estimate. It is a single, completed supply delivered immediately. It does not renew. Because it is delivered immediately on purchase, change-of-mind refunds are not available, but this does not affect your rights under the Australian Consumer Law (clause 14).

4.4 Subscriptions and renewal. Subscriptions renew automatically for successive billing periods until cancelled. We will make the renewal terms (price, period, and how to cancel) clear before you subscribe and will give reasonable notice of renewal where required. You authorise us and our payment processor to charge your nominated payment method each period.

4.5 Price changes. We may change subscription prices for a future renewal period by giving you reasonable prior notice before that period begins. A price change does not affect the period already paid for, and you may cancel before the change takes effect. We will not change the price for a period you have already paid.

4.6 Cancellation and refunds. You may cancel a subscription at any time, effective at the end of the current paid period, and access continues until then. Except as required by law (including the Australian Consumer Law), subscription fees for the current period are not refunded on cancellation.

4.7 Payment processing. Payments are handled by a third-party processor (currently Stripe). We do not store full card details. Your use of payment features is also subject to the processor's terms.

5. How you may use the Output, and who is responsible

5A. All users: the nature of an Estimate

5.1 An Estimate is indicative only. It is an automated, approximate starting point generated from Input Material and the KB. It is not a quote, not a fixed or guaranteed price, and not professional building, engineering, surveying, legal, or financial advice. It may contain errors, omissions, or misreadings of plans and specifications.

5.2 Verification. Before relying on any Output, you must check it against the source documents, the actual project and site conditions, current supplier and sub-trade pricing, and applicable laws, codes, and standards. The Service presents Output as editable for this reason.

5B. Builder Users: you author the Quote

5.3 When you review, edit, adopt, finalise, brand, and issue a Quote to your client, that Quote is your document. You are solely responsible for its content, accuracy, completeness, pricing, margins, inclusions, exclusions, and for any commitment it creates between you and your client. Planset is a tool you use to prepare your Quote, like other estimating and quoting software. Planset is not the author of your Quote and is not a party to any contract between you and your client.

5.4 Your relationship with, and obligations to, your own clients (including any consumer-law obligations you owe them) are yours alone.

5C. Direct Users (including homeowners): rely with care

5.5 If you use the Service to obtain an Estimate for your own project, the Estimate is an indicative guide to help you understand likely costs at an early stage. It is not a quote, not an offer, and not a substitute for a quote from a licensed builder.

5.6 Actual project costs depend on final scope, selections, site conditions, current market pricing, and other factors the Service cannot fully assess. You should obtain quotes from one or more licensed builders before committing to, budgeting firmly for, or making decisions about your project.

5.7 We do not warrant that an Estimate will match the price any builder will charge. We provide the Estimate so you can plan; we cannot and do not take responsibility for decisions you make in reliance on it, except to the extent of the consumer guarantees and other rights described in clause 14, which we do not exclude.

6. AI-generated output

6.1 The Service uses artificial intelligence, including third-party AI models, to read Input Material and generate Output. AI output is probabilistic and can be wrong, incomplete, or inconsistent, including by misreading drawings, schedules, dimensions, or notes.

6.2 Subject to clause 14, we do not warrant that Output is accurate, complete, current, or fit for any particular purpose. Output quality depends on the quality of your Input Material and KB. Further detail is in Part C.

7. Your content and data

7.1 Your ownership. You retain all rights in your Input Material, your KB, and (for Builder Users) the Quotes you produce. We claim no ownership of them.

7.2 Licence to operate the Service. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, and display your Input Material, KB, and Output for the purpose of providing, maintaining, securing, and supporting the Service to you. This licence ends when the relevant data is deleted, subject to clause 7.4.

7.3 No training on your data. We do not use your Input Material, KB, or Output to train our own general AI models, and we contract with our AI provider so that your content is not used to train its general models. See Part C.

7.4 Backups and logs. Residual copies may persist in backups or logs for a limited period after deletion, after which they are overwritten or destroyed in the ordinary course.

7.5 Your responsibility for inputs. You represent that you have the right to upload your Input Material and KB and to have them processed as described, and that doing so does not infringe any third party's rights or any confidentiality obligation you owe.

8. Acceptable use

8.1 You must not: (a) use the Service unlawfully or to infringe others' rights; (b) upload material you have no right to upload; (c) attempt to access other users' data; (d) probe or breach security or circumvent usage limits; (e) reverse engineer, scrape, or copy the Service except as allowed by law; (f) resell or provide the Service to third parties, except that a Builder User may issue Quotes to its own clients in the ordinary course; (g) upload malware; or (h) use the Service to build a competing product.

8.2 We may apply fair-use limits to protect the Service, including limits on AI runs, and may contact you about, throttle, or suspend usage that materially exceeds normal individual use.

9. Intellectual property

9.1 The Service, including its software, configuration, design, and content (excluding your content), is owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service per these Terms.

9.2 If you give us feedback, you grant us a perpetual, royalty-free licence to use it.

10. Third-party services

10.1 The Service relies on third-party providers (including for AI processing, payments, hosting, storage, and email). Your use may be subject to their terms, and their availability is outside our control. A current list of key subprocessors is in Part C.

11. Confidentiality and security

11.1 We apply reasonable technical and organisational measures to protect your data, including tenant isolation and encryption at rest, as described in Parts B and C. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

12. Privacy

12.1 We handle personal information in accordance with the Privacy Policy (Part B), the Privacy Act 1988 (Cth), and the Australian Privacy Principles.

13. Warranties and disclaimers

13.1 We provide the Service and Output with due care and skill. Subject to clause 14 and to the extent permitted by law, we do not give other warranties, express or implied, and in particular we do not warrant that the Service will be uninterrupted or error-free or that Output will be accurate or complete. Nothing in this clause limits the consumer guarantees in clause 14.

14. Australian Consumer Law

14.1 Non-excludable rights. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded ("Non-excludable Rights"). These include guarantees that services are provided with due care and skill and are reasonably fit for any disclosed purpose.

14.2 Most users are Consumers. Because of our pricing, most users acquire the Service as Consumers under the Australian Consumer Law, and the consumer guarantees apply, whether the user is a homeowner or a business. The "business use" nature of a user's purpose does not remove those guarantees.

14.3 Limitation where available. To the extent the Service is a supply of services not of a kind ordinarily acquired for personal, domestic, or household use or consumption, and where it is fair and reasonable to do so, our liability for failure to comply with a consumer guarantee is limited, at our option, to resupplying the services or paying the cost of resupply. We do not seek to apply this limitation where it is not available, including against a Consumer acquiring the Service for personal, domestic, or household use.

14.4 Misleading conduct. Nothing in these Terms limits any liability we may have for misleading or deceptive conduct under section 18 of the Australian Consumer Law, which cannot be excluded or capped.

14.5 Clauses 13, 15, and 16 apply subject to this clause 14.

15. Limitation of liability

15.1 Subject to clause 14, and to the maximum extent permitted by law:

(a) we are not liable for any indirect, incidental, special, or consequential loss, or for loss of profit, revenue, business, goodwill, or anticipated savings; and

(b) our total aggregate liability arising out of or in connection with the Service and these Terms, however arising, is limited to the greater of (i) the fees you paid us in the 12 months before the event giving rise to the liability, and (ii) AUD $100.

15.2 The limitation in clause 15.1 does not apply to, and does not purport to reduce, our liability under any Non-excludable Right or under section 18 (clause 14.4). It operates only on liability that may lawfully be limited.

15.3 You acknowledge that the verification obligation in clause 5.2 is part of the basis on which the Service is offered at its price.

16. Indemnity

16.1 This clause applies to Builder Users and other business users, and does not apply to a Consumer to the extent it would be unfair or would reduce a Non-excludable Right.

16.2 To the extent permitted by law, a Builder User indemnifies us against claims, loss, and reasonable costs arising from: (a) that user's Input Material, KB, or Quotes; (b) that user's breach of these Terms or of any law; and (c) any dispute between that user and that user's client. This clause does not apply to the extent the loss was caused by our breach or negligence.

17. Unfair contract terms

17.1 These Terms are a standard-form contract that may be entered by Consumers and by small businesses. We do not intend any term to be an unfair contract term under the Australian Consumer Law.

17.2 If a term would otherwise be unfair (for example because it would allow us to vary the contract or limit our liability in a way that is not reasonably necessary to protect our legitimate interests), it is to be read down to the extent necessary to avoid being unfair, or, if it cannot be read down, severed. In particular, our rights to change prices (clause 4.5) and to change the Service (clause 19) operate only on reasonable notice and with a right for you to cancel, and the indemnity (clause 16) is limited as set out in clause 16.1.

18. Term, suspension, and termination

18.1 These Terms apply while you use the Service.

18.2 We may suspend or limit access where we reasonably believe you have breached these Terms, pose a security or legal risk, or have unpaid fees, acting reasonably and giving notice where practicable.

18.3 Either party may terminate as set out at the plan level or for material breach not remedied within 14 days of notice.

18.4 On termination, your right to use the Service ends. We will make your data available for export for 30 days, after which it may be deleted in accordance with Part B. Clauses that by their nature should survive (including 5, 7, 9, 11, 13, 14, 15, 16, 17, 20, and 21) survive.

19. Changes to the Service and these terms

19.1 We may change, add to, or remove features of the Service. We will not materially reduce core paid functionality during a paid period without giving notice and offering a reasonable remedy (such as a pro-rata refund or the right to cancel).

19.2 We may update these Terms by posting the updated version and updating the effective date, and, for material changes, by giving reasonable prior notice (for example by email or in-app). If you do not accept a material change, you may stop using the Service and cancel.

20. Governing law and disputes

20.1 These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts that hear appeals from them.

20.2 Before starting proceedings (except for urgent or injunctive relief), the parties will try in good faith to resolve any dispute, including by conferring within 14 days of a written dispute notice. Nothing in this clause affects your right to make a complaint to a consumer-protection regulator.

21. General

21.1 Assignment. You may not assign these Terms without our consent. We may assign to a related entity or in connection with a sale of the business.

21.2 Entire agreement. These Terms (with Parts B and C and any plan-level terms) are the entire agreement and supersede prior discussions.

21.3 Severability. If a provision is unenforceable, it is severed and the rest continues.

21.4 Waiver. A failure to enforce a right is not a waiver of it.

21.5 Notices. We may give notices by email or in-app. You may give notices to support@planset.com.au.

21.6 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

21.7 Relationship. The parties are independent contractors. Nothing creates a partnership, agency, or employment relationship.