Terms & Conditions
Effective Date: October 06, 2025
These Terms and Conditions ("Terms") govern your access to and use of the Build Metric service (the "Service"), provided by Build Metric Pty Ltd ("we," "us," or "our"). The Service is a subscription-based, done-for-you estimating service for Australian contractors, employing offshore estimators to complete accurate takeoffs, bills of quantities (BOQs), estimates, and tender documents using your specific rates and margins.
By signing up for an account, starting a free trial, subscribing to the Service, or otherwise using the Service, you ("you" or "User") agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to that organization. If you do not agree to these Terms, do not use the Service.
We may update these Terms from time to time. Your continued use of the Service after any changes constitutes your acceptance of the updated Terms.
1. Introduction
1.1 Parties and Agreement. These Terms form a legally binding agreement between you and Build Metric Pty Ltd. The Service includes access to our platform for uploading project documents, receiving estimates, and related features, subject to your chosen subscription plan.
1.2 Effective Date. These Terms are effective as of the date you first accept them or use the Service (the "Effective Date").
1.3 Acceptance. You accept these Terms by: (a) clicking to accept or agree where this option is made available; (b) signing up for or using the Service; or (c) starting a free trial. If you are under 18 years of age or otherwise lack legal capacity, you may not use the Service.
1.4 Additional Terms. Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features. All such additional terms are incorporated by reference into these Terms.
2. Eligibility and Account Registration
2.1 Eligibility. To use the Service, you must: (a) be at least 18 years old (or the age of majority in your jurisdiction); (b) be a resident or business operating in Australia; and (c) not be barred from using the Service under applicable laws. The Service is intended exclusively for Australian contractors in all trades except electrical, plumbing, and mechanical. We only operate in Australia for Australian companies.
2.2 Account Registration. To access the Service, you must create an account by providing accurate, current, and complete information, including your name, email address, and payment details. You agree to update your information as necessary to maintain its accuracy.
2.3 Account Security. You are responsible for maintaining the confidentiality of your account credentials (e.g., username and password). You must notify us immediately of any unauthorized use or security breach. We are not liable for any loss or damage arising from your failure to protect your account.
2.4 User Responsibilities. You agree to use the Service only for lawful purposes and in compliance with these Terms. You must not: (a) impersonate others; (b) use the Service for spam, harassment, or illegal activities; or (c) interfere with the Service's operation or other users' access.
3. Subscription Plans and Payments
3.1 Subscription Plans. We offer the Service through tiered subscription plans, including:
Tier 1: $497 per month, including up to 12 hours of estimating work.
Tier 2: $1297 per month, including up to 32 hours of estimating work.
Tier 3: $2497 per month, including up to 64 hours of estimating work.
Tier 4: $4,997 per month, including up to 160 hours of estimating work, subject to fair use.
All plans include a 14-day free trial. Our obligation is to provide you with done-for-you estimating services, including takeoffs, bills of quantities (BOQs), estimates, and tender documents, tailored to your specific rates and margins. The hours of estimating work allocated per plan are approximate and subject to change depending on factors such as trade, size of project, complexity, and other variables. We will endeavour to comply with stated turnaround timeframes; however, if workloads are high, delivery may be delayed.
3.2 Billing Cycles and Automatic Renewals. Subscriptions are billed monthly in advance on a recurring basis. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. We may adjust pricing with notice, but changes will not apply to your current billing cycle.
3.3 Payment Methods. You must provide a valid payment method (e.g., credit card, PayPal) to subscribe. You authorize us to charge your payment method for all fees, including subscriptions, overages (if applicable), and taxes. If your payment method fails, we may suspend your access until payment is received.
3.4 Taxes. All fees are exclusive of applicable taxes (e.g., GST in Australia). You are responsible for paying any taxes, duties, or levies associated with your use of the Service.
3.5 Refunds and Cancellations. We offer no refunds after the 14-day free trial period, except as required by law (e.g., under Australian Consumer Law). You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing cycle. No prorated refunds will be provided.
3.6 Overages and Upgrades. If you exceed your plan's allocated hours of estimating work, we may charge overage fees based on the following hourly rates: $45 per hour which will be charged at the end of the month.
3.7 Triple Guarantee System. Subject to these Terms, we offer a Triple Guarantee for win rate, speed, and accuracy. Details are available on our website. Guarantees are void if you provide inaccurate information or fail to comply with our processes.
4. License and Usage Rights
4.1 License Grant. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term, subject to these Terms.
4.2 Permitted Uses. You may upload project documents (e.g., plans, specifications) for estimation, review delivered estimates, and use our platform for related communications. Use is limited to your subscribed hours of estimating work and must comply with fair use policies.
4.3 Prohibitions. You must not: (a) copy, modify, reverse engineer, decompile, or disassemble the Service; (b) share your account credentials; (c) use the Service to create competing products; (d) upload malicious content or viruses; (e) exceed your plan limits without payment; or (f) use the Service for illegal, fraudulent, or harmful activities.
4.4 Service Availability. We strive to provide reliable service but do not guarantee uninterrupted access. We may perform maintenance or updates that temporarily affect availability.
5. User Content
5.1 Definition. "User Content" means any documents, data, rates, margins, or other materials you upload or provide to the Service, including project plans and specifications.
5.2 Ownership. You retain ownership of your User Content. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display it as necessary to provide the Service (e.g., for estimation by our offshore team).
5.3 Representations. You represent that: (a) you own or have rights to your User Content; (b) it does not infringe third-party rights; and (c) it complies with applicable laws.
5.4 Moderation Rights. We may review, modify, or remove User Content if it violates these Terms, but we are not obligated to do so. We may share User Content with our offshore estimators under confidentiality agreements.
5.5 Backup Responsibility. You are responsible for backing up your User Content. We are not liable for any loss or corruption of User Content.
6. Intellectual Property
6.1 Company Ownership. We own all rights, title, and interest in the Service, including software, algorithms, trademarks (e.g., "Build Metric"), copyrights, and any estimates or deliverables we create (subject to your ownership of underlying User Content).
6.2 Deliverables. Estimates, BOQs, and tender documents we provide are licensed to you for your use in bidding projects. You may not resell or distribute them without our permission.
6.3 Prohibition on Infringement. You must not infringe our intellectual property or use the Service to infringe others'. Feedback you provide about the Service becomes our property without compensation.
6.4 Trademarks. You may not use our trademarks without written consent, except as necessary to refer to the Service.
7. Privacy and Data
7.1 Privacy Policy. Your use of the Service is subject to our Privacy Policy, which is incorporated herein. The Privacy Policy explains how we collect, use, share, and protect your personal data.
7.2 Data Collection. We collect data such as account information, usage patterns, and User Content to provide and improve the Service. We may use aggregated, anonymized data for analytics.
7.3 Security. We implement reasonable security measures to protect your data, including encryption and access controls. However, no system is completely secure, and you use the Service at your own risk.
7.4 Compliance with Laws. We comply with applicable data protection laws, including the Australian Privacy Principles (APPs). If you are subject to other laws (e.g., GDPR or CCPA), contact us for details, though our Service is limited to Australian users.
7.5 Data Processing. By using the Service, you consent to data transfer to offshore locations (e.g., for estimation). We ensure appropriate safeguards for international transfers.
8. Termination and Suspension
8.1 By You. You may terminate your subscription at any time as described in Section 3.5.
8.2 By Us. We may suspend or terminate your account if: (a) you breach these Terms; (b) you fail to pay fees; (c) we suspect fraudulent activity; (d) required by law; or (e) we discontinue the Service.
8.3 Effects of Termination. Upon termination, your license ends, and you must cease using the Service. We may delete your data after 30 days, but we are not obligated to return it. Outstanding fees remain payable.
8.4 Survival. Sections 5 (User Content ownership), 6 (Intellectual Property), 9 (Disclaimers), 10 (Indemnification), 11 (Dispute Resolution), and 13 (Miscellaneous) survive termination.
9. Disclaimers and Limitations of Liability
9.1 Disclaimers. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE ERROR-FREE ESTIMATES OR PROJECT OUTCOMES. USE AT YOUR OWN RISK.
9.2 Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
9.3 Exceptions. Nothing in these Terms excludes or limits liability for death, personal injury, fraud, or other matters that cannot be excluded under applicable law (e.g., Australian Consumer Law guarantees).
9.4 Force Majeure. We are not liable for delays or failures due to events beyond our control, such as natural disasters, wars, or pandemics.
10. Indemnification
You agree to indemnify, defend, and hold harmless Build Metric Pty Ltd, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms or applicable laws; or (d) your infringement of third-party rights.
We will provide prompt notice of any claim and allow you to control the defense, but we may participate at our expense. You may not settle any claim without our consent if it affects our rights.
11. Dispute Resolution
11.1 Governing Law. These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of laws principles.
11.2 Arbitration. Any dispute arising from these Terms or the Service shall be resolved through binding arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA), in Sydney, Australia. The arbitrator's decision is final and enforceable in court.
11.3 Class Action Waiver. You waive any right to participate in class actions or representative proceedings. Disputes must be resolved individually.
11.4 Jurisdiction. If arbitration is not applicable, you agree to exclusive jurisdiction in the courts of New South Wales, Australia.
11.5 Limitation Period. Any claim must be brought within one year of the cause of action arising.
12. Changes to Terms
We may modify these Terms at any time by posting the updated version on our website or notifying you via email. Changes take effect 30 days after posting, except for changes required by law or for security reasons, which take effect immediately. Your continued use constitutes acceptance. If you object, your sole remedy is to terminate your subscription.
13. Miscellaneous
13.1 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. The invalid provision will be reformed to reflect the original intent.
13.2 No Waiver. Our failure to enforce any right does not waive that right.
13.3 Entire Agreement. These Terms, including incorporated policies, constitute the entire agreement between you and us, superseding prior agreements.
13.4 Assignment. We may assign these Terms without your consent. You may not assign without our written consent.
13.5 Notices. Notices to us should be sent to [email protected]. Notices to you will be sent to your registered email.
13.6 Force Majeure. As stated in Section 9.4.
13.7 Independent Contractors. No agency, partnership, or joint venture is created by these Terms.
13.8 Export Controls. You must comply with export laws and not use the Service in embargoed countries.
13.9 Anti-Abuse. You must not use the Service for spam, phishing, or other abusive activities. We may monitor usage to prevent abuse.
