Terms of Service

1. Ownership & Intellectual Property

• All software, templates, AI prompts, workflows, pricing systems, trade breakdown formats, and generated documents are owned by NexBilt.
• You are granted a limited, non-exclusive, non-transferable license to use the App but do not gain ownership of its internal systems.

2. Prohibited Use

You agree NOT to:

• Copy or replicate the App's prompts, workflows, structure, or features.
• Attempt to reverse-engineer, decompile, or extract hidden logic.
• Build or assist in building a competing product using NexBilt's internal IP.
• Use the App in any illegal, harmful, deceptive, or fraudulent way.

3. User Data

• You retain ownership of your uploaded photos, videos, documents, and project information.
• Your data is stored securely using enterprise-grade cloud infrastructure with encrypted transport.
• You may request deletion of your data at any time. See our Privacy Policy for full details.

4. AI-Generated Content & Professional Review Requirement

• NexBilt uses third-party AI models (including OpenAI, Google, and Perplexity) to assist in generating scopes of work, quotes, SWMS documents, schedules, and reports.
• All AI-generated outputs are estimates only. They are not final professional documents and may contain errors, omissions, or inaccuracies.
• You acknowledge and agree that you must review, verify, and validate every AI-generated output with a qualified professional (e.g., licensed builder, quantity surveyor, safety professional, or relevant trade specialist) before using, signing, sending to clients, submitting to insurers, or relying on it for any commercial, legal, or safety purpose.
• NexBilt is a software tool, not a licensed builder, surveyor, engineer, or workplace health and safety professional. Outputs do not constitute professional, legal, financial, or safety advice.

5. Warranty Disclaimer ("AS IS")

• To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, express or implied, including but not limited to warranties of accuracy, completeness, reliability, fitness for a particular purpose, merchantability, or non-infringement.
• NexBilt does not warrant that outputs will be error-free, that the Service will be uninterrupted, or that defects will be corrected.
• This clause is subject to the non-excludable rights set out in Sections 7 and 8 below.

6. Limitation of Liability

• To the maximum extent permitted by law, NexBilt's total aggregate liability to you arising out of or in connection with the Service (whether in contract, tort, statute, or otherwise) is limited to the total fees paid by you to NexBilt in the twelve (12) months immediately preceding the event giving rise to the claim.
• NexBilt will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, business interruption, or reputational damage — even if NexBilt has been advised of the possibility of such damages.
• This clause is subject to the non-excludable rights set out in Sections 7 and 8 below.

7. Australian Consumer Law

• Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other law that cannot lawfully be excluded.
• Where NexBilt is permitted to limit liability for a breach of a non-excludable consumer guarantee under section 64A of the ACL, our liability is limited, at our option, to: (a) re-supplying the Service; or (b) refunding the fees paid for the Service.

8. New Zealand Consumer Guarantees Act

• If you are acquiring the Service for business purposes in New Zealand, you and NexBilt agree that the Consumer Guarantees Act 1993 (NZ) does not apply, in accordance with section 43 of that Act.
• If you are a consumer (not acquiring the Service for business purposes), nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 (NZ).

9. Indemnity

• You agree to indemnify, defend, and hold harmless NexBilt, its directors, officers, employees, and contractors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of AI-generated outputs without qualified professional review; (b) your breach of these Terms; (c) your violation of any law or third-party right; or (d) any claim by a client, insurer, contractor, or third party arising from documents or information you produced using the Service.

10. Termination

• NexBilt may suspend or terminate your access for abuse, fraud, non-payment, or breach of these Terms.
• You may terminate your account at any time by contacting info@nexbilt.com.au.
• Sections 1, 2, 4–9, 11–14 survive termination.

11. Force Majeure

• NexBilt is not liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government action, internet or telecommunications failures, third-party AI provider outages, or cloud infrastructure disruptions.

12. Governing Law & Jurisdiction

• These Terms are governed by the laws of New South Wales, Australia.
• You and NexBilt submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them, for any dispute arising out of or in connection with these Terms or the Service.

13. Severability

• If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible. The remaining provisions continue in full force.

14. Entire Agreement & Updates

• These Terms, together with our Privacy Policy and License & Use Policy, constitute the entire agreement between you and NexBilt regarding the Service.
• We may update these Terms from time to time. Material changes will be notified by email or in-app notice. Continued use after the effective date constitutes acceptance.