Terms of Service — BuildMate

1. Acceptance of Terms

By accessing or using BuildMate ("the Service") at buildmate.lighttune.com.au, you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("you" or "User") and Light Tune Pty Ltd (ABN 20 684 152 618) ("we", "us", or "our").

1.1 Eligibility

The Service is intended for users who are 18 years of age or older. By creating an account, you represent that you are at least 18 years old.

1.2 Consumer Rights

Nothing in these Terms limits your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted or modified, including the consumer guarantees in sections 60 and 61 (services provided with due care and skill, and fitness for a disclosed purpose). See clause 11.

2. About the Service

BuildMate is an AI-powered planning and construction information service for New South Wales. It provides three categories of functionality:

All outputs are generated by artificial intelligence and are provided for reference only. You should exercise your own skill and care and independently verify all outputs before relying on them (see clauses 3–5). The AI providers we currently use are listed in clause 13.

3. IMPORTANT — Not Professional Advice

3.1 General information only

The Service, including all AI-generated outputs, reports and Site Analysis results, provides general information only. It does not constitute, and must not be relied upon as:

• professional town planning advice;
• professional legal advice;
• professional building, engineering or construction advice;
• architectural advice or the services of an architect (we are not registered under, and nothing in the Service is provided under, the Architects Act 2003 (NSW));
• financial or investment advice;
• an official interpretation of any planning instrument, code or standard; or
• a substitute for professional judgement.

3.2 AI limitations

You acknowledge and agree that:

• AI outputs may contain errors, omissions, or inaccuracies;
• AI outputs may not reflect the most recent changes to planning instruments, codes or standards;
• AI may misinterpret, oversimplify or incorrectly apply regulatory provisions;
• AI cannot assess your specific circumstances, site conditions or project requirements; and
• AI is not a licensed professional and cannot replace professional judgement.

3.3 Your obligation to verify

Before relying on any output from the Service, you must:

1. verify with official sources (e.g., the NSW Planning Portal, the NSW legislation website, the relevant council, and the original codes and standards);
2. consult qualified professionals — such as a registered town planner, solicitor, architect, engineer, registered design practitioner or registered certifier — as appropriate; and
3. confirm currency, as planning controls, zoning, permit requirements and property details may change without notice.

4. IMPORTANT — No Approval Outcomes

We do not provide, promise or guarantee any approval, consent, certificate or determination of any kind, including:

• development consent (DA) from any council or approval body;
• a Complying Development Certificate (CDC) or Construction Certificate (CC) from any certifier;
• an Occupation Certificate (OC); or
• any other approval, determination or outcome.

Any CDC feasibility indication in a Site Analysis is indicative only. Only a registered certifier (or council) can determine a CDC application, and certifiers can only issue a CDC or CC after all required regulated designs and design compliance declarations have been provided to them under the Design and Building Practitioners Act 2020 (NSW) and its Regulation. The Service plays no part in that process.

5. Design and Building Practitioners Act 2020 (NSW) — Boundary

You acknowledge that:

1. For Class 2, 3 and 9c buildings (including mixed-use buildings with a Class 2, 3 or 9c part), any building element design or performance solution that constitutes a regulated design must be prepared and declared by a registered design practitioner, who must lodge a design compliance declaration on the NSW Planning Portal before construction work begins.
2. No output of the Service constitutes a regulated design, and we do not issue design compliance declarations. You must engage your own registered design practitioner (and, where applicable, other registered practitioners) for any regulated design work.
3. Concept sketches, feasibility indications, planning summaries or draft documents produced by the Service are input material for your licensed professionals only, and must not be lodged, relied on or used as if they were compliant regulated designs.

6. Accounts

6.1 Account creation and security

To access certain features you must create an account. You agree to:

• provide accurate, current and complete registration information;
• maintain and update your information as necessary;
• keep your credentials confidential and not share your account with others; and
• notify us immediately at info@lighttune.com.au if you become aware of any unauthorised use of your account.

6.2 Suspension and termination by us

We may suspend or terminate your account if you materially breach these Terms (including the Acceptable Use rules in clause 8) and, where the breach is capable of remedy, you fail to remedy it within 14 days of notice, or where required by law, or where necessary to protect the Service, other users or third parties from harm. Where practicable, we will give you prior notice and the reason.

You may terminate your account at any time via your account settings or by contacting us (see clause 21).

7. Subscriptions, Payments and Cancellations

7.1 Plans and pricing

We offer subscription plans (currently Free, Basic, Investor and Pro) and pay-per-use products (such as individual reports and documents), as described on our pricing page. All prices are in Australian dollars (AUD) and include GST where applicable. We use Stripe as our payment processor; your payment details are handled by Stripe under its own terms and privacy policy, and we do not store your full card number.

7.2 Billing and automatic renewal

• Subscriptions renew automatically at the end of each billing period (monthly or annual, as selected) unless you cancel before the renewal date.
• For annual plans, we will send you a reminder email before each automatic renewal, including the amount and the renewal date. For monthly and other plans, we may send renewal reminders from time to time; your cancellation rights under clause 7.3 are unaffected.
• If you purchase a pay-per-use report or document, you are charged once at the time of purchase.

7.3 Cancellation

You may cancel a paid subscription at any time through your account settings or by emailing info@lighttune.com.au. Cancellation takes effect at the end of the current billing period, and you retain access until then. There are no cancellation fees.

7.4 Refunds

Except as required by the Australian Consumer Law (including for major failures of our services, where you may be entitled to cancel and obtain a refund) or as otherwise agreed by us in writing, fees already paid are non-refundable for the remainder of a billing period. We do not provide refunds for change of mind. Pay-per-use products: if we fail to deliver your report, you will receive a full refund.

7.5 Price changes

We will give you at least 30 days' notice before any price increase applies to your subscription. If you do not accept the new price, you may cancel before the change takes effect and you will not be charged the new price.

8. Acceptable Use

8.1 Permitted uses

You may use the Service for research and reference in connection with building, planning and property projects, including commercial use within your organisation or your clients' projects.

8.2 Prohibited uses

You agree not to:

• use the Service for any unlawful purpose;
• use outputs as the sole basis for building compliance, planning or purchase decisions without professional verification;
• submit sensitive, confidential or personal information (including other people's personal information, health information, or commercially sensitive material) into AI chat or AI analysis features — see our Privacy Policy (section 3.1) for how AI inputs are processed;
• attempt to reverse engineer, decompile, or extract our models, prompts, or retrieval corpus;
• scrape, crawl, or bulk-download content, or circumvent usage limits;
• overload, disrupt, or interfere with the Service's infrastructure;
• impersonate any person or entity;
• use the Service to generate harmful, offensive, or misleading content;
• resell, redistribute, or sublicense access to the Service except as expressly permitted under a Channel Partner arrangement with us (clause 10); or
• remove, alter, or obscure any copyright or attribution notices.

9. Your Content and Report Licence

9.1 Your content

You retain ownership of content you submit (e.g., queries, property details, feedback). You grant us a non-exclusive, royalty-free, worldwide licence to host, use, process, store and reproduce that content solely to provide, maintain, secure and improve the Service, to develop new features, products and services, and as otherwise described in clause 9.3 and our Privacy Policy (sections 3.1, 3.3, 3.4 and 3.5).

You acknowledge that feedback you submit may be used by us without restriction or compensation.

9.2 Reports and outputs

Reports, site analyses and other AI-generated outputs are for your information and use. We do not claim copyright or other ownership in AI-generated outputs (content you submitted that is embedded in an output remains yours under clause 9.1). You are free to use, copy, adapt and share outputs, including for development applications and with your advisers and clients.

You must not:

• remove, alter or obscure any disclaimer, attribution or marking included in an output; or
• present an output as prepared or certified by a licensed professional (for example, an architect, planner, surveyor or certifier).

Because outputs are generated by AI from public planning data and the information you supply, the same or similar outputs may be produced for other users with similar inputs.

9.3 Product improvement and model training

We may use AI inputs and outputs to improve the Service as follows:

You acknowledge that:

1. De-identified data is generally not personal information under the Privacy Act 1988 (Cth); we take reasonable steps to ensure that individuals are not reasonably identifiable in the de-identified data used for product improvement.
2. Opt-outs take effect on a forward-looking basis. Content already included in an improvement or training dataset is not retrospectively removed.
3. Changing your product improvement preference does not affect the processing required to provide the Service to you.
4. Nothing in this clause permits us to handle your personal information in breach of the Privacy Act 1988 (Cth).

10. Channel Partners (B2B2C)

Where you access the Service through, or you are a Channel Partner who provides the Service to, clients (for example, a buyer's agency):

1. The Channel Partner is responsible for its clients' compliance with these Terms in their use of the Service.
2. The Service remains an AI information service under these Terms for all end users — the disclaimers and boundaries in clauses 3–5 apply equally to Channel Partner clients.
3. Channel Partners must not represent BuildMate outputs as the professional opinion of the partner or of any licensed professional.
4. Data handling for accounts created under a Channel Partner is described in our Privacy Policy.

11. Warranties and Limitation of Liability

11.1 No warranties (to the extent permitted)

To the maximum extent permitted by law, the Service is provided "as is" and "as available", and we do not warrant that it will be uninterrupted, error-free or secure, or that outputs will be accurate, complete or current. Availability of the Service is not guaranteed and may be affected by maintenance, third-party services and events beyond our reasonable control.

11.2 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law.

If you are a consumer within the meaning of the Australian Consumer Law, our services come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

11.3 Exclusion of certain loss (to the extent permitted)

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, data, goodwill or business opportunities, arising out of or relating to the Service.

11.4 Liability cap

To the maximum extent permitted by law, and subject to clauses 11.2 and 11.5, our total aggregate liability for all claims arising out of or relating to the Service is limited to the greater of:

• the fees you paid to us for the Service in the 12 months preceding the first claim; or
• AUD $100.

11.5 Where our liability cannot be limited

Where the services are supplied to you in trade or commerce and are not of a kind ordinarily acquired for personal, domestic or household use, and the Australian Consumer Law permits limitation under section 64A, our liability for a failure to comply with a consumer guarantee is limited (at our option) to supplying the services again, or paying the cost of having the services supplied again. This clause does not apply to liability that cannot be limited by law.

12. Indemnity

You agree to indemnify us, our officers, employees and agents against claims, losses, or costs (including reasonable legal fees) arising from your breach of these Terms, your unlawful use of the Service, or your infringement of third-party rights. This clause does not require you to indemnify us for our own negligence or breach, and does not limit any right you have under the Australian Consumer Law.

13. Third-Party Services and Data Sources

The Service integrates with and relies on third-party services and public data, including:

• Google Gemini API — AI processing (see our Privacy Policy, section 3.1, for how AI inputs are handled);
• Supabase — database hosting and authentication;
• Stripe — payment processing;
• NSW Government public data — planning instruments and spatial/planning information (e.g., via the NSW Planning Portal ecosystem).

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services or for the accuracy of public data sources.

13.1 AI provider and service tiers

We currently use the paid tier of Google's Gemini API; under Google's terms for paid services, your inputs and outputs are not used by Google to train or improve its own models.

We may change AI providers, models, or service tiers from time to time. Where a change materially affects how a provider handles your data (for example, moving to a provider or tier under which inputs and outputs may be used for product improvement or may be subject to human review), we will update our Privacy Policy and notify you at least 30 days before the change takes effect, in accordance with clause 17. Regardless of the tier in use, you must not submit sensitive, confidential or personal information into AI features (clause 8.2).

14. Intellectual Property and Attribution

14.1 Our IP

BuildMate's name, logo, design, software and original content are owned by Light Tune Pty Ltd and protected by Australian and international intellectual property laws.

14.2 NSW Government data (CC BY 4.0)

Planning information drawn from NSW Government sources is used under the Creative Commons Attribution 4.0 licence. We acknowledge:

© State of New South Wales. For current information go to www.nsw.gov.au.

We may have modified, excerpted or synthesised such material in producing outputs, and BuildMate outputs are AI-generated syntheses — they are not official NSW Government publications. NSW Government does not endorse BuildMate or any output of the Service.

14.3 Other codes and standards

The NCC and other codes and standards remain the property of their respective bodies (e.g., the Australian Building Codes Board) and are referenced only as permitted by their applicable licences.

15. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use and disclose personal information, including data flows to third-party AI providers (clause 13.1) and our product improvement and training practices (clause 9.3).

16. Service Changes

We may modify, suspend or discontinue features. Where a change materially and adversely affects your paid subscription, we will give you reasonable prior notice (at least 30 days where practicable) and, if you do not accept the change, you may cancel under clause 7.3 without cancellation fee.

17. Changes to These Terms

We may revise these Terms from time to time. We will notify you of material changes at least 30 days before they take effect by posting the updated Terms with a new "Last updated" date and by posting a notice in the Service's changelog. If you do not agree to the revised Terms, you may cancel before they take effect.

18. Complaints and Disputes

If you have a complaint, contact us at info@lighttune.com.au. We will acknowledge your complaint within 5 business days and aim to resolve it within 30 days. Nothing in these Terms prevents you from exercising your rights under the Australian Consumer Law or any other law, or from contacting a regulator.

19. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the jurisdiction of the courts of New South Wales and the Federal Court of Australia.

20. General

• Severability: If a provision is unenforceable, it is limited to the minimum extent necessary and the rest remains in force.
• Entire agreement: These Terms, the AI Disclaimer and the Privacy Policy form the entire agreement regarding the Service.
• Assignment: You may not assign these Terms without our consent; we may assign to a related entity or a purchaser of our business with notice to you.

21. Contact

• Email: info@lighttune.com.au
• Post: Wolli Creek NSW 2205
• Entity: Light Tune Pty Ltd (ABN 20 684 152 618)