Terms of Service

1. Acceptance of Terms

By accessing or using the Owner Builder Buddy platform ("Platform"), website, mobile application, or any related services provided by Owner Builder Buddy Australia Pty Ltd ("Company", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you may not access or use our Platform. These Terms constitute a legally binding agreement between you and the Company.

2. Definitions

3. Platform Services

3.1 Currently Available Services

Our Platform currently provides:

• Connection services between owner-builders and trade professionals
• Project management tools including 91-stage build timeline tracking
• Budget tracking and expense management with receipt uploads
• Document storage and organization for construction projects
• Communication tools for messaging between users
• Educational content and compliance information including NCC (National Construction Code) chatbot
• Trade discovery and invitation system for finding licensed professionals
• Project collaboration features for owner-builders and their trade teams
• Review and rating system for trade professionals

3.2 Planned Services (Under Development)

The following services are planned for future release and are not currently available:

• Integrated payment processing for invoices and quotes
• Direct payment to trade professionals through the platform
• Advanced financial tracking and reporting

We will notify users when these features become available. These Terms may be updated at that time to reflect new functionality.

3.3 Service Availability

We strive to maintain continuous service availability but do not guarantee uninterrupted access. We may temporarily suspend services for maintenance, updates, or technical issues. As a beta platform, you may experience occasional bugs, errors, or service interruptions as we improve the system.

4. User Accounts and Registration

4.1 Account Creation

To access Platform features, you must create an account by providing:

• Accurate and complete personal information
• Valid email address and phone number
• For trade professionals: Professional credentials, valid Australian trade licenses, and current insurance certificates
• For trade businesses: Australian Business Number (ABN) and Australian Company Number (ACN) where applicable

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Keeping your account information current and accurate
• Using strong passwords and enabling two-factor authentication when available

4.3 Account Verification

We may require verification of your identity, professional licenses, insurance coverage, and other credentials. Trade professionals must maintain valid licenses and insurance throughout their use of the Platform. Unverified accounts or accounts with expired credentials may have limited access to Platform features.

5. User Conduct and Prohibited Activities

5.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable Australian or international laws or regulations
• Infringe on intellectual property rights of others
• Post false, misleading, or defamatory content
• Engage in fraudulent or deceptive practices
• Harass, threaten, or abuse other users
• Attempt to gain unauthorized access to systems or other user accounts
• Distribute malware or harmful code
• Spam or send unsolicited communications to other users
• Scrape or harvest user data without permission
• Impersonate others or misrepresent your credentials

5.2 Professional Standards for Trades

Trade professionals must:

• Maintain valid Australian trade licenses and insurance at all times
• Provide accurate information about qualifications and experience
• Deliver services in a professional and workmanlike manner
• Comply with Australian building codes, standards, and regulations (including NCC)
• Honor quoted prices and timelines or communicate changes promptly
• Maintain appropriate workplace health and safety standards
• Respond to owner-builder inquiries in a timely manner

5.3 Content Standards

All content posted on the Platform (including messages, documents, photos, and reviews) must be appropriate, accurate, and comply with our community guidelines. We reserve the right to remove content that violates these standards without prior notice.

6. Subscription Tiers and Access

6.1 Available Subscription Tiers

We offer the following subscription tiers for owner-builders:

6.2 Subscription Terms

During the beta period:

• Subscription tiers control access to different construction phases
• Users can upgrade to higher tiers at any time
• Pricing and payment terms will be announced when the platform exits beta
• Beta users may receive preferential pricing when commercial launch occurs

Note: Payment processing is not yet implemented. When payment functionality launches, these Terms will be updated to include payment terms, refund policies, and billing information.

7. Intellectual Property Rights

7.1 Platform Content

The Platform and its content, including but not limited to text, graphics, logos, software, user interface design, and educational materials, are owned by us or our licensors and protected by Australian and international intellectual property laws.

7.2 User Content

You retain ownership of content you upload to the Platform (including documents, photos, and project information) but grant us a limited license to:

• Store and display your content on the Platform
• Share your content with other users you authorize (project participants, invited trades)
• Use de-identified, aggregated data for Platform improvement
• Modify content for technical compatibility (resizing images, format conversion)

We will not use your personal project content for marketing or promotional purposes without your explicit permission.

7.3 Trade Profile Content

Trade professionals grant us permission to display their business profiles, reviews, and ratings publicly on the Platform to help owner-builders make informed decisions.

7.4 Trademark Usage

You may not use our trademarks, logos, or brand elements without prior written permission. "Owner Builder Buddy" and related marks are trademarks of Owner Builder Buddy Pty Ltd.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and complies with the Australian Privacy Principles under the Privacy Act 1988 (Cth).

By using the Platform, you consent to:

• Collection and use of your information as described in our Privacy Policy
• Storage of your data by our service providers (Supabase, Vercel) which may include servers outside Australia
• Use of your data to power AI features including the NCC chatbot (processed by OpenAI)
• Sharing of your profile information with other Platform users as necessary for collaboration

Please review our Privacy Policy at /privacy-policy for complete details on how we handle your personal information.

9. Disclaimers and Limitations of Liability

9.1 Platform Disclaimer

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied. To the maximum extent permitted by Australian law, we disclaim all warranties including:

• Merchantability and fitness for a particular purpose
• Accuracy, completeness, or reliability of content (including NCC information and AI-generated guidance)
• Uninterrupted or error-free operation (particularly during beta period)
• Security or freedom from viruses or harmful components
• Outcomes or results from using the Platform

9.2 Not Professional Advice

9.3 Third-Party Services and Users

We are not responsible for:

• Quality, timeliness, or legality of work performed by trade professionals
• Disputes between users (owner-builders and trades)
• Verification of trade licenses, insurance, or qualifications (users must verify independently)
• Compliance with building codes, permits, or regulations (user's responsibility)
• Safety incidents, injuries, or property damage during construction
• Financial losses from construction projects or business dealings between users
• Accuracy of quotes, estimates, or project timelines provided by trades

9.4 Limitation of Liability

To the maximum extent permitted by Australian law:

• Our total liability for any claims arising from your use of the Platform shall not exceed the amount you paid to us (if any) in the 12 months preceding the claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for loss of profits, data, business opportunities, or goodwill

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law, including liability for death or personal injury caused by negligence.

10. Reviews and Ratings

10.1 Review Guidelines

Users may post reviews and ratings of trade professionals. All reviews must:

• Be based on genuine experiences with the trade professional
• Be honest, fair, and factual
• Not include defamatory, abusive, or discriminatory content
• Not disclose confidential information
• Comply with Australian consumer protection laws

10.2 Our Rights

We reserve the right to remove reviews that violate these guidelines or appear to be fraudulent, fake, or in violation of our Terms. However, we do not pre-screen reviews and are not responsible for their content.

11. Indemnification

You agree to indemnify and hold harmless Owner Builder Buddy Pty Ltd, its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms or any applicable laws
• Your infringement of third-party rights
• Your interactions, contracts, or disputes with other users
• Content you post or share on the Platform
• Construction work performed on your project (for owner-builders)
• Services you provide to other users (for trade professionals)

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your profile settings
• Contacting our support team at admin@ownerbuilderbuddy.com

Upon account deletion, your personal information will be anonymized or deleted within 30 days in accordance with our Privacy Policy, subject to legal record-keeping requirements.

12.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our acceptable use policies
• Engage in fraudulent, illegal, or deceptive activities
• Fail to maintain required licenses or insurance (trade professionals)
• Pose a risk to other users or the Platform's integrity
• Receive multiple complaints or negative reports from other users
• Attempt to circumvent Platform security or payment systems

12.3 Effect of Termination

Upon termination of your account, your access to the Platform will cease. However, certain provisions of these Terms will survive termination, including: intellectual property rights, disclaimers, limitations of liability, indemnification obligations, and dispute resolution procedures. Project data shared with other users may remain accessible to those users for project continuity purposes.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia, without regard to conflict of law principles.

13.2 Dispute Resolution Process

Before initiating legal proceedings, parties agree to attempt resolution through:

1. Direct negotiation: Contact us at admin@ownerbuilderbuddy.com to discuss the dispute
2. Mediation: If negotiation fails, engage in good faith mediation with a mutually agreed mediator
3. Arbitration: If mediation is unsuccessful, submit to binding arbitration under Australian Commercial Disputes Centre (ACDC) rules

13.3 Jurisdiction

Any legal proceedings that cannot be resolved through the above process must be brought in the courts of Western Australia, and you consent to the exclusive jurisdiction of these courts.

14. General Provisions

15. Changes to Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will notify you of material changes by:

• Email notification to your registered email address (at least 30 days before changes take effect for material changes)
• Prominent notice on the Platform homepage
• In-app notifications when you next log in

For significant changes (such as new payment features), we will provide additional notice and may require your explicit acceptance before you can continue using affected features.

Your continued use of the Platform after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you should stop using the Platform and may delete your account.

16. Contact Information

If you have questions about these Terms or need to contact us regarding your account, please reach out: