Terms of Service

1. Definitions and Interpretation

In these Terms of Service ("Terms"), unless the context otherwise requires:

• "ACL" means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
• "Business" means a business user accessing our services for commercial building and design purposes;
• "Consumer" means a consumer as defined in section 3 of the ACL;
• "Data" means all building design data, floor plans, property analytics, buildable area calculations, and information provided through our Platform;
• "Intellectual Property" means all intellectual property rights including copyright, trade marks, patents, designs, and confidential information;
• "Platform" means the Insitive website, mobile applications, and all associated building envelope visualization and planning services;
• "Building Information" means home design data including but not limited to floor plans, elevations, building specifications, design documentation, garage positions, and buildable envelope calculations;
• "Services" means all services provided through our Platform including building envelope visualization, AI-assisted garage detection, buildable area calculations using RESCODE and Low Density Code planning provisions, comprehensive builder directories with 3,181+ Australian home designs (as of January 2025, subject to change) across multiple states, and related property development services;
• "Planning Provisions" means Victorian planning scheme provisions including RESCODE (Residential Code) and Low Density Code used for calculating buildable areas;
• "User" means any person accessing or using our Platform;
• "We," "us," "our" means Applied AI Pty Ltd (ABN 90 668 168 830, ACN 668 168 830) and its related entities.

Company Details:
Applied AI Pty Ltd
ABN 90 668 168 830
S21, 45 Collins Street
Melbourne, VIC 3000
Phone: 0490 368 432
Email: hello@insitive.com.au

2. Acceptance and Variation of Terms

By accessing, browsing, or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Platform.

We may vary these Terms at any time by publishing updated Terms on our Platform. For material changes affecting Consumers, we will provide at least 30 days' notice via email or prominent notice on our Platform. Your continued use of our Platform after such notice constitutes acceptance of the varied Terms.

3. Platform Access and User Accounts

3.1 Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use our Platform. By using our Platform, you represent and warrant that you meet these eligibility requirements.

3.2 Account Registration

To access certain features, you must create an account. You agree to provide accurate, current, and complete information and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials.

3.3 Prohibited Uses

You agree not to use our Platform to:

• Violate any Australian federal, state, or local laws or regulations;
• Infringe upon or violate our Intellectual Property or the rights of others;
• Submit false, inaccurate, or misleading information;
• Engage in any conduct that restricts or inhibits anyone's use of our Platform;
• Use automated systems to access our Platform without our written consent;
• Attempt to gain unauthorized access to our systems or networks;
• Use our Services for any illegal or unauthorized purpose.

4. Building Design Data and Planning Services

4.1 Data Sources and Accuracy

Our Building Information is sourced from a comprehensive database of 3,181+ Australian home designs (as of January 2025, subject to change) from verified builders across multiple states, AI-assisted analysis systems, and Victorian planning scheme data. While we endeavor to ensure accuracy, we do not warrant that all information is accurate, complete, or current. Building envelope calculations, garage position detections, buildable area assessments, and planning provision interpretations are for informational purposes only and should not be relied upon as definitive assessments for construction or planning permit applications.

No Independent Verification: We do not carry out independent audits or independently verify any builder information, home design specifications, or building costs contained in our Platform. The procedures we use in compiling and presenting information do not constitute an audit or review under any generally accepted auditing standards. Builder information, design specifications, and pricing are provided by builders and third parties, and we make no representation or warranty as to their accuracy, completeness, or currency.

4.2 Buildable Area Calculator - Specific Exclusions and Limitations

Critical Notice: The buildable area calculations, envelope visualizations, and RESCODE assessments provided through our Platform are indicative guides only and are not formal planning advice, building permits, or guarantees of developability. These calculations are based on limited input factors and general planning scheme interpretations.

Significant Exclusions: Our buildable area calculations specifically EXCLUDE critical factors that will significantly impact what can actually be built on any property, including but not limited to:

• Site-Specific Physical Constraints: Slope conditions, soil stability, rock outcrops, existing trees and vegetation, drainage requirements, stormwater management, and geotechnical conditions;
• Title Encumbrances: Easements (drainage, sewerage, electricity, gas, telecommunications, right-of-way), restrictive covenants, Section 173 agreements, caveats, and other registered title restrictions;
• Planning Overlays: Heritage Overlay (HO), Environmental Significance Overlay (ESO), Design and Development Overlay (DDO), Vegetation Protection Overlay (VPO), Bushfire Management Overlay (BMO), Land Subject to Inundation Overlay (LSIO), Special Building Overlay (SBO), and all other planning scheme overlays;
• Council-Specific Requirements: Local planning policies, urban design frameworks, neighbourhood character studies, design review panel requirements, and council-specific variations to standard RESCODE provisions;
• Building Code Requirements: Energy efficiency (NatHERS/BASIX), Bushfire Attack Level (BAL) construction requirements, flood resistance standards, accessibility requirements, and all National Construction Code (NCC) compliance matters;
• Aboriginal Cultural Heritage: Areas of cultural heritage sensitivity requiring Cultural Heritage Management Plans (CHMPs) under the Aboriginal Heritage Act 2006 (Vic);
• Environmental Regulations: Native vegetation removal regulations, waterway setbacks, contaminated land requirements, and Environment Protection Authority (EPA) considerations.

Professional Verification Required: You MUST obtain formal written assessments from a licensed town planner, registered land surveyor, and building surveyor before making any property purchase, building, or development decisions. Our calculations are for preliminary desktop assessment only and cannot replace professional site-specific analysis.

4.3 AI-Assisted Features and Limitations

Our Platform utilizes AI-assisted garage position detection and building envelope visualization technology. While these automated systems are designed for accuracy, AI-generated results may contain errors or require verification. Users should independently verify all AI-generated outputs before making building or planning decisions. We make no warranty regarding the accuracy of automated garage detection, buildable area calculations, or planning provision interpretations.

4.4 Property Market and Forward-Looking Statements

No Property Value Guarantees: Information on our Platform regarding property values, building costs, construction timelines, or development potential does not constitute a guarantee or prediction of future performance or outcomes. Property markets, building material costs, and labour rates fluctuate constantly and vary significantly based on location, economic conditions, supply chain factors, and market dynamics.

Market Fluctuations: You acknowledge and understand that:

• Property values can rise or fall after purchase, and past performance is not indicative of future results;
• Building costs may increase significantly between initial estimates and actual construction due to material shortages, labour costs, or regulatory changes;
• Construction timelines may be extended due to weather, supply chain delays, labour availability, or unforeseen site conditions;
• Planning and building regulations may change, potentially affecting development feasibility or construction costs;
• Interest rates, lending criteria, and financial market conditions may materially affect your ability to finance construction or development;
• Local property market conditions, infrastructure changes, or demographic shifts may positively or negatively impact property values.

Professional Financial Advice Required: Before making any property purchase, building, or development decision, you should seek independent advice from qualified financial advisors, accountants, and property professionals regarding your personal financial circumstances, investment objectives, and risk tolerance.

4.5 RESCODE and Planning Provisions Disclaimer

RESCODE Version: Our buildable area calculations reference Clauses 54, 55, and 56 of the Victorian Planning Provisions (VPP), commonly known as RESCODE (Residential Code) and Low Density Code. These provisions are current as of our last update (January 2025) but may change over time.

Calculation Limitations: These calculations are indicative only and do not constitute official planning advice or guarantee planning permit approval. Actual buildable areas may differ based on:

• Planning Overlays: Heritage Overlay (HO), Environmental Significance Overlay (ESO), Design and Development Overlay (DDO), Vegetation Protection Overlay (VPO), Bushfire Management Overlay (BMO), and other overlays that may impose additional restrictions;
• Local Council Variations: Individual councils may interpret RESCODE differently or apply additional local planning policies and restrictions;
• Zone-Specific Requirements: Different zones (General Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone, Low Density Residential Zone) have different requirements;
• Site-Specific Conditions: Slope, easements, covenants, title restrictions, tree protection orders, and Aboriginal cultural heritage sensitivity;
• Design and Development Overlays: Some municipalities require design review panel approval or have specific design guidelines;
• Bushfire Attack Level (BAL): Properties in bushfire-prone areas may have additional building and siting requirements;
• Flood Levels: Properties in flood-prone areas may require minimum floor levels and other flood protection measures;
• Council Discretion: Even when RESCODE standards are met, councils retain discretionary powers under the Planning and Environment Act 1987 (Vic).

Important: Users MUST consult with their local council, a licensed town planner, and a registered land surveyor before making any planning or building decisions. Our calculations are for preliminary assessment only.

4.6 Victorian Building and Planning Compliance

Building Code Compliance: All home designs in our catalog are intended to comply with the National Construction Code (NCC) / Building Code of Australia (BCA) and Victorian Building Regulations 2018. However:

• Designs must be adapted to specific site conditions by a licensed building practitioner;
• Building regulations are updated regularly - designs may require modifications to meet current standards;
• The Victorian Building Authority (VBA) regulates building work in Victoria - all construction must be performed by licensed builders;
• Building permits must be obtained from your local council or a registered building surveyor;
• Compliance with the Building Act 1993 (Vic) and associated regulations is the responsibility of the builder and building surveyor.

Planning Permit Requirements: Most residential building work in Victoria requires a planning permit. Users must:

• Check with their local council whether a planning permit is required;
• Submit planning applications through the relevant planning authority;
• Be aware that planning decisions may be appealed to the Victorian Civil and Administrative Tribunal (VCAT);
• Understand that planning approval does not guarantee building permit approval.

4.7 Builder Liability and Separation

Builder Independence: Builders listed in our directory (325+ builders as of January 2025, subject to change) are independent entities. Insitive does not:

• Employ, supervise, or control builders listed in our directory;
• Guarantee the quality, timeliness, or cost of builder services;
• Accept liability for builder performance, workmanship, or compliance with building standards;
• Warrant that builders maintain current Victorian Building Authority (VBA) registration;
• Provide warranty or guarantee schemes - these must be obtained separately under the Domestic Building Contracts Act 1995 (Vic).

Builder Obligations: Builders are solely responsible for:

• Maintaining current VBA registration and insurance;
• Providing domestic building insurance as required by law;
• Compliance with building permits, plans, and specifications;
• Workmanship warranty obligations under Victorian law;
• Dispute resolution through Domestic Building Dispute Resolution Victoria (DBDRV) or VCAT.

Verification Required: Users must independently verify builder credentials through the VBA website (vba.vic.gov.au) before engaging any builder.

Consumer Rights Protection: Nothing in this section limits or excludes any non-excludable guarantees, warranties, or other consumer rights under the Australian Consumer Law (ACL) that may apply to our Services.

4.8 Professional Advice Disclaimer

Our Services do not constitute professional architectural, engineering, legal, planning, surveying, or construction advice. Users should seek independent professional advice from:

• Licensed Architects: For architectural design and building design advice (registered with the Architects Registration Board of Victoria);
• Registered Town Planners: For planning permit applications and planning scheme interpretation (Planning Institute of Australia members);
• Licensed Land Surveyors: For boundary surveys, site surveys, and subdivision advice;
• Registered Building Surveyors: For building permit applications and building code compliance;
• Structural Engineers: For structural design and engineering certification;
• Legal Professionals: For contracts, title issues, and legal disputes.

We are not licensed as architects, engineers, building contractors, town planners, or surveyors under Victorian or Australian law.

4.9 Use of Building Information and Rate Limits

Building Information provided through our Platform is for your internal use only. You may not redistribute, resell, or commercially exploit this information without our written consent, except as permitted under fair dealing provisions of the Copyright Act 1968 (Cth). Builder portfolios and home designs remain the intellectual property of their respective builders and design professionals.

API and Service Limits: To ensure fair use and platform stability, we implement the following limits:

• AI Garage Detection: Maximum 50 floor plan submissions per day per account to manage AI processing costs;
• RESCODE Calculations: Maximum 100 buildable area calculations per day per account;
• Builder Directory: Maximum 200 builder profile views per day;
• Design Catalog: Maximum 500 home design views per day;
• Rate Limit Violations: Accounts exceeding these limits may be temporarily suspended pending review.

Users requiring higher limits for commercial or professional use should contact us at support@insitive.com.au to discuss enterprise arrangements.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All Intellectual Property in our Platform, including software, algorithms, databases, design, and content, is owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable license to access and use our Platform in accordance with these Terms.

5.2 User Content

You retain ownership of content you submit to our Platform ("User Content"). By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content in connection with our Services.

5.3 Feedback

Any feedback, suggestions, or improvements you provide regarding our Platform may be used by us without any obligation to you.

5.4 Copyright Infringement and Takedown Process

We respect the intellectual property rights of others and expect our users to do the same. If you believe that content on our Platform infringes your copyright or other intellectual property rights:

• Notification Process: Send a written notice to hello@insitive.com.au including:
  • Your contact information and proof of identity;
  • Identification of the copyrighted work or intellectual property claimed to be infringed;
  • Identification of the allegedly infringing content on our Platform (including URL or specific location);
  • A statement that you have a good faith belief that the use is not authorized;
  • A statement that the information in your notice is accurate and you are the owner or authorized to act on behalf of the owner;
  • Your signature (physical or electronic).
• Response Timeline: We will investigate and respond to valid infringement notices within 7 business days;
• Takedown Action: If we determine that content infringes intellectual property rights, we will remove or disable access to the content;
• Counter-Notification: Users whose content is removed may submit a counter-notification if they believe the removal was erroneous;
• Repeat Infringers: Accounts with repeated infringement violations will be terminated.

This process complies with the Copyright Act 1968 (Cth) and the Copyright Amendment (Digital Agenda) Act 2000.

6. Privacy and Data Protection

Our collection, use, and disclosure of personal information is governed by our Privacy Policy and the Privacy Act 1988 (Cth). By using our Platform, you consent to such collection, use, and disclosure as set out in our Privacy Policy.

6.1 Data Portability and Access Rights

You have the right to access and export your personal data from our Platform:

• Exportable Data: Account information, saved home designs, building envelope calculations, RESCODE calculation history, builder preferences, and floor plan uploads;
• Export Format: Data provided in JSON or CSV format suitable for transfer to another service;
• Request Process: Email privacy@insitive.com.au with "Data Portability Request" in the subject line;
• Delivery Timeline: Within 30 days of identity verification;
• Deletion Requests: You may request deletion of your personal information subject to legal retention requirements (see Privacy Policy for details).

7. Subscription Plans and Payment Terms

7.1 Subscription Services

Certain features require paid subscriptions. Subscription fees are charged in advance and are non-refundable except as required by the ACL or other applicable law.

7.2 Automatic Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the current period expires. We will provide notice of upcoming renewals as required by law.

7.3 Price Changes

We may change subscription prices with 30 days' notice. Price changes will not affect your current subscription period.

8. Warranties and Consumer Guarantees

8.1 Australian Consumer Law

If you are a Consumer, our Services come with guarantees that cannot be excluded under the ACL. These include guarantees that services will be provided with acceptable quality, due care and skill, and be fit for purpose.

8.2 Business Users

For Business users, to the maximum extent permitted by law, we exclude all warranties and conditions except those that cannot be excluded by law.

8.3 Platform Availability

We aim to maintain Platform availability but do not guarantee uninterrupted access. We may suspend access for maintenance, updates, or technical issues.

9. Limitation of Liability

9.1 Consumer Rights

If you are a Consumer and we fail to comply with a consumer guarantee under the ACL, our liability is limited to:

• For goods: repair, replacement, or refund;
• For services: re-performance or refund of the cost of re-performance.

9.2 Business Users

For Business users, to the maximum extent permitted by law, our total liability for all claims arising from these Terms or your use of our Platform is limited to the amount paid by you for our Services in the 12 months preceding the claim.

9.3 Excluded Damages

To the maximum extent permitted by law, we exclude liability for:

• Indirect, consequential, or special damages;
• Loss of profits, revenue, or business opportunities;
• Loss of data or information;
• Building decisions based on our Building Information;
• Any damages arising from third-party content or services.

Consumer Rights Protection: Nothing in this section limits or excludes any non-excludable guarantees, warranties, or other consumer rights under the Australian Consumer Law (ACL) that apply to you.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of our Platform in violation of these Terms;
• Your violation of any third-party rights;
• Any User Content you submit;
• Your negligent or wrongful conduct.

11. Termination

11.1 Termination by You

You may terminate your account at any time by following the cancellation process in your account settings or by contacting us.

11.2 Termination by Us

We may suspend or terminate your access immediately if you breach these Terms, engage in illegal activity, or for operational reasons with reasonable notice.

11.3 Effect of Termination

Upon termination, your access rights cease immediately. Provisions regarding intellectual property, indemnification, and limitation of liability survive termination.

12. Dispute Resolution

12.1 Informal Resolution

Before commencing formal proceedings, you agree to notify us in writing of any dispute and attempt good faith resolution for 30 days.

12.2 Jurisdiction and Governing Law

These Terms are governed by the laws of Victoria, Australia. The courts of Victoria have exclusive jurisdiction over any disputes, except where the ACL provides otherwise.

12.3 Small Claims

Consumer disputes may be referred to the Victorian Civil and Administrative Tribunal (VCAT) or the Australian Financial Complaints Authority where applicable.

13. Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, cyber attacks, or infrastructure failures.

14. Compliance with Laws

Our Platform complies with applicable Australian laws including:

• Competition and Consumer Act 2010 (Cth);
• Privacy Act 1988 (Cth);
• Corporations Act 2001 (Cth);
• Building Act 1993 (Vic);
• Fair Trading Act 1999 (Vic).

15. Severability and Interpretation

If any provision is found invalid or unenforceable, it will be severed without affecting the validity of remaining provisions. These Terms constitute the entire agreement between us regarding the subject matter.

16. Notices

Legal notices must be sent to hello@insitive.com.au. We may provide notices to you via email or through our Platform.

17. Contact Information

Applied AI Pty Ltd
ABN 90 668 168 830
Email: hello@insitive.com.au
Phone: 0490 368 432
Address: S21, 45 Collins Street
Melbourne, VIC 3000
Australia