Terms of service

1. About these Terms

These Terms of Service ("Terms") govern your access to and use of the PRAVR application, website, APIs and related services (together, the "Service"), operated by PRAVR Pty Ltd (ABN [ABN]) ("PRAVR", "we", "us", "our").

By creating an account, accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company, firm or other organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.

If you do not agree to these Terms, you must not use the Service.

2. Definitions

• Account — the account you register to access the Service.
• Inspection Data — the observations, measurements, readings, photographs, annotations, notes and other information you input into or upload to the Service.
• Report — any document, export or output generated by the Service from Inspection Data.
• Recipient — any third party to whom you provide a Report, including insurers, loss adjusters, brokers, property owners, occupiers, builders, remediators, lawyers and courts.
• Subscription — a paid plan giving access to the Service for a defined period.

3. Eligibility and accounts

3.1 The Service is provided for professional and business use only. It is not intended for consumers acquiring the Service for personal, domestic or household use.

3.2 You must be at least 18 years old and legally capable of entering into a binding contract.

3.3 You are responsible for ensuring you hold all licences, registrations, accreditations, qualifications and insurances required in your jurisdiction to carry out inspections and to prepare and issue Reports. The Service does not confer any qualification, accreditation or authority on you.

3.4 You must provide accurate registration information and keep it current. You are responsible for all activity under your Account and for keeping your credentials confidential. You must notify us promptly of any suspected unauthorised access.

3.5 Where your plan permits multiple users, you are responsible for the acts and omissions of each user under your Account as if they were your own.

4. Nature of the Service — important

4.1 The Service is a tool, not an inspection, an opinion, or professional advice. The Service assists you in recording, structuring, formatting and delivering the results of inspections that you carry out using your professional skill and judgement.

4.2 We do not inspect any property, verify any Inspection Data, or form any view about the condition of any property, the presence or extent of moisture, mould or damage, the cause of any damage, or the appropriateness of any remediation or claim.

4.3 Any template, checklist, prompt, standard reference, classification, suggested wording, calculation, automated analysis or machine-learning-assisted feature within the Service is provided as a productivity aid only. Such features may produce incomplete, inaccurate or inappropriate output. You must independently review, verify and, where necessary, correct all content of a Report before issuing it. You remain the author of every Report you issue.

4.4 You are solely responsible for:

(a) the adequacy and conduct of each inspection; (b) the accuracy, completeness and currency of all Inspection Data; (c) the content, conclusions, recommendations and issue of each Report; (d) compliance with all applicable laws, industry standards, codes of practice, licensing conditions and contractual obligations that apply to your work; and (e) any decision made by you or by a Recipient in reliance on a Report.

4.5 We give no assurance that any Report will satisfy the requirements of any insurer, regulator, standards body, tribunal or court, or that any Report is admissible or sufficient as evidence in any proceeding.

5. Reports and third-party Recipients

5.1 Reports are provided by you to Recipients. We are not a party to your engagement with any client or Recipient.

5.2 We owe no duty of care to any Recipient and make no representation to any Recipient. You must not represent, expressly or by implication, that we have inspected any property, endorsed any Report, verified any Inspection Data, or accepted any responsibility for a Report.

5.3 You must not remove, obscure or alter any notice, disclaimer or attribution that the Service applies to a Report where doing so would mislead a Recipient as to the origin or basis of the Report.

5.4 You are responsible for retaining your own records of Inspection Data and Reports in accordance with your legal, regulatory, professional-indemnity and record-keeping obligations. The Service is not a compliant archive of record and you must not rely on it as your sole repository.

6. Subscriptions, fees and payment

6.1 Access to paid features requires a current Subscription. Fees, billing frequency and included usage are as set out at the point of purchase or in an applicable order form.

6.2 Unless stated otherwise, fees are payable in advance and are non-refundable except where a refund is required by law.

6.3 Subscriptions renew automatically for successive periods unless cancelled before the end of the then-current period. You may cancel at any time via your Account settings, with effect from the end of the current period.

6.4 We may change fees on not less than [30] days' notice, effective from your next renewal. If you do not accept a change, your remedy is to cancel before it takes effect.

6.5 Fees are exclusive of GST, VAT, sales tax, withholding tax and similar imposts, which you must pay in addition. Where we are required to collect such taxes, they will be added to your invoice.

6.6 You are responsible for any bank, card or currency-conversion charges. If a payment fails or is overdue, we may suspend access until the amount is paid and may charge interest at [rate] per annum on overdue amounts.

7. Your data and content

7.1 Ownership. As between you and us, you own all Inspection Data and Reports. We claim no ownership of them.

7.2 Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, adapt and process Inspection Data and Reports solely to the extent necessary to provide, secure, maintain and support the Service, and to comply with law.

7.3 Aggregated data. We may generate and use de-identified, aggregated statistical information derived from use of the Service to operate and improve it, provided that such information does not identify you, any Recipient, any individual or any property.

7.4 Model training. [We do not use your Inspection Data or Reports to train generally available machine-learning models. / Describe your actual position — this clause must match reality.]

7.5 Your warranties. You warrant that you have all rights and consents necessary to upload Inspection Data (including photographs of premises and any personal information within them) and to grant the licence in clause 7.2, and that doing so does not breach any law, confidentiality obligation or third-party right.

7.6 Export and deletion. You may export your data at any time while your Account is active. Following termination we will retain your data for [30] days to allow export, after which it may be permanently deleted. Backup copies may persist for a further [90] days in accordance with our backup cycle.

8. Privacy and data protection

8.1 Our handling of personal information is described in our Privacy Policy at [URL], which forms part of these Terms.

8.2 The Service is operated from and data is [stored / processed] in [LOCATION(S)]. By using the Service you consent to the transfer, storage and processing of data in those locations, which may be outside the country in which you or your clients are located.

8.3 In respect of personal information contained in Inspection Data, you are the controller (or, under Australian law, the entity primarily responsible) and we act as processor on your instructions. You are responsible for having a lawful basis to collect that information, for providing required notices to individuals, and for responding to requests from individuals to exercise their rights.

8.4 Where the GDPR, UK GDPR or other data protection legislation applies to your use of the Service, our [Data Processing Addendum at URL] applies and is incorporated into these Terms.

8.5 We will notify you without undue delay after becoming aware of a personal data breach affecting your data, and will provide reasonable assistance with your own notification obligations.

9. Acceptable use

You must not, and must not permit any person to:

(a) use the Service other than in accordance with these Terms or applicable law; (b) upload content that is unlawful, defamatory, infringing, or that you are not authorised to disclose; (c) fabricate, falsify or backdate Inspection Data, or use the Service to produce a Report that you know or ought to know is misleading, or that misrepresents when, by whom or how an inspection was conducted; (d) use the Service to facilitate insurance fraud or any other unlawful purpose; (e) copy, modify, reverse engineer, decompile or create derivative works of the Service, except to the extent this restriction is prohibited by law; (f) resell, sublicense, white-label or provide the Service to third parties as a service, except under a separate written agreement with us; (g) scrape, bulk-extract, or use automated means to access the Service other than through documented APIs; (h) attempt to gain unauthorised access to the Service, other accounts, or any related systems, or interfere with the integrity, security or performance of the Service; (i) use the Service to develop a competing product or service, or to benchmark it for that purpose; or (j) share credentials or exceed the number of licensed users on your plan.

10. Intellectual property

10.1 We and our licensors own all intellectual property rights in the Service, including its software, interfaces, design, report templates, documentation and trade marks. Nothing in these Terms transfers any of those rights to you.

10.2 Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes for the term of your Subscription.

10.3 You may use Reports generated through the Service (including their formatting and layout) for your business purposes without restriction, but you may not extract or repurpose the underlying templates for use outside the Service.

10.4 If you provide feedback, suggestions or ideas about the Service, we may use them without restriction and without obligation to you.

11. Availability, changes and support

11.1 We aim to make the Service available continuously but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to maintenance, updates, third-party failures or events beyond our control.

11.2 We may modify, add to or remove features of the Service. We will not make changes that materially degrade core functionality during a paid Subscription period without notice and, where the degradation is material and we cannot reasonably remedy it, a pro-rata refund of prepaid fees for the remainder of the period.

11.3 Support is provided as described at [URL] or in your plan. [Any service levels or uptime commitments are set out in the SLA at URL.]

11.4 The Service may integrate with or depend on third-party services (including payment processors, mapping, storage, communications and analytics providers). Those services are governed by their own terms and we are not responsible for their acts or omissions.

12. Suspension and termination

12.1 You may terminate by cancelling your Subscription. Termination takes effect at the end of the current billing period unless we agree otherwise.

12.2 We may suspend or terminate your access immediately if you materially breach these Terms, if payment is overdue, if we reasonably suspect fraudulent or unlawful use, or if required by law. Where practicable we will give notice and an opportunity to remedy.

12.3 We may terminate for convenience on [60] days' notice, refunding a pro-rata portion of prepaid fees.

12.4 On termination, your right to access the Service ends immediately. Clauses 4, 5, 7.1, 7.3, 10, 13, 14, 15, 16 and 20 survive termination.

13. Disclaimers

13.1 To the maximum extent permitted by law, the Service is provided "as is" and "as available", and we exclude all warranties, conditions, guarantees and representations, express or implied, including as to merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted or error-free operation.

13.2 Without limiting clause 4, we make no warranty that the Service, any template, or any automated feature will detect, identify, quantify or correctly characterise moisture, mould, water ingress, structural defect, contamination or any other condition, or that any Report will be accepted by an insurer or any other Recipient.

13.3 Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded. Where the Australian Consumer Law applies and the Service is not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of a consumer guarantee is limited, at our option, to resupplying the Service or paying the cost of having the Service resupplied.

13.4 If you are a consumer in a jurisdiction that confers non-excludable rights (including the EU, UK, New Zealand, Canada or certain US states), those rights are unaffected and the exclusions in these Terms apply only to the extent permitted in that jurisdiction.

14. Limitation of liability

14.1 To the maximum extent permitted by law, neither party is liable to the other for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill, opportunity, anticipated savings, or loss or corruption of data, however arising.

14.2 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms or the Service — whether in contract, tort (including negligence), statute, equity or otherwise — is limited to the greater of (a) the total fees paid by you to us in the [12] months immediately preceding the event giving rise to the liability, and (b) [AUD $100].

14.3 We are not liable for any loss to the extent it is caused or contributed to by: your Inspection Data; the conduct or content of any inspection or Report; your failure to review a Report before issuing it; your breach of these Terms; a Recipient's use of, or reliance on, a Report; or your failure to maintain your own records or backups.

14.4 The limitations in this clause 14 apply even if a limited remedy fails of its essential purpose, and do not limit your obligation to pay fees or your obligations under clause 15.

15. Indemnity

You indemnify us and our officers, employees, contractors and related bodies corporate against all claims, liabilities, losses, damages, penalties and reasonable legal costs arising out of or in connection with:

(a) any Report you issue, or any claim by a Recipient or other third party relating to a Report or an inspection; (b) your Inspection Data, including any claim that it infringes a third party's rights or breaches privacy or confidentiality obligations; (c) your breach of these Terms or of any law; or (d) your negligence, wilful misconduct or fraud,

except to the extent the claim is caused by our breach of these Terms, negligence or wilful misconduct.

16. Confidentiality

Each party must keep the other's confidential information confidential and use it only for the purposes of these Terms. This does not apply to information that is public through no fault of the recipient, independently developed, lawfully received from a third party, or required to be disclosed by law or a regulator (in which case the disclosing party will, where lawful, give prior notice).

17. Export control and sanctions

You represent that you are not located in, and are not a national or resident of, a country subject to comprehensive trade sanctions, and that you are not listed on any restricted-party or sanctions list maintained by Australia, the United States, the United Kingdom, the European Union or the United Nations. You must not use or export the Service in breach of applicable sanctions or export-control laws.

18. Force majeure

Neither party is liable for failure or delay in performance (other than payment obligations) caused by an event beyond its reasonable control, including natural disaster, epidemic, war, civil unrest, industrial action, failure of telecommunications or utilities, cyber-attack, or government action.

19. Changes to these Terms

19.1 We may amend these Terms from time to time. We will publish the amended Terms and update the "Last updated" date.

19.2 For material changes we will give at least [30] days' notice by email or in-app notification before they take effect. Continued use after that date constitutes acceptance. If you do not accept a material change, you may terminate before it takes effect and receive a pro-rata refund of prepaid fees.

20. General

20.1 Governing law. These Terms are governed by the laws of [Victoria, Australia]. Each party submits to the non-exclusive jurisdiction of the courts of that place and the courts of appeal from them.

20.2 Disputes. Before commencing proceedings (other than for urgent interlocutory relief), a party must give written notice of the dispute and the parties must meet in good faith, in person or by video conference, within [14] days to attempt resolution.

20.3 Notices. Notices to us must be sent to [EMAIL]. Notices to you will be sent to the email address on your Account or shown in-app, and are taken to be received on the day sent.

20.4 Assignment. You may not assign or novate these Terms without our written consent (not unreasonably withheld). We may assign these Terms to a related body corporate or in connection with a merger, acquisition or sale of assets.

20.5 Entire agreement. These Terms, together with the Privacy Policy and any order form or addendum, form the entire agreement between the parties and supersede all prior discussions and representations. Any terms in your purchase order or standard documents are of no effect.

20.6 Severability. If any provision is unenforceable, it is severed or read down to the minimum extent necessary and the remainder continues in force.

20.7 Waiver. A failure or delay in exercising a right is not a waiver of it.

20.8 Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.

20.9 No third-party rights. Except as expressly stated, no person other than the parties has any right to enforce these Terms.

21. Contact

PRAVR Pty Ltd admin@pravr.app