StructBy AI Terms of Service (Australia)

Effective date: 4 September 2026 Last updated: 9 October 2026

These Terms of Service (Terms) govern your access to and use of the StructBy AI software-as-a-service platform, including the website at structbyai.com and any related applications, APIs, and content (together, the Service), provided by Structbyai Pty Ltd (ABN 98 700 283 254, ACN 700 283 254), trading as StructBy AI (StructBy AI, we, us, our).

This edition of the Terms applies to users in Australia. If you use the Service from another country for which we publish a separate edition, that edition applies to you instead.

By creating an account, signing in, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and you in these Terms refers to that organisation.

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

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1. The Service — what it is and what it is not

1.1 The Service is a productivity tool that helps registered professional engineers, building practitioners, and other authorised construction-industry professionals draft, query, and assemble documents and information related to Australian structural engineering practice, using artificial-intelligence assistance.

1.2 The Service is not:

(a) a professional engineering service; (b) a substitute for the independent professional judgment of a registered engineer or other licensed practitioner; (c) certified, accredited, or otherwise endorsed by Standards Australia, the Australian Building Codes Board, Engineers Australia, or any state or territory regulator; (d) a source of legal advice; or (e) a guarantee that any output complies with the National Construction Code (NCC), any Australian Standard (AS or AS/NZS), or any state or local building law.

1.3 You acknowledge that all Service output is generated with artificial-intelligence assistance and may contain errors, omissions, fabrications (including invented standard or clause references), out-of-date information, and other inaccuracies. All output must be independently reviewed and verified by you, in your professional capacity, before you sign, certify, issue, rely upon, distribute, or otherwise act on it.

1.4 The Service is intended for use by:

(a) engineers registered on the National Engineering Register (NER) or a state register (for example RBP, BPB, RPEng); (b) registered builders or building practitioners under the relevant state Building Acts; (c) accredited certifiers and inspectors; and (d) other construction-industry professionals acting in their professional capacity.

If you do not fall into one of the above categories, you may use the Service for educational, personal-research, or trial purposes only, and you must not represent any output as the work of a registered professional.

1.5 The Service is currently offered as a beta. Features may change, and paid plans may not yet be available. Clause 10.3 applies to beta features.

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2. Your engineer-responsibility acknowledgement

2.1 Before you can use the AI features of the Service, you are required to record an acknowledgement that you are the responsible professional for any output you sign or certify, and that you will independently verify all Australian Standard and NCC references before relying on any output.

2.2 Engineering liability under Australian law flows through the registered professional who signs the document, not through the tools the professional uses to draft it. Nothing in these Terms changes that position; these Terms confirm and document it.

2.3 The acknowledgement timestamp is recorded against your account and forms part of the audit trail attached to every document you generate. You cannot withdraw the acknowledgement and continue to use the AI features. If you withdraw it, you must stop using the AI features immediately.

2.4 If you generate, sign, or certify a document using the Service without performing the independent verification required by clause 1.3 or 2.1, you accept responsibility for the consequences and indemnify StructBy AI in accordance with clause 13 below.

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3. Eligibility and accounts

3.1 You must be at least 18 years old and have full legal capacity to create an account. If you are creating an account on behalf of an organisation, that organisation must be validly registered in Australia.

3.2 You must provide accurate, current, and complete information when creating your account and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

3.3 We use a third-party identity provider (currently Clerk, operated by Clerk, Inc.) to authenticate accounts. Your interaction with that provider is governed by their terms; we are not responsible for the identity provider's availability or for credential-handling failures on their side, except to the extent required by Australian law.

3.4 You must notify us promptly at contact@structbyai.com if you suspect any unauthorised access or use of your account.

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4. Subscription, payments, and refunds

4.1 The Service is offered on a free plan and, when available, on paid plans. The plans, their allowances, and their prices are those displayed on the Pricing page at the time you subscribe. Prices are quoted in Australian dollars.

4.2 We are not currently registered for GST, and no GST is charged. If we become registered for GST, GST will be added at the rate prescribed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and shown at checkout before you pay.

4.3 Payments for paid plans are processed by Stripe Payments Australia Pty Ltd (Stripe). By providing payment details you authorise us and Stripe to charge the applicable fees and any taxes to your nominated payment method on each billing cycle.

4.4 Subscriptions automatically renew at the end of each billing period unless cancelled before renewal. You may cancel at any time from the Settings page; cancellation takes effect at the end of the current period and you retain access until that date.

4.5 Refunds are not provided for partial billing periods or unused allowances except where required by the Australian Consumer Law or agreed by us in writing. Where a consumer guarantee under the ACL is not met, you have the rights described in clause 11.

4.6 We may change pricing on at least 30 days' notice. Changes take effect from your next renewal. If you do not accept a price change, you may cancel before the next renewal.

4.7 Fair use of unlimited allowances. Where a paid plan describes an allowance as "unlimited", the allowance is unlimited for the ordinary professional use of the individual account holder. It does not extend to automated or scripted access, to one account used by several people, or to use that is excessive compared with that of a typical professional user. We compare each account's monthly use of an unlimited allowance with an internal fair-use guide. Reaching the guide does not by itself stop or limit your use: we will show you a notice in the Service. If we reasonably believe your use is not fair use, we will contact you first, tell you why, and give you a reasonable opportunity to discuss or change your use before we apply any reasonable limit to the allowance concerned. A limit under this clause does not affect the rest of the Service, and if you do not accept it you may cancel under clause 4.4.

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5. Acceptable use

5.1 You must not use the Service:

(a) to violate any Australian, state, territory, or other applicable law (including the NCC, the Building Acts of any state or territory, the Privacy Act 1988 (Cth), or the Spam Act 2003 (Cth)); (b) to upload, generate, or distribute content that is unlawful, defamatory, infringing, or harassing; (c) to attempt to circumvent, disable, or otherwise interfere with security, rate-limiting, billing, or audit features of the Service; (d) to reverse-engineer, decompile, or attempt to extract the underlying models, prompts, or proprietary algorithms; (e) to use the Service to train a competing AI model or service; (f) to share, resell, or sublicense your account credentials to any person other than authorised users on a multi-seat plan; (g) to represent any AI-generated output as your own original work without the verification and professional review required by clauses 1 and 2; (h) to upload personal information of third parties without their consent or another lawful basis under the Privacy Act 1988 (Cth); or (i) to upload content that you are not authorised to upload, including confidential information of third parties or content subject to copyright held by another party.

5.2 We may suspend or terminate your account immediately and without notice if we reasonably believe you have breached this clause 5, without limiting any other remedy available to us.

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6. Australian Standards, NCC, and intellectual property

6.1 Australian Standards (AS, AS/NZS) are the property of Standards Australia and are available through its authorised distributors. The National Construction Code is published by the Australian Building Codes Board (ABCB).

6.2 The Service refers to Australian Standards by name, designation and clause, table or figure number only, and links to Standards Australia for the full text; it reproduces and summarises none of their content. NCC content is reproduced from material published by the ABCB under its Creative Commons Attribution 4.0 licence, with attribution. NCC summaries may be incomplete, abridged, or out of date.

6.3 You are solely responsible for ensuring that you hold any required licences for the Australian Standards and other reference works you need to perform your professional duties. The Service is not a substitute for a licensed copy of the relevant standard.

6.4 We retain all rights, title, and interest in the Service, including its software, models, prompts, knowledge base, brand, and documentation. No rights are granted to you except as expressly set out in these Terms.

6.5 You retain all rights, title, and interest in the content you upload (Your Content). You grant us a non-exclusive, worldwide, royalty-free licence to host, process, and display Your Content for the purpose of providing the Service to you. This licence terminates when Your Content is deleted from the Service, except for backup or audit copies retained as required by clause 8.

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7. AI processing and sub-processors

7.1 In delivering the Service, we transmit your prompts, parameters, and context (which may include excerpts of Your Content) to one or more third-party AI providers for inference. Our current AI provider is Anthropic, PBC. Those providers process the data under their enterprise terms and do not use our customers' prompts to train their public models.

7.2 By using the AI features, you consent to this transmission. If you do not consent, do not use the AI features.

7.3 The current list of sub-processors, with their locations, is set out in section 7 of our Privacy Policy. We update that list before a new sub-processor begins processing personal information.

7.4 We will not knowingly transmit personal information of third parties to any sub-processor unless you have lawful grounds under the Privacy Act 1988 (Cth) to do so.

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8. Your data, privacy, and audit records

8.1 Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms by reference.

8.2 We maintain an audit log for every document generated through the Service, recording: the AI model version used, the parameters provided, the knowledge-base excerpts retrieved, the verified and unverified citation lists, the user who generated the document, and the timestamp of any status transition (including approval).

8.3 The audit log forms part of the legal record of how each output was produced. We retain audit logs for at least seven (7) years from the date of the related document, or longer where required by law, for the purpose of cooperating with any regulatory enquiry, legal proceeding, or insurance claim. Deleting a document from the Service does not delete its audit log.

8.4 You acknowledge that the audit log may be disclosed to a court, tribunal, regulator, or insurer where lawfully required, including in connection with any claim arising from the use of an output you signed.

8.5 In the event of an eligible data breach, we will comply with the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 (Cth) and notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required.

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9. Confidentiality

9.1 Each party must keep confidential the other party's non-public business, technical, and commercial information disclosed in connection with the Service (Confidential Information) and must not disclose it to any third party except: (a) on a need-to-know basis to its personnel and contractors who are bound by equivalent confidentiality obligations; (b) to its legal, financial, or insurance advisers; or (c) where required by law.

9.2 This clause does not apply to information that is public through no fault of the receiving party, was already known to the receiving party, or was independently developed without reference to the disclosing party's information.

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10. Service availability and changes

10.1 We will use reasonable efforts to make the Service available 24/7, but do not guarantee uninterrupted availability. The Service may be unavailable for maintenance, upgrades, or due to factors beyond our reasonable control.

10.2 We may modify, suspend, or discontinue features of the Service at any time. Where a material adverse change is made to a paid plan, we will provide at least 30 days' notice by email or in-product notification, and you may cancel your subscription before the change takes effect for a pro-rata refund of any prepaid fees relating to the period after the change.

10.3 Beta or experimental features are provided "as is" and may be withdrawn at any time. They are marked as such in the Service.

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11. Australian Consumer Law and warranties

11.1 Where the Service is supplied to you as a "consumer" within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL), the consumer guarantees in the ACL apply to that supply. Those guarantees cannot be excluded, restricted, or modified, and nothing in these Terms is intended to exclude, restrict, or modify any non-excludable right or remedy under the ACL or any other applicable law.

11.2 Where the consumer guarantees apply and section 64A of the ACL permits it, our liability for failure to comply with a consumer guarantee in respect of services is limited, at our option, to:

(a) supplying the services again; or (b) paying the cost of having the services supplied again.

11.3 Where the Service is acquired for the purposes of a business and the consumer guarantees do not apply, the limitations of liability in clause 12 operate without that statutory floor.

11.4 To the maximum extent permitted by law, and subject to clauses 11.1 to 11.3, the Service is provided "as is" and "as available". We make no warranties — express, implied, statutory, or otherwise — that the Service will be uninterrupted, error-free, secure, or suitable for any particular purpose, or that any AI-generated output will be accurate, complete, code-compliant, or fit for any specific project.

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12. Limitation of liability

12.1 Subject to clause 11 and to the maximum extent permitted by law, we are not liable to you for:

(a) any indirect, incidental, consequential, or special loss (including loss of profits, loss of data, loss of business opportunity, loss of goodwill, or loss of anticipated savings); (b) any loss or damage arising from your reliance on AI-generated output that you have not independently verified in accordance with clauses 1 and 2; (c) any loss or damage arising from a failure of construction, defective design, or non-compliant building, regardless of whether a Service output was used in producing the design or documentation; (d) any claim brought against you by your client, employer, principal contractor, or any third party arising from a document you signed or certified that was drafted with the assistance of the Service; or (e) any loss or damage caused by a third-party service provider (including identity, payment, AI, or hosting providers) acting outside our reasonable control.

12.2 Subject to clause 11, our total aggregate liability to you under or in connection with these Terms or the Service in any 12-month period is limited to the greater of:

(a) the fees actually paid by you to us for the Service in the 12 months immediately preceding the event giving rise to the claim; or (b) one hundred Australian dollars (A$100).

12.3 The limitations in this clause 12 apply regardless of the form of the claim (whether in contract, tort, statute, equity, or otherwise), the basis of liability, or whether we have been advised of the possibility of the loss.

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13. Indemnity

13.1 You indemnify us, and our officers, employees, and agents, against all losses, liabilities, damages, costs, and expenses (including reasonable legal costs) suffered or incurred by us in connection with:

(a) any document, drawing, certificate, calculation, or other output you generated or assembled using the Service that you signed, issued, certified, or otherwise relied upon; (b) any breach by you of clauses 5 (Acceptable use) or 6 (IP); (c) any unauthorised use of your account caused by your failure to keep your credentials secure; (d) any third-party claim arising from Your Content that you uploaded to the Service; or (e) any breach by you of any law, professional code, or licence condition applicable to your professional practice.

13.2 The indemnity in this clause 13 applies only to the extent the loss arises from your act or omission, and is reduced to the extent that the loss is caused by our negligent or wilful breach of these Terms.

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14. Termination

14.1 You may terminate your subscription at any time from the Settings page. Termination takes effect at the end of the then-current billing period.

14.2 We may suspend or terminate your access to the Service immediately on written notice if you breach these Terms in a way that is material or incapable of remedy, or if any payment is more than 30 days overdue.

14.3 On termination:

(a) your right to use the Service ceases; (b) we may delete Your Content after 30 days, except for audit-log records retained under clause 8.3 and any records we are required by law to keep; (c) accrued rights and obligations (including payment obligations, indemnities, and limitations of liability) survive termination.

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15. Changes to these Terms

15.1 We may update these Terms from time to time. The current version is always available at structbyai.com/terms.

15.2 If we make a material change adverse to you, we will notify you by email or in-product notification at least 30 days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15.3 If you do not accept a material change, you may terminate under clause 14.1 before the change takes effect.

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16. Disputes and governing law

16.1 These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

16.2 Before commencing court proceedings, the parties must first attempt to resolve any dispute by good-faith negotiation between authorised representatives, for a minimum of 30 days. If unresolved, the parties may refer the dispute to mediation administered by the Resolution Institute (or such other mediator as the parties agree), with each party bearing its own costs.

16.3 Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court at any time, or prevents a consumer from exercising any right under the ACL.

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17. General

17.1 Entire agreement. These Terms, the Privacy Policy, and any plan-specific terms together form the entire agreement between you and us in relation to the Service.

17.2 No waiver. A failure to enforce any provision is not a waiver of that provision.

17.3 Severability. If any provision is found to be unenforceable, the remaining provisions continue in full force.

17.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a sale, merger, or other corporate reorganisation, on notice to you.

17.5 No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

17.6 Notices. Notices to us must be sent to contact@structbyai.com (or such other address we publish). Notices to you will be sent to the email address on your account or shown in-product.

17.7 Force majeure. Neither party is liable for any delay or failure to perform caused by an event beyond its reasonable control, including act of God, war, terrorism, civil unrest, pandemic, cyber-attack, or failure of public infrastructure.

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18. Contact

By using the Service you confirm that you have read, understood, and agreed to these Terms.