Terms & conditions

1. Agreement to terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and TakeoffAI Pty Ltd (ABN 26 670 493 647), operating as TakeoffAI (powered by Envy Digital) ("TakeoffAI", "we", "us", "our") governing your access to and use of the TakeoffAI platform, website at takeoffai.com.au, and related services (collectively, the "Service").

By creating an account, subscribing to a plan, or otherwise accessing the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

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

2. Definitions

• "Platform" means the TakeoffAI web application, APIs, and any associated tools or features.
• "Customer Data" means all data, files, construction plans, documents, and information uploaded, submitted, or generated by you through the Service.
• "Subscription" means the paid plan you have selected, as described on our pricing page or in an order form.
• "User" means any individual authorised by the Customer to access and use the Service under the Customer's account.
• "Takeoff Output" means the bills of quantities, reports, proposals, spreadsheets, and other deliverables generated by the Service from Customer Data.

3. Account registration

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify us immediately at info@takeoffai.com.au if you become aware of any unauthorised use of your account.

You must be at least 18 years of age to create an account. Each account is for a single organisation and may not be shared with unrelated third parties.

4. Service description

TakeoffAI provides an AI-powered platform for electrical takeoff and estimating. The Service includes:

• Automated detection and counting of electrical symbols from uploaded PDF construction plans.
• Measurement of conduit runs, wire pulls, and related quantities.
• Generation of exportable bills of quantities (BOQ) in Excel and PDF formats.
• One-click bid proposal generation with customisable scope, exclusions, and terms.
• Addendum variance detection and revision tracking.
• Access to proposal generation tools, training materials, and exclusion libraries (where included in your plan).

The Service is provided as a tool to assist qualified electrical estimators and contractors. Takeoff Outputs are generated by AI and should always be reviewed by a qualified professional before being used for bidding, procurement, or construction purposes.

5. Subscription and payment

5.1 Plans and pricing

The Service is offered on a subscription basis. Current pricing, plan features, and billing cycles are described on our website or in a separate order form. All prices are in Australian Dollars (AUD) unless otherwise stated, and are exclusive of GST.

5.2 Billing

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. Payment is processed through our third-party payment provider (currently Stripe). You authorise us to charge your chosen payment method for all applicable fees.

5.3 Founding member pricing

Customers who subscribe during the Founding 100 promotion period receive a locked-in subscription rate for the lifetime of their continuous subscription. If a Founding 100 subscription is cancelled and later reactivated, the founding rate is forfeited and current pricing applies.

5.4 Price changes

We may change our pricing from time to time. For existing subscribers (excluding Founding 100 members on continuous subscriptions), we will provide at least 30 days' notice of any price increase. Continued use after the effective date constitutes acceptance of the new pricing.

5.5 Taxes

You are responsible for all applicable taxes (including GST) associated with your subscription, except for taxes based on TakeoffAI's income.

6. Refund and guarantee policy

6.1 30-day unconditional guarantee

New subscribers may request a full refund within 30 days of their initial subscription date for any reason. Refund requests should be sent to info@takeoffai.com.au. Refunds will be processed within 10 business days.

6.2 90-day outcome guarantee

If, within 90 days of completing the onboarding sprint, you have not at least doubled the number of bids you submit compared to your pre-TakeoffAI baseline, you may request a full refund of your annual subscription fee. To qualify:

1. You must have completed the onboarding sprint within 14 days of subscribing.
2. You must have actively used the platform, completing a minimum of 10 takeoffs during the 90-day period.
3. You must provide reasonable documentation of your bid submission volume before and after using TakeoffAI.

Refund requests under this guarantee should be submitted to info@takeoffai.com.au within 100 days of your onboarding sprint completion. We will review and respond within 14 business days.

6.3 General refund policy

Outside of the guarantees described above, subscription fees are non-refundable. Partial-month or partial-year refunds are not provided for cancellations made after the applicable guarantee period.

7. Intellectual property

7.1 Your content

You retain all ownership rights to your Customer Data. By uploading Customer Data to the Service, you grant TakeoffAI a limited, non-exclusive licence to process, store, and display your Customer Data solely for the purpose of providing and improving the Service.

Takeoff Outputs generated from your Customer Data are owned by you.

7.2 Our platform

TakeoffAI and its licensors retain all rights, title, and interest in the Service, including all software, algorithms, AI models, user interfaces, designs, documentation, and trademarks. These Terms do not grant you any rights to our intellectual property except the limited licence to use the Service as described herein.

7.3 Feedback

If you provide suggestions, feature requests, or other feedback about the Service, we may use that feedback without restriction or obligation to you.

8. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Upload content that infringes on third-party intellectual property rights.
• Attempt to reverse-engineer, decompile, or extract source code from any part of the Service.
• Interfere with or disrupt the integrity or performance of the Service.
• Access the Service through automated means (bots, scrapers) except through our authorised APIs.
• Resell, sublicence, or provide access to the Service to third parties without our written consent.
• Use the Service to develop a competing product or service.

9. Data handling

Our handling of personal information and Customer Data is described in our Privacy Policy, which forms part of these Terms.

We implement appropriate technical and organisational measures to protect Customer Data. However, no method of electronic storage is completely secure, and we cannot guarantee absolute security.

10. Service availability and support

We aim to maintain high availability of the Service but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable advance notice where possible.

Support is provided according to the level included in your subscription plan. Priority support subscribers receive same-business-day response via their dedicated support channel.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time. For material changes that reduce functionality, we will provide at least 30 days' notice.

11. AI-generated outputs disclaimer

The Service uses artificial intelligence and machine learning to process construction plans and generate Takeoff Outputs. While we strive for high accuracy, AI-generated outputs may contain errors, omissions, or inaccuracies.

You acknowledge and agree that:

• Takeoff Outputs are provided as estimating aids and must be reviewed by qualified professionals.
• You are solely responsible for verifying the accuracy of all outputs before use in bidding, pricing, or construction.
• TakeoffAI does not warrant that outputs will be error-free, complete, or suitable for any particular purpose.
• Reliance on Takeoff Outputs without independent verification is at your own risk.

12. Limitation of liability

To the maximum extent permitted by law, including the Australian Consumer Law:

• No consequential damages: TakeoffAI will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunities, or goodwill, regardless of the cause of action or theory of liability.
• Liability cap: TakeoffAI's total aggregate liability arising out of or in connection with these Terms or the Service will not exceed the total fees paid by you to TakeoffAI in the 12 months immediately preceding the event giving rise to the claim.
• Exclusions: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted, or modified by agreement.

13. Indemnification

You agree to indemnify, defend, and hold harmless TakeoffAI, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service.
• Your breach of these Terms.
• Your violation of any applicable law or third-party rights.
• Customer Data you upload or submit through the Service.
• Any reliance on Takeoff Outputs without appropriate verification.

14. Term and termination

14.1 Term

These Terms commence when you create an account and continue until terminated by either party.

14.2 Termination by you

You may cancel your subscription at any time through your account settings or by contacting info@takeoffai.com.au. Cancellation takes effect at the end of your current billing period. You will retain access until then.

14.3 Termination by us

We may suspend or terminate your access to the Service if you breach these Terms, fail to pay fees when due, or if we reasonably believe your use poses a security risk. Where practicable, we will provide notice and an opportunity to cure before termination.

14.4 Effect of termination

Upon termination, your right to access the Service ceases immediately. You may export your Customer Data for up to 30 days following termination by contacting support. After 30 days, Customer Data will be deleted in accordance with our Privacy Policy.

Sections that by their nature should survive termination will survive, including Sections 7, 11, 12, 13, and 16.

15. Changes to terms

We may modify these Terms from time to time. We will notify you of material changes at least 30 days before they take effect, by email or through the Service. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

If you do not agree with modified Terms, you may cancel your subscription before the changes take effect.

16. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

Before commencing legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiation for a period of at least 30 days.

17. General provisions

• Entire agreement: These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and TakeoffAI regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.
• Force majeure: Neither party will be liable for delays or failures in performance caused by events beyond their reasonable control, including natural disasters, pandemics, government actions, or internet disruptions.
• Notices: Notices to TakeoffAI should be sent to info@takeoffai.com.au. Notices to you will be sent to the email address associated with your account.

18. Contact us

For questions about these Terms, contact us at:

TakeoffAI (powered by Envy Digital)
Email: info@takeoffai.com.au