SaaS Subscription Agreement

A Part A — Subscription Agreement

1 Parties

Provider:

BUILD EZI AU PTY LTD (ABN 77 657 772 864) (“Build Ezi”, “Provider”, “we”, “us”)
17 Karp Ct, Bundall QLD 4217, Australia | info@buildezi.com | www.buildezi.com

Subscriber:

The individual or business entity who registers for and subscribes to the Platform (“Subscriber”, “you”, “your”). Where you register on behalf of a business, you represent that you are authorised to bind that business to this Agreement.

2 The Platform

Build Ezi provides a cloud-based construction project management platform (“Platform”) accessible via mobile application (iOS and Android) and web interface. The Platform includes:

• Project creation, management, and tracking;
• Task assignment, scheduling (Gantt and calendar view), and punch lists;
• Timesheet management and payroll reporting;
• Variations, RFIs, and extension of time forms;
• Client portal and communications;
• Document management and file storage;
• Safety compliance library (SWMS, MSDS, WHS plans, toolbox talks, inductions);
• Incident reporting and WHS compliance tools;
• In-app invoicing, purchase orders, and profit & loss reporting;
• Xero integration (live); MYOB integration (in development);
• Role-based access control (Builder, Worker, Client).

3 Subscription Licence

Subject to payment of the Fees and compliance with this Agreement, Build Ezi grants the Subscriber a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for the Subscriber’s internal business purposes during the Subscription Term.

The Subscriber must not:

• Sub-licence, resell, or provide access to the Platform to any third party;
• Reverse engineer, decompile, or disassemble the Platform;
• Use the Platform to build or assist in building a competing product; or
• Use the Platform in any unlawful manner.

4 Free Trial

Subscriber Data created during the trial is retained if the Subscriber converts to a paid subscription.

At the end of the free trial, the account will lapse unless the Subscriber actively subscribes. The Subscriber will not be automatically charged.

5 Fees and Payment

5.1 Current Subscription Fee

AUD $38.00 per week (equivalent to approximately AUD $163.40 per month), inclusive of GST. This is beta pricing.

5.2 Billing

Subscriptions are billed monthly in advance via Stripe. The first payment date is the date the Subscriber converts from free trial to a paid subscription.

5.3 Price Changes

Build Ezi will provide at least 30 days written notice to the Subscriber’s registered email address before any price increase takes effect. If you do not agree to a price change, you may cancel your subscription before the change takes effect and will not be charged at the new rate.

5.4 Failed Payments

If payment fails, the Subscriber has 7 days to resolve. Access may be suspended after 7 days and terminated after 30 days of non-payment.

5.5 Taxes

All prices are in AUD and inclusive of GST where applicable.

6 Term and Termination

6.1 Term

This Agreement commences on the date the Subscriber creates an account and continues on a rolling monthly basis unless terminated.

6.2 Subscriber Termination

The Subscriber may cancel at any time. Cancellation takes effect at the end of the current billing period.

6.3 Provider Termination for Cause

Build Ezi may terminate immediately for: material breach of this Agreement; fraudulent or unlawful conduct; non-payment after the 30-day grace period; or conduct that poses a security risk to the Platform or other users.

6.4 Provider Termination for Convenience

Build Ezi may terminate this Agreement for any reason with 60 days written notice, accompanied by a pro-rata refund of any prepaid Fees for the remaining notice period.

7 Subscriber Data

7.1 Ownership

The Subscriber retains all right, title, and interest in all data, content, and information uploaded or created by the Subscriber within the Platform (“Subscriber Data”).

7.2 Licence

The Subscriber grants Build Ezi a limited licence to store, process, and display Subscriber Data solely as necessary to provide the Platform.

7.3 No Sale

Build Ezi will not sell Subscriber Data to any third party.

7.4 Export

The Subscriber may export their Subscriber Data at any time during the Subscription Term.

7.5 Retention on Termination

Following termination, Subscriber Data is retained for 30 days to allow export. After 30 days, data is permanently deleted.

8 Data Security and Privacy

Build Ezi implements reasonable technical and organisational measures to protect Subscriber Data, including encryption in transit and at rest, access controls, and incident response procedures.

In the event of a data breach that meets the threshold for notification under the Privacy Act 1988 (Cth) and the Notifiable Data Breaches scheme, Build Ezi will notify the Subscriber and the OAIC as required by law.

Build Ezi’s collection and use of personal information is governed by the Privacy Policy at www.buildezi.com/privacy-policy.

9 Intellectual Property

9.1 Platform

Build Ezi retains all Intellectual Property Rights in the Platform, including all software, templates, documents, designs, and content.

9.2 Subscriber Data

The Subscriber retains all Intellectual Property Rights in Subscriber Data.

9.3 Feedback

If the Subscriber provides feedback or suggestions, Build Ezi may use this feedback to improve the Platform without compensation to the Subscriber.

10 Warranties

Build Ezi warrants that it has the right to enter into this Agreement and grant the licence set out in clause 3; the Platform will substantially conform to its published documentation during the Subscription Term; and it will implement reasonable security measures as described in clause 8.

11 Limitation of Liability

11.1 (a) Nothing in this clause limits or excludes any liability that cannot lawfully be limited or excluded, including any liability under the Australian Consumer Law for a failure to comply with a consumer guarantee.

11.1 (b) Subject to clauses (a) and (d), neither party is liable to the other for any indirect, incidental, special, consequential or punitive loss or damage, or for any loss of profits, revenue, anticipated savings, data or business opportunity, however arising, whether in contract, tort (including negligence), under statute or otherwise.

11.1 (c) Subject to clauses (a) and (d), our total aggregate liability to you arising out of or in connection with this agreement in any 12 month period is limited to the total subscription fees paid by you to us in that 12 month period.

11.1 (d) The exclusions and limit in clauses (b) and (c) do not apply to liability arising from fraud or wilful misconduct.

12 Confidentiality

Each party agrees to keep confidential any non-public information of the other party disclosed in connection with this Agreement (“Confidential Information”) and to use Confidential Information only for the purposes of this Agreement. This obligation does not apply to information that: is or becomes publicly known through no fault of the receiving party; was already known to the receiving party; or is required to be disclosed by law.

13 Force Majeure

Neither party will be liable for delay or failure to perform obligations under this Agreement where the delay or failure is caused by circumstances beyond their reasonable control, including natural disasters, acts of government, telecommunications failures, or cyberattacks. The affected party must notify the other party promptly.

14 Governing Law

This Agreement is governed by the laws of Queensland, Australia. Any dispute is subject to the exclusive jurisdiction of the courts of Queensland.

15 Entire Agreement

This Agreement, together with the Terms of Service, Privacy Policy, and Cookie Policy, constitutes the entire agreement between the parties relating to the Platform and supersedes all prior agreements, representations, and understandings.

B Part B — Refund Policy

Free Trial (14 Days)

First Paid Month — 7-Day Satisfaction Window

After the 7-Day Window

Subscription fees are non-refundable after the 7-day window. You may cancel at any time and retain access until the end of your current billing period.

Price Increase Refund

If you do not wish to continue at a new price following a price increase notice, you may cancel before the new price takes effect and will not be charged at the new rate.

Provider Termination for Convenience

If Build Ezi terminates this Agreement for convenience under clause 6.4, you will receive a pro-rata refund of any prepaid Fees for the remaining notice period.

Australian Consumer Law

How to Request a Refund

Email info@buildezi.com with your account email address, the date of the charge, and a brief description of the issue. We will respond within 2 business days.

16 Contact