Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you", "your", "User", "Subscriber") and The Australian Roofing Corporation Pty Ltd (ACN 691 822 590) ("TARC", "we", "us", "our"), a company registered under the Corporations Act 2001 (Cth) in New South Wales, Australia.

By creating an account, accessing, or using our website at tarc.au (the "Site") and our software-as-a-service platform, tools, APIs, mobile applications, and related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Services.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. 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.

2. Definitions

In these Terms, unless the context otherwise requires:

• "Account" means your registered user account on the Platform.
• "ACL" means Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law.
• "AI Outputs" means any data, measurements, analyses, diagrams, estimates, or reports generated by the Platform's artificial intelligence or satellite analysis features.
• "Client Data" means information about your clients, projects, and business operations that you input into the Services.
• "Content" means any text, images, data, documents, or other materials uploaded, submitted, or generated through the Services.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, designs, and all other intellectual property rights recognised by law.
• "Platform" means the TARC software application and all associated features, tools, and APIs.
• "Subscription" means the paid plan you select to access the Services.
• "Subscription Period" means the recurring billing cycle (monthly or annual) applicable to your Subscription.

3. Account Registration & Security

3.1 Registration

To access the Services, you must create an Account by providing accurate, current, and complete information. You agree to update your Account information promptly if it changes.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials (including your password) and for all activities that occur under your Account. You agree to:

• Use a strong, unique password;
• Not share your Account credentials with any third party;
• Notify us immediately at theausroofingcorp@gmail.com of any suspected unauthorised access or security breach.

We are not liable for any loss or damage arising from your failure to secure your Account.

3.3 Account Termination by User

You may close your Account at any time by contacting us at theausroofingcorp@gmail.com. Account closure does not entitle you to a refund of any prepaid fees unless otherwise required by the ACL.

4. Subscriptions, Fees & Payment

4.1 Free Trial

We may offer a free trial period. At the end of the free trial, your Subscription will automatically convert to a paid Subscription at the applicable rate unless you cancel before the trial expires. You will be notified before any charges commence.

4.2 Subscription Plans & Fees

Current pricing is displayed on our Pricing page. All prices are in Australian dollars (AUD) and are inclusive of GST unless otherwise stated. We reserve the right to change pricing upon 30 days' written notice. Price changes will take effect at the start of the next Subscription Period.

4.3 Payment Processing

Payments are processed securely by Stripe, Inc. By providing payment information, you authorise us (and Stripe) to charge the applicable fees to your nominated payment method. You agree to keep your payment information current.

4.4 Auto-Renewal

All Subscriptions automatically renew at the end of each Subscription Period (monthly or annually) unless you cancel before the renewal date. You may cancel auto-renewal at any time through your Account settings or by contacting us.

4.5 Refunds

Subscription fees are generally non-refundable, except:

• Where required by the ACL or any other applicable Australian consumer protection law;
• Where we have materially breached these Terms and failed to remedy the breach within 14 days of written notice;
• At our sole discretion, on a case-by-case basis for documented service failures.

4.6 Failed Payments

If a payment fails, we will notify you and may suspend your access to the Services until payment is successfully processed. Continued failure to pay may result in Account termination.

5. Use of the Services

5.1 Permitted Use

You may use the Services solely for your internal business purposes related to roofing estimation, project management, and related activities, subject to these Terms and the applicable Subscription plan.

5.2 Prohibited Conduct

You agree not to:

• Use the Services for any unlawful, fraudulent, or deceptive purpose;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform;
• Copy, modify, create derivative works from, distribute, sell, lease, sublicence, or otherwise transfer the Services or any part thereof;
• Use automated scripts, bots, or scrapers to access or extract data from the Services (except via our authorised APIs);
• Upload malicious code, viruses, or any content that could damage, disable, or impair the Services;
• Interfere with or disrupt the integrity, security, or performance of the Services;
• Impersonate any person or entity, or misrepresent your affiliation;
• Use the Services to harass, defame, or infringe the rights of any third party;
• Share your Account access with anyone not authorised under your Subscription plan;
• Resell, redistribute, or commercially exploit the Services or AI Outputs without our prior written consent.

5.3 Fair Use

We reserve the right to impose reasonable usage limits (e.g., API calls, satellite analyses, storage) based on your Subscription plan. Excessive usage that materially impacts other users or infrastructure may result in throttling, suspension, or requirement to upgrade.

6. Intellectual Property

6.1 TARC's Intellectual Property

The Services, including all software, algorithms, user interfaces, designs, text, graphics, logos, trademarks, and documentation, are the exclusive property of TARC or its licensors and are protected by Australian and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services except the limited right to use them under these Terms.

6.2 Your Content & Client Data

You retain all ownership rights in the Content and Client Data you upload to or input into the Services. By uploading Content, you grant us a non-exclusive, royalty-free, worldwide licence to use, store, process, and display such Content solely for the purpose of providing and improving the Services.

6.3 AI Outputs & Generated Reports

Reports, estimates, diagrams, and other materials generated by the Platform using your data ("Generated Reports") are licensed to you for your internal business use, including sharing with your clients in the ordinary course of your roofing business. You may not:

• Resell, sublicence, or commercially distribute Generated Reports as a standalone product;
• Remove or alter any TARC branding, watermarks, or attribution from Generated Reports without a Subscription plan that expressly permits white-labelling;
• Use Generated Reports to develop a competing product or service.

6.4 Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant us an irrevocable, perpetual, royalty-free licence to use such feedback for any purpose without compensation or attribution.

7. Satellite Analysis & AI Measurement Disclaimer

IMPORTANT — PLEASE READ CAREFULLY

7.1 No Professional Advice

The satellite roof measurements, AI-generated analyses, material estimates, cost calculations, and all other AI Outputs provided through the Services are estimates only and do not constitute professional engineering, architectural, surveying, or building advice. They are intended as decision-support tools and should not be relied upon as the sole basis for construction, procurement, or financial decisions.

7.2 Accuracy Limitations

AI Outputs are derived from third-party satellite imagery (Google Solar API), digital surface models, and machine learning algorithms. Their accuracy is subject to, and may be materially affected by:

• Resolution and recency of satellite imagery (images may be months or years old);
• Tree cover, shadows, obstructions, or unusual roof geometries;
• Google Solar API coverage gaps (some addresses may not have data available);
• Atmospheric and weather conditions at the time of image capture;
• Limitations inherent in machine learning and computer vision algorithms;
• Changes to the property since imagery was captured (renovations, extensions, new structures).

7.3 Professional Verification Required

You acknowledge and agree that:

• All AI Outputs must be independently verified through on-site physical inspection by a qualified professional before being relied upon for any purpose, including quoting, procurement, or construction;
• TARC does not warrant the accuracy, completeness, or fitness for purpose of any AI Output;
• You assume full responsibility for verifying measurements and estimates before use;
• Any reliance on AI Outputs without independent verification is at your sole risk.

7.4 No Guarantee of API Availability

The satellite analysis features depend on third-party APIs (including Google Solar API) that are outside our control. We do not guarantee the availability, accuracy, or continuity of third-party API data. If a third-party API is unavailable, modified, or discontinued, we may substitute alternative data sources or features at our discretion.

8. Pricing Data Disclaimer

Material pricing data sourced from Bunnings and other suppliers is provided for informational and estimation purposes only. Prices may change without notice, may not reflect current in-store or online pricing, and may vary by location. TARC does not guarantee the accuracy, currency, or availability of pricing data. You are responsible for confirming current pricing before purchasing materials.

9. Limitation of Liability

9.1 Australian Consumer Law

Certain guarantees cannot be excluded under the ACL. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or any right or remedy you may have under the ACL or any other applicable law that cannot be excluded or modified by agreement.

9.2 Limitation

To the maximum extent permitted by law, and subject to clause 9.1:

• TARC's total aggregate liability to you for all claims arising out of or relating to these Terms or the Services is limited to the greater of: (a) the total fees paid by you to TARC in the 12 months immediately preceding the event giving rise to the claim; or (b) AUD $500.
• TARC is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:
  • Loss of profits, revenue, business, goodwill, or anticipated savings;
  • Loss of data or Client Data;
  • Cost of procurement of substitute goods or services;
  • Any loss or damage arising from reliance on AI Outputs, satellite measurements, or pricing data;
  • Any loss or damage caused by the inaccuracy of estimates provided through the Services;
  • Business interruption;
  regardless of the cause of action (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

9.3 Exclusions Specific to AI & Satellite Features

Without limiting the generality of clause 9.2, TARC expressly excludes liability for:

• Any inaccuracy in roof area, pitch, orientation, or other measurements derived from satellite or AI analysis;
• Material quantity errors, overestimation, or underestimation in estimates and reports;
• Any difference between estimated costs and actual construction or material costs;
• Decisions made in reliance on AI Outputs, Generated Reports, or pricing data without independent verification;
• Damage, loss, or injury arising from construction, procurement, or other activities based on platform-generated outputs.

10. Indemnification

You agree to indemnify, defend, and hold harmless TARC, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Services or violation of these Terms;
• Your Content, Client Data, or Generated Reports;
• Your reliance on AI Outputs, satellite measurements, or pricing data;
• Any claim by your clients or third parties arising from estimates, reports, or quotes you generated using the Services;
• Your violation of any applicable law or regulation;
• Any alleged infringement of third-party intellectual property rights caused by your Content.

11. Disclaimer of Warranties

Subject to the ACL and any other consumer protection laws that cannot be excluded:

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

Without limiting the foregoing, TARC does not warrant that:

• The Services will be uninterrupted, error-free, secure, or free of viruses or harmful components;
• The results obtained from the Services will be accurate, reliable, or meet your requirements;
• Any defects or errors will be corrected within a specific timeframe;
• Third-party APIs (Google, Bunnings, etc.) will remain available or produce accurate results.

12. Suspension & Termination

12.1 By TARC

We may suspend or terminate your access to the Services immediately, without prior notice, if:

• You breach these Terms and fail to remedy the breach within 7 days of notice;
• You engage in prohibited conduct as described in Section 5.2;
• Your payment is overdue by more than 14 days;
• We reasonably believe your Account is being used fraudulently;
• Continued provision of the Services would expose TARC to legal liability.

12.2 Effect of Termination

Upon termination:

• Your right to access the Services ceases immediately;
• We will retain your data for 90 days, during which you may request data export;
• After 90 days, all your data (including Client Data, projects, and reports) will be permanently deleted;
• Sections 6, 7, 8, 9, 10, 11, 14, 15, and 16 survive termination.

13. Modifications to Services & Terms

13.1 Service Changes

We reserve the right to modify, suspend, or discontinue any feature of the Services at any time, with or without notice. We will use reasonable efforts to provide 14 days' notice of material changes.

13.2 Changes to Terms

We may update these Terms from time to time. Material changes will be notified via email and/or a prominent notice on the Site at least 14 days before taking effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must cancel your Subscription and stop using the Services.

14. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any dispute arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, and any courts of appeal therefrom. You irrevocably submit to the jurisdiction of those courts.

15. Dispute Resolution

15.1 Informal Resolution

Before commencing formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation. The aggrieved party must send a written notice describing the dispute to the other party, and both parties shall use reasonable efforts to resolve the dispute within 30 days.

15.2 Mediation

If the dispute is not resolved through negotiation within 30 days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in accordance with ADC's mediation rules, with the mediation to take place in Sydney, New South Wales.

15.3 Court Proceedings

If mediation does not resolve the dispute within 60 days of the mediator's appointment, either party may commence court proceedings in accordance with Section 14.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any Subscription-specific terms, constitute the entire agreement between you and TARC and supersede all prior or contemporaneous agreements, communications, and proposals.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without your consent in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

TARC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, government actions, internet or telecommunications failures, third-party API outages, cyberattacks, or industrial disputes.

16.6 Notices

All notices under these Terms must be in writing and sent to:

• To TARC: theausroofingcorp@gmail.com or Suite 2.5 Riverside Park, 69 Central Coast Highway, West Gosford NSW 2250.
• To You: the email address associated with your Account.

16.7 Relationship of Parties

These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and TARC.

17. Contact Us