Terms of Service
These terms govern your use of our property intelligence platform and services. By using our platform, you agree to be bound by these terms.
Our Services
Applied AI Pty Ltd (ABN 90 668 168 830, ACN 668 168 830) operates a comprehensive property intelligence platform providing property data analysis, market insights, valuation estimates, building information, planning data, and related services ("Services") through our website and applications ("Platform").
Service Features Include: Property search and analysis, market trend reports, comparative market analysis, planning and building information, property valuation estimates, neighbourhood insights, and data export capabilities.
Acceptance of Terms
By accessing or using our Platform or Services, you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our Platform or Services.
Effective Date: 3 September 2026 | Version: 4.1 | Last Modified: 3 September 2026
Modifications to Terms
We may update these Terms from time to time. Each revision is published on this page with its own version number and effective date. Where a change is material we will notify you by email or platform notice — ordinarily at least 30 days before it takes effect, and otherwise as soon as reasonably practicable where it must take effect sooner. You will be asked to accept the current Terms in the Platform before you continue using your account; if you do not accept them, you must stop using the Platform.
Eligibility and Registration
You must be at least 18 years old and legally capable of entering into binding contracts under Australian law. You represent that all registration information is accurate and will maintain its accuracy.
Account Security
- You are responsible for maintaining the confidentiality of your account credentials
- You must immediately notify us of any unauthorized use of your account
- You are liable for all activities under your account until properly terminated
- Use strong passwords and enable two-factor authentication when available
Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. Acceptable uses include:
- Property research for investment, purchase, or development decisions
- Market analysis for professional real estate activities
- Academic or educational research (subject to additional terms)
- Internal business analysis and reporting
Prohibited Uses
You must not:
- Resell, redistribute, or commercialize our data without explicit written permission
- Use automated tools to scrape, harvest, or extract data from our Platform
- Reverse engineer, decompile, or attempt to derive source code
- Use our Services to spam, harass, or engage in fraudulent activities
- Violate any applicable laws, regulations, or third-party rights
- Circumvent security measures or access controls
- Upload malicious software or attempt to gain unauthorized access
- Create false or misleading property listings or information
Our Intellectual Property
We retain all rights, title, and interest in our Platform, Services, software, algorithms, databases, user interfaces, and related intellectual property. This includes but is not limited to:
- Proprietary algorithms and valuation methodologies
- Software code, architecture, and design elements
- Compiled datasets and analytical insights
- Trademarks, logos, and brand elements
- Documentation, training materials, and content
Limited License to Users
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes only.
Third-Party Data Rights
Our Platform incorporates data from third-party sources including government databases, Domain.com.au, and other data providers. Use of this data is subject to their respective licensing terms and our data usage policies.
Open Data Source Attribution (API & Developer Use)
Draft clause — under legal review.
Certain data returned through our Services and API is sourced from open-data providers under licences that require attribution, including cadastral and planning data and the Geocoded National Address File (G-NAF) under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence, building footprints under the Open Data Commons Open Database License (ODbL), and Victorian Government property data. Where our API supplies attribution and licence information (via the response attribution and license fields and the X-Insitive-Attribution and X-Insitive-License headers), you must reproduce that attribution whenever you display, republish, or otherwise make the data available to your own users, and you must comply with the terms of the applicable upstream licence. You must not remove, obscure, or alter any such attribution.
User-Generated Content
You retain ownership of content you submit, but grant us a worldwide, royalty-free license to use, reproduce, and display such content as necessary to provide our Services. You represent that you have the right to grant this license. Plans, drawings and other documents you upload for assessment are not governed by this clause — they are governed by section 4 (Plans and Documents You Upload), which grants us a narrower licence for a single stated purpose.
Copyright Protection
We respect intellectual property rights and comply with the Copyright Act 1968 (Cth). If you believe your copyright has been infringed, please contact us with detailed information for investigation.
Parts of our Services let you send us an architectural plan, floor plan, site plan or similar drawing (an "Uploaded Plan") so that we can produce a design rating and related analysis from it (a "Derived Rating"). This section governs those uploads and prevails over any inconsistent provision elsewhere in these Terms.
Plan upload is being released in stages. This section applies to you from the moment your account can upload a plan, and it describes what we will do with a drawing you send us from that point on. Until upload is available to you, we hold no Uploaded Plan of yours and nothing in this section describes anything we already have.
You Keep Ownership
You (or your licensor) keep all right, title and interest in an Uploaded Plan. Nothing in these Terms transfers ownership of your drawing to us, and uploading a plan does not make it ours, our licensor's, or anybody else's. You also own the Derived Rating we produce for you from it, for your own use; we keep ownership of the methodology, models, rubrics and software that produce it, and of the aggregate scales the rating is expressed against.
The Licence You Grant Us — and Its Limits
You grant us a non-exclusive, royalty-free, worldwide licence to do the following with an Uploaded Plan, for the sole purpose of producing, delivering and supporting the Derived Rating you asked for:
- store the file and keep backup copies of it;
- convert it — including rasterising a PDF or vector drawing into images, and splitting, cropping, rotating or rescaling those images;
- transmit it to the third-party AI providers named below, and to our hosting and storage providers, so it can be analysed;
- extract measurements, room and opening data, orientation and other features from it, and compute and store the Derived Rating and its supporting evidence;
- display the plan, the extracted data and the rating back to you.
And nothing broader. This licence does not permit us to publish your plan, licence or sell it, show it to another customer, include it in a catalogue or dataset we distribute, or use it to train, tune, evaluate or benchmark any model or rating methodology. It is granted only for as long as we hold the plan under the retention terms below, and it ends when the plan and its Derived Rating are deleted.
You Must Have the Right to Upload It
You represent and warrant that, for every Uploaded Plan, you either own the copyright in the drawing or hold a licence or permission from the copyright owner (typically the architect, building designer or draftsperson) that allows you to give us the licence described above. Copyright in an architectural drawing usually stays with its author even after you have paid for it — if you are not sure, ask them before you upload.
If you do not have that right:
- you must not upload the plan;
- we may remove the plan and its Derived Rating without notice once we are made aware, and we may suspend or terminate your access if it happens repeatedly;
- we will act on a copyright owner's complaint under the Copyright Act 1968 (Cth) — contact admin@insitive.com.au;
- you indemnify us against claims, loss and reasonable legal costs arising from an Uploaded Plan you did not have the right to give us, to the extent the claim is caused by that lack of right.
Processing by a Third-Party AI Model
An Uploaded Plan is read by a third-party AI model that we do not operate. We currently use Google LLC (Gemini) and Anthropic PBC (Claude); both process the drawing outside Australia. Uploading a plan means agreeing to that disclosure. If we change providers in a way that materially changes this, we will update these Terms.
We only send these plans on commercial credentials whose terms exclude our traffic from provider model training, from human review, and from open-ended retention. Our systems verify the credential in use before any drawing is sent, and refuse to send it if that exclusion is not evidenced.
A Derived Rating Is Machine-Derived, Not a Certification
A Derived Rating is produced by software reading the drawing you gave us. It is an opinion generated from the drawing — not a measurement, survey, site inspection, building certification, energy rating, or assessment of compliance with any planning scheme, building code or standard. Nobody visits the site and no registered professional signs it.
- It is only ever as good as the drawing: an out-of-date, incomplete, unscaled, hand-marked or low-resolution plan will produce a rating to match, and an AI model can misread a drawing.
- It is not a NatHERS, BASIX, Whole-of-Home or any other statutory or accredited rating, and must not be presented as one.
- It must not be relied on for a building permit, planning application, finance, insurance, sale or any other decision requiring certified information. Obtain professional advice for those.
Retention and Deletion
We keep an Uploaded Plan and its Derived Rating for as long as your account is open and you have not deleted them — so that you can return to the result, and so we can re-check it if you query it. We do not keep them on any longer schedule of our own.
- You delete a plan: delete it from your account, or email admin@insitive.com.au while a delete control is not yet shown to you. We delete the stored file and the Derived Rating and any data we extracted from the drawing.
- You close your account: your Uploaded Plans and their Derived Ratings are deleted with it.
- You ask us: email admin@insitive.com.au, or use our Data Management Portal. We action deletion requests within 30 days.
- Backups: deleted files may persist in encrypted backups for up to 90 days on a rolling cycle before those backups expire.
- Provider copies: the AI providers named above retain the transmitted content only for the bounded abuse-monitoring period their commercial terms allow; we cannot delete their copy earlier than that.
Not Published, Not Used for Training or Benchmarking
An Uploaded Plan and its Derived Rating are yours and stay private to your account. They are not added to our published home-design catalogue, our banked ratings, any dataset we licence or sell, or any comparison set shown to other customers; and we do not use them to train, fine-tune, calibrate, evaluate or benchmark our models, rubrics or rating methodology. If we ever want to do any of those things with your plan, we will ask you first and you may say no without losing access to the Service.
Privacy Compliance
We are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth), Australian Privacy Principles, and the Victorian Privacy and Data Protection Act 2014.
Privacy Policy: Our detailed Privacy Policy, available at/privacy-buildhq, explains how we collect, use, disclose, and protect your personal information.
Data Collection and Use
- We collect personal information necessary to provide our Services
- Usage data helps us improve Platform functionality and user experience
- We may use anonymized, aggregated data for research and analytics
- Marketing communications require your explicit consent
Data Security
We implement industry-standard security measures including encryption, access controls, and regular security audits. However, no system is completely secure, and you acknowledge the inherent risks of electronic data transmission.
Your Privacy Rights
Under Australian privacy law, you have rights to access, correct, and delete your personal information. Contact our Privacy Officer to exercise these rights or resolve privacy concerns.
Service Plans and Pricing
Our Services are available through various subscription plans and pay-per-use options. Current pricing is displayed on our Platform and may be subject to change with 30 days' notice.
Payment Processing
- All prices are in Australian dollars (AUD) and include GST where applicable
- Payments are processed through secure third-party payment processors
- We accept major credit cards, debit cards, and business payment methods
- Subscription fees are charged in advance on a recurring basis
Billing and Renewals
- Subscriptions automatically renew unless cancelled before the renewal date
- We will send renewal notices at least 7 days before charging your payment method
- Failed payments may result in service suspension after a 7-day grace period
- Updated payment information must be provided to maintain service continuity
Refunds and Cancellations
Subscription Services: You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period with no refund for unused time.
One-time Purchases: Refunds for one-time purchases are considered on a case-by-case basis and may be subject to a 10% administration fee.
Australian Consumer Law: Nothing in these terms affects your rights under Australian Consumer Law, including rights to refunds for services not provided with due care and skill.
Tax Obligations
GST is included in displayed prices where applicable. Business users are responsible for providing valid ABN details for tax purposes. International users may be subject to additional taxes or duties.
Service Availability
We strive to maintain high service availability but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance where possible.
Termination by You
- You may cancel your account at any time through your account settings
- Cancellation takes effect at the end of your current billing period
- You remain responsible for charges incurred before cancellation
- Data export options are available for 30 days after cancellation
Termination by Us
We may suspend or terminate your account if you:
- Violate these Terms or our acceptable use policies
- Fail to pay fees when due (after 30-day notice)
- Engage in fraudulent or illegal activities
- Pose a security risk to our Platform or other users
Immediate Termination: We may immediately terminate accounts for serious violations including unauthorized data scraping, security breaches, or illegal activities.
Effects of Termination
Upon termination: (i) your access to Services ceases immediately; (ii) we may delete your data after 30 days; (iii) payment obligations for services received remain; (iv) confidentiality and limitation of liability provisions survive.
LIABILITY CAP
To the maximum extent permitted by law, our total liability for any claim shall not exceed the total fees you paid to us in the twelve (12) months preceding the claim.
Exclusion of Consequential Damages
We are not liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, business opportunities, or goodwill
- Business interruption or loss of data
- Costs of procurement of substitute services
- Damages arising from reliance on Platform information for investment decisions
Service Disclaimers
Our Services are provided "as is" without warranties. We disclaim all warranties regarding accuracy, completeness, reliability, or fitness for a particular purpose to the maximum extent permitted by law.
Australian Consumer Law Compliance
Nothing in these Terms excludes, restricts, or modifies consumer rights that cannot be excluded under the Australian Consumer Law. Where services are not acquired for personal use, our liability for non-excludable guarantees is limited to re-supply of services or payment of re-supply costs.
Applicable Law
These Terms are governed by the laws of Victoria, Australia, and the Commonwealth of Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Jurisdiction
You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, for any disputes arising from these Terms or our Services.
Dispute Resolution Process
Step 1 - Direct Resolution: Contact our customer service team to resolve disputes informally within 30 days of the issue arising.
Step 2 - Formal Notice: If unresolved, provide written notice detailing the dispute and proposed resolution.
Step 3 - Good Faith Negotiation: Both parties will attempt resolution through good faith negotiation for 30 days.
Step 4 - Legal Proceedings: If negotiation fails, disputes may be submitted to the appropriate Victorian court.
Alternative Dispute Resolution
For eligible consumer disputes, you may contact the Australian Financial Complaints Authority (AFCA) or relevant industry ombudsman before pursuing legal action.
Entire Agreement
These Terms, together with our Privacy Policy and any additional service-specific terms, constitute the entire agreement between you and us regarding our Services.
Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
Assignment
You may not assign or transfer your rights under these Terms. We may assign our rights and obligations with 30 days' notice, including in connection with mergers or asset sales.
Force Majeure
Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, pandemics, or infrastructure failures.
Notices
Legal notices will be sent to your registered email address. Service-related communications may be provided through our Platform. You must maintain current contact information.
For questions about these Terms or our Services, please contact us. You can also visit ourcontact page for more information.
General Inquiries
Email: admin@insitive.com.au
Phone: 0490 368 432
Hours: Monday-Friday, 9:00 AM - 6:00 PM (AEST)
Legal Department
Email: admin@insitive.com.au
Phone: 0490 368 432
Hours: Monday-Friday, 9:00 AM - 5:00 PM (AEST)
Business Address
Applied AI Pty Ltd
ABN 90 668 168 830
S21, 45 Collins Street
Melbourne, VIC 3000
Australia