Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Kindai Estimating Suite platform ("Platform") operated by Kindai Pty Ltd ("Kindai", "we", "us", or "our"), an Australian company. By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy.

If you are using the Platform on behalf of a business or organisation, you represent that you have authority to bind that entity to these Terms, and "you" refers to that entity.

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

2. Nature of AI-Generated Outputs

You acknowledge and agree that:

• AI-generated estimates may contain errors, omissions, or inaccuracies
• You are solely responsible for reviewing, verifying, and approving all outputs before use
• Kindai does not guarantee the accuracy, completeness, or fitness for purpose of any AI-generated output
• Compliance with Australian tax law (GST), Fair Work obligations, state licensing requirements, and WHS legislation remains your responsibility
• Kindai's compliance prompts and pre-loaded rates are provided as starting points only and may not reflect your specific enterprise agreement, award variation, or regulatory obligation

3. Account Registration and Access

To access the Platform, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorised access to your account
• Be responsible for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or misuse the Platform.

4. Uploaded Content and Data

5. Subscription and Payment Terms

Access to the Platform is provided on a subscription basis. The following terms apply:

• Subscription fees are billed in advance on a monthly or annual basis
• All prices are in Australian Dollars (AUD) and inclusive of GST where applicable
• Subscriptions automatically renew unless cancelled before the renewal date
• You may cancel your subscription at any time; access continues until the end of the paid period
• Refunds are not provided for partial subscription periods, except where required by Australian Consumer Law
• We reserve the right to change pricing with 30 days' notice to existing subscribers
• Design Partner and founding member pricing is locked in as agreed at the time of enrolment

Payments are processed by Stripe. By providing payment details, you agree to Stripe's terms of service. We do not store your full card details.

6. Fair Use and Acceptable Use

You agree not to use the Platform to:

• Violate any applicable law or regulation
• Upload content that infringes third-party intellectual property rights
• Attempt to reverse-engineer, scrape, or extract data from the Platform
• Use automated tools to access the Platform in a manner that exceeds normal usage
• Share account credentials with unauthorised users
• Use the Platform to generate fraudulent or misleading quotes
• Attempt to circumvent security measures or access controls

Enterprise and multi-user accounts are subject to the user limits specified in your subscription plan. Additional users require additional licences.

7. Intellectual Property

The Kindai platform, including its software, AI models, user interface, design, branding, and documentation, is owned by Kindai Pty Ltd and protected by Australian and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to use the Platform for your internal business purposes during your subscription period. This licence does not include the right to sublicence, resell, or create derivative works based on the Platform.

You retain all intellectual property rights in Your Content. Kindai claims no ownership over your uploaded plans, job data, or generated estimates.

8. Limitation of Liability

Kindai is not liable for:

• Errors or inaccuracies in AI-generated estimates, takeoffs, or quotes
• Loss of profit, revenue, or business opportunity arising from reliance on AI outputs
• Regulatory non-compliance arising from use of pre-loaded rates or compliance prompts without independent verification
• Data loss due to circumstances beyond our reasonable control
• Indirect, consequential, or incidental damages of any kind

Nothing in these Terms excludes liability that cannot be excluded under the Australian Consumer Law, including consumer guarantees.

9. Service Availability and Changes

We aim to provide reliable access to the Platform but do not guarantee uninterrupted availability. We may perform maintenance, updates, or modifications to the Platform at any time. We will endeavour to provide advance notice of planned downtime.

We reserve the right to modify, suspend, or discontinue features of the Platform with reasonable notice. Material changes to the Platform that affect your subscription will be communicated with at least 30 days' notice.

10. Dispute Resolution

In the event of a dispute arising from these Terms or your use of the Platform, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation through the Australian Disputes Centre before commencing legal proceedings.

These Terms are governed by the laws of New South Wales, Australia. Subject to the above, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the Platform at least 14 days before the changes take effect. Your continued use of the Platform after changes take effect constitutes your acceptance of the updated Terms.

12. Contact Us