Terms of use

Draft version: 0.2 · Prepared: 24 October 2026 · Not yet in effect

These terms are an agreement between [Company name] (ABN [to be confirmed]) ("we", "us", "our") and the business that signs up for Mr Builder ("you", "your", the "Customer").

By ticking "I agree" when you create an account, or by using Mr Builder, you accept these terms for your business. The person accepting confirms they are authorised to bind the business. We keep a record of the version you accepted and when.

1. What Mr Builder is

1.1 Mr Builder is online software for Australian builders. It helps you measure quantities from plans ("takeoff"), price them, compare trade quotes, review and approve estimates, and produce client quotes and internal breakdowns (the "Service").

1.2 Business use only. The Service is for businesses in the building industry, not for personal, household or domestic use.

1.3 A tool, not advice. The Service calculates from what you and your team provide:

• the plans you upload and the scale you confirm;
• the shapes you draw;
• your recipes, price book, trade quotes, markup and wording.

It does not give legal, financial, engineering, building-surveying or professional estimating advice. It does not check that plans are complete or correct, or that work complies with the National Construction Code, the Domestic Building Contracts Act 1995 (Vic) or any other law.

1.4 You stay responsible for your quotes. You are responsible for:

• checking the quantities, scales, prices, scope, inclusions and exclusions;
• every quote, contract and variation you give your clients;
• complying with the laws that apply to your business (for example licensing, domestic building contract and consumer laws).

The Service flags some issues (for example scale mismatches, unpriced items, outstanding trade prices and undecided scope items), but it cannot find every error or omission.

2. Your account

2.1 Sign-up and approval. We may check new accounts before they open, for example by phoning the mobile number given. We may decline an application. You must give accurate details and keep them up to date.

2.2 Your users. You choose who in your business uses the Service and their role (for example owner, estimator or office). You are responsible for what your users do in your account, and for removing users who should no longer have access.

2.3 Security.

• Keep passwords and sign-in links confidential.
• Use two-step sign-in where we require it (for example for owners).
• Tell us promptly, using the support contact shown in the Service, if you suspect unauthorised access.

3. Pilots and changes to the Service

3.1 Pilots. If you take part in a pilot under a separate written pilot agreement, that agreement also applies. During a pilot, features may be incomplete and may change more often than usual.

3.2 Changes to the Service. We improve the Service over time. We will not remove a core feature you rely on during a paid period without telling you at least 30 days before. If a change materially reduces the Service, you may end your subscription and we will refund prepaid fees for the unused period.

3.3 Optional features. Some features, including any that use artificial intelligence (clause 9), are optional and can be switched off for your company.

4. Your data

4.1 You own your data. "Your Data" means everything you or your users put into the Service, and the documents generated from it for you. It includes:

• plans and files, including trade quotes you attach;
• measurements, prices and estimates;
• client details;
• quotes and breakdowns.

As between us, you own Your Data.

4.2 Our permission to use it. You give us a non-exclusive licence to host, copy, process, back up and display Your Data only as needed to:

• provide, secure and support the Service for you;
• meet our legal obligations.

We do not sell Your Data. We do not use it to train AI models.

4.3 De-identified information. We may create aggregated, de-identified statistics about use of the Service, such as how many quotes are issued. We use these to run and improve the Service. They will not identify you, your clients or any individual.

4.4 Plans and copyright. Plans are often protected by copyright held by architects or designers. You confirm you have the right to upload and use the plans and other material you put into the Service for estimating and quoting.

4.5 Personal information about your clients. When you enter information about your clients or other individuals (for example names, site addresses and email addresses):

• you are responsible for having a lawful basis to collect it and give it to us, including any notice your own privacy obligations require;
• we handle it on your behalf, as set out in our Privacy Policy and clause 10.

4.6 Backups are not your only copy. We back up the Service, but you should keep your own copies of important documents you issue, such as downloaded quotes.

5. Acceptable use

You must not, and must not let anyone else:

• use the Service unlawfully, to infringe anyone's rights, or to mislead clients;
• upload malware, or material you are not entitled to use;
• try to access another company's data, or test, probe or bypass security without our written permission;
• overload, disrupt, copy, resell, frame or reverse-engineer the Service, except as the law allows;
• share accounts, or let people outside your business use your account except as we agree.

6. Fees and payment

6.1 Fees. You pay the fees for your subscription set out in Schedule 1, or in a written order or pilot agreement that we have agreed with you. Fees are in Australian dollars and exclude GST unless stated; GST is added where it applies, and we issue tax invoices.

6.2 Subscriptions and renewal. Subscriptions are billed monthly in advance and renew automatically each month until you or we end them under clause 15. You can see your plan, next payment date and invoices on the Billing page.

6.3 How you pay. You pay by card or direct debit through our payment processor (currently Stripe). Payment details are entered on the processor's secure pages; we do not see or store your full card or bank account details. The processor's own terms apply to the payment itself. You authorise us and the processor to charge the fees when due.

6.4 Failed or late payments. If a payment fails, we will tell you and the processor may retry it. You must update your payment details promptly. If any amount is more than 30 days overdue, we may suspend the Service (clause 15.5) after giving you at least 7 days' written notice. We will restore access promptly once the overdue amount is paid. We do not charge late fees or interest.

6.5 Price changes. We may change our prices for future periods by giving at least 30 days' notice. If you don't accept a change, you may end your subscription before it takes effect. A founding-customer price is fixed for the period stated in Schedule 1.

6.6 Refunds. Fees are not refundable except as these terms or a written order say, or as the law requires.

7. Availability, support and backups

7.1 Availability. We use reasonable care and skill to keep the Service available and working. There will be planned maintenance, which we try to schedule outside Australian business hours, and occasional unplanned outages. We do not offer a service-level commitment unless agreed in a written order.

7.2 Support. We give support through the Service (Ask a question or report an issue) and by email, during 9 am–5 pm Melbourne time on business days. We aim to reply within one business day.

7.3 Backups. We take regular backups and test that we can restore them. If Your Data is lost or corrupted because of our failure, our first step is to restore it from our most recent backup.

8. Support access to your data

8.1 Only with your permission. Our team does not look at Your Data except:

• with the permission of your account owner, for a support request (for example "please look at project X");
• where needed to investigate a security incident, prevent harm or meet a legal obligation, in which case we tell you unless the law prevents it.

8.2 Limits on our team's access. Our team's access is limited to what's needed, protected by two-step sign-in and recorded. A problem report you send us contains only what you write in it and basic technical details (the page, app version and browser); it does not give us access to your projects.

9. Artificial intelligence features

9.1 Optional. Some features may use artificial intelligence (AI) to suggest information, for example reading a supplier quote or a specification. They are optional, and your owner can switch them off.

9.2 Suggestions only. AI output is a suggestion and may be wrong. A person in your business must check and accept it before it is used. Prices and quantities are always calculated by the Service's own rules, not by AI.

9.3 AI providers. If you use an AI feature, the relevant part of Your Data may be sent to the AI provider named in our Privacy Policy, under terms that do not allow them to train on it.

9.4 Your own AI assistants. Your owner may allow people in your company to connect their own AI assistant (for example Claude or ChatGPT) to the Service. A connected assistant acts for the person who connected it: it can only read what that person may see. If your owner also allows drafts, it can prepare drafts (for example a project, estimate lines or quote wording) that have no effect until that person accepts them in the Service; it cannot approve, issue or send anything, and accepted drafts are that person's own work for which you remain responsible. Information it reads is sent to that assistant's provider under your or that person's own agreement with the provider, not under these terms, and we are not responsible for how the provider handles it. We record each request (which tool, when and the size of the answer) but not its content. You or your owner can disconnect an assistant at any time, and we may limit or suspend connections to protect the Service.

10. Privacy and security

10.1 Privacy Policy. Our Privacy Policy explains how we handle personal information, and forms part of these terms.

10.2 Protecting Your Data. We take reasonable steps to protect Your Data from misuse, interference, loss and unauthorised access, modification or disclosure. These include:

• encryption in transit;
• separation of each company's data;
• access controls and malware scanning of uploads.

10.3 Data breaches. If we become aware of a data breach affecting Your Data, we will:

• tell you without undue delay;
• work with you to assess and contain it;
• notify the Office of the Australian Information Commissioner and affected individuals where the Privacy Act 1988 (Cth) requires.

10.4 Where your data is stored. We host Your Data in Australia (currently Amazon Web Services, Sydney region). We tell you in the Privacy Policy before using a service provider that stores Your Data outside Australia.

10.5 Our service providers. We use service providers to run the Service, for example hosting, payment processing and email. They act on our instructions under confidentiality and security obligations, and we remain responsible for them under these terms.

11. Confidentiality

Each of us will keep the other's confidential information confidential, and use it only for this agreement. Your confidential information includes Your Data; ours includes non-public parts of the Service and pricing.

This does not apply to information that is public through no fault of the receiving party, or that the law requires to be disclosed.

12. Our intellectual property and feedback

12.1 Our property. We (and our licensors) own the Service, its software, design and documentation. You receive a non-exclusive, non-transferable right for your users to use the Service for your business while your subscription is active.

12.2 Feedback. If you give us suggestions, we may use them to improve the Service without any obligation to you. We will not identify you publicly without your permission.

13. Australian Consumer Law, warranties and liability

13.1 Consumer guarantees. Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or other legislation, if it cannot lawfully be excluded, restricted or modified ("Non-excludable Rights").

13.2 Limited remedy where the law allows. Where the law allows us to limit our liability for failing to comply with a consumer guarantee, our liability is limited, at our choice, to supplying the services again or paying the cost of having them supplied again.

13.3 No other promises. Except for Non-excludable Rights and what these terms expressly say, the Service is provided without other promises. In particular, we do not promise that it is error-free or uninterrupted, or that it will detect every error or omission in plans, measurements or estimates.

13.4 Liability cap. Subject to clause 13.1, each party's total liability under or in connection with these terms is limited to the greater of the fees you paid in the 12 months before the event giving rise to the claim and A$2,500.

The cap does not apply to:

• your obligation to pay fees;
• a party's fraud or wilful misconduct;
• a breach of confidentiality or privacy obligations;
• personal injury or death caused by a party's negligence.

13.5 Indirect loss. Neither party is liable for indirect or consequential loss, or for loss of profit, revenue or business opportunity. This includes loss from a quote being too low or too high. This applies except where it results from that party's fraud or wilful misconduct, or where the law does not allow it to be excluded.

13.6 Reduction for contribution. Each party's liability is reduced to the extent the other party, or its users, caused or contributed to the loss. An example is an error in plans, scales, prices or quantities that you were responsible for checking.

14. Indemnity

You are responsible for claims by third parties that Your Data, or your use of the Service in breach of clause 4.4 or 5, infringes their rights. You will compensate us for reasonable losses and costs we incur because of such a claim, except to the extent we caused it.

15. Ending or suspending the agreement

15.1 You can end it at any time, in the app (Billing → Manage billing) or by notice under clause 17.3. It ends at the end of your current paid period; there is no partial-month refund unless these terms say otherwise.

15.2 We can end it:

• with 30 days' notice, for any reason;
• by notice, if you materially breach these terms and don't fix the breach within 14 days of notice;
• immediately by notice, if the breach is serious and can't be fixed, for example a security attack, unlawful use or an attempt to access another company's data.

If we end it under the first point, we refund prepaid fees for the unused period.

15.3 Getting your data. For 60 days after the agreement ends, your owner can export Your Data, including issued quotes and breakdowns, in common formats. After that we delete it, except:

• copies in backups, which are deleted as the backups expire within 35 days;
• records we must keep by law, such as tax and financial records;
• audit records needed to protect the integrity of issued documents, and records of notices and account changes.

Those retained records are kept secure and used only for those purposes.

15.4 Clauses that continue after the end. Clauses 4, 6 (for amounts owing), 10, 11, 13, 14, 15.3 and 17 continue after the agreement ends.

15.5 What suspension means. Where these terms allow us to suspend the Service (clause 6.4, or instead of ending the agreement under clause 15.2), your company becomes read-only: your users can still sign in, view and export all of Your Data, and pay outstanding fees, but cannot create or change work. Suspension never deletes Your Data or withholds it from you. We tell you why, and we lift it promptly once the reason is resolved; a suspension for unpaid fees ends automatically once they are paid.

16. Changes to these terms

We may update these terms. For changes that materially affect you, we will give at least 30 days' notice by email or in the app. If you don't agree, you may end your subscription before the change takes effect, and we will refund prepaid fees for the unused period. Changes needed urgently for legal or security reasons may take effect sooner; we will tell you why.

17. General

17.1 Governing law. These terms are governed by the laws of Victoria, Australia. Each party submits to the courts of Victoria and the Commonwealth courts sitting there.

17.2 Disputes.

• Before going to court (except for urgent relief), a party must give written notice of the dispute.
• Senior people from each party then meet, in person or online, within 14 days to try to resolve it.
• If it is not resolved within 30 days of the notice, either party may refer it to mediation by a mediator the parties agree or, if they don't agree within 10 business days, one nominated by the Chair of Resolution Institute. The mediator's costs are shared equally.

17.3 Notices. Notices under these terms are given in writing by email:

• to you, at the email address of your account owner (and of the person who signed up, if different);
• to us, at the contact address shown in the Service for notices.

A notice sent by email is received when it is sent, unless the sender is told it was not delivered. If it is sent after 5 pm or on a day that is not a business day (in Melbourne), it is received on the next business day.

17.4 Assignment. You may not assign this agreement without our consent, which we will not unreasonably withhold. We may assign it to a buyer of our business if we tell you and the buyer agrees to be bound.

17.5 Events beyond our control. Neither party is liable for delay caused by events outside its reasonable control, except for paying fees.

17.6 Whole agreement and invalid clauses. These terms, the Privacy Policy and any written order or pilot agreement are the whole agreement. If a clause is invalid, it is read down or severed, and the rest continues. A failure to enforce a right is not a waiver.

17.7 Order of precedence. If documents conflict, this order applies:

1. a signed written order or pilot agreement;
2. Schedule 1;
3. these terms;
4. the Privacy Policy.

17.8 Meaning of words. "Business day" means a day other than a Saturday, Sunday or public holiday in Melbourne. "Including" and "for example" do not limit what comes before them.

Schedule 1 — Subscription and founding-customer offer

1. Standard subscription: A$199 + GST per company per month (A$218.90 including GST), billed monthly in advance.
2. Founding-customer offer: where we have confirmed it for your company before you subscribe (it is shown on the Billing page), A$149 + GST per company per month (A$163.90 including GST) for your first 12 paid months. After that, the standard subscription applies, subject to clause 6.5.
3. Included access: one company and up to three named users, with access determined by their roles. Additional users or companies require a separately agreed offer. Accounts must not be shared.
4. Basic onboarding: one walkthrough and help using the supported rate-import template are included. Extensive rate cleanup, custom recipe setup or migration is separately scoped and quoted before work begins.
5. Cancellation: you may cancel for the end of your current paid monthly period under clause 15.1. There is no annual commitment.
6. Optional AI: AI services are not included as unlimited usage. If offered, separate pricing, limits and authorisation will be agreed before use.
7. Existing agreements: this schedule does not change a signed written order or pilot agreement, or remove a refund or credit already promised in one.