Terms of Service

1. Acceptance of Terms

Welcome to SiteStream. By accessing or using the SiteStream mobile application and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and SiteStream Pty Ltd ("SiteStream", "we", "us", or "our"). By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

SiteStream is a construction Request for Information (RFI) management platform designed to facilitate communication, collaboration, and project management between contractors, engineers, and other construction professionals. The Service includes features for:

• Creating and managing RFIs with various urgency levels
• Team collaboration and project organization
• Invoice generation and management
• Document and photo sharing
• Real-time notifications and updates
• AI-powered insights and summaries
• Rate management and billing features

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. User Accounts & Registration

To use the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You must be at least 18 years old to create an account. You may not use the Service if you are under 18 years of age.

4. User Responsibilities

As a user of the Service, you are responsible for:

• Accuracy of Information: Ensuring all information you provide is accurate, truthful, and complete
• Professional Conduct: Maintaining professional standards in all communications
• Compliance: Complying with all applicable laws, regulations, and industry standards
• Data Backup: Maintaining appropriate backups of your important data
• Payment Obligations: Timely payment of all fees and charges for billable features

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload or transmit viruses, malware, or malicious code
• Harass, abuse, threaten, or intimidate other users
• Impersonate any person or entity
• Engage in fraudulent or deceptive practices
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Scrape, crawl, or use automated means to access the Service without permission

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.

6. Artificial Intelligence Features

SiteStream incorporates artificial intelligence and machine learning features powered by third-party providers including OpenAI, Google (Gemini), and Anthropic (Claude). By using AI-powered features, you acknowledge and agree that:

• Accuracy Disclaimer: AI-generated content, suggestions, and insights may not always be accurate, complete, or appropriate. You are responsible for verifying all AI-generated information.
• Third-Party Processing: Your interactions with AI features may be processed by third-party AI providers subject to their respective privacy policies.
• Professional Judgment: AI-generated suggestions are not a substitute for professional engineering or legal advice.
• No Liability: SiteStream is not liable for decisions made or actions taken based on AI-generated content.
• Continuous Improvement: AI features are continuously evolving and may change over time without notice.

7. Intellectual Property Rights

Our Rights: The Service, including all content, features, functionality, software, code, designs, graphics, logos, and trademarks, is owned by SiteStream Pty Ltd and is protected by Australian and international intellectual property laws.

Your Content: You retain ownership of all content you upload or create through the Service ("User Content"). By using the Service, you grant SiteStream a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and process your User Content solely for providing and improving the Service.

Feedback: If you provide feedback or suggestions about the Service, you grant us the right to use and incorporate such feedback without any obligation to you.

8. Payment Terms

Certain features of the Service may require payment. By using paid features, you agree to:

• Fees: Pay all applicable fees as described in the Service. All fees are in Australian Dollars (AUD) unless otherwise specified.
• Billing: Authorize us to charge your designated payment method for all fees.
• Subscriptions: Subscription fees are billed in advance on a recurring basis. Subscriptions automatically renew unless cancelled.
• Refunds: Fees are generally non-refundable except where required by law.
• Price Changes: We may change our fees at any time with reasonable notice.
• Invoicing Features: If you use invoicing features to bill clients, you are solely responsible for those billing relationships.
• Taxes: You are responsible for any applicable taxes (including GST) related to your use of the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:

SiteStream, its directors, officers, employees, affiliates, agents, and licensors SHALL NOT BE LIABLE for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Errors, mistakes, or inaccuracies in the Service
• Loss or damage from use of AI features or AI-generated content

In no event shall SiteStream's total liability exceed the amount you have paid to SiteStream in the twelve (12) months preceding the claim, or $100 AUD, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. You may have additional rights under Australian Consumer Law that cannot be excluded.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by Australian law, SiteStream DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or completeness of content.

Nothing in these Terms excludes or modifies any consumer guarantees or rights you may have under the Australian Consumer Law that cannot be excluded.

11. Indemnification

You agree to defend, indemnify, and hold harmless SiteStream, its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to:

• Your violation of these Terms
• Your use or misuse of the Service
• Your User Content or any content you submit
• Your violation of any third-party rights or applicable laws

12. Termination of Service

Your Right to Terminate: You may terminate your account at any time by contacting us or using the account deletion feature in the app.

Our Right to Terminate: We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice.

Effect of Termination: Upon termination, your access to the Service will be disabled, we may delete your account and associated data, and you will not be entitled to any refund of fees paid.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If we make material changes, we will notify you by posting the updated Terms in the app, sending an email notification, or displaying a prominent notice.

Your continued use of the Service after any changes constitutes acceptance of those changes.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

15. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us at:

SiteStream Pty Ltd
Email: legal@sitestream.au
Support: support@sitestream.au
Website: sitestream.au