Terms of Service

1. Agreement

These Terms of Service (“Terms”) form a binding agreement between you (“you”, “your”, the “Customer”) and Takeoff and Estimating Pty Ltd (“costed.app”, “we”, “our”, “us”), governing your access to and use of the costed.app service (the “Service”). By creating an account, signing in, or otherwise using the Service you agree to be bound by these Terms.

2. Your account

To use the Service you must create an account and provide accurate registration information. You are responsible for keeping your credentials secure and for all activity under your account. You must notify us promptly of any unauthorised access. We may refuse, suspend or terminate accounts at our discretion where required by these Terms or by law.

3. Subscriptions, fees and payment

The Service is provided on a subscription basis. Fees are set out at costed.app/#pricing or in a separately agreed order form. Unless otherwise stated, fees are in Australian Dollars and exclude GST.

• Subscriptions renew automatically at the end of each billing period unless cancelled.
• Fees are payable in advance and are non-refundable except as required by law.
• We may change pricing on at least 30 days’ notice; changes apply at the next renewal.
• If payment fails, we may suspend access until amounts are paid.

A 14-day free trial is available to new customers. No credit card is required to start a trial; you will only be charged if you choose to convert to a paid plan.

4. Acceptable use

You agree not to:

• Use the Service to violate any law or third-party right.
• Reverse engineer, scrape, or attempt to gain unauthorised access to the Service or its underlying systems.
• Upload malware or content that is unlawful, infringing or harmful.
• Resell, sublicense or otherwise commercialise the Service without our written agreement.
• Interfere with the integrity or performance of the Service or other customers’ use of it.

5. Your content and data

You retain all ownership of the data, drawings, BOQs, invoices and other content you upload to the Service (“Customer Data”). You grant us a limited licence to host, process and display Customer Data solely to provide the Service. We will not use Customer Data to train any third-party AI models without your explicit consent. You can export Customer Data at any time while your account is active.

6. Intellectual property

The Service, including its software, design and trademarks, is owned by Takeoff and Estimating Pty Ltd and our licensors. We grant you a non-exclusive, non-transferable right to use the Service for the duration of your subscription, subject to these Terms. No other rights are granted.

7. Service availability

We aim for high availability but do not guarantee that the Service will be uninterrupted or error-free. We may schedule maintenance windows with reasonable notice and may perform emergency maintenance without notice where necessary. Status updates are published at our status page where applicable.

8. Warranties and disclaimers

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties not expressly set out in these Terms, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes or limits any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded.

9. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, loss of profit, loss of revenue, or loss of data, arising out of or in connection with these Terms, even if advised of the possibility of such damages. Our aggregate liability under these Terms is limited to the fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim.

10. Indemnity

You agree to indemnify us against claims, damages and costs arising from your breach of these Terms, your unlawful use of the Service, or content you upload to the Service that infringes a third-party right.

11. Confidentiality

Each party will protect the other’s confidential information with the same care it uses to protect its own confidential information of similar type, and not less than a reasonable standard of care.

12. Termination

You may cancel your subscription at any time from within your account or by contacting support; cancellation takes effect at the end of the current billing period. We may terminate or suspend your account immediately for material breach of these Terms, non-payment, or where required by law. On termination, your right to use the Service ends; you may export your Customer Data for a reasonable period after termination, after which we may delete it.

13. Changes to these Terms

We may update these Terms from time to time. The “last updated” date at the top reflects the most recent change. Material changes will be notified by email or in-product notice at least 30 days before they take effect. Continued use of the Service after that date constitutes acceptance.

14. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising under these Terms. The parties will use reasonable efforts to resolve disputes informally before commencing legal proceedings.

15. Contact

Takeoff and Estimating Pty Ltd
Sydney, Australia
legal@costed.app
+61 2 9146 4301