Terms of Service

Terms & Conditions — DRAFT for legal review TERMS & CONDITIONS You Can Visualise Pty Ltd, ABN 22699757395 — Effective date: 1.7.2026 1. Introduction and Acceptance 1.1 These Terms & Conditions (“Terms”) govern access to and use of the You Can Visualise software platform (“Platform”), provided by You Can Visualise Pty Ltd, ABN 22699757395 (“we”, “us”, “our”). 1.2 By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform. 1.3 Where you use the Platform as a homebuyer, a builder or client of a builder using our Platform (“Builder”), these Terms apply to your use in addition to any arrangement between you and that Builder. 1.4 Where a Builder subscribes to the Platform on a commercial basis, that relationship is additionally governed by a separate subscription agreement, which prevails over these Terms to the extent of any inconsistency. 1.5 Our Privacy Policy, available at www.youcanvisualise.com, explains how we handle personal information and forms part of these Terms by reference. 2. Definitions •​ “Platform” means the You Can Visualise website, software and related services. •​ “User”, “you” means any person who accesses or uses the Platform, including homebuyers and Builder staff. •​ “Render” means a 3D visualisation generated by the Platform based on selections made using a Builder’s product range. •​ “Content” means any information, selections, images or other material submitted to or generated through the Platform. 3. Description of the Platform 3.1 The Platform allows a User to visualise a home using a Builder’s product range and to record selections, which may be used to generate a colour schedule for the Builder’s use. 3.2 The Platform is provided to homebuyers as part of a Builder’s colour selection process, and is made available to Builders on a subscription or pilot basis under separate commercial terms. 4. Eligibility and Accounts 4.1 You must be at least 18 years old, or otherwise able to form a binding contract under Australian law, to use the Platform. 4.2 Where an account is required, you are responsible for maintaining the confidentiality of your login details and for all activity under your account. 4.3 You must provide accurate information when using the Platform and promptly update it if it changes. 5. Acceptable Use 5.1 You must not use the Platform to: •​ act unlawfully or in breach of any applicable law or regulation; •​ infringe the intellectual property or other rights of any person; Page 1 of 3 Terms & Conditions — DRAFT for legal review •​ upload or transmit any harmful code, or attempt to interfere with the proper functioning of the Platform; •​ attempt to gain unauthorised access to the Platform, other users’ accounts, or any Builder’s Product Library; or •​ misrepresent your identity or your relationship to any Builder. 5.2 We may suspend or terminate access to the Platform for any breach of this clause 5. 6. Renders Are Indicative Only 6.1 Renders generated by the Platform are a visual aid to support the selection process and are indicative only. The finished appearance of a home may differ from a Render due to factors including material batch variation, lighting, screen or device display differences, on-site conditions and limitations of the Platform. 6.2 Renders are produced using artificial intelligence and image-generation technology. As with any AI-generated output, a Render may contain errors, inaccuracies, or misrepresentations of a selected product, colour, or material, including in ways that are not immediately obvious. You should not assume a Render is a precise or error-free depiction of any product. 6.3 Renders are not a guarantee or warranty of the final appearance of any home, and should not be relied upon as a substitute for reviewing physical product samples before finalising selections. 6.4 Responsibility for ensuring a homebuyer has reviewed physical samples before final sign-off rests with the relevant Builder, in accordance with the Builder’s own sign-off process. 6.5 Materials or products may from time to time become unavailable to purchase, we make no guarantees the materials or products will be available or available in your local area. 7. Intellectual Property 7.1 We (or our licensors) own all intellectual property rights in the Platform, including its software, design, and underlying technology. Nothing in these Terms transfers any such rights to you. 7.2 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the Platform for its intended purpose. 7.3 As between a Builder and us, we retain ownership of the Product Library and of homebuyer selection data generated through its use of the Platform, as set out in the applicable subscription agreement. 8. Content You Provide 8.1 You retain ownership of any Content you submit through the Platform (for example, your selections and plans). 8.2 By submitting Content, you grant us a licence to use it for the purposes of providing the Platform, including generating Renders and colour schedules, and as otherwise described in our Privacy Policy. 9. Availability and Changes 9.1 We aim to keep the Platform available but do not guarantee uninterrupted or error-free access. The Platform may be unavailable from time to time for maintenance or reasons beyond our control. 9.2 We may modify, suspend, or discontinue any part of the Platform at any time, acting reasonably. 10. Disclaimers Page 2 of 3 Terms & Conditions — DRAFT for legal review 10.1 To the maximum extent permitted by law, the Platform is provided “as is” and “as available”, without warranties of any kind, whether express or implied, except for any consumer guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). 10.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified. 11. Limitation of Liability 11.1 To the maximum extent permitted by law, our total liability arising from or in connection with these Terms or use of the Platform is limited, at our election, to re-supply of the Platform or the amount paid by you (or the relevant Builder) for the Platform in the [3/6/12] months preceding the claim. 11.2 We are not liable for indirect or consequential loss, or for loss arising from your reliance on a Render without reviewing physical samples. 11.3 Nothing in this clause excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot be excluded or limited by law. 12. Suspension and Termination 12.1 We may suspend or terminate your access to the Platform if you breach these Terms, or where reasonably necessary to protect the security or integrity of the Platform. 12.2 Termination of a Builder’s subscription is governed by the applicable subscription agreement. 13. Changes to These Terms 13.1 We may update these Terms from time to time. Material changes will be notified via [the Platform / email / our website] with reasonable notice before they take effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms. 14. General •​ These Terms constitute the entire agreement between you and us regarding use of the Platform, together with our Privacy Policy and, where applicable, a Builder’s subscription agreement. Governing law: These Terms are governed by the laws of [New South Wales], Australia. Contact: Questions about these Terms can be directed to [contact email]. Page 3 of 3