Terms of Service

1. What the Service is — and is not

DrivewayIQ generates residential driveway gradient profiles, simulates the passage of a selected vehicle across a profile, assesses a profile against criteria that you select, and exports dimensioned drawings.

You acknowledge and agree that:

• the Service is a design support and documentation tool. It is not an engineering service, a certification service, a surveying service, a building approval, or professional advice of any kind;
• no output of the Service certifies, approves, validates or warrants that a design complies with any Australian Standard, development code, planning scheme, council requirement or other regulatory instrument. The Service assesses a design against the criteria in the rule pack you choose, and the approving authority remains the authority;
• rule packs are versioned interpretations of source documents prepared by us. They are not the source documents, are not endorsed by any standards body, council or government, and may not reflect the current edition of a document or a local variation that applies to your site;
• certain vehicle inputs — in particular underbody clearance heights — are engineering estimates, not manufacturer-published figures, as described in our Disclaimer;
• outputs depend entirely on the levels, lengths and selections you enter. The Service cannot detect an incorrect survey level, an out-of-date datum or a site condition you have not told it about.

Our Disclaimer and Acceptable Use Policy are incorporated into and form part of these Terms.

2. Your professional responsibility

You are responsible for every design you produce, submit, build from or rely on, whether or not it was prepared with the Service. In particular you agree that you will:

• independently verify all inputs, including survey levels, boundary levels, driveway length and slab levels;
• independently verify all outputs against the actual standards, codes and council requirements applying to the site, before submission or construction;
• have any design that requires professional judgement reviewed by a person appropriately qualified and, where required, registered or licensed to give it;
• not present an output of the Service as certification, approval, engineering advice, or as having been endorsed by any standards body, council or authority; and
• hold any professional registration, licence and insurance your own use of the Service requires.

Where you supply an output of the Service to a client, builder, certifier or authority, you do so as your own work product and remain solely responsible for it.

3. Accounts and eligibility

You must be at least 18 years old to hold an account. Accounts are created through Sign in with Google and are personal to the individual named on them. You must provide accurate information, keep your account secure, and tell us promptly at Contact@drivewayiq.com.au if you believe your account has been accessed without your authority.

You are responsible for all activity under your account. Accounts must not be shared between individuals; where you need multiple users, each requires their own subscription.

4. Free trial

New accounts receive a free trial of 7 days. No payment details are required to start it, and it does not convert into a paid subscription automatically — at the end of the trial, access to paid features stops until you choose a plan. We may vary or withdraw trials for future customers at any time; doing so does not affect a trial already in progress.

5. Subscriptions, billing and renewal

Paid plans are billed in advance, monthly or annually as selected at checkout, through our payment provider Stripe. We do not receive or store your full card details.

• Automatic renewal. Your subscription renews automatically at the end of each billing period, at the then-current price for your plan, until you cancel.
• Cancelling. You can cancel at any time from your account. Cancellation takes effect at the end of the period you have already paid for; access continues until then and no further payment is taken.
• Price changes. We may change the price of a plan. We will give you at least 30 days notice by email before a change applies to you, and the new price will only apply from your next renewal. If you do not accept it, you may cancel before it takes effect.
• Taxes. Prices are stated in Australian dollars. Where GST applies it is included in the price shown unless stated otherwise.
• Failed payments. If a payment fails we may suspend access to paid features until it is resolved. We will attempt to contact you first.

Refunds. You do not have an automatic right to a refund for a change of mind or for a period you have already paid for. You do have a right to a remedy — which may include a refund — where the Service fails to meet a consumer guarantee under the Australian Consumer Law. Outside that, we consider refund requests on their merits; contact Contact@drivewayiq.com.au.

6. Your data and your drawings

You own your content. As between you and us, you retain all rights in the project data you enter, the profiles you save and the drawings you export (Your Content). We claim no ownership of your designs and we do not use Your Content to promote the Service without your written permission.

You grant us a limited, non-exclusive licence to host, store, copy, transmit and display Your Content strictly to the extent needed to operate the Service for you, to keep backups, and to provide support you request. That licence ends when the content is deleted, subject to the backup retention described in our Privacy Policy.

You are responsible for keeping your own copies of anything you need to retain. The Service is not a records management or archival system, and you should not rely on it as your only copy of a project record.

7. Our intellectual property

We own or license all intellectual property in the Service, including the software, the design engine, the rule packs, the vehicle dataset, the drawing templates, the website and all associated documentation. Subject to these Terms and to your subscription remaining in good standing, we grant you a non-exclusive, non-transferable, revocable licence to use the Service, and to use, modify and distribute drawings you export, for your own projects and those of your clients.

You must not:

• copy, extract, scrape or redistribute the vehicle dataset, the rule packs, or any substantial part of either;
• reverse engineer, decompile or attempt to derive the source of the Service, except to the extent that law permits;
• resell, sublicense, or provide the Service to third parties as a service of your own; or
• use the Service, or its outputs, to build or train a competing product or dataset.

Third-party names, standards designations and trade marks referred to in the Service — including vehicle makes and models, and the titles of standards and codes — are used descriptively to identify the subject matter being assessed. Their use does not imply any sponsorship, affiliation, endorsement or approval by their owners. The sources we draw on and the licences they carry are set out in our Third-Party Notices.

8. Availability, changes and support

We aim to keep the Service available and accurate, but we do not promise uninterrupted or error-free operation. We may perform maintenance, and parts of the Service depend on third parties whose failures are outside our control.

We may add, change or remove features. Where a change materially reduces the functionality of a paid plan, we will give you at least 30 days notice and you may cancel and receive a pro-rata refund of any prepaid period remaining.

Rule packs and vehicle data change. Standards are revised and councils amend their requirements. We update packs as we become aware of changes, but we do not warrant that a pack reflects the current edition of any document, and we do not undertake to notify you that a design previously produced would assess differently under an updated pack. Checking currency for your project is your responsibility.

9. Acceptable use

You must use the Service lawfully and in accordance with our Acceptable Use Policy. We may suspend or terminate access for a serious or repeated breach. Where it is reasonable to do so, we will warn you and give you an opportunity to fix the problem first; where the breach threatens the security, integrity or lawful operation of the Service, or a third party's rights, we may act immediately.

10. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right, warranty or remedy you have under the Australian Consumer Law or any other law, to the extent it cannot lawfully be excluded, restricted or modified.

For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

11. Limitation of liability

This clause is subject to clause 10 and operates only to the extent the law allows.

Where we are liable for a failure to comply with a consumer guarantee in relation to services not ordinarily acquired for personal, domestic or household use or consumption, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again. This limitation does not apply to the guarantees in sections 51, 52 and 53 of the Australian Consumer Law.

Otherwise, and to the maximum extent permitted by law:

• we are not liable for any loss arising from reliance on an output of the Service that has not been independently verified by an appropriately qualified person, as required by clause 2;
• we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of anticipated savings, rework or rectification costs, delay costs, or loss of or damage to reputation; and
• our aggregate liability arising out of or in connection with the Service, on any basis including negligence, is limited to the total amount you paid us for the Service in the twelve months before the event giving rise to the liability.

Our liability is reduced to the extent that your own act or omission, or that of someone acting for you, caused or contributed to the loss.

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for death or personal injury caused by our negligence, or for fraud.

12. Indemnity

You indemnify us against loss we suffer arising from a third-party claim to the extent it is caused by your breach of clause 2 (professional responsibility), clause 7 (our intellectual property), or the Acceptable Use Policy, or by your unlawful use of the Service. This indemnity does not apply to the extent the loss was caused by our own breach, negligence or unlawful act, and it is reduced accordingly. We will notify you promptly of any claim, will not settle it without your consent, and will let you control its defence if you ask.

13. Privacy

We handle personal information in accordance with our Privacy Policy, which explains what we collect, who we disclose it to, that some of those recipients are overseas, and how to access, correct or complain about it.

14. Suspension and termination

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your account if you materially breach these Terms and, where the breach can be fixed, do not fix it within 14 days of us asking you to; if required by law; or if we cease offering the Service.

If we terminate for a reason other than your breach, we will refund any prepaid period remaining. On termination your right to use the Service ends. For 30 days afterwards you may ask us to provide a copy of your saved project data; after that we may delete it in accordance with our Privacy Policy. Clauses 6, 7, 10, 11, 12 and 17 survive termination.

15. Changes to these Terms

We may amend these Terms. For a change that materially affects your rights or obligations we will give you at least 30 days notice by email or in the application before it takes effect, and you may cancel before then if you do not accept it — with a pro-rata refund of any prepaid period remaining. Other changes, such as corrections and clarifications, take effect when published. The date at the top of this page records when it was last changed.

16. Complaints and disputes

If something has gone wrong, contact us first at Contact@drivewayiq.com.au. We will acknowledge your complaint within 5 business days and try to resolve it with you. Both of us agree to attempt to resolve a dispute in good faith before starting proceedings, except where urgent injunctive relief is needed. Nothing here prevents you from contacting a consumer protection agency or exercising a right you have under law.

17. General

These Terms, together with the Disclaimer, Acceptable Use Policy and Privacy Policy, are the entire agreement between us about the Service. If a provision is unenforceable it is severed and the rest continues to apply. A failure to enforce a provision is not a waiver of it. You may not assign this agreement without our consent; we may assign it to a purchaser of the business on notice to you. These Terms are governed by the laws of Queensland, Australia, and each of us submits to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.

18. Contact

DrivewayIQ (ABN 49 582 946 332) — Contact@drivewayiq.com.au, or via our contact page.