Legal

Terms of Service

The agreement for using Invixo — what we owe you, what you are responsible for, and what the numbers this platform computes are and are not.

Draft — not legal advice

This document has not been reviewed by a lawyer. It is a working draft written to be read and corrected, not to be relied on. Have an Australian commercial lawyer review it before it is put in front of a customer, and before any acceptance record points at it. The placeholders marked LIKE THIS are facts only the business owner can supply.

A note on what was asked for, and what is written here

The brief for this document was terms that “take no responsibility for anything”. Written that way, they would be worse than useless in Australia.

The Australian Consumer Law implies statutory guarantees into supplies of goods and services, and those guarantees cannot be excluded by a contract term — section 64 of the ACL makes any term purporting to exclude, restrict or modify them void. A term a court strikes gives no protection at all. Worse, telling a customer they have no rights when the law says they do is itself a breach: a false or misleading representation about the existence or effect of a right, guarantee or remedy, which the ACCC pursues in its own right. And since November 2023, an unfair term in a standard-form small business contract carries a penalty attaching to the term itself — and “we are responsible for nothing” is the archetype of one.

So what follows is the enforceable version of the same intent, and it is genuinely strong: liability limited to resupply wherever the law permits limiting it (clause 10), a hard cap on total liability at the fees paid in the last twelve months (clause 11), a full exclusion of indirect and consequential loss including loss and corruption of data (clause 12), no warranty of availability or fitness (clause 9), and — the clause that matters most for this product — clause 7, which says plainly that every volume, clash, cover check and quantity is computed from data you supplied, is a computational aid, and must be verified by a competent person before anyone builds to it.

Those clauses hold up. The sentence “we take no responsibility for anything” does not.

Version v1.0-draft

Last updated 22 August 2026

Status DRAFT — unreviewed

Governing law Western Australia

1Who this agreement is between

This agreement is between [LEGAL ENTITY NAME] [ABN] of [REGISTERED ADDRESS] (“we”, “us”, “Invixo”) and the organisation that opens an Invixo account (“you”, “the Customer”).

If you accept these terms on behalf of a company, partnership or other organisation, you confirm you are authorised to bind it, and “you” means that organisation.

You can reach us at [CONTACT EMAIL].

2Accepting these terms

You accept these terms when you first sign in to Invixo, or when you or someone in your organisation uses the platform, whichever happens first.

Every version of this document carries a version string and a date, both shown at the top of this page. This is v1.0-draft, dated 22 August 2026. When you accept, we record which version you accepted, so the terms that apply to you are a matter of record rather than memory.

3What Invixo is

Invixo is a hosted platform for construction survey, CAD and GIS work. You upload survey, design and site data; the platform stores it, displays it, and derives things from it — surfaces, sections, measurements, volumes, clash detections, cover checks, quantity schedules, reports and permits.

We provide software. We do not provide surveying services, engineering services, certification, or any other professional service, and nothing in the platform is a professional opinion. Clause 7 explains what that means in practice, and it is the most important clause in this document.

4Your account and your credentials

You are responsible for the accounts in your organisation and for what is done with them. That means:

keeping sign-in details confidential, and not sharing a single account between people;
making sure everyone you give an account to is entitled to see the projects that account can reach;
removing accounts for people who leave, and telling us promptly if you believe an account has been compromised;
the acts and omissions of anyone using your accounts, as if they were your own.

Client viewer invitations work the same way. When you invite a client to view a project, you decide who receives that invitation and what they can see.

We keep an activity log of state-changing actions — who did what, when, from which network address. It is described in the Privacy Policy. It exists so that a change to a project can be traced to an account, which is as much your protection as ours.

5Your data stays yours

You own your data. The survey files, models, point clouds, drawings, documents, photographs and everything derived from them remain yours. We claim no ownership of them and we do not sell them.

You give us a licence to host, copy, transmit, process and display your data only so far as we need to in order to run the platform for you — including generating derived products, thumbnails and backups, and disclosing to the sub-processors named in the Privacy Policy. That licence lasts as long as we hold the data and no longer.

We own the platform itself: the software, the interface, the algorithms and everything we develop. Nothing in these terms transfers that to you. You get the right to use it for the term of the agreement.

On termination you may export your data — see clause 15.

6What you are responsible for uploading

You are responsible for the accuracy, completeness and legality of everything you put into Invixo. In particular:

that you have the right to upload it and to let us process it;
that any personal information in it — names on permits, faces in site photographs, location data in image metadata — was collected lawfully and may be handled the way this platform handles it;
that the survey and design data is what you believe it to be.

You declare the coordinate system. Invixo takes the coordinate reference system, the vertical datum and the units from you, at import. It does not read a datum decision out of a label inside a file, because a label inside a file is metadata written by whoever exported it, not a statement of what the numbers mean. If you declare the wrong one, everything downstream will be consistently, confidently wrong — and it will look right. Check the declaration at import; it is the single most consequential thing you tell this platform.

7Computed output is an aid, not a certification

Invixo computes from the data you give it. Volumes, cut and fill, surface comparisons, clash detections, cover compliance checks, quantity schedules and every other number the platform produces are derived from the models, surfaces, alignments, scans and standards that you supplied and that you configured. The output can only ever be as good as those inputs.

They are computational aids. They are not a substitute for professional judgement, for survey verification, or for the certification of a qualified engineer or licensed surveyor. No output of this platform is a certificate, an approval, a sign-off, a conformance verdict, or a statement that any work complies with any standard, specification, drawing or law.

You must verify any output before relying on it — before it is used for construction, for setout, for a claim, for a compliance decision, or for anything that reaches the ground. Verification means a competent person checking it against the source data and, where the work matters, against reality.

The platform is built on that position deliberately. Where a person declares something — that a lot was placed, that a quantity applies, that a standard governs a layer — Invixo records the declaration; it does not judge it. There is no pass, no fail, no approved and no certified anywhere in this product, because the moment the platform asserted that work conformed, it would be the thing making that assertion, with no test, no surveyor's signature and no superintendent behind it. That is not a limitation we are apologising for. It is the correct design, and it is why the responsibility for the judgement stays with the person qualified to make it.

The same applies to third-party and open data shown in the platform — basemaps, imagery, hydrology, vegetation, native title, survey control marks and the rest. It comes from external custodians, we do not verify it, and it must not be treated as a survey, a search, or a statement of the position of anything on the ground.

Nothing in this clause limits any right you have under clause 10.

8Acceptable use, and suspension

You must not use Invixo to break the law, to infringe anyone's rights, to store material you have no right to store, to attack or interfere with the platform or anyone else's use of it, to attempt to access data belonging to another customer, or to reverse-engineer, resell or white-label the service without our written agreement.

We may suspend an account, a user, or access to the platform where we reasonably believe it is being misused, where an account has been compromised, where suspension is necessary to protect the platform or other customers, or where fees are overdue and remain unpaid after we have asked for them. We will tell you why, and we will restore access once the cause is resolved. Suspension is not termination; clause 15 covers that.

9The service is provided as is

To the extent the law permits, and subject always to clause 10, Invixo is provided “as is” and “as available”. We do not warrant that:

the platform will be available at any particular time, or uninterrupted, or free of error;
it is fit for any particular purpose you have in mind, or will meet any requirement not written into this agreement;
any defect will be corrected, or corrected within any period;
data will never be lost or corrupted — keep your own copies of anything you cannot afford to lose. We take backups for our own operational purposes; they are not a backup service for you, and we do not guarantee that any particular file can be recovered from them.

We may change, add to or withdraw features. Where a change would materially reduce the platform's core function we will give you reasonable notice — [NOTICE PERIOD].

Planned maintenance may take the platform offline. We will give notice where we reasonably can.

10Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any right or remedy you have that cannot lawfully be excluded, restricted or modified — including the consumer guarantees implied by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). If any part of this agreement would do that, it does not apply to that extent, and the rest of the agreement stands.

Where the ACL applies to our supply, and the law permits us to limit our liability for failing to comply with a guarantee, our liability is limited, at our option, to:

supplying the services again; or
paying the cost of having the services supplied again.

That limitation does not apply where the goods or services are of a kind ordinarily acquired for personal, domestic or household use or consumption, or where the law otherwise does not permit it.

We say this plainly rather than burying it, because a term that pretends the ACL does not exist is void anyway, and telling you that you have no rights when you do is itself unlawful.

11Limit on our total liability

Subject to clause 10, and to the extent the law permits, our total aggregate liability to you — under this agreement, in negligence, in equity, under statute or on any other basis, for all claims taken together — is limited to the total fees you actually paid us for the platform in the twelve months immediately before the event giving rise to the claim.

If we have supplied the platform to you free of charge, or you had paid nothing in those twelve months, that limit is [NOMINAL SUM — e.g. AUD $100].

This cap applies once across all claims, not once per claim.

12Loss we are not liable for

Subject to clause 10, and to the extent the law permits, we are not liable for any indirect, consequential, special or incidental loss, and we are not liable — whether the loss is direct or indirect — for:

loss of profit or anticipated profit;
loss of revenue;
loss of contract, or loss of an opportunity to enter one;
loss of goodwill or reputation;
business interruption, delay, standing time, or the cost of rework;
liquidated damages or other amounts you owe someone else;
loss of, damage to, or corruption of data, and the cost of restoring or recreating it.

This applies however the loss arises, and whether or not we were told it was possible.

Neither party is liable for a failure to perform caused by something genuinely outside its reasonable control, for as long as that thing lasts.

13Your indemnity to us

You indemnify us against loss we suffer arising from your breach of clause 6 (what you upload) or clause 8 (acceptable use), and from any claim by a third party that your data infringes their rights or was handled unlawfully. This does not apply to the extent the loss was caused by our own breach or negligence.

14Fees

Fees, the billing period and payment terms are [FEES AND BILLING TERMS]. Fees are in Australian dollars and exclusive of GST unless stated otherwise.

We may change fees on [NOTICE PERIOD] notice, taking effect at your next renewal. If you do not accept a change you may terminate under clause 15 before it takes effect.

15Ending the agreement

You may terminate at any time by giving us [NOTICE PERIOD] written notice. Fees already paid are not refundable except where the ACL requires a refund.

We may terminate on [NOTICE PERIOD] written notice, or immediately if you materially breach this agreement and do not fix it within [CURE PERIOD] of being asked, or if you become insolvent.

Getting your data out. For [EXPORT WINDOW — e.g. 30 days] after termination we will keep your data available for export and will give you reasonable help to retrieve it. After that window we may delete it. Ask before you need it, not after.

Some records outlive the account: audit records and permit records are retained as described in the Privacy Policy, because they are compliance records and deleting them would destroy the trail they exist to preserve.

Clauses 5, 7, 10, 11, 12, 13, 16 and 18 survive termination.

16Confidentiality

Each of us will keep the other's confidential information confidential, use it only for this agreement, and protect it at least as carefully as our own. This does not cover information that is already public, that we knew before, or that we are required by law to disclose — and if we are compelled to disclose yours, we will tell you where we lawfully can.

17Changes to these terms

We may update these terms. The version string and date at the top change with them, and we will tell you about material changes at least [NOTICE PERIOD] before they take effect. Continuing to use the platform after that means you accept the new version; if you do not, you may terminate under clause 15.

We do not apply a change retrospectively to something that already happened.

18Governing law

This agreement is governed by the laws of Western Australia. Both of us submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts that hear appeals from them.

Before starting proceedings, each of us will first tell the other in writing what the dispute is about and give a genuine opportunity to resolve it. That does not stop either of us seeking urgent relief.

19General

This agreement, together with the Privacy Policy, is the whole agreement between us about the platform. If a provision is unenforceable it is severed and the rest continues. A failure to enforce a right is not a waiver of it. You may not assign this agreement without our written consent, which we will not unreasonably withhold. Notices to you may be sent to the email address on your account; notices to us go to [CONTACT EMAIL]. Nothing here creates a partnership, joint venture or employment relationship.

20Definitions

ACL means the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth). Your data means everything you or your users upload to the platform, and everything the platform derives from it for you. The platform means Invixo, including its interface, software and services. Output means anything the platform computes, displays, exports or reports.

*Notes for the reviewing lawyer

Open questions this draft deliberately does not decide:

Whether the ACL "consumer" threshold catches these supplies — the value test and the "ordinarily acquired for personal, domestic or household use" test both bear on whether the clause 10 limitation is available.
Whether the standard-form small business contract regime applies to the customer base, and whether clauses 9, 11, 12 and 13 would survive an unfair-terms review in that setting. Clause 13's indemnity and the unilateral change right in clause 17 are the usual candidates.
Whether the clause 11 cap should be higher, or carve out death, personal injury, fraud, wilful misconduct and breach of confidentiality — most Australian commercial drafting does.
Whether clause 7 should be reinforced by a positive customer obligation to have a qualified person verify output, rather than a statement that the customer is responsible for doing so.
Professional indemnity and public liability insurance: whether the business carries it, and whether these terms should say so.
Whether an SLA is offered at all. This draft deliberately promises no uptime, matching the Support page's rule against quoting a response time nobody has agreed to.

Invixo — Terms of Service · v1.0-draft · 22 August 2026 · DRAFT, not legal advice.
See also the Privacy Policy and the Support page.