Terms of service

By creating an account, clicking "I Agree," or using TakeoffQS (the "Service"), you agree to be bound by these Terms.

You represent and warrant that you are "in trade" (as defined in the Consumer Guarantees Act 1993) and that you are acquiring the Service for the purposes of a business (such as quantity surveying, building, or construction estimation) and not as a consumer.

TakeoffQS is an AI-powered estimation aid that extracts quantities from uploaded plan files, provides exports for estimation workflows, and facilitates connections with material suppliers.

The Service provides automated outputs for review. It is not a substitute for a Quantity Surveyor, Engineer, or Architect. The Service does not create Producer Statements (PS1–PS4) or any compliance certificate under the Building Act 2004.

The Service is NOT capable of performing bracing calculations under NZS 3604 or any other standard. Any output that resembles a bracing element is for indicative quantification only. You must manually calculate bracing to meet NZS 3604. The Service explicitly excludes the calculation of Lintels, Engineering Loads, and Specific Engineering Design (SED) elements.

You acknowledge that the Service displays in-product notices about scope limitations and the probabilistic nature of AI outputs. You remain responsible for verifying all outputs against site conditions and official plans before relying on them.

Pricing is displayed at checkout. Fees are payable in advance via Stripe.

The Service (data extraction) is consumed immediately upon processing. Fees are non-refundable once the takeoff process has commenced.

If a file fails processing due to a confirmed technical system error and no export is produced, contact support within 7 days. We may provide a credit or refund at our sole discretion.

For subscription or recurring billing services, we will provide at least 30 days’ notice via email or in-app notification before any price increase takes effect.

The parties agree that the Service is supplied and acquired in trade for business purposes, and the provisions of the Consumer Guarantees Act 1993 do not apply.

The parties agree that they are both in trade, that these Terms concern a supply in trade, and that it is fair and reasonable for them to contract out of sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 to the maximum extent permitted by section 5D of that Act. This clause does not apply where contracting out is not lawful and does not restrict the powers of any regulatory authority.

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. Where section 64A of the Australian Consumer Law permits liability for a failure to comply with a consumer guarantee concerning services to be limited, our liability is limited, at our option, to supplying the affected services again or paying the reasonable cost of having them supplied again. This limitation applies only to the extent it is fair, reasonable and lawful to rely on it.

You must be at least 18 years old and have the authority to bind your organisation.

You will not: (a) overload systems; or (b) use the Service for unlawful content. Restrictions on third-party access, bulk extraction, model training, competing development, reverse engineering, and benchmarking are set out in clause 6 (Use of the Service).

You must have the rights and permissions needed to provide Customer Data to TakeoffQS and to allow us, and service providers acting on our behalf, to use it in accordance with these Terms. This includes using Customer Data to provide and improve the Service and to create and use Approved Training Data and Derived Data as described in clause 8. If a third party makes a claim because you did not have those rights or permissions, you will reimburse TakeoffQS for the reasonable losses, liabilities and costs resulting from that claim. You will not be responsible to the extent the claim results from TakeoffQS using Customer Data outside these Terms.

TakeoffQS operates a notice and takedown process for alleged IP infringement. We may remove or disable access to affected content while a claim is assessed.

We may suspend processing where we reasonably believe content is unlawful or violates these Terms.

You may use the Service and Customer Outputs for your estimating, quoting and procurement operations, including preparing and providing estimates, quotes, material schedules, reports and procurement information to your customers, builders, suppliers, contractors and professional advisers in the ordinary course of your business.

You must not make account credentials, authorised-user seats, non-public Service interfaces or API credentials available to an unauthorised person, or sell, resell or sublicense access to the Service, without TakeoffQS’s prior written consent. Sharing Customer Outputs for a purpose permitted by clause 6.1 does not give the recipient access to the Service. You must not give a provider of a Competing Product access to a non-public Service interface, account, API or recording for the purpose of extracting information from, reverse engineering, benchmarking or developing a Competing Product. This does not prevent a person associated with a Competing Product from receiving an ordinary Customer Output as your customer, supplier, contractor or professional adviser, provided that person does not receive it for a prohibited purpose.

You must not: (a) use automated means to access, query or extract information from the Service, except through functionality, APIs and integrations provided or approved by TakeoffQS; (b) systematically extract or compile Customer Outputs other than as reasonably required for your estimating, quoting, procurement, integration, backup, audit and legal-recordkeeping activities; or (c) use Customer Outputs or non-public information derived from the Service to train, fine-tune, evaluate or benchmark a machine-learning model without TakeoffQS’s written consent. Clause 6.3(c) does not restrict your use of Customer Data that you owned or lawfully controlled independently of the Service and that has not been augmented with Customer Outputs.

You must not access or use the Service, Customer Outputs or TakeoffQS Confidential Information to design, develop, train or market a Competing Product. This clause does not restrict independently developed products, tools or services created without use of the Service, Customer Outputs or TakeoffQS Confidential Information. It also does not prevent you from operating your business, using ordinary internal tools and spreadsheets, or evaluating or purchasing another product, subject to clauses 6.3 and 6.6.

You must not copy, adapt, modify, translate, reverse engineer, decompile or disassemble the Service except to the extent permitted by sections 80A or 80B of the Copyright Act 1994 and protected from contractual restriction by section 80D, or otherwise to the extent the restriction cannot lawfully be excluded.

You must not publicly publish a performance benchmark, accuracy assessment or comparative evaluation of the Service unless you first give TakeoffQS a reasonable opportunity to review the methodology and results for material factual or methodological errors. This clause does not prevent internal evaluations, disclosures to professional advisers, auditors, insurers or regulators under appropriate confidentiality obligations, disclosures required by law, or accurate and fairly presented statements that do not disclose TakeoffQS Confidential Information.

"Customer Output" means measurements, quantities, annotations, schedules, estimates, reports, exports and other output generated by the Service from Customer Data, excluding the Service itself, TakeoffQS models and non-public Service technology. "Competing Product" means software or a service whose principal function is automated or semi-automated takeoff, material quantification or estimating from construction drawings.

The Service, including its "look and feel", text, graphics, software, and other materials, is the property of BuildFoundry Limited or its licensors.

No rights are granted to you other than as expressly set forth in these Terms.

You retain ownership of the plan files, annotations, corrections, comments, commercial data and other information you provide to the Service ("Customer Data").

You grant TakeoffQS a worldwide, non-exclusive and royalty-free licence during your subscription and any applicable return, deletion, legal-retention or backup period to host, store, copy, process, display, analyse, transform and transmit Customer Data to provide, secure, support and administer the Service. TakeoffQS may permit contracted service providers to exercise those rights solely on its behalf and subject to appropriate confidentiality, security and privacy protections.

You grant TakeoffQS a worldwide, non-exclusive, royalty-free and perpetual licence, subject to applicable privacy law and any separate written agreement with you, to: (a) use Customer Data during the period in which TakeoffQS is permitted to process it to create Approved Training Data and Derived Data; and (b) retain and use Approved Training Data and Derived Data to train, test, validate, evaluate, develop and improve TakeoffQS machine-learning, computer-vision and workflow models, the Service and related features. The rights in clause 8.3(b) survive termination.

Approved Training Data may include uploaded drawings and representations or portions of them, including rasterised pages, image crops and technical features extracted from drawings, together with annotations, corrections, confirmations and feedback provided by users. Our focus is the technical content of drawings, including geometry, dimensions, spatial relationships, structures, symbols, annotations, layouts, material types and descriptions, specifications, brands and product references, quantities, measurements, relationships between those items and user corrections—not the identity of the customer or anyone named in a drawing. Personal information may be processed incidentally where it appears within a drawing, but we do not intentionally select or label personal information for training purposes or use it to identify or profile individuals.

Customer-specific commercial information—such as price books, rates, costs, margins, discounts, supplier terms and quoted prices—may be processed where necessary to provide the Service or where it appears within Customer Data. We do not intentionally use that information to train models used across customers unless the Customer agrees, or the use is clearly disclosed as part of a feature the Customer chooses to use.

TakeoffQS may use technical, product and quantitative information contained in or derived from Customer Data—including material descriptions, specifications, product references, quantities, measurements and user corrections—to operate, evaluate, develop and improve the Service and related features. TakeoffQS may create de-identified datasets and aggregated statistics, benchmarks and insights from this information for analytics and commercial purposes ("Business Intelligence"), provided those datasets and outputs do not reasonably identify the Customer, a project, a site or any individual.

As between the parties: (a) you retain ownership of Customer Data; (b) TakeoffQS owns the Derived Data, Business Intelligence, model parameters, model improvements and other technology it creates, without acquiring ownership of the underlying Customer Data; and (c) TakeoffQS will not make one customer’s original plan files or a substantial reproduction of them available to another customer or use training data to recreate another customer’s project.

"Approved Training Data" means Customer Data, or representations or portions of Customer Data, that TakeoffQS is permitted under these Terms and any applicable separate written agreement to use for model development. "Derived Data" means technical information, features, relationships, statistics, patterns, insights, model parameters and other information derived from Customer Data that does not reasonably identify the Customer, a project, a site or an individual and does not reproduce Customer Data in substantially its original form. "Business Intelligence" has the meaning given in clause 8.6.

We collect and process personal information as described in our Privacy Policy.

TakeoffQS currently hosts its primary production database and document storage in Australia. Customer Data may also be processed in other locations by our service providers, as described in our Privacy Policy. We may change our hosting arrangements, subject to applicable law and any data-residency commitments expressly agreed with you. We require appropriate confidentiality, security and privacy protections from service providers. Where an overseas transfer is legally treated as a disclosure, TakeoffQS will use an appropriate lawful transfer mechanism.

TakeoffQS uses contracted service providers for hosting, infrastructure, authentication, payments, communications, monitoring, analytics and AI processing. Some providers may process information outside New Zealand or Australia. Further information about relevant providers, processing purposes and locations is available in our Privacy Policy.

"Confidential Information" means non-public information disclosed by one party to the other that is identified as confidential or that a reasonable person would understand to be confidential. Customer Data is the Customer’s Confidential Information. Non-public information about the Service, its models, technology, security and performance is TakeoffQS Confidential Information.

Each party will: (a) use the other party’s Confidential Information only to exercise its rights and perform its obligations under these Terms; (b) protect it using reasonable safeguards; and (c) disclose it only to personnel, professional advisers and contracted service providers who need it for those purposes and are subject to appropriate confidentiality obligations.

Confidential Information does not include information that the receiving party can demonstrate: (a) is or becomes public without breach of these Terms; (b) was lawfully known to it without a confidentiality obligation; (c) is independently developed without use of the other party’s Confidential Information; or (d) is lawfully received from another person without a confidentiality obligation.

A party may disclose Confidential Information where required by law, regulation or court order. Where lawful and reasonably practicable, it will first notify the other party.

TakeoffQS’s use of Customer Data as expressly permitted by clause 8 is an authorised use under these Terms and is not a breach of this clause.

We use commercially reasonable efforts to maintain availability. Pre-release features are provided "as is" and may be withdrawn at any time.

The Service is provided "AS IS". To the maximum extent permitted by law, we disclaim all warranties, express or implied.

You acknowledge that the Service uses probabilistic AI which is non-deterministic and may produce different results for the same input or generate plausible but incorrect data. The Service is an estimation aid only; TakeoffQS does not warrant that output is complete, accurate, or free from error. You assume sole responsibility for verifying all output.

To the maximum extent permitted by law, our total aggregate liability to you will not exceed the total fees actually paid by you to TakeoffQS in the 12 months immediately preceding the event giving rise to the claim.

We are not liable for any indirect, special, incidental, or consequential loss, including cost overruns, ordering errors, construction delays, loss of profits, or remedial construction costs.

You may stop using the Service at any time. We may suspend access immediately if you breach these Terms or as permitted by sections 5.4 and 5.5.

On termination or expiry: (a) your right to access the Service ends; (b) each party remains liable for obligations and breaches arising before termination; (c) Customer Data will be handled in accordance with these Terms and the Privacy Policy; and (d) termination does not require TakeoffQS to delete Approved Training Data, Derived Data, Business Intelligence or model improvements lawfully created before termination, subject always to applicable privacy law and any separate written agreement.

Clauses 5.3, 6.3 to 6.6, 7, 8.3 to 8.8, 10, 12, 13, 14.2, 14.3, 15, 16 and any provision which by its nature is intended to survive will survive termination or expiry. Clauses 6.3 to 6.6 survive only in relation to Customer Outputs and information obtained before termination. Clause 10 survives for five years, except that obligations concerning trade secrets survive while the information remains a trade secret and obligations concerning personal information continue for as long as required by law.

These Terms are governed by New Zealand law. The parties submit to the exclusive jurisdiction of the courts of New Zealand.

Before filing any claim, a party must provide written notice of the dispute and attempt to resolve it in good faith for at least 14 days.

If the dispute remains unresolved, the parties agree to explore mediation with a mutually agreed mediator in New Zealand before commencing litigation.

TakeoffQS may amend these Terms where reasonably necessary to comply with law, address security or misuse, reflect changes to the Service, or clarify the parties’ rights and obligations.

TakeoffQS will give the account administrator at least 30 days’ advance email or in-Service notice of a material change, unless an earlier change is reasonably required by law or to address an urgent security risk. The notice will describe the material change and its effective date.

A change will not apply retrospectively. If a material change adversely affects you and you do not agree to it, you may terminate before it takes effect and receive any refund required by law or an applicable separate agreement.

Continued use after the effective date constitutes acceptance only where notice was provided under clause 17.2. TakeoffQS will obtain affirmative acceptance for a material change to clause 6, clause 8, the liability provisions or the dispute and jurisdiction provisions.

If you and TakeoffQS have entered into a separate written agreement governing your use of the Service, that agreement will prevail to the extent of any inconsistency with these Terms.

If any provision is illegal, invalid or unenforceable, it will be read down to the minimum extent necessary and, if that is not possible, severed without affecting the remaining provisions.