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 to contract out of sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986.

If you are in Australia, you confirm you acquire the Service for business purposes. To the maximum extent permitted by law, any non-excludable guarantees are limited to the cost of re-supplying the Service.

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

You will not: (a) reverse engineer the Service; (b) create derivative works; (c) copy features or graphics; (d) access the Service to build a competitive product; (e) overload systems; or (f) use the Service for unlawful content.

You warrant that you have all necessary rights to upload the plan files. You will indemnify TakeoffQS against claims alleging that your content infringes third-party intellectual property or confidentiality.

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.

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 specific plan files and annotations you upload ("Customer Data").

You grant TakeoffQS a worldwide, non-exclusive, royalty-free, perpetual licence to use Customer Data to (a) provide and support the Service; (b) train and improve ML models (Service Improvement); and (c) create de-identified and aggregated datasets for analytics and commercial purposes (Business Intelligence). The licence survives termination.

TakeoffQS owns all rights in aggregated and de-identified data that does not reasonably identify you, your end users, or any individual.

We may use your company name, logo, and trade marks in customer lists, marketing materials, or case studies only with your prior written approval.

If you provide feedback, suggestions, or feature requests, you assign to TakeoffQS all rights in such feedback.

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

Primary storage of Customer content is in New Zealand or Australia. Providing the Service requires processing data via third-party AI providers (e.g., LLM APIs) which may be located in other jurisdictions, including the United States. You consent to the transfer of your data to these jurisdictions for the sole purpose of providing the Service.

We use contracted service providers for hosting (e.g., AWS/Azure) and payments (Stripe).

Both parties agree to protect confidential information using reasonable safeguards.

We use commercially reasonable efforts to maintain availability. Beta 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.

These Terms are governed by New Zealand law. The parties submit to the non-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.