Terms of Service

Clarus Studio provides software tools, calculators, diagrams, reports, estimates, design aids, automation, artificial intelligence-assisted features, workflow tools and related outputs to assist with engineering, building services, hydraulic, plumbing, drainage, stormwater, gas and other design-related workflows.

Clarus Studio is intended primarily for business, trade and professional use by engineers, hydraulic consultants, designers, plumbers, builders, contractors, estimators, developers and other competent users.

Clarus Studio may also be accessed by users who are not qualified engineers, licensed practitioners or registered professionals. However, no person must rely on any output generated by Clarus Studio for design, installation, construction, certification, authority submission, regulatory compliance, safety-critical decisions, professional advice or project decision-making unless that output has first been reviewed, checked and accepted by an appropriately qualified professional, licensed person, registered practitioner or competent person who has accepted the relevant design rationale, inputs, assumptions, limitations, methodology, standards, site conditions, project requirements and intended use.

Clarus Studio does not replace professional judgment, engineering review, site investigation, authority consultation, regulatory approval, certification, construction review or compliance checking by an appropriately qualified person.

You remain responsible for all decisions, designs, submissions, reports, construction work, installation work, professional advice and project outcomes that use, incorporate, refer to or rely on Clarus Studio or any output generated by Clarus Studio.

In these Terms, unless the context requires otherwise:

Account means an account created to access or use Clarus Studio.

Account Holder means the person or organisation that creates, controls, pays for or administers an Account or subscription.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Beta Features means any feature, calculator, module, output, workflow, interface, data source, artificial intelligence function, automation, integration or other part of Clarus Studio that is described as beta, preview, early access, trial, experimental, MVP, limited release, under development or similar, or which is made available before full commercial release.

Calculation Output has the meaning given in clause 8.

Clarus Studio, we, us or our means Clarus Studio Pty Ltd ACN 696 626 374 ABN 45 696 626 374.

Confidential Information means information that is confidential by nature, marked as confidential, or which a reasonable person would understand to be confidential, including technical, financial, commercial, operational, project, design, software, calculation, pricing, customer, business and product information.

Customer Data means any data, information, file, drawing, document, PDF, image, markup, note, text, input, selection, project information, calculation record, export, report, design information or other material submitted, uploaded, entered, generated, stored, processed or made available by you or on your behalf through Clarus Studio.

Fees means the subscription fees, licence fees, usage fees or other amounts payable for access to or use of Clarus Studio.

Intellectual Property Rights means all present and future rights in copyright, trade marks, designs, patents, inventions, domain names, business names, trade secrets, know-how, confidential information, software, databases, source code, object code, algorithms, formulae, calculation methods, workflows, documentation, user interfaces, data structures and all other intellectual property rights, whether registered or unregistered.

Plan means the subscription plan, trial plan, free plan, enterprise plan or other access arrangement applicable to your Account.

Professional Use means use in connection with any design, engineering, construction, consulting, trade, tendering, estimating, certification, authority submission, client submission, regulatory, commercial, business, safety-related or project activity.

Software means the Clarus Studio website, platform, application, calculators, modules, APIs, interfaces, diagrams, reports, design aids, workflows, exports, databases, calculation tools, artificial intelligence functions, automations and related services.

Terms means these Terms of Service, together with any policies, notices, plans, order forms or other documents incorporated by reference.

User, you or your means the person accessing or using Clarus Studio, and where applicable includes the Account Holder or organisation on whose behalf the person accesses or uses Clarus Studio.

You accept these Terms when you:

• create an Account;
• start a free trial;
• subscribe to a paid Plan;
• click or tick an acceptance box;
• access or use Clarus Studio;
• use any calculator, module, project space, workflow or feature;
• generate, save, export, issue or rely on a Calculation Output;
• invite another person to use Clarus Studio; or
• otherwise indicate acceptance of these Terms.

If you use Clarus Studio on behalf of a company, partnership, trust, government body, firm, employer, client or other organisation, you represent and warrant that you have authority to bind that organisation to these Terms. In that case, references to "you" include both you personally and the relevant organisation.

If you do not have that authority, you must not use Clarus Studio on behalf of that organisation.

We may update these Terms from time to time.

If we make changes that are not material, we may notify you by posting the updated Terms on our website or within the Software.

If we make material changes that materially affect your rights or obligations, we will take reasonable steps to provide notice, such as by email, in-app notice or website notice. Unless a shorter period is required for legal, security, operational or regulatory reasons, material changes will generally take effect at least 30 days after notice is given.

Your continued use of Clarus Studio after the updated Terms take effect constitutes acceptance of the updated Terms.

If you do not agree to updated Terms, you must stop using Clarus Studio and may cancel your subscription in accordance with these Terms.

These Terms incorporate by reference any policies, guidelines, technical notes, pricing terms, acceptable use rules, privacy notices, security notices, support terms, order forms, enterprise agreements or calculator-specific terms published by us or otherwise agreed in writing.

This includes, where applicable:

• our Privacy Policy;
• any calculator methodology, assumption, limitation or technical guidance;
• any Plan or pricing terms;
• any acceptable use policy;
• any support policy;
• any data processing, security or privacy terms; and
• any signed enterprise, purchase or order agreement.

If there is inconsistency between these Terms and a separate written agreement signed by Clarus Studio and an Account Holder, the signed agreement prevails to the extent of the inconsistency.

You may need to create an Account to access Clarus Studio.

You must provide accurate, complete and current information when creating and maintaining your Account.

Clarus Studio provides software tools, calculators, diagrams, reports, tables, estimates, design aids and related outputs to assist with building services, hydraulic, stormwater, gas, drainage, plumbing and other engineering-related calculations and workflows.

You acknowledge and agree that the Software is intended to assist users and must not be treated as a substitute for professional engineering judgment, project-specific design review, certification, regulatory approval, site investigation, authority consultation, or compliance checking by an appropriately qualified person.

Any calculation, recommendation, diagram, table, report, export, result, warning, validation message or other output generated by the Software is a Calculation Output.

Calculation Outputs depend on, among other things:

• the information, values, selections, files, drawings and assumptions entered or selected by you;
• the calculator, module, design mode, jurisdiction, standard, material, fixture type, pipe type, system type, safety factor, coefficient, default setting or design option selected or applied;
• the calculation method, formula, lookup table, data source, internal logic, rounding rule, conversion method, default value, interpolation method, limitation, tolerance or exclusion used by the Software;
• the accuracy, completeness, currency and suitability of Customer Data;
• project-specific conditions, site conditions, installation conditions, authority requirements and professional judgments that may not be known to, captured by or reflected in the Software; and
• the version of the Software, calculator logic, data library or methodology in use at the time the Calculation Output is generated.

Clarus Studio may, from time to time, publish, display or make available calculation methodologies, assumptions, limitations, exclusions, source references, default values, formula notes, design notes or technical guidance for particular calculators or modules. These may be provided within the Software, on our website, in help documentation, in export notes, by written notice, through our support email, through our website contact form, or by another method we consider appropriate.

Where a calculation methodology, assumption, limitation or technical note is not published, not displayed in the Software, not included in an export, or not otherwise readily available to you, you acknowledge that the Software may still apply internal methodologies, assumptions, design rules, data tables, default values, tolerances, rounding rules, exclusions and limitations.

If you require details of any calculation method, assumption, limitation, exclusion, default value, formula, standard reference, source data, design rule or technical basis before using, relying on, issuing, submitting, certifying, constructing from, or otherwise acting on a Calculation Output, you must request those details from Clarus Studio through our support email address or website contact form before doing so.

You must not rely on a Calculation Output unless you have reviewed the relevant inputs, assumptions, limitations and methodology to the extent necessary for your intended use and are satisfied that the Calculation Output is suitable for the relevant project, jurisdiction, design standard, authority requirement, site condition and professional purpose.

You acknowledge that engineering, plumbing, hydraulic, gas, drainage, stormwater and building services design can involve safety-critical, regulatory, technical and site-specific considerations.

If you are not appropriately qualified, licensed, registered or competent to assess a Calculation Output, you must obtain review and acceptance from an appropriately qualified professional before relying on the Calculation Output for any Professional Use.

This applies to, without limitation:

• water pipe sizing;
• hot water and cold water design;
• gas pipe sizing;
• stormwater design;
• drainage calculations;
• pit sizing;
• invert level calculations;
• pump duty estimates;
• fixture loading calculations;
• loading unit take-offs;
• authority submissions;
• design reports;
• construction documentation;
• installation works;
• compliance checking;
• tendering;
• certification;
• inspections; and
• any other engineering, plumbing, hydraulic, gas, stormwater, drainage, construction or design-related use.

You must not represent that Clarus Studio has certified, approved, endorsed, reviewed or accepted your design unless we have expressly agreed in writing.

You must not use Clarus Studio in any way that creates the impression that Clarus Studio is acting as the engineer, designer, certifier, regulator, authority, licensed practitioner, contractor, builder, consultant or professional adviser for your project.

Clarus Studio is primarily developed with reference to Australian engineering practice and, where applicable, Australian standards, codes, guides, authority requirements and industry practice.

However, the Software may not include, reflect, interpret or apply all laws, standards, codes, amendments, local authority requirements, project specifications, site constraints, product requirements, manufacturer instructions or professional obligations relevant to your project.

You are responsible for determining which laws, standards, codes, authority requirements, specifications and site conditions apply to your project.

If Clarus Studio allows you to select a jurisdiction, standard, material, design mode or calculator setting, that selection does not guarantee that the Calculation Output is compliant with that jurisdiction, standard, authority requirement or project requirement.

We may add support for other jurisdictions, standards or calculation methods in the future. Unless expressly stated in writing, no calculator or module should be treated as covering all requirements for any jurisdiction.

You acknowledge that Clarus Studio is an early-stage software product and may include MVP, beta, preview, experimental, incomplete, limited or evolving features.

Beta Features and early-stage features may:

• be incomplete, inaccurate or limited;
• contain bugs, errors, omissions, defects or incorrect logic;
• produce incomplete, inaccurate, unsuitable or unexpected outputs;
• be based on incomplete or evolving data libraries, formulas, workflows, assumptions, methods, standards or validation logic;
• change without notice;
• be unavailable, interrupted, removed, restricted or discontinued;
• not include all warnings, validations, edge cases, methods, assumptions, standards or limitations required for your intended use;
• not reflect all applicable laws, codes, standards, authority requirements, site conditions or project requirements;
• not be suitable for Professional Use without independent review; and
• require additional checking, verification, professional judgment and risk assessment.

You must apply particular caution when using any Beta Feature or early-stage feature.

You must not rely on Beta Features or early-stage features as the sole basis for design, construction, installation, certification, regulatory compliance, authority submission, safety-critical decisions, professional advice or commercial decisions.

We may change, suspend, restrict, remove, rename, rebuild, replace or discontinue any Beta Feature or early-stage feature at any time.

Clarus Studio may use artificial intelligence, machine learning, automation, computer vision, language models, rule-based systems, algorithms, third-party AI services, data extraction tools, drawing recognition, fixture detection, document analysis, recommendation systems or other automated functionality.

AI-assisted and automated features may be used to:

• process user inputs;
• analyse drawings, PDFs, images or project data;
• assist with fixture detection, loading units, take-offs or design workflows;
• generate suggestions, summaries, checks, warnings or recommendations;
• generate or assist with Calculation Outputs;
• improve product functionality;
• identify errors, inconsistencies or missing information;
• support customer assistance; and
• develop or improve Clarus Studio.

You acknowledge that AI-assisted and automated outputs may be incomplete, inaccurate, misleading, unsuitable, non-compliant or wrong.

You must independently review, verify and accept any AI-assisted or automated output before relying on it.

Clarus Studio does not warrant that any AI-assisted or automated output is accurate, complete, compliant, safe, suitable, current, reliable or fit for your intended purpose.

You are responsible for ensuring that any use of AI-assisted outputs complies with applicable laws, professional obligations, confidentiality obligations, privacy obligations, client requirements, project requirements and authority requirements.

You must not upload or process information through AI-assisted functionality unless you have the rights, consents and authority required to do so.

Subject to these Terms and payment of applicable Fees, you may use Calculation Outputs and reports generated by Clarus Studio:

• for your internal business purposes;
• for project records;
• for design review;
• for client submissions;
• for authority submissions;
• for tender packages;
• for engineering reports;
• for construction documentation;
• for installation planning;
• for coordination;
• for estimating; and
• for other ordinary professional, trade, project or business purposes.

Subject to these Terms and payment of applicable Fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use Clarus Studio for your internal business, professional, trade, project or personal purposes in accordance with your Plan.

You must not, directly or indirectly:

• copy, reproduce, modify, adapt, translate, create derivative works of, resell, commercialise, frame, mirror or otherwise exploit the Software or any part of it, except as expressly permitted by these Terms;
• reverse engineer, decompile, disassemble, decrypt, reconstruct, derive, inspect or otherwise attempt to discover the source code, object code, underlying structure, ideas, know-how, algorithms, formulas, calculation logic, workflows, models, data structures, data libraries, methods, architecture or internal operation of the Software, except to the extent such restriction is prohibited by law;
• access or use the Software to build, train, improve, benchmark, validate, test, market or support any competing product, service, calculator, software tool, artificial intelligence system, automation workflow, data library or commercial offering;
• scrape, harvest, extract, download, copy or compile substantial parts of the Software, databases, calculation methods, user interface, data libraries, outputs, templates, reports, assumptions, workflows, formulas, methods or technical documentation, except as expressly permitted by these Terms;
• use the Software to provide bureau, outsourcing, white-label, resale, managed-service, timesharing, platform-sharing, software-as-a-service, consulting platform or similar services to third parties, except to the extent your Plan or a separate written agreement expressly permits it;
• sublicense, rent, lease, lend, sell, assign, distribute, transfer or make the Software available to any person other than authorised users permitted by your Plan;
• bypass, disable, interfere with or circumvent access controls, usage limits, subscription controls, rate limits, security measures, authentication systems or technical restrictions;
• interfere with, disrupt, degrade, overload or impair the Software, our systems, our service providers, other users or any related network;
• introduce malware, vulnerabilities, malicious code, harmful material, automated abuse, denial-of-service activity or security threats;
• use bots, scripts, crawlers, scrapers, automated tools or other non-human access methods except as expressly permitted by us in writing;
• remove, obscure, alter or interfere with proprietary notices, disclaimers, labels, trade marks, copyright notices, version references, calculation notes or warning statements;
• use the Software for unlawful, fraudulent, misleading, unsafe, offensive, harmful or non-compliant purposes;
• use the Software in breach of export controls, sanctions, privacy laws, intellectual property laws, professional obligations, confidentiality obligations, client obligations or applicable laws;
• access or use the Software after your licence, subscription or Account has expired, been cancelled, been suspended or been terminated;
• attempt to gain unauthorised access to any account, system, database, source code, model, data, network, infrastructure or other part of Clarus Studio; or
• encourage, assist, permit or enable any other person to do any of the above.

For clarity, the service bureau restriction above does not prevent you from using Calculation Outputs for ordinary professional, trade, project, client, authority, tender, construction, installation or internal business purposes as permitted by these Terms.

As between you and Clarus Studio, you retain ownership of your Customer Data.

Nothing in these Terms transfers ownership of your Customer Data to Clarus Studio.

Customer Data may include, without limitation:

• project data;
• uploaded drawings;
• PDFs;
• plans;
• images;
• markups;
• calculator inputs;
• calculation records;
• project notes;
• exported reports;
• design information; and
• other material submitted, uploaded or generated by you through the Software.

You represent and warrant that you have all rights, licences, consents and permissions required to upload, submit, process, store and use Customer Data through Clarus Studio.

You must not upload Customer Data that infringes third-party rights, breaches confidentiality obligations, breaches privacy laws, contains unlawful material, or that you are not authorised to provide to us.

You grant Clarus Studio a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, display, analyse, modify, adapt and otherwise use Customer Data to the extent reasonably necessary or useful to:

• provide, operate and maintain the Software;
• generate Calculation Outputs;
• process calculations, diagrams, reports and exports;
• provide support;
• troubleshoot issues;
• monitor performance;
• maintain security;
• detect, prevent and investigate misuse, fraud, bugs, errors or security incidents;
• improve, test, develop and enhance the Software;
• improve existing calculators, workflows, automation, artificial intelligence, machine learning functionality and related services;
• develop new features, products, calculators, models, workflows and services;
• conduct analytics, benchmarking, quality assurance and product research;
• validate, test, monitor and improve calculation logic, user experience, data extraction, automation, AI-assisted functionality and product performance;
• comply with legal, regulatory, tax, accounting and compliance obligations; and
• exercise our rights and perform our obligations under these Terms.

Where reasonable, we may use aggregated, anonymised, de-identified or derived data for analytics, benchmarking, product improvement, model improvement, software development, commercial insights and service development.

You acknowledge that de-identified, aggregated or derived data may not identify you or your clients and may be used by us for our business purposes.

We will handle personal information in accordance with our Privacy Policy and applicable privacy laws.

You must ensure that any personal information you provide to us or upload to Clarus Studio has been collected, used and disclosed lawfully.

You must provide all notices and obtain all consents required for us and our service providers to process personal information in connection with Clarus Studio.

Clarus Studio may use third-party service providers for hosting, infrastructure, authentication, analytics, payments, support, security, communications, AI functionality, automation and related services.

Our backend is hosted using AWS infrastructure in Australia. Our frontend is hosted using Vercel. Some service providers may process or store information outside Australia.

You acknowledge that Customer Data and personal information may be processed, transmitted, accessed or stored by us or our service providers in Australia or overseas, subject to our Privacy Policy and applicable law.

We will take reasonable steps designed to protect the security of Clarus Studio and Customer Data.

However, no software, network, hosting environment, transmission method or storage system is completely secure.

You are responsible for:

• using secure passwords;
• protecting login credentials;
• limiting access to authorised users;
• maintaining your own device, browser and network security;
• promptly notifying us of suspected unauthorised access or security incidents; and
• maintaining your own backups of important records, reports, exports and project information.

We do not guarantee that the Software will be immune from unauthorised access, cyber attack, data loss, malware, vulnerabilities, service interruption or other security incidents.

During your subscription, you may export Customer Data and Calculation Outputs using the export functionality made available in the Software.

After cancellation or termination, we may provide a period of 30 days for you to export or request access to Customer Data, unless access has been terminated due to serious breach, misuse, security risk, unlawful conduct, non-payment or another reason that makes continued access inappropriate.

After that 30-day period, we may delete, anonymise, archive or restrict access to Customer Data.

We may retain copies of Customer Data, Account information, invoices, logs, backups, security records, support records and other information where required or reasonably necessary for legal, tax, accounting, audit, security, dispute resolution, backup, compliance or legitimate business purposes.

Backup copies may persist for a limited period after deletion from active systems.

We are not responsible for any loss resulting from your failure to export Customer Data before cancellation, termination or deletion.

Clarus Studio and its Intellectual Property Rights are owned by or licensed to Clarus Studio.

This includes, without limitation:

• the Software;
• website and application design;
• user interface;
• workflows;
• source code and object code;
• calculators;
• methods;
• formulas;
• algorithms;
• calculation logic;
• data libraries;
• databases;
• diagrams;
• templates;
• graphics;
• documentation;
• trade marks;
• branding;
• AI and automation workflows;
• product names;
• reports and export templates;
• design systems;
• model prompts, model configurations and model workflows;
• software architecture;
• know-how; and
• all improvements, modifications and derivative works.

Except for the limited licence expressly granted to you under these Terms, you do not receive any right, title or interest in Clarus Studio or our Intellectual Property Rights.

You must not use our trade marks, business names, logos or branding without our prior written consent.

You may provide feedback, suggestions, comments, ideas, bug reports, feature requests or recommendations about Clarus Studio.

You acknowledge that we may use, copy, modify, publish, commercialise and exploit feedback for any purpose without restriction, attribution, approval or compensation to you.

Providing feedback does not transfer ownership of your Customer Data to us.

You must not provide feedback that contains another person's confidential information or intellectual property unless you are authorised to do so.

Each party must keep the other party's Confidential Information confidential and must not use or disclose it except:

• as permitted by these Terms;
• to perform obligations or exercise rights under these Terms;
• to provide, operate, secure, improve or support the Software;
• to employees, contractors, advisers, affiliates and service providers who need to know the information and are subject to confidentiality obligations;
• with the other party's consent;
• as required by law, regulation, court order, government authority, stock exchange, professional obligation or legal process; or
• where the information is no longer confidential through no breach of these Terms.

Clarus Studio may use, link to, integrate with or rely on third-party services, including hosting providers, payment processors, analytics providers, authentication providers, AI providers, data services, APIs, software libraries and other tools.

Third-party services may be subject to their own terms, policies, fees and availability.

We are not responsible for third-party services, except to the extent required by law.

We do not warrant that third-party services will be available, secure, error-free, accurate, suitable or uninterrupted.

Changes to third-party services may affect Clarus Studio, including availability, functionality, pricing, performance or outputs.

We may provide support through our support email address, website contact form, in-app support tools or other channels.

Unless we agree otherwise in writing, we do not guarantee:

• any particular support response time;
• any particular resolution time;
• uninterrupted access;
• uptime;
• availability;
• compatibility with all browsers, devices or systems;
• continued support for any particular feature; or
• that all bugs, errors or issues will be fixed.

We may perform maintenance, updates, security patches, upgrades, migrations or changes at any time.

Where practical, we may provide advance notice of material scheduled downtime, but we are not required to do so.

We may modify, update, improve, restrict, suspend, remove, replace or discontinue any part of Clarus Studio at any time.

This includes calculators, features, modules, workflows, interfaces, pricing, Plans, data libraries, AI functionality, assumptions, methods, exports, reports, diagrams, design notes and technical documentation.

We are not liable for any loss arising from changes to the Software, except to the extent liability cannot be excluded by law.

You are responsible for ensuring that any Calculation Output you rely on is appropriate for your intended use at the time of reliance, including where the Software, calculator logic, assumptions, methods or standards have changed after an earlier output was generated.

You are responsible for:

• your use of Clarus Studio;
• your users' use of Clarus Studio;
• all Customer Data submitted through your Account;
• verifying all inputs and Calculation Outputs;
• obtaining professional review where required;
• complying with all laws, regulations, codes, standards, authority requirements, professional obligations and project requirements;
• maintaining your own records and backups;
• ensuring your use of Clarus Studio is suitable for your business, project and intended purpose;
• maintaining appropriate insurance for your professional, business, trade or project activities;
• ensuring you have all necessary licences, registrations, approvals and qualifications for your work;
• ensuring that you do not rely on Clarus Studio beyond its intended purpose;
• checking that your Plan permits your intended use;
• ensuring any person accessing Clarus Studio through your Account complies with these Terms; and
• immediately stopping use of any output if you become aware that it may be incorrect, incomplete, unsuitable, unsafe or non-compliant.

You must not use Clarus Studio:

• unlawfully;
• to mislead, deceive or defraud;
• to produce unsafe, unlawful or non-compliant work;
• as the sole basis for design, certification, construction, installation, authority submission, safety-critical decisions or professional advice;
• to infringe another person's rights;
• to upload unlawful, harmful, confidential or personal information without authority;
• to interfere with or disrupt the Software;
• to probe, scan or test vulnerabilities without written permission;
• to bypass usage limits, payment obligations or access controls;
• to reverse engineer, copy, extract or misuse the Software;
• to train, develop, improve, validate, benchmark or support a competing product or service;
• to scrape, harvest or extract data from the Software;
• to use automated bots, scripts or crawlers except as permitted by us in writing;
• to upload malware or malicious code;
• to breach privacy, confidentiality, professional or contractual obligations;
• to use the Software for any high-risk application where failure could lead to death, personal injury, environmental damage, major property damage or serious economic loss without independent professional review and controls;
• to create or distribute outputs that are misleading because warnings, disclaimers, assumptions, limitations, notes or version references have been removed or altered;
• to misuse free trials, create duplicate accounts, avoid payment or circumvent Plan restrictions; or
• in any way that we reasonably consider inappropriate, harmful, excessive, abusive or inconsistent with these Terms.

Each party represents and warrants that it has authority to enter into and perform its obligations under these Terms.

You represent and warrant that:

• all information you provide to us is accurate and complete;
• you have authority to use all Customer Data submitted through the Software;
• your use of Clarus Studio will comply with applicable laws;
• you will not rely on Calculation Outputs without appropriate review and verification;
• you will obtain qualified professional review where required;
• you will not use Clarus Studio for unlawful, unsafe, misleading or improper purposes;
• you will comply with all professional, trade, licensing, registration, insurance and project obligations applicable to you;
• where you use Clarus Studio on behalf of an organisation, you are authorised to bind that organisation;
• you will not upload Customer Data that infringes third-party rights or breaches confidentiality, privacy or contractual obligations; and
• you will not use Clarus Studio to provide prohibited service bureau, resale, outsourcing, timesharing, white-label or competing services.

To the maximum extent permitted by law, Clarus Studio is provided on an "as is" and "as available" basis.

Except as expressly stated in these Terms, and subject to any rights that cannot be excluded under applicable law, we exclude all warranties, guarantees, representations, conditions and terms, whether express, implied, statutory or otherwise, including any warranty or guarantee of:

• accuracy;
• completeness;
• reliability;
• merchantability;
• fitness for a particular purpose;
• professional suitability;
• compliance with any law, standard, code, authority requirement or project requirement;
• uninterrupted access;
• error-free operation;
• security;
• compatibility;
• availability;
• non-infringement;
• suitability for design, construction, installation, certification or authority submission; or
• suitability for any particular project or site condition.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

Where any guarantee, condition, warranty or right is implied by law and cannot be excluded, our liability is limited, to the maximum extent permitted by law, at our option to:

• supplying the services again;
• paying the cost of having the services supplied again; or
• another remedy permitted by law.

If you are a consumer under the Australian Consumer Law, you may have rights and remedies that cannot be excluded by these Terms.

To the maximum extent permitted by law, we are not liable for any indirect, consequential, incidental, special, exemplary or punitive loss or damage, including:

• loss of profit;
• loss of revenue;
• loss of business;
• loss of opportunity;
• loss of goodwill;
• loss of anticipated savings;
• loss of use;
• loss or corruption of data;
• business interruption;
• professional negligence claims arising from your work;
• rectification costs;
• redesign costs;
• construction delay costs;
• authority rejection costs;
• certification issues;
• project delay or disruption;
• reputational damage;
• third-party claims;
• loss arising from incorrect, incomplete or unsuitable Customer Data;
• loss arising from failure to obtain professional review;
• loss arising from reliance on AI-assisted outputs; or
• any loss arising from reliance on a Calculation Output without appropriate verification.

This exclusion applies whether the claim arises in contract, tort, negligence, statute, equity, indemnity or otherwise, and whether or not the loss was foreseeable or we were advised of the possibility of such loss.

To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms, the Software, Customer Data, Calculation Outputs, support, subscriptions, trials or any related services is limited to:

• for paid users, the total Fees actually paid by you to Clarus Studio in the 12 months immediately before the event giving rise to the claim; and
• for free trial users, free users, beta users or unpaid users, AUD $1,000.

This liability cap applies to all claims in aggregate, whether arising in contract, tort, negligence, statute, equity, indemnity or otherwise.

The liability cap does not exclude or limit liability to the extent it cannot lawfully be excluded or limited.

You indemnify Clarus Studio, its directors, officers, employees, contractors, agents, affiliates, licensors, suppliers and service providers from and against all losses, damages, liabilities, claims, demands, proceedings, costs and expenses, including reasonable legal costs, arising out of or in connection with:

• your breach of these Terms;
• your use, misuse or attempted misuse of Clarus Studio;
• any use, misuse or attempted misuse of Clarus Studio by your employees, contractors, agents, representatives, invited users, account administrators or any person who accesses Clarus Studio through your Account;
• any Customer Data submitted, uploaded, entered, processed, stored, shared, exported or otherwise used by you or on your behalf;
• any allegation that Customer Data, or our possession, processing or use of Customer Data in accordance with these Terms, infringes a third party's rights, including Intellectual Property Rights, privacy rights, confidentiality rights, moral rights or contractual rights;
• any inaccurate, incomplete, misleading, unsuitable or unauthorised information, input, assumption, selection, file, drawing, document, value, parameter, setting, standard, jurisdiction, material, design criterion or project detail entered, uploaded, selected or supplied by you or on your behalf;
• your reliance on, use of, publication of, submission of, certification of, construction from, installation from, or other action taken in connection with any Calculation Output;
• any design, report, drawing, specification, authority submission, client submission, tender package, construction document, installation work, certification, professional advice, project decision or commercial decision produced, issued, submitted, approved or carried out by you or on your behalf using, incorporating, referring to or relying on Clarus Studio or any Calculation Output;
• your failure to review, verify, check or accept any input, assumption, limitation, methodology, design rationale, standard, authority requirement, site condition or Calculation Output before relying on it;
• your failure to obtain review, approval, certification or acceptance from an appropriately qualified professional, licensed person, registered practitioner, authority, regulator, certifier, consultant or other competent person where required;
• your breach of any applicable law, regulation, code, standard, authority requirement, project requirement, professional obligation, licence condition, registration requirement, insurance obligation or contractual obligation;
• any claim by your client, customer, principal, contractor, subcontractor, consultant, certifier, regulator, authority, insurer, employee, agent or other third party arising from your use of Clarus Studio or any Calculation Output;
• any unlawful, negligent, misleading, deceptive, fraudulent, unsafe, non-compliant or improper act or omission by you or on your behalf;
• any breach of privacy, confidentiality, data protection, security or intellectual property obligations by you or on your behalf;
• your use of artificial intelligence, automation, drawing analysis, fixture detection, data extraction or other model-assisted functionality in breach of these Terms, applicable law, professional obligations, confidentiality obligations, client requirements or project requirements; and
• any dispute between you and any third party relating to a project, design, calculation, report, submission, construction work, installation, certification, advice or service that uses, incorporates, refers to or relies on Clarus Studio or any Calculation Output.

Your indemnity applies whether the relevant loss, claim, demand, proceeding, cost or expense arises in contract, tort including negligence, statute, equity, indemnity or otherwise.

You are not required to indemnify Clarus Studio to the extent that the relevant loss is directly caused by Clarus Studio's fraud, wilful misconduct or liability that cannot lawfully be excluded, restricted or modified.

We may suspend, restrict or terminate your access to Clarus Studio immediately if:

• you breach these Terms;
• Fees are overdue;
• payment fails;
• we reasonably suspect unauthorised access or security compromise;
• you misuse the Software;
• you create risk to the Software, other users, us or third parties;
• you use the Software unlawfully or unsafely;
• you infringe our Intellectual Property Rights;
• you breach confidentiality or privacy obligations;
• you misuse free trials or attempt to avoid payment;
• you use Clarus Studio to build, support or improve a competing product or service;
• you reverse engineer, scrape, extract or misuse the Software;
• we are required to do so by law, regulator, court, service provider or government authority;
• continuing to provide access would create legal, security, operational or commercial risk; or
• we discontinue the Software or relevant Plan.

After termination or cancellation:

• your access may be disabled, limited or removed;
• you may lose access to Customer Data and Calculation Outputs;
• you are responsible for exporting required data within the 30-day export period;
• we may delete, anonymise, archive or retain data as described in these Terms;
• unpaid Fees remain payable;
• you must stop using the Software except to the extent we permit access for data export; and
• clauses relating to intellectual property, confidentiality, data, disclaimers, liability, indemnity, dispute resolution and general terms continue to apply.

A party must not commence court proceedings in relation to a dispute arising out of or in connection with these Terms unless it has first complied with this clause, except where urgent interlocutory, injunctive or equitable relief is sought.

A party claiming that a dispute has arisen must give written notice to the other party describing the dispute.

The parties must use reasonable efforts to resolve the dispute within 20 Business Days after the notice is given.

If the dispute is not resolved within that period, the parties must refer the dispute to mediation in New South Wales, Australia.

The mediator will be agreed by the parties or, failing agreement within 10 Business Days, appointed by the President or nominee of the Resolution Institute or another recognised mediation body.

The mediation will be conducted in New South Wales, Australia, unless the parties agree otherwise.

Each party must bear its own costs of the mediation and share the mediator's fees equally, unless agreed otherwise.

If the dispute is not resolved by mediation within 30 days after appointment of the mediator, either party may commence court proceedings.

Nothing in this clause prevents Clarus Studio from seeking urgent injunctive, equitable or interlocutory relief to protect its Intellectual Property Rights, Confidential Information, security, systems, Software or business interests.

We may give notices to you by:

• email to the address associated with your Account;
• notice within the Software;
• notice on our website;
• post to an address you have provided;
• invoice or billing notice; or
• any other method permitted by law.

You may give notices to us through our support email address, website contact form, or any other notice method we publish.

A notice sent by email is taken to be received when sent, unless the sender receives an automated delivery failure notice.

You are responsible for keeping your contact details current.

We are not liable for any delay or failure to perform our obligations caused by events outside our reasonable control, including:

• internet or telecommunications failures;
• hosting provider failures;
• third-party service failures;
• cyber attacks;
• power failures;
• industrial action;
• natural disasters;
• fire, flood, storm or extreme weather;
• war, terrorism, civil unrest or government action;
• pandemic, epidemic or public health emergency;
• changes in law;
• supply chain issues; or
• any other event beyond our reasonable control.

You must not assign, transfer or novate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer or novate our rights or obligations under these Terms to:

• an affiliate;
• a purchaser of our business or assets;
• a successor entity;
• a company involved in a merger, acquisition, restructure or sale; or
• another party where doing so does not materially prejudice your rights.

We may subcontract any part of our obligations or use third-party service providers to provide, operate, host, secure, support, maintain, improve or develop Clarus Studio.

We remain responsible for our obligations under these Terms, subject to the limitations and exclusions set out in these Terms.

Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, agency or representative relationship between you and Clarus Studio.

You must not represent that you are authorised to bind Clarus Studio.

If any provision of these Terms is illegal, invalid, void or unenforceable, that provision will be severed or read down to the extent necessary, and the remaining provisions will continue in full force.

A failure or delay by a party to exercise a right under these Terms does not constitute a waiver of that right.

A waiver must be in writing and applies only to the specific matter for which it is given.

These Terms, together with any incorporated policies, Plan terms, order forms and signed written agreements, constitute the entire agreement between you and Clarus Studio in relation to the Software.

They supersede all prior discussions, representations, proposals, understandings and agreements relating to the Software.

These Terms are governed by the laws of New South Wales, Australia.

Each party submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts competent to hear appeals from those courts.

In these Terms:

• headings are for convenience only and do not affect interpretation;
• the singular includes the plural and vice versa;
• a reference to a person includes an individual, company, partnership, trust, association, government body or other entity;
• a reference to legislation includes amendments, replacements and regulations;
• "including" means "including without limitation";
• a reference to "use" includes access, viewing, uploading, downloading, generating, saving, exporting, relying on or otherwise interacting with the Software;
• a reference to "writing" includes email and electronic communications;
• if a day is not a Business Day, the relevant act may be done on the next Business Day; and
• no rule of construction applies against a party merely because that party drafted the Terms.

For questions about these Terms, support requests, cancellation requests, or requests for calculation methods, assumptions, limitations or technical basis, please contact Clarus Studio through: