Terms of service
Effective Date: 28 January 2026
Entity: BuildFoundry Limited (trading as TakeoffQS)
Contact: support@takeoffqs.com
Effective Date: 28 January 2026
Entity: BuildFoundry Limited (trading as TakeoffQS)
Contact: support@takeoffqs.com
1
1.1
Acceptance: By creating an account, clicking "I Agree," or using TakeoffQS (the "Service"), you agree to be bound by these Terms.
1.2
Business Purpose Warranty: 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.
2
2.1
Service Description: TakeoffQS is an artificial intelligence-powered estimation aid that extracts quantities from uploaded plan files, provides exports for estimation workflows, and facilitates connections with material suppliers. This includes outputs for prenail (framing) and foundations and painting/surface finishes based on the content of the uploaded plans.
2.2
Not Professional Advice: 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 to PS4) or any compliance certificate under the Building Act 2004. Foundations outputs are extracted from plans for estimation only and are not structural design, engineering certification, or geotechnical advice.
2.3
Scope Limitation (Bracing & Engineering): WARNING: 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. TakeoffQS specifically disclaims all liability for the structural adequacy, compliance, or performance of any bracing elements derived from the Service. 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. For foundations, the Service does not perform engineering design (including slab design, reinforcing design, or bearing capacity checks) and any depicted quantities (for example concrete volumes, mesh, or reinforcing) are indicative extractions from plans only and must be verified by a qualified professional. For painting the Service estimates surface areas based on 2D plans. It does not account for specific paint system requirements, substrate conditions, environmental factors, or multi-coat requirements beyond standard assumptions. It is an estimation aid only and not a definitive specification for a painting contract.
2.4
Visibility of Limitations and Warnings: You acknowledge that the Service displays in-product notices and warnings about scope limitations and the probabilistic nature of artificial intelligence outputs. You agree that you have read and understood these notices, and that you remain responsible for verifying all outputs against site conditions and official plans before relying on them for quoting, ordering, design, or compliance purposes.
3
3.1
Pay Per Use: Pricing is displayed at checkout. Fees are payable in advance via Stripe.
3.2
Immediate Consumption & No Refunds: You acknowledge that the Service (data extraction) is consumed immediately upon processing. Accordingly, fees are non-refundable once the takeoff process has commenced. You waive any right to cancel under consumer laws once performance has begun.
3.3
System Errors: If a file fails processing due to a confirmed technical system error and no export is produced, please contact support within seven (7) days. We may provide a credit or refund at our sole discretion.
3.4
Price Changes: TakeoffQS reserves the right to change its pricing at any time. For subscription or recurring billing services, we will provide you with at least thirty (30) days' notice via email or in-app notification before any price increase takes effect. Your continued use of the Service after the price change constitutes your agreement to pay the new amount.
4
4.1
Consumer Guarantees Act 1993 (NZ): 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 to these Terms or the Service.
4.2
Fair Trading Act 1986 (NZ): The parties agree to contract out of sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986. You acknowledge that this exclusion is fair and reasonable given the low-cost, automated nature of the Service and Your status as a business user.
4.3
Australian Customers: 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.
5
5.1
Authority: You must be at least 18 years old and have the authority to bind Your organisation.
5.2
Prohibited Conduct: You will not, and will not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service; (b) modify, translate, or create derivative works based on the Service; (c) copy, duplicate, or mirror any features, functions, interface elements, or graphics of the Service; (d) access the Service in order to build a competitive product or service, or for the purpose of benchmarking or copying its features or user interface; (e) interfere with the operation of or overload systems; or (f) use the Service for unlawful content.
5.3
Plan Rights and Indemnity: You represent and warrant that you have and will maintain all necessary rights, licenses, consents, and authorisations from all applicable rightsholders (including architects, designers, and engineers) to upload the plan files and to grant the licences in Section 7.2 for the purposes described in these Terms. You will not upload any content that is confidential to a third party unless you are expressly permitted to do so. You will indemnify and hold harmless TakeoffQS from and against all claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to any allegation that your content infringes or misappropriates a third party's intellectual property or confidential information or otherwise violates applicable law.
5.4
Intellectual Property Complaints and Takedown: TakeoffQS operates a notice and takedown process for alleged intellectual property infringement or confidentiality concerns. Upon receipt of a substantiated notice from a rights holder that identifies the content, the basis of the claim, and contact information, TakeoffQS may remove or disable access to the affected content while the claim is assessed and will notify the uploading customer where lawful and reasonably practicable. TakeoffQS may, in its discretion, restore or permanently remove the content following its assessment.
5.5
Suspension for Suspected Misuse: TakeoffQS may suspend processing of specific files or restrict access to the Service where TakeoffQS reasonably believes the content is unlawful, infringes third party rights, breaches confidentiality, or otherwise violates these Terms. TakeoffQS will act in good faith and use commercially reasonable efforts to notify you of the basis for any suspension.
6
6.1
Ownership: The Service, including but not limited to its "look and feel" (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including source code and object code), and other materials are the property of BuildFoundry Limited or its licensors and are protected by New Zealand and international copyright, trademark, and other intellectual property laws.
6.2
Reservation of Rights: You acknowledge that all rights, title, and interest in and to the Service (excluding Customer Data) belong exclusively to BuildFoundry Limited. No rights are granted to You other than as expressly set forth in these Terms.
7
7.1
Your Content: You retain ownership of the specific plan files and annotations You upload ("Customer Data").
7.2
Licence to Operate, Improve, and Generate Insights: You grant TakeoffQS a worldwide, non-exclusive, royalty-free, perpetual licence to use, host, copy, process, and modify Customer Data to: (a) provide, secure, and support the Service; (b) train, fine tune, evaluate, and improve machine learning models and detection systems used by the Service (Service Improvement); and (c) create de-identified and aggregated datasets for analytics, benchmarking, market intelligence, and other lawful commercial purposes (Business Intelligence). Where reasonably practicable, TakeoffQS will use technical measures (such as hashing, differential privacy, or aggregation) to reduce the identifiability of Customer Data before using it for Service Improvement or Business Intelligence. The licence under this Section 7.2 survives termination of these Terms.
7.3
Rights in Aggregated and De-identified Data: TakeoffQS owns all rights, title, and interest in aggregated and de-identified data that does not reasonably identify you, your end users, or any individual. TakeoffQS may use, publish, license, or distribute such data for lawful commercial purposes.
7.4
Publicity Rights: You grant TakeoffQS the right to use Your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers. You may revoke this right at any time by sending an email to support@takeoffqs.com.
7.5
Feedback and Suggestions: If You provide us with any feedback, suggestions, or feature requests regarding the Service ("Feedback"), You hereby assign to TakeoffQS all rights, title, and interest in such Feedback. We are free to use, reproduce, and commercialise any Feedback without any payment, attribution, or restriction.
8
8.1
Privacy Policy: We collect and process personal information as described in our Privacy Policy.
8.2
Data Location & AI Processing: Primary storage of Customer content is in New Zealand or Australia. However, You acknowledge and agree that providing the Service requires processing data via third-party artificial intelligence 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. This may include computer vision processing used for prenail foundations and painting detections.
8.3
Sub-processors: We use contracted service providers for hosting (e.g., AWS/Azure) and payments (Stripe).
9
9.1
Protection: Both parties agree to protect confidential information using reasonable safeguards.
10
10.1
Efforts: We use commercially reasonable efforts to maintain availability. Beta features are provided "as is" and may be withdrawn at any time.
11
11.1
"AS IS" Basis: The Service is provided "AS IS". To the maximum extent permitted by law, we disclaim all warranties, express or implied.
11.2
Probabilistic Output (AI Hallucinations): You acknowledge that the Service uses probabilistic artificial intelligence, which is non-deterministic and may produce different results for the same input or generate "hallucinations" (plausible but incorrect data). Consequently, the Service is an estimation aid only, and TakeoffQS does not warrant that the Output is complete, accurate, or free from error. You assume sole responsibility for verifying all Output against site conditions and official plans.
12
12.1
Liability Cap: To the maximum extent permitted by law, our total aggregate liability to You for any claim arising from a specific takeoff is limited to the fees actually paid by You for that specific takeoff.
12.2
Exclusions: We are not liable for any indirect, special, incidental, or consequential loss, including but not limited to cost overruns, ordering errors, construction delays, loss of profits, or remedial construction costs.
13
13.1
Termination and Suspension: 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.
14
14.1
Jurisdiction: These Terms are governed by New Zealand law. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
15
15.1
Good Faith Negotiation: Before filing any claim or legal proceeding (including in the Disputes Tribunal), a party must provide written notice of the dispute to the other party and attempt to resolve the matter in good faith for a period of not less than 14 days.
15.2
Mediation: If the dispute remains unresolved, the parties agree to explore mediation with a mutually agreed mediator in New Zealand before commencing litigation.