Terms of Service

Plain English summary

These Terms of Service govern your use of DefectOps. In plain terms: you get a 14-day free trial with no credit card required. If you subscribe and change your mind, you have 30 days from your first charge to request a full refund. You own your data. We keep it secure. Either party can end the relationship with reasonable notice. The full legal terms follow below.

1. Parties and acceptance

These Terms of Service ('Terms') form a legally binding agreement between:

By registering for an account, clicking 'I agree', or using the DefectOps platform, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Refund Policy.

If you are accepting these Terms on behalf of a company or other organisation, you represent that you have authority to bind that organisation to these Terms. If you do not have that authority, do not use DefectOps.

We may update these Terms from time to time. We will notify you by email at least 14 days before any material changes take effect. Continued use of DefectOps after that date constitutes acceptance of the updated Terms.

2. Definitions

3. The service

3.1 What we provide

Subject to these Terms and payment of the applicable Subscription Fee, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during the subscription term.

The Platform enables you to:

• log and track defects during the DLP, including photo capture and floor plan annotation;
• assign defects to contractors and manage their completion workflow;
• monitor status across multiple projects in real time;
• generate branded PDF reports and CSV exports; and
• invite unlimited Contractor Users to access relevant project data at no additional charge.

3.2 Service availability

We target 99.5% uptime for the Platform, excluding scheduled maintenance windows. We will provide reasonable advance notice of planned maintenance. We do not guarantee uninterrupted access and are not liable for downtime caused by factors outside our reasonable control (see Section 14).

3.3 Offline functionality

The Platform includes offline capability for field use. Defects logged offline will sync to the server when connectivity is restored. You are responsible for ensuring syncs complete before relying on offline data in reports or handovers.

3.4 Changes to the service

We may add, modify, or discontinue features of the Platform at any time. We will provide reasonable notice of any changes that materially reduce the core functionality you rely on. If a material reduction occurs mid-subscription period, you may terminate and receive a pro-rata refund for the unused portion in accordance with our Refund Policy.

4. Accounts and users

4.1 Registration

You must provide accurate, complete, and current information when registering for an account. You are responsible for keeping your registration information up to date.

4.2 Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must:

• use a strong, unique password and enable multi-factor authentication where available;
• notify us immediately at support@defectops.com if you suspect any unauthorised access to your account; and
• not share your credentials with anyone outside your organisation.

We are not liable for any loss arising from unauthorised access to your account where you have failed to take reasonable precautions.

4.3 Administrator responsibilities

If you are an Administrator, you are responsible for managing user access within your organisation's account, including adding and removing users promptly when their access should change. You are responsible for the actions of all users you add to your account.

4.4 Contractor Users

You may invite Contractor Users to access specific projects. Contractor Users are subject to these Terms and your obligation to ensure their appropriate use of the Platform. You remain responsible for all Customer Data they create or access within your projects.

5. Subscription and payment

5.1 Plans and pricing

Current Plan details and pricing are published at www.defectops.com/pricing. We reserve the right to change pricing with at least 30 days' written notice. Price changes will take effect at the start of your next billing cycle following that notice.

5.2 Paddle as Merchant of Record

All payments are processed by Paddle.com Market Limited ('Paddle'), which acts as our Merchant of Record. This means:

• Your payment is collected by Paddle, and Paddle's name will appear on your bank statement or credit card statement.
• Paddle is responsible for handling your payment card details, VAT/GST calculations, and issuing your invoice. DefectOps does not store your payment card information.
• Any payment disputes or queries about a charge should be directed to Paddle in the first instance, or to us at support@defectops.com.
• Paddle's terms and privacy policy govern the payment transaction itself. You can review them at paddle.com/legal.

5.3 Billing cycle

Subscriptions are billed monthly in advance on the date you first subscribe. Your subscription renews automatically each month until cancelled. You can view your next billing date at any time in your account settings under Billing.

5.4 Free trial

We offer a 14-day free trial on all Plans. No credit card is required to start a trial. At the end of the trial period, you must provide payment details to continue using the Platform. We will not auto-charge you at the end of a trial — you must actively choose a Plan and enter payment details to subscribe.

5.5 Late payment

If a payment fails, we will notify you and allow a 7-day grace period to update your payment details. If payment is not received within that period, we may suspend access to your account until the outstanding amount is settled. Suspended accounts retain your data for 90 days before deletion.

5.6 Refunds

Refunds are governed by our Refund Policy, which forms part of these Terms. The summary below is for convenience only — the full Refund Policy applies in all cases.

In summary:

• 14-day free trial: no credit card required, no charge at the end — you must actively subscribe.
• 30-day satisfaction refund: if you subscribe and change your mind, you may request a full refund of your first payment within 30 days of the charge, no questions asked.
• Renewal charges: generally non-refundable, except in the specific circumstances set out in the Refund Policy (including billing errors, material service reduction, or Australian Consumer Law entitlements).
• How to request: email admin@defectops.com with subject 'Refund Request', or contact Paddle directly via paddle.com/support.
• Processing time: 5–10 business days to your original payment method.

Nothing in these Terms or the Refund Policy limits or excludes rights you may have under the Australian Consumer Law or any other applicable consumer protection legislation that cannot be excluded by contract.

6. Customer Data

6.1 Your ownership

You retain full ownership of all Customer Data. We claim no intellectual property rights in your Customer Data.

6.2 Licence to us

You grant us a limited, non-exclusive, royalty-free licence to host, store, process, and display your Customer Data solely to the extent necessary to provide the Platform and comply with our legal obligations. We do not use your Customer Data to train machine learning models or for any purpose other than providing the service.

6.3 Your responsibilities

You are responsible for:

• ensuring you have all necessary rights, licences, and permissions to upload Customer Data to the Platform;
• the accuracy and completeness of Customer Data;
• ensuring Customer Data does not infringe the intellectual property rights, privacy rights, or other legal rights of any third party; and
• ensuring Customer Data does not contain any malicious code, viruses, or other harmful material.

6.4 Data export and portability

You may export your Customer Data at any time in CSV or PDF format using the Platform's built-in export tools. Following cancellation of your account, we will retain your data for 90 days during which you may request a full export. After that period, we will securely delete your data in accordance with our Privacy Policy.

6.5 Data security

We implement the security measures described in our Privacy Policy to protect Customer Data. In the event of a confirmed data breach affecting your Customer Data, we will notify you without undue delay and no later than 72 hours after becoming aware of the breach.

7. Acceptable use

You must use the Platform only for lawful purposes and in accordance with these Terms. You must not:

• use the Platform to store, transmit, or process any content that is unlawful, defamatory, harassing, or fraudulent;
• upload or transmit any malicious code, viruses, or other harmful material;
• attempt to gain unauthorised access to any part of the Platform or to any other user's account or data;
• use the Platform to send unsolicited commercial communications;
• reverse engineer, decompile, or disassemble any part of the Platform;
• resell, sublicence, or otherwise commercialise access to the Platform without our written consent;
• use automated scraping, crawling, or data extraction tools against the Platform; or
• use the Platform in any way that could damage, disable, overburden, or impair our systems.

We may suspend or terminate your account immediately if we reasonably believe you are in breach of this section.

8. Intellectual property

8.1 Our intellectual property

DefectOps and all related software, technology, trademarks, trade names, logos, and documentation are owned by us or licensed to us. Nothing in these Terms transfers any ownership of our intellectual property to you.

8.2 Feedback

If you provide us with suggestions, ideas, or feedback about the Platform ('Feedback'), you grant us a perpetual, irrevocable, royalty-free licence to use that Feedback to improve our products and services. We are not obliged to act on any Feedback.

8.3 Your marks

We may reference your company name and logo as a customer of DefectOps in our marketing materials, unless you notify us in writing that you do not consent to this.

9. Confidentiality

Each party may have access to confidential information of the other party in connection with these Terms. Each party agrees to:

• keep the other party's confidential information strictly confidential;
• not disclose it to any third party without the disclosing party's prior written consent; and
• use it only for the purposes of performing its obligations or exercising its rights under these Terms.

Confidential information does not include information that is publicly available (other than through a breach of this clause), already known to the receiving party, or independently developed without reference to the confidential information. Disclosures required by law or court order are permitted provided the receiving party gives reasonable prior notice where permitted.

10. Third-party services and integrations

The Platform may integrate with or link to third-party services (such as cloud storage providers, email services, or construction management tools). Your use of those third-party services is governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, or practices of any third-party service.

The Pro Plan includes API access. If you build integrations using our API, you must comply with our API documentation and usage guidelines published at docs.defectops.com (if applicable). We may rate-limit or suspend API access if usage materially affects Platform performance for other customers.

11. Warranties

11.1 Our warranties

We warrant that:

• we have the right to grant the licence in Section 3;
• we will provide the Platform with reasonable care and skill; and
• we will implement and maintain appropriate technical and organisational security measures as described in our Privacy Policy.

11.2 Disclaimer

To the maximum extent permitted by applicable law, the Platform is provided 'as is' and 'as available'. We do not warrant that the Platform will be uninterrupted, error-free, or free from viruses or other harmful components. We do not warrant that the Platform will meet your specific requirements or that any particular feature will remain available.

Nothing in these Terms excludes or limits warranties that cannot be excluded under Australian Consumer Law or any other applicable mandatory law.

12. Limitation of liability

Please read this section carefully. It limits what we are liable for.

To the maximum extent permitted by law:

• our total aggregate liability to you under or in connection with these Terms (whether in contract, tort, or otherwise) will not exceed the total Subscription Fees paid by you in the 12 months immediately preceding the event giving rise to the claim; and
• we will not be liable for any indirect, consequential, special, or punitive loss, including loss of profits, loss of revenue, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such loss.

Nothing in these Terms limits or excludes our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• any liability that cannot be excluded under Australian Consumer Law or other applicable mandatory law.

You acknowledge that DefectOps is a defect-tracking tool and that ultimate responsibility for identifying, rectifying, and signing off defects rests with you and your contractors. We are not liable for any defect that is missed, incorrectly recorded, or not resolved within the DLP period.

13. Indemnity

You agree to indemnify, defend, and hold harmless DefectOps and its officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• your breach of these Terms;
• your violation of any applicable law or regulation;
• your Customer Data, including any claim that it infringes a third party's intellectual property or privacy rights; or
• the actions of any user you have added to your account.

14. Force majeure

Neither party will be liable for any failure or delay in performance caused by circumstances beyond their reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, power failures, internet outages, or acts or omissions of third-party providers. The affected party must notify the other promptly and take reasonable steps to mitigate the impact.

15. Term and termination

15.1 Term

These Terms commence on the date you first access the Platform and continue until your subscription is cancelled or terminated.

15.2 Cancellation by you

You may cancel your subscription at any time through your account settings or by contacting admin@defectops.com. Cancellation takes effect at the end of the current billing cycle. You will retain access to the Platform until that date. Refunds on cancellation are governed by our Refund Policy.

15.3 Termination by us

We may suspend or terminate your account immediately and without notice if:

• you are in material breach of these Terms and (where the breach is capable of remedy) have not remedied it within 14 days of written notice from us;
• you fail to pay any Subscription Fee within the grace period in Section 5.5;
• you are in breach of the Acceptable Use policy in Section 7; or
• we are required to do so by law.

We may also terminate these Terms on 30 days' written notice for any other reason, in which case we will provide a pro-rata refund for the unused portion of your subscription in accordance with our Refund Policy.

15.4 Effect of termination

On termination or expiry:

• your licence to use the Platform ends immediately;
• we will retain your Customer Data for 90 days, during which you may request an export;
• after 90 days, we will securely delete your Customer Data; and
• any provisions of these Terms that by their nature should survive termination will do so, including Sections 6.1, 8, 9, 12, 13, and 16.

16. Governing law and disputes

These Terms are governed by the laws of Western Australia, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

Before commencing formal legal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days from written notice of the dispute. If the dispute is not resolved within that period, either party may refer it to mediation before the Institute of Arbitrators and Mediators Australia (IAMA) or a mutually agreed mediator, before resorting to litigation.

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief.

17. General provisions

18. Contact us

For any questions about these Terms, please contact:

This document is a working template and does not constitute legal advice. DefectOps recommends having these Terms reviewed by a qualified commercial lawyer before publishing, particularly the liability cap, indemnity, and governing law clauses.

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