Terms of Service

1. About dFortix.ai

dFortix.ai is an Australian-owned and operated software-as-a-service (SaaS) platform developed and operated by Mercury Road Equipment Pty Ltd (ABN 36 614 422 187) ("we", "our", or "us"). The Platform is designed for the construction, professional services, and education sectors, and is the result of ongoing research and development into novel applications of artificial intelligence, machine learning, and autonomous agent architectures. The Platform is hosted on infrastructure located in Australia and provides access to proprietary AI agent systems, estimating tools with probabilistic analysis, digital takeoff with computer-vision-assisted measurement, project management, document management, an AI-assisted website builder, 3D model viewing with point cloud processing, financial and systems auditing with AI-driven analysis, and a children's education module known as "Fortie" featuring a novel multi-agent voice pipeline. These Terms of Service ("Terms") govern your access to and use of the dFortix.ai platform ("Platform").

2. Acceptance of Terms

• By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
• You must be at least 18 years of age to create an account. If you are using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
• You will be asked to expressly accept these Terms during the registration process. Your continued use of the Platform after any update to these Terms constitutes acceptance of the revised Terms, subject to the notification requirements set out in Section 18.

3. Definitions

• "Company" means Mercury Road Equipment Pty Ltd (ABN 36 614 422 187), the developer, owner, and operator of the Platform.
• "Platform" means the dFortix.ai web application, APIs, and all related services, including all proprietary software, algorithms, models, and intellectual property developed by the Company.
• "User" means any individual who creates an account on the Platform.
• "Content" means any data, text, files, images, drawings, documents, or other material that you upload, submit, or create using the Platform.
• "AI Output" means any text, data, code, images, or other material generated by the Platform's AI features in response to your inputs.
• "Third-Party Services" means external services, APIs, and platforms that the Platform integrates with, including but not limited to AI model providers, cloud storage, payment processors, and user-authorised connectors.
• "Child User" means a child whose profile is created within the Fortie education module by their parent or legal guardian.
• "Connector" means a user-authorised integration between the Platform and a Third-Party Service (e.g., Xero, Google Workspace, Microsoft 365).

4. Account Registration and Security

• You must provide accurate, current, and complete information when creating your account and keep this information up to date.
• You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any API keys or tokens associated with your account.
• You are responsible for all activities that occur under your account, whether or not authorised by you.
• You must notify us immediately at vlad@snip-snip.org of any unauthorised access to or use of your account or any other breach of security.
• We reserve the right to suspend or disable your account if we reasonably believe it has been compromised or is being used in breach of these Terms.

5. Description of Service

• The Platform is the product of ongoing research and development by Mercury Road Equipment Pty Ltd and provides, among other features: a proprietary autonomous AI agent orchestration system with dynamic tool selection and multi-model routing across multiple large language models (LLMs); a construction estimating engine featuring probabilistic cost analysis using Monte Carlo simulation, three-point estimation, and AI-assisted rate book management; a digital takeoff system for processing construction drawings using computer-vision-assisted measurement extraction and automated bill of quantities generation; project management including RFIs, variations, meetings, and compliance documents; document management with a rich collaborative editor; an AI-assisted website builder with automated design and deployment; a 3D model viewer incorporating IFC parsing, point cloud rendering, and construction sequence visualisation; financial and systems auditing with AI-driven anomaly detection and automated report generation; and the Fortie children's education module featuring a novel three-agent voice pipeline for adaptive, real-time educational content delivery.
• Features available to you may be limited by your subscription plan and access policies configured by your organisation's administrator.
• We may modify, suspend, or discontinue any part of the Platform at any time with reasonable notice where practicable.

6. Children's Education Module (Fortie)

• The Fortie module is designed for use by children under the supervision and with the consent of a parent or legal guardian ("Parent").
• Only a Parent may create a Child User profile. By creating a Child User profile, the Parent represents and warrants that they are the child's parent or legal guardian and consent to the collection and processing of the child's data as described in our Privacy Policy.
• The Parent is responsible for configuring session time limits, cost limits, and other parental controls available within the module.
• Voice data submitted through the Fortie module is processed by third-party speech-to-text and text-to-speech services for the sole purpose of enabling the educational experience. Please refer to our Privacy Policy for details on how children's data is handled.
• We do not knowingly engage in direct marketing to children. The Fortie module does not display advertising.
• The Parent may request deletion of all data associated with a Child User profile at any time by contacting vlad@snip-snip.org.

7. AI-Generated Content

• The Platform uses artificial intelligence models provided by third parties (including OpenRouter, OpenAI, Anthropic, Google, and others) to generate AI Outputs in response to your inputs.
• AI Outputs are provided on an "as is" basis and are not guaranteed to be accurate, complete, current, or fit for any particular purpose. AI Outputs may contain errors, inaccuracies, or biases inherent in the underlying models.
• AI Outputs do not constitute professional, legal, financial, engineering, medical, or any other form of professional advice. You must independently verify any AI Output before relying on it for any decision, and you assume all risk associated with your use of or reliance on AI Outputs.
• We are not liable for any loss, damage, or claim arising from your use of or reliance on AI Outputs, to the maximum extent permitted by law.
• Your inputs (prompts and content) are sent to third-party AI model providers for processing. Please refer to our Privacy Policy and Section 9 of these Terms for details on cross-border data transfers.

8. Third-Party Integrations and Connectors

• The Platform allows you to connect to Third-Party Services through OAuth-based Connectors. When you authorise a Connector, you grant the Platform permission to access and exchange data with the relevant Third-Party Service on your behalf.
• You are solely responsible for the permissions you grant when authorising a Connector and for ensuring that your use of Third-Party Services through the Platform complies with those services' terms of use.
• dFortix.ai acts as an intermediary when facilitating data exchange via Connectors. We do not control the Third-Party Services and are not responsible for their availability, accuracy, or data handling practices.
• Available Connectors include, but are not limited to: accounting platforms (Xero, MYOB), construction project management (Procore, Autodesk, Bluebeam, Buildxact, ServiceM8), collaboration tools (Google Workspace, Microsoft 365, Slack, Zoom), productivity tools (Asana, Trello, Notion, Airtable, Figma), cloud storage (Dropbox), and other services as listed on the Platform.
• We may add, modify, or remove Connectors at any time. The availability of a Connector does not imply endorsement of the underlying Third-Party Service.

9. Data Processing and Cross-Border Transfers

• In order to provide the Platform's AI and related features, your Content (including prompts, messages, and uploaded documents) may be transmitted to and processed by third-party service providers located outside of Australia, primarily in the United States of America.
• These overseas recipients include AI model providers such as OpenRouter, OpenAI (USA), Anthropic (USA), Google (USA), and Microsoft Azure (USA), as well as payment processor Stripe (USA).
• By using the Platform, you acknowledge and consent to the transfer of your data to these overseas recipients as necessary for the provision of the service. We take reasonable steps to ensure that overseas recipients handle your personal information in a manner consistent with the Australian Privacy Principles (APPs), as required by APP 8.
• Files uploaded to the Platform are stored on Amazon Web Services (AWS) S3 infrastructure located in the Asia Pacific (Sydney) region (ap-southeast-2), within Australia.
• For full details on how your data is collected, used, disclosed, and protected, please refer to our Privacy Policy.

10. Intellectual Property

• The Platform, including all source code, software architecture, algorithms, proprietary AI agent frameworks, machine learning pipelines, data processing methods, user interface designs, branding, documentation, and all related intellectual property, is solely and exclusively owned by Mercury Road Equipment Pty Ltd (ABN 36 614 422 187) and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth) and the Trade Marks Act 1995 (Cth).
• The Platform incorporates proprietary technologies developed through the Company's ongoing research and development program, including but not limited to: novel autonomous AI agent orchestration and tool-use architectures; a hybrid retrieval-augmented generation (RAG) pipeline with vector-based semantic search and re-ranking; a probabilistic construction estimating engine with Monte Carlo simulation and three-point estimation; computer-vision-assisted digital takeoff and measurement extraction from construction drawings; a multi-agent voice-driven education pipeline (Fortie) for adaptive children's learning; AI-driven financial and systems auditing with automated anomaly detection; and real-time 3D model processing for IFC and point cloud formats. These technologies represent significant and ongoing investment in experimental research and development activities.
• You retain ownership of any Content that you upload to or create on the Platform. By uploading Content, you grant us a non-exclusive, worldwide, royalty-free licence to store, process, transmit, and display your Content solely as necessary to provide and improve the Platform's services to you.
• Ownership of AI Outputs is a developing area of law. We do not claim ownership of AI Outputs generated in response to your inputs. However, we make no representations or warranties regarding your right to use AI Outputs for any particular purpose, and you are responsible for ensuring your use of AI Outputs complies with applicable laws.
• You must not reverse-engineer, decompile, or disassemble any part of the Platform, except to the extent expressly permitted by applicable law. The Platform's proprietary algorithms and methodologies constitute trade secrets of the Company.

11. Acceptable Use

• You agree not to use the Platform to: violate any applicable Commonwealth, State, or Territory law or regulation; generate, store, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable; attempt to gain unauthorised access to the Platform, other users' accounts, or any systems or networks connected to the Platform; interfere with or disrupt the integrity, performance, or availability of the Platform; circumvent any usage limits, access controls, rate limits, or security measures implemented on the Platform; use the Platform to develop a competing product or service without our prior written consent; use automated scripts, bots, or tools to access the Platform in a manner that exceeds reasonable use, unless expressly authorised; impersonate any person or entity, or misrepresent your affiliation with any person or entity; or upload or transmit viruses, malware, or any other malicious code.

12. Subscription Plans, Billing, and Payment

• Access to the Platform may be provided under various subscription plans, including free, monthly, and pay-per-use tiers. The features, usage limits, and pricing applicable to your plan are as described on the Platform at the time of subscription.
• Usage of AI models is metered by token consumption. Estimated costs are displayed in Australian Dollars (AUD). Actual charges may vary based on exchange rate fluctuations and changes to underlying provider pricing.
• Payment processing is handled by Stripe, Inc. By subscribing to a paid plan, you agree to Stripe's terms of service. We do not store your full credit card details on our servers.
• Paid subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through the Platform.
• Refunds for unused portions of a subscription period are provided at our discretion, except where required by Australian Consumer Law (see Section 13).
• We reserve the right to change pricing with 30 days' prior written notice. Continued use of a paid plan after a price change takes effect constitutes acceptance of the new pricing.

13. Consumer Guarantees — Australian Consumer Law

• Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
• Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee or any right or remedy you may have under the Australian Consumer Law or any other applicable Commonwealth, State, or Territory legislation that cannot be excluded, restricted, or modified by agreement.
• If our services fail to comply with a consumer guarantee: for a major failure, you are entitled to cancel your subscription and receive a refund for the unused portion, or to compensation for the reduction in value of the services; for a minor failure, you are entitled to have the problem rectified in a reasonable time, and if it is not rectified, to cancel and receive a refund.
• To the extent permitted by law and subject to the consumer guarantees, our liability for breach of any implied condition or warranty that cannot be excluded is limited, at our option, to the re-supply of the services or the payment of the cost of having the services re-supplied.

14. Limitation of Liability

• Subject to Section 13 (Consumer Guarantees) and to the maximum extent permitted by applicable law:
• Our total aggregate liability to you for all claims arising out of or in connection with these Terms or your use of the Platform is limited to the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities, or business interruption, arising out of or in connection with your use of the Platform, regardless of the cause of action or the theory of liability.
• We are not liable for any loss or damage arising from: reliance on AI Outputs; interruptions or unavailability of the Platform or Third-Party Services; actions taken by Third-Party Services accessed through Connectors; unauthorised access to your account caused by your failure to safeguard your credentials; or force majeure events beyond our reasonable control.

15. Disclaimer of Warranties

• Except as expressly provided in these Terms and subject to the consumer guarantees under Australian Consumer Law that cannot be excluded, the Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise.
• To the maximum extent permitted by law, we disclaim all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that: the Platform will be available at all times or free from errors, interruptions, or security vulnerabilities; AI Outputs will be accurate, complete, or suitable for any purpose; or Third-Party Services accessed through the Platform will be available, accurate, or secure.

16. Suspension and Termination

• We may suspend or terminate your access to the Platform at any time if: you breach these Terms; your use of the Platform poses a security risk or may adversely affect other users; we are required to do so by law; or we discontinue the Platform or any material part of it.
• Where practicable, we will provide you with reasonable notice before suspending or terminating your account, except where immediate action is necessary to protect the Platform or other users.
• Upon termination, you will have 30 days to export your Content using the Platform's export features. After this period, we may delete your Content in accordance with our data retention practices described in our Privacy Policy.
• You may terminate your account at any time by contacting vlad@snip-snip.org or using the account management features on the Platform.
• Termination does not relieve you of any obligations accrued before the date of termination, including any outstanding payment obligations.

17. Dispute Resolution

• These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.
• If a dispute arises in connection with these Terms or your use of the Platform, the parties agree to first attempt to resolve the dispute through informal negotiation in good faith for a period of at least thirty (30) days from the date of written notice of the dispute.
• If the dispute is not resolved through informal negotiation, the parties agree to submit the dispute to mediation administered by the Resolution Institute (or its successor body) in Sydney, New South Wales, before commencing any court proceedings.
• If the dispute is not resolved through mediation within sixty (60) days of the mediator's appointment, either party may commence proceedings in the courts of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of those courts.
• Nothing in this section prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.

18. Changes to These Terms

• We may update these Terms from time to time. For material changes, we will provide at least thirty (30) days' prior notice through the Platform (e.g., via a banner or notification) or by email to the address associated with your account.
• Material changes include, but are not limited to: changes to limitation of liability, dispute resolution, cross-border data transfer practices, or the introduction of new fees.
• For material changes, you will be required to re-accept the updated Terms before continuing to use the Platform. If you do not accept the updated Terms, you may terminate your account in accordance with Section 16.
• For non-material changes (e.g., clarifications, formatting), continued use of the Platform after the changes are posted constitutes acceptance of the revised Terms.

19. Severability and General Provisions

• If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
• Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• These Terms, together with the Privacy Policy and any subscription agreement, constitute the entire agreement between you and dFortix.ai with respect to your use of the Platform and supersede all prior or contemporaneous agreements, representations, and understandings.
• You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

20. Contact Us

• If you have any questions about these Terms, please contact us at:
• Mercury Road Equipment Pty Ltd (ABN 36 614 422 187), trading as dFortix.ai
• Email: vlad@snip-snip.org
• We will endeavour to respond to enquiries within a reasonable timeframe.