Terms of Service

Effective 3 October 2026 · SpecBrief Pty Ltd · ABN 31 701 788 856 · Previous versions are available on request

These Terms cover your business's use of SpecBrief: your account and users, uploads, credits, Briefs and the API. They're a binding agreement between your business and SpecBrief Pty Ltd, so please read them.

Summary

SpecBrief is a decision-support tool for businesses. It doesn't give engineering advice, certify compliance or do quantity take-off.
Someone qualified must check each brief against the source documents before you use it to price, order, build or decide on a tender.
A brief is for your business only. No one else can rely on it, and it can't be presented as our advice.
Only upload documents you're allowed to share. If you upload one you weren't allowed to, you're responsible for the consequences.
Credits are prepaid, don't expire and never renew automatically. Web reads show the charge before you confirm, API reads follow clause 15, and a failed read isn't charged.
Our liability is limited, and it may be reduced if skipping the source check contributed to a loss. Your Australian Consumer Law rights still apply.
We use your documents only to run, secure and support SpecBrief, as set out in the Privacy & Data Handling notice. We never use them to train or improve any model.
This summary and the "In short" notes are a reading guide. The numbered clauses are the terms that apply.

Parties and acceptance

In short: this is an agreement between your business and SpecBrief Pty Ltd. You accept it by ticking the box or using SpecBrief. If you accept for a company, you need authority to do so. SpecBrief is for business use by people aged 18 or over.

These Terms of Service ("Terms") are made between SpecBrief Pty Ltd (ABN 31 701 788 856, ACN 701 788 856) ("SpecBrief", "we", "us" or "our") and the organisation or person that creates an account, accepts these Terms or uses the Service ("you", "your" or the "Customer"). They set out the terms on which SpecBrief makes the Service available to you in Australia.

You accept these Terms, and agree to be bound by them, when you tick or click to agree to them, confirm an upload or a purchase that refers to them, or otherwise use the Service, whichever happens first. You accept these Terms electronically, and notices and records in electronic form satisfy any requirement for writing.

If you use the Service for an organisation, you confirm that you are authorised to accept these Terms for that organisation, and the organisation is bound by them. In that case "you" means the organisation, and each person who uses the Service for it does so as its Authorised User. If you do not have that authority, or you do not agree to these Terms, you must not use the Service.

You acquire SpecBrief for business purposes, not for personal, domestic or household use, and you confirm this when you accept these Terms. A business customer may still have consumer rights under Australian Consumer Law; business use does not waive those rights. Users must be at least 18 years old.

SpecBrief may decline to open an account or accept a purchase where it reasonably considers that the request is not for a genuine business purpose, would breach these Terms or the law, or would expose SpecBrief or other customers to a security risk. SpecBrief will tell you if it declines, and will refund any amount it has already received for the declined purchase.

Definitions

In short: capitalised words have the meanings listed here.

In these Terms, unless the context requires otherwise:

Account: the account for your organisation in the Service, including its settings, Authorised Users, API keys, Credit balance, Briefs and records.
Agreement: the documents described in clause 4, as they apply to you.
API: any application programming interface or other programmatic means of access that SpecBrief makes available as part of the Service, and API key means a credential issued for it.
Australian Consumer Law: Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Authorised User: an individual whom you, or an administrator of your Account, have invited to or permitted to use the Account, including an administrator.
Brief: the decision-support output the Service generates from a Pack, in any format in which it is displayed or downloaded, including any figures, extracted requirements, conflicts, coverage information and suggested RFIs in it.
Business Day: a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.
Claim: a claim, demand, action or proceeding, however arising, whether present or future, and whether in contract, tort (including negligence), under statute or otherwise.
Confidential Information: has the meaning given in clause 14.
Credit: the unit by which a Pack is measured and charged under clause 15, including a Trial Credit.
Customer Materials: the tender documents and other files, text and information that you or your Authorised Users upload or submit to the Service, including through the API.
Data Processing Schedule: the document published at /dps.html, as updated under these Terms.
Fees: the amounts payable for the Service, including the price of Credits.
Intellectual Property Rights: all present and future rights in copyright, trade marks, designs, patents, inventions, databases, confidential information, know-how and similar rights, whether or not registered and anywhere in the world.
Loss: any loss, damage, cost, expense or liability, including reasonable legal costs.
Output: any content generated by the Service using an AI model, including any Brief or part of a Brief.
Pack: the Customer Materials you submit for a single read.
Privacy & Data Handling notice: the document published at /privacy.html, as updated under these Terms.
Security & Data Processing page: the page published at /security.html, which describes how the Service is protected and names its providers.
Service: the SpecBrief web application at app.specbrief.com.au, the API, the Briefs and related support, as described in clause 5.
Trial Credit: the single introductory Credit described in clause 15.

Interpretation

In short: the standard rules for reading these Terms.

In these Terms, unless the context requires otherwise:

headings, the summary and the "In short" notes are for convenience only and do not affect the meaning of these Terms;
the singular includes the plural and the reverse;
the words "including", "for example" and similar expressions do not limit what comes before them;
a reference to a person includes a company, partnership, joint venture, association, government body or other entity, and that person's successors and permitted assigns;
a reference to a law includes any regulation or instrument made under it and any amendment or replacement of it;
a reference to a clause is to a clause of these Terms;
a reference to a document or page includes it as updated under these Terms;
amounts are in Australian dollars;
a reference to time is to the time in Sydney, New South Wales.

Documents forming the Agreement

In short: these Terms, the Data Processing Schedule and the Privacy & Data Handling notice make up the Agreement. If they conflict, the order below applies.

The Agreement between you and SpecBrief consists of:

any written order or agreement signed by both parties;
the Data Processing Schedule, which forms part of these Terms;
these Terms;
the Privacy & Data Handling notice, which forms part of these Terms; and
the offer, price and charge shown to you in the Service when you confirm a purchase or a read.

Order of documents. If documents conflict, this order applies: (1) a written order or agreement signed by both parties, to the extent it expressly changes these Terms; (2) the Data Processing Schedule, on a data-processing question; (3) these Terms; (4) the Privacy & Data Handling notice; (5) other published pages, such as the Security & Data Processing page, which describe how the Service operates. The price and Credit charge you expressly confirm govern that purchase or read; a general description on another page does not override them. The terms of SpecBrief's own providers never reduce SpecBrief's commitments to you.

The Website Terms of Use apply to the public website only. They do not change how these Terms apply to the Service.

The Service and its limits

In short: SpecBrief reads tender documents and gives you a cited Brief. It isn't a take-off, engineering advice or a compliance check. It can miss things, and it doesn't supply Australian Standards.

SpecBrief reads construction tender documents and produces a source-cited decision-support Brief. A Brief can include extracted requirements, calculated figures, document conflicts, coverage information and suggested RFIs. A Brief distinguishes information extracted from the Pack from calculations performed by SpecBrief's software. Extracted numbers, such as specified strengths, dates and limits, may come from the AI model's reading of the documents; they are not independent measurements. Calculated results use the available inputs and stated assumptions. Source references identify the supporting document and, where available, its page or clause. An RFI or a missing-input warning may have no source because the information was not found.

SpecBrief is not quantity take-off, engineering advice, certification, a compliance guarantee or a substitute for reading the source documents. It does not make a tender decision for you and does not tell you what to price. SpecBrief does not promise that a Brief captures every requirement in a Pack.

SpecBrief cites Australian Standards by reference. SpecBrief does not supply Australian Standards or any other third-party publication; you are responsible for holding current, properly licensed copies of the standards that govern your work.

The Service accepts the file types, sizes and page counts described in the Service at the time of upload. A Pack can be incomplete, corrupt, password-protected, image-only or outside the service limits. When the Service cannot read part of a Pack, it aims to identify that limitation rather than present the result as complete.

SpecBrief may improve and change the Service from time to time, including by adding, changing or removing features, file types, formats or providers. SpecBrief will not make a change that materially reduces the Service you have already paid for without giving you reasonable notice, and clause 24 applies if SpecBrief ends the Service.

SpecBrief may offer a feature marked as a preview, pilot or trial. That feature is provided so you can evaluate it, may change or be withdrawn at any time, and is otherwise governed by these Terms.

You remain responsible for your tender, price, supply decisions, professional judgement and compliance with the contract, specifications and applicable standards.

Checking a Brief is a condition of use

In short: someone qualified in your business must check a Brief against the source documents before you rely on it. If a loss happens because nobody checked, our liability for it is reduced.

Before a Brief, or any figure, requirement or conclusion in it, is used for pricing, ordering, construction, a structural or safety decision or a tender submission, it must be checked by a competent person against the source documents. A Brief must not be the only basis for any of those decisions. Use the source references to make that check. A missing reference, missing input or unverified item is a reason to check the Pack or raise an RFI, not evidence that a requirement does not apply.

A competent person is someone with the training, experience and knowledge of the relevant trade, contract and standards to recognise whether an extracted requirement, figure or conflict is correct and complete for the decision being made.

Where loss is caused or contributed to by a decision made without that check, SpecBrief's liability for that loss is reduced to the extent of that cause or contribution, as set out in clause 21.

Access, Authorised Users and acceptable use

In short: use SpecBrief for your own business. Don't resell it, scrape it, attack it, try to trick the AI, get around the credit meter or use it to build a competing product. Automated access is through the API only.

Right to use. Subject to these Terms and payment of the applicable Fees, SpecBrief grants you a non-exclusive, non-transferable right, subject to suspension or termination under clauses 12 and 24, for as long as your Account is open, to access and use the Service, and to permit your Authorised Users to do so, for your internal business purposes.

Authorised Users. Only Authorised Users may use your Account. You are responsible for inviting and removing Authorised Users, for the access rights you give them, and for their acts and omissions in using the Service as if they were your own. You must remove an Authorised User's access promptly when it is no longer needed.

Use limitations. You must not, and must not allow anyone else to:

sell, resell, rent, lease, sublicense or otherwise make the Service available to anyone other than your Authorised Users, or use it to provide a bureau or outsourced service to others, except as SpecBrief agrees in writing;
copy, modify, adapt, translate or create derivative works of the Service, or reverse engineer, decompile or attempt to obtain its source code, prompts or models, except as law permits;
upload unlawful material, malware, or material that you are not allowed to provide;
upload health, biometric or other sensitive information, or government identity documents, that the tender does not require;
send tender packs by email;
misuse the Service, attempt unauthorised access, scrape or systematically extract it, reverse engineer it, or use it or its content to train, fine-tune or benchmark a competing service or model, except as law permits;
place instructions in a document intended to manipulate the AI model, bypass a safeguard, or obtain another customer's information;
circumvent usage limits, Credit metering or rate limits, including by opening additional accounts to obtain further trial Briefs;
probe, scan, load-test or penetration-test the Service without SpecBrief's written permission (good-faith security reports are welcome at security@specbrief.com.au);
use the Service in breach of a tender's rules, a confidentiality obligation, sanctions law or any other law; or
help or encourage anyone else to do any of these things.

Conduct affecting the Service. You must not use any device, software, script or other means that is outside the ordinary use of the Service and that could affect the proper working of the Service for SpecBrief or any other customer. This includes placing an unreasonable or excessive load on the Service; interfering with or disrupting its servers or networks; introducing any virus or other harmful code; accessing or attempting to access data that is not intended for you; sharing a sign-in or using someone else's; and attempting to get around authentication, security or rate limits.

Automated access. The API is the only permitted means of automated or programmatic access to the Service. Using a bot, crawler, scraper, browser automation or AI agent to operate the web application, or to extract content from it in bulk, is not permitted unless SpecBrief agrees in writing.

Reasonable use. The Service is provided to help your business review and prepare tenders for construction work. SpecBrief may refuse or stop a use of the Service that it reasonably considers is outside that purpose or breaches this clause 7. You agree to co-operate with SpecBrief's reasonable requests in investigating and fixing a suspected breach.

SpecBrief may suspend or refuse a request where it reasonably considers the upload or use unsafe, unlawful or unauthorised, in the manner set out in clause 12.

Sensitive or restricted project information

In short: SpecBrief isn't built for classified or security-sensitive government material. Only upload documents about defence, critical infrastructure or similar sites if you're allowed to share them. We don't check this for you.

The Service is designed to read commercial construction tender documents. It is not designed for, and must not be used to store or process, information that is security classified, controlled under export, defence or security laws, or subject to a government protective marking that restricts its handling to approved systems.

You are responsible for deciding whether any document in a Pack contains sensitive or restricted information before you upload it. Without limiting clause 7, you must not upload information relating to defence or national security facilities, police, corrections, emergency services or courts, hospitals, or energy, water, telecommunications, transport or other critical infrastructure assets unless you are authorised to disclose that information to SpecBrief and its providers for the purposes described in these Terms. Such information can include security layouts, schematics, access and control arrangements, locations of sensitive equipment and operational constraints.

SpecBrief does not review, classify or assess whether Customer Materials contain sensitive or restricted information. Where SpecBrief reasonably believes that Customer Materials may contain such information or may otherwise create a legal, regulatory or security risk, it may stop processing them, restrict access to them or ask you to delete them, and it will tell you why unless the law prevents it.

Using a Brief

In short: a Brief is for your business. You can share extracts with your advisers and suppliers, but no one else can rely on it, and it can't be presented as our advice.

A Brief is prepared for your organisation's internal use in preparing its own tender and business decisions. No person other than you may rely on a Brief, unless SpecBrief agrees in writing.

You may share extracts with your advisers and suppliers for that purpose, but you must not present a Brief, or any part of it, as a statement, advice or certification by SpecBrief, and you must not remove or obscure the notices that appear on a Brief.

If you give a Brief to anyone else, you are responsible for making sure they understand it is decision-support that must be checked against the source documents.

You must not publish a Brief, or use it in marketing or in a submission to a principal, as evidence of compliance, except as a document prepared by your own business and checked under clause 6.

AI processing and Output

In short: an AI model reads your documents. It can be wrong, miss things or give different results each time. Treat the Output as a starting point to check.

The Service uses a third-party AI model to read and extract information from a Pack. The AI model provider in use, and the terms that govern its processing, are named in the Privacy & Data Handling notice and on the Security & Data Processing page.

AI extraction can miss or misread content, especially scanned pages, tables and drawings. Outputs may differ between runs of the same pack, and Briefs for different customers may contain similar wording.

You acknowledge and agree that:

Output is provided to support your own review and is not professional, engineering, legal, financial or estimating advice;
you are responsible for checking and interpreting Output under clause 6 before relying on it, and for how you use it;
the Service does not make decisions with legal or similarly significant effects without human involvement, and every decision made using Output is yours; and
SpecBrief does not use your Customer Materials, Briefs or information extracted from them to train or improve any AI model, and the Privacy & Data Handling notice describes what the AI model provider's terms permit it to do with them.

Please tell SpecBrief promptly if Output appears wrong, incomplete or unexpected. Clause 22 sets out what SpecBrief will do about an error in a Brief.

Accounts, API keys and security

In short: everyone needs their own sign-in. Keep passwords and API keys secret, and tell us straight away if one is compromised. You're responsible for activity on your account and keys unless we caused it.

Each Authorised User must have their own sign-in. Keep account credentials and API keys secure, do not share them, and promptly tell us if you believe an account or key has been compromised.

You must give accurate and current information when you create an Account and keep it up to date, including the email address of at least one administrator who can receive notices under these Terms.

An organisation administrator is responsible for its invited users, for activity under its API keys, and for removing access that is no longer needed. SpecBrief is not responsible for loss caused by use of your credentials or API keys that SpecBrief did not cause.

If you connect to SpecBrief through an API key, your integration must show whoever authorises an upload the upload-authority wording SpecBrief publishes for the API, and you are responsible for the software you connect. SpecBrief may apply rate limits and may disable a key it reasonably believes is compromised or misused.

SpecBrief will protect the Service using the controls described on the Security & Data Processing page, which it may improve over time but will not materially weaken during your use of the Service. No online service is completely secure, and SpecBrief does not promise that the Service will be free from every security incident. If a security incident affects your data, SpecBrief will notify you as set out in the Data Processing Schedule.

Suspension

In short: we can pause access quickly for urgent security or legal reasons. For anything else we'll tell you first and give you a chance to fix it, and any suspension is kept as narrow and short as possible.

SpecBrief uses access controls, rate limits and usage records to help identify misuse. These controls do not detect every breach or every attempt to manipulate the AI model.

SpecBrief may immediately suspend only the access reasonably necessary to respond to an urgent security risk, unlawful use, a legal requirement or a threat to another customer.

For a remediable material breach or non-payment that is not urgent, SpecBrief will give notice and a reasonable opportunity to fix it before suspension or termination.

SpecBrief will explain the reason where legally allowed, keep the restriction no broader or longer than reasonably necessary, and restore access when the reason has been resolved. If you believe access was restricted in error, contact hello@specbrief.com.au and SpecBrief will review the decision promptly.

Suspension does not by itself cancel or forfeit Credits.

Your documents and data handling

In short: your documents stay yours. We use them only to run, secure and support SpecBrief. We never train models on them, sell them or use them for marketing. You confirm at each upload that you're allowed to share them.

You keep ownership of your tender documents. Uploading Customer Materials to the Service does not change who owns them or the Intellectual Property Rights in them.

You grant SpecBrief a limited, non-exclusive right to host, copy and process Customer Materials only to provide, secure and support the Service, and to comply with law. That right includes allowing the providers named in the Privacy & Data Handling notice to process them for those purposes, and ends when the Customer Materials are deleted under that notice.

SpecBrief has no right to use your documents to train its own models, to resell or license them onward, or to use them for marketing. SpecBrief will not use Customer Materials or Briefs to build products for, or give information to, any other customer.

You confirm that you are authorised to upload the documents and permit the processing described in the Privacy & Data Handling notice, including under any applicable confidentiality obligation, NDA, copyright permission or tender condition. SpecBrief asks you to confirm this at each upload, because authority is a statement about the documents in front of you, not a one-off declaration about an account.

The Data Processing Schedule forms part of these Terms. It sets out the roles of each party, the instructions SpecBrief acts on, the particulars of processing, how a change of subprocessor is notified and objected to, retention and deletion, and the security incident path. Where these Terms and that schedule conflict on a data-processing question, that schedule applies.

SpecBrief handles documents and personal information as described in the Privacy & Data Handling notice, which forms part of these Terms. That notice identifies the processing providers, overseas processing, retention and deletion limits.

You are responsible for the personal information in the documents you upload, including that it was lawfully collected and that any notice those individuals are owed has been given. You must not use personal information that you obtain through the Service, such as contact details in a tender document, to send direct marketing, except as the law allows.

Keep your own copy of the source documents and any Brief you need after the retention period stated in the Privacy & Data Handling notice. SpecBrief is not an archive or document-management service. SpecBrief's backups exist to recover the Service after an incident and are not a means of restoring material you have deleted.

Confidentiality

In short: each side keeps the other's confidential information private and uses it only for this Agreement. This covers your tender documents and Briefs, with the exceptions below.

"Confidential Information" means information of a party (the discloser) that is disclosed to or accessed by the other party (the recipient) in connection with the Agreement and that is by its nature confidential or is marked or described as confidential. Your Confidential Information includes Customer Materials and Briefs. SpecBrief's Confidential Information includes non-public information about the Service's security, API, pricing offers and product plans.

SpecBrief treats your documents as confidential and uses them only as described in these Terms or the Privacy & Data Handling notice. You must keep confidential any non-public information about the Service's security, API or commercial offers that SpecBrief gives you.

The recipient must use the discloser's Confidential Information only to exercise its rights and perform its obligations under the Agreement, protect it with at least the care it uses for its own confidential information and no less than reasonable care, and disclose it only to its personnel, providers and professional advisers who need to know it for those purposes and are bound by obligations of confidence no less protective than this clause 14.

This clause 14 does not apply to information that is or becomes public other than through a breach of the Agreement, was lawfully known to the recipient without restriction before it was disclosed, is independently developed by the recipient without use of the Confidential Information, or is lawfully received from a third party without a duty of confidence.

A party may disclose Confidential Information where required by law, court order, a regulator or the rules of a stock exchange. The disclosing party will give notice where legally allowed and practicable, and will disclose only what is required.

SpecBrief will not name you as a customer, or use your name or logo in its marketing, without your prior written consent.

Credits, fees and refunds

In short: you buy prepaid credit packs. Credits don't expire and nothing renews automatically. Web reads show the charge before you confirm, API reads follow the rules below, and a failed read isn't charged. Unused purchases can be refunded within 30 days.

Prepaid packs. New purchases are one-off prepaid Credit packs. Prices are in Australian dollars and are the total payable. SpecBrief is not currently registered for GST and does not charge GST. If SpecBrief becomes registered for GST, it will tell you before any price changes and will issue tax invoices for later purchases. A payment receipt is available from your billing page. There is no automatic renewal, top-up or overage charge.

Credits. Purchased Credits belong to your firm and do not expire or reset monthly. The pilot offers 1 Trial Credit for A$20, once per firm; 10 Credits for A$190; 20 Credits for A$340; and 50 Credits for A$690. One Credit is not a promise of one tender. Credits can be used only in the Account that bought them, cannot be transferred to another firm and have no cash value, except for refunds under this clause 15.

How a read is measured. Each read is measured to two decimal places using the greater of 0.50 Credits, relevant characters divided by 1,444,000, or pages divided by 750. The exact charge is shown before processing starts for signed-in web reads, and you must confirm it. The meter counts relevant extracted characters and document pages as measured by the Service, with a minimum of 0.50 Credits and rounding to two decimal places. Text the Service adds to lay out tables it finds is not counted. A larger Pack uses more Credits at the same rate. Where a read measures more than 1.50 Credits, the Service shows which documents make up most of the charge before you confirm.

API authorisation. Submitting a Pack through the API authorises processing within your Account allowance without a separate confirmation when the measured charge is at most 1.50 Credits. Above that threshold, where your agreed allowance permits the read, the API holds the Pack for confirmation unless your integration has enabled automatic confirmation with a sufficient maximum Credit amount. A maximum amount does not override an Account limit. The API reports the measured charge; your integration must explain these rules to the person authorising the submission.

Reservations and completion. A web confirmation or API authorisation reserves the read's Credits so another read cannot spend them. Credits are spent when the Brief is delivered. Failed processing releases the reservation and does not spend Credits. If a read stops responding, contact support or use the recovery options shown in the Service; an unfinished reservation remains held until it is safely released. You can cancel a held Pack awaiting confirmation without spending Credits. An API submission that starts immediately does not provide a separate cancellation window before processing.

Payment. Payment is taken when you buy a pack, through the payment provider shown at checkout. Credits are added after SpecBrief receives and verifies confirmation of successful payment from the payment provider. Returning from checkout is not itself confirmation. A delayed confirmation can delay the balance update; contact support if payment has completed but Credits have not appeared. Please contact us about a payment problem so we can investigate it. This does not require you to delay a dispute with your payment provider or miss a dispute deadline.

Refunds and disputed charges. You may request a refund of a wholly unused Credit purchase within 30 days of payment through the billing page. Purchases are consumed oldest first; Credits from the purchase that are reserved for processing must be released before an unused-purchase refund can proceed. A reservation covered entirely by an older purchase does not by itself make a later purchase used. Refunds are returned to the original payment method. For a partly used purchase, a disputed charge, or a service failure, contact hello@specbrief.com.au. For a service failure attributable to SpecBrief, we will re-perform the service within a reasonable time or refund the affected fee. A chargeback does not remove your statutory rights.

The unused-purchase policy does not limit any cancellation, refund, re-supply or compensation right available under Australian Consumer Law. Credits associated with a payment dispute are held while the payment and any refund are reconciled. Credits corresponding to refunded or reversed payments are withdrawn; if already spent, the resulting balance must be reconciled before further reads.

Price changes. SpecBrief may change the price of Credit packs for future purchases by updating the price shown in the Service. A price change never changes the price of a pack already bought or the Credits already in your Account.

Existing arrangements. These packs do not silently replace an existing paid entitlement or written offer. Contact us to reconcile any remaining balance before changing billing. No founding discount applies to new pilot purchases unless separately agreed in writing.

Existing subscriptions only. An existing monthly subscription renews for another month unless you cancel before the next billing date. After cancellation, no later subscription fee is charged; access continues until the end of the period already paid for. There is no additional cancellation fee. New Credit packs are not subscriptions.

Intellectual property

In short: your documents belong to you or their owner. We own our software and methods. Once you've paid, you can use your Brief within your business. We can use suggestions you send us, but never your documents.

Your tender documents and the intellectual property in them remain yours or their existing owner's. No ownership of those source documents transfers to SpecBrief.

SpecBrief owns its pre-existing software, templates, methods and reference material, and all Intellectual Property Rights in the Service and in any improvement to it. Except for the rights expressly granted in these Terms, no Intellectual Property Rights in the Service are transferred or licensed to you.

The generated Brief is a separate service output: once the applicable fees are paid, SpecBrief grants you a non-exclusive licence to use that Brief within your organisation for your own tender and business purposes. That licence continues after your Account closes, subject to the use restrictions in these Terms. It covers copies you have lawfully downloaded; it does not extend the storage period or require SpecBrief to keep an online copy. Any part of your source documents reproduced in a Brief remains subject to the source owner's rights, including any copyright in standards or specifications quoted in it.

You may not copy, resell, reverse engineer or make the Service available to others except as law permits or we agree in writing. No person outside your organisation may rely on a Brief unless we agree in writing.

Name and logo. The SpecBrief name and logo belong to SpecBrief. You may refer to SpecBrief by name to describe accurately how you use the Service, but must not otherwise use its name or logo, or anything confusingly similar, without SpecBrief's written consent.

Feedback. If you give SpecBrief suggestions or feedback about the Service, SpecBrief may use them without restriction or payment. Feedback never includes your documents, Briefs or confidential information, which remain governed by clauses 13 and 14.

You must not infringe SpecBrief's Intellectual Property Rights or represent that you own the Service. This does not prevent a good-faith complaint, a lawful challenge to a claimed right, or the exercise of a right that the law protects.

Availability and third-party providers

In short: we take reasonable care but can't promise SpecBrief is always available. We rely on outside providers and may pause part of the service to protect your information. A new AI provider only gets your documents after we give notice.

SpecBrief will use reasonable care in providing the Service, but does not promise uninterrupted availability or that every document can be read. SpecBrief may carry out planned maintenance and will try to do so at times that limit disruption.

Protective pause and provider changes. SpecBrief relies on third-party providers, including a third-party AI model provider. SpecBrief may pause or restrict all or part of the Service where reasonably necessary to protect information or systems, investigate suspected misuse, contain an incident, comply with law or a binding provider requirement, respond to a serious failure in output quality, or respond to the loss or suspension of a necessary third-party service.

Any pause is limited to the affected function or customer where practicable, notified as soon as practicable unless that would be unlawful or unsafe, and lifted when the reason is resolved.

SpecBrief may replace a model or provider for security, reliability, legal or commercial reasons; a new provider receives customer documents only after the notice set out in the Data Processing Schedule. SpecBrief uses the providers listed on the Security & Data Processing page to deliver the Service and remains responsible to you for their performance under the Agreement.

Outside events

In short: neither side is liable for delays caused by events outside its control, such as an AI provider outage. You aren't charged for a Brief that isn't delivered. After 30 days, either side can end the affected service and unused credits are refunded.

Neither party is liable for delay or failure to perform an obligation, other than an obligation to pay, to the extent it is caused by an event beyond its reasonable control.

Only to the extent they are beyond SpecBrief's reasonable control, those events include the unavailability, withdrawal, suspension, degradation or change of terms of a third-party AI model provider, hosting, database or email provider, as well as internet or power failures, cyber attacks on those providers, industrial action, natural disasters, epidemics and acts of government.

This clause does not excuse a failure caused by a party's own breach or failure to take reasonable precautions, and does not remove a refund or other right that cannot lawfully be excluded. The affected party must tell the other promptly and take reasonable steps to limit the effect. No fee is charged for a Brief that is not delivered.

If an event prevents the Service for more than 30 consecutive days, either party may end the affected subscription or service by notice, and SpecBrief will refund the unused portion of prepaid fees, including unused purchased Credits.

Warranties

In short: each side confirms it can enter this Agreement. You confirm your information is accurate and that you're allowed to upload what you upload. Beyond these Terms and the Australian Consumer Law, we make no other promises.

Each party warrants that it has the power and authority to enter into and perform the Agreement.

You warrant that the information you give SpecBrief when creating an Account or buying Credits is accurate, and that your confirmation of upload authority is true for each Pack you upload.

SpecBrief warrants that it will provide the Service with due care and skill and substantially as described in these Terms and in the Service.

Except as expressly set out in the Agreement, and subject to clause 21 and the Australian Consumer Law, SpecBrief does not give any other warranty or representation about the Service or any Brief, including that a Brief will be complete or error-free, that the Service will meet a requirement you have not told SpecBrief about in writing, or that a tender will succeed.

Your responsibility for your uploads

In short: if someone makes a claim against us because you uploaded something you weren't allowed to, uploaded malware or passed a Brief on in breach of clause 9, you cover that loss, except to the extent we caused it.

You indemnify SpecBrief against loss, liability and reasonable legal costs arising from a claim made by a third party against SpecBrief to the extent the claim arises from:

a document you uploaded that you were not authorised to upload, or whose upload breached a confidentiality obligation, NDA, copyright or tender condition;
unlawful material or malware you uploaded; or
your giving a Brief to another person contrary to clause 9, or presenting it as SpecBrief's statement, advice or certification.

This indemnity does not apply, and is reduced, to the extent the loss was caused by SpecBrief's breach of these Terms, negligence, fraud or wilful misconduct.

SpecBrief will notify you promptly of a claim, take reasonable steps to mitigate its loss, let you take part in the response at your cost, and not settle a claim that you are to pay for without your consent, which you will not unreasonably withhold.

Liability and Australian Consumer Law

In short: some losses are excluded and our liability is capped. For a one-off Brief the cap is the fee for that Brief; subscriptions are covered below. Neither applies to fraud, wilful misconduct or liability the law won't let us limit.

To the maximum extent permitted by law, SpecBrief is not liable for any of the following, however caused: lost profit, revenue, margin or savings; loss of a contract or tender opportunity; wasted estimating, management or staff time; liquidated damages, delay costs, rework or remediation costs under your contracts with others; claims against you by your principals, customers or suppliers; loss or corruption of data of which you did not keep a copy; or any other indirect or consequential loss.

SpecBrief's liability for loss involving missed tender deadlines, source-document omissions or changes, or failure to carry out the check required by clause 6 is reduced only to the extent those matters caused or contributed to the loss. This paragraph does not exclude loss to the extent it was caused by SpecBrief's own breach, negligence or other liability that cannot lawfully be excluded.

Subject to the next paragraphs, SpecBrief's total aggregate liability for all claims connected with a one-off Brief is limited to the fees paid for that Brief. For a subscription, SpecBrief's total aggregate liability for all claims arising in any 12-month period is limited to the fees paid in the three months before the event giving rise to the first claim.

SpecBrief's liability is reduced to the extent that you, your personnel or a third party caused or contributed to the loss.

SpecBrief does not exclude, and these Terms do not contract out of, the operation of Part 4 of the Civil Liability Act 2002 (NSW) or any equivalent proportionate liability law. These limits do not apply to fraud, wilful misconduct or liability that cannot lawfully be limited.

Australian Consumer Law guarantees apply where they cannot lawfully be excluded. Nothing in these Terms excludes, restricts or modifies those guarantees, rights or remedies. Where the law permits a limitation for a non-household service, SpecBrief may choose to supply the Service again or pay the cost of having it supplied again.

Each party must take reasonable steps to mitigate any Loss it suffers in connection with the Agreement.

Errors in a Brief

In short: if you find an error you think we caused, tell us quickly. We'll re-run or correct it at no charge, or refund it if we can't.

If you find an error in a Brief that you believe SpecBrief caused, tell us promptly at hello@specbrief.com.au with the Brief and the source reference.

SpecBrief's first remedy is to re-run or correct the affected part of the Brief at no charge, or refund the fee for it where that is not possible.

Prompt notice lets SpecBrief fix an error before it causes loss, and delay in telling us can contribute to that loss. This clause does not remove any right you have under the Australian Consumer Law.

Changes to these Terms

In short: new versions of these Terms apply to future purchases and uploads, never to a Brief you've already accepted. We'll ask you to accept any new version before your next upload or payment.

SpecBrief may update these Terms for future one-off purchases by publishing the revised version with a new effective date. A revised version never changes a one-off Brief already accepted.

For an existing subscription, SpecBrief will give at least 30 days' notice of a material change to price or these Terms before it takes effect. If you do not accept that change, you may cancel before it takes effect without an additional cancellation fee.

You will be asked to accept a changed version before your next upload or payment. If you do not accept it, you may stop using the Service. If a change materially disadvantages your use of Credits already purchased, you may contact us before accepting the change to close the affected service and request a refund of those unused purchased Credits, even if the purchase is older than 30 days or partly used. Other refunds remain governed by clause 15. This request is handled by support; the billing page's automatic unused-purchase rules do not determine this right.

Previous versions of these Terms are available on request.

Termination and its effect

In short: you can close your account at any time. We can end the Agreement for a serious breach, usually after giving you a chance to fix it. If we close the service and it isn't your fault, unused credits are refunded.

Either party may end an ongoing service by notice. You may close your Account at any time by contacting hello@specbrief.com.au or, where the Service provides it, from your Account settings.

SpecBrief may end the Agreement or close your Account by notice if you commit a material breach of these Terms that cannot be remedied, or that you do not remedy within a reasonable time after notice under clause 12, or if you use the Service unlawfully.

If SpecBrief permanently ends an ongoing service for a reason not caused by your breach, unlawful use or non-payment, it will give reasonable advance notice where practicable, allow you a reasonable opportunity to download any Brief still within its stated retention period, and refund the unused portion of prepaid fees, including unused purchased Credits. Advance notice may be impossible where law, security or an upstream provider requires immediate action.

Before closing your Account, download any Brief still available and contact support to resolve pending reads, purchases or refunds. Closing an Account does not itself submit a refund request or extend a Brief's retention period. On termination, access ends, accrued fees remain payable, and customer documents and Briefs are deleted as described in the Privacy & Data Handling notice and the Data Processing Schedule. If you close your Account, the refund rules in clause 15 apply to your unused Credits.

Clauses about confidentiality, intellectual property, feedback, your responsibility for uploads, liability, accrued fees, disputes and these general terms continue after termination, together with any other clause that by its nature is intended to continue.

Disputes

In short: before going to court, tell the other side about the problem in writing and try to sort it out within 20 business days.

Before starting court proceedings, except for urgent interim relief or action needed to preserve a limitation period or other legal right, a party must give the other written notice of the dispute, and the parties must try in good faith to resolve it within 20 business days of that notice.

The notice must describe the dispute and the outcome sought. During that period each party must make a senior representative with authority to settle the dispute available to meet, in person or by video call.

If the dispute is not resolved within that period, the parties may agree to refer it to mediation, or either party may start proceedings. Each party continues to perform its obligations under the Agreement while a dispute is being resolved, so far as it reasonably can. This process does not prevent a complaint to a regulator, a payment dispute, or the exercise of a statutory right.

General

In short: standard terms that keep the rest of the Agreement working.

Whole agreement. The documents listed in clause 4 are the whole agreement about the Service and replace any earlier discussion or understanding about it. This does not exclude liability for misleading conduct that cannot lawfully be excluded.

Notices. SpecBrief sends notices to the email address of an account administrator. You send notices to hello@specbrief.com.au. An email notice is treated as received when it becomes capable of being retrieved at the nominated address. A failed delivery is not receipt, and the sender must take reasonable steps to use another current contact method if it knows the notice was not delivered. A notice sent after 5pm or on a day that is not a Business Day is treated as received on the next Business Day.

Assignment. SpecBrief may assign or novate these Terms to a person that acquires all or substantially all of the SpecBrief business, and will tell you if it does. You may assign these Terms only with SpecBrief's consent, which will not be unreasonably withheld.

Subcontracting. SpecBrief may use subcontractors and providers to deliver the Service, as described in the Privacy & Data Handling notice and the Data Processing Schedule, and remains responsible for their performance under the Agreement.

Records. SpecBrief's records of acceptance, upload authority, usage and Credits are evidence of what they record unless shown to be wrong.

Severability. If any part of these Terms is void, unenforceable or unfair, it is read down to the extent needed to make it valid. If it cannot be read down, that part is severable and the rest of these Terms continues.

Waiver. A failure or delay in exercising a right is not a waiver of it. A waiver is effective only if given in writing, and only for the matter to which it relates.

Relationship. The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency or employment relationship, and neither party may bind the other.

No third-party rights. These Terms do not give rights to anyone other than the parties.

Further steps. Each party will do anything reasonably required of it to give effect to the Agreement.

Governing law

In short: New South Wales law applies.

These Terms are governed by the laws of New South Wales, Australia, and each party submits to the non-exclusive jurisdiction of its courts and the courts that may hear appeals from them.

Contact

Questions or notices can be sent to hello@specbrief.com.au. Security issues: security@specbrief.com.au. Personal information questions are handled as described in the Privacy & Data Handling notice.