Terms of Service

01 / Acceptance of Terms

By creating an account, clicking "I agree", accessing, or otherwise using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company, organisation, government, or other legal entity (an "Organisation"), you represent and warrant that you have the authority to bind that Organisation, in which case "you" refers to that Organisation. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not access or use the Service.

The Service is intended for use by professional engineers, drafters, estimators, students, and other individuals with a legitimate interest in structural and geotechnical engineering analysis. If you are using the Service on behalf of an Organisation, you represent that you have the authority to bind that Organisation to these Terms.

02 / Description of Service

OZR Labs provides cloud-based engineering analysis tools and related services, including (without limitation):

Wind Site Analyzer — automated site wind analysis consistent with AS/NZS 1170.2:2021 and AS 4055;
Pad Footing Designer — isolated pad footing design per AS 3600;
Steel Connection Designer — steel member connection capacity checks per AS 4100;
Portal Frame Designer — portal frame analysis per AS 4100 / AS 1170;
Continuous Beam Designer — multi-span continuous beam analysis;
3D Structural Viewer — interactive 3D viewport for structural models;
Tilt-Panel Designer — AS 3600 tilt-up panel design;
Any additional calculators, reports, or APIs made available by OZR Labs from time to time.

The Service is provided on a software-as-a-service (SaaS) basis and is accessible via web browser, mobile application, or other interfaces as OZR Labs may make available. New features, calculators, and reports may be added, modified, or removed at any time, with or without notice, subject to these Terms.

OZR Labs reserves the right to add, modify, or discontinue any feature or calculator, in whole or in part, at any time, with or without notice. Where reasonably practicable, OZR Labs will provide advance notice of material changes via in-product notification, email, or the Service's status page.

03 / Account Registration & Security

To access the Service you must register for an OZR Labs account. When you register, you agree to:

Provide accurate, current, and complete information about yourself ("Registration Data") and your Organisation;
Maintain and promptly update the Registration Data to keep it accurate, current, and complete;
Maintain the security and confidentiality of your login credentials, API keys, and any other authentication factors;
Promptly notify OZR Labs at security@ozrlabs.io if you become aware of any unauthorised use of your account or any other breach of security;
Accept all risks of unauthorised access to your Registration Data and your account.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not you authorised them. OZR Labs will not be liable for any loss or damage arising from your failure to comply with this Section.

OZR Labs may, at its sole discretion, require multi-factor authentication ("MFA") for access to the Service. If MFA is enabled, you agree to configure it in accordance with our security policies and to keep your MFA factors current. OZR Labs may also enforce password complexity, session timeouts, and device-binding rules at any time.

04 / Subscription & Payment

The Service is offered under several subscription tiers (currently Free, Solo, Individual, and Professional). Each paid tier includes the features, usage limits, and pricing published on our website at the time of purchase. By selecting a paid tier you agree to pay the applicable subscription fees and any related taxes.

Billing. Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on the plan you select). All fees are stated in Australian dollars (AUD) and are exclusive of GST, VAT, or other applicable taxes, which will be added at checkout unless otherwise stated. You authorise us (or our payment processor) to charge your chosen payment method for all fees and applicable taxes.

Auto-renewal. Subscriptions automatically renew at the end of each billing cycle for an additional period equal to the original subscription term (e.g., monthly or annually) unless you cancel at least twenty-four (24) hours before the end of the then-current term. Renewal charges will be made at the then-current subscription rate. OZR Labs may change subscription fees for any renewal term by giving you at least thirty (30) days' notice before the renewal date.

Price changes. OZR Labs may revise subscription fees at any time. For existing subscribers, the new fees will take effect at the start of the next renewal term following at least thirty (30) days' notice. Continued use of the Service after the fee change takes effect constitutes acceptance of the new fees.

Payment methods. Payments are processed by Stripe Payments Australia Pty Ltd ("Stripe") or another PCI-DSS compliant payment processor we may nominate from time to time. By submitting payment information, you authorise us to charge your payment method via our payment processor. You agree to keep your payment information current and accurate.

05 / Free Trial

OZR Labs may, at its sole discretion, offer a free trial of the Service for a specified period (currently fourteen (14) days) from the date you create your account ("Free Trial"). During a Free Trial, you will have access to the features and usage limits of the tier you selected at signup without charge.

Unless you cancel before the end of the Free Trial, your account will automatically convert to a paid subscription at the published monthly rate for the tier you selected. OZR Labs will notify you by email before the Free Trial ends to remind you of the upcoming charge.

OZR Labs reserves the right to withdraw or modify Free Trial offers at any time, in its sole discretion, without notice. Abusing a Free Trial (for example, by creating multiple accounts to extend the trial period) is a breach of these Terms and may result in suspension or termination of your account.

06 / Cancellation & Refunds

Cancellation by you. You may cancel your subscription at any time via the Account Profile page or by contacting us at support@ozrlabs.io. Cancellation takes effect at the end of your then-current billing cycle, and you will continue to have access to the Service until that date.

No refunds for partial periods. Except as required by Australian Consumer Law (see below), OZR Labs does not provide refunds or credits for partial billing periods, unused capacity, or accounts downgraded mid-cycle.

Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict, or modify any guarantee, right, or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law (including in relation to the supply of services that are not of "acceptable quality" or that are "not fit for purpose"). If we are unable to provide the Service in accordance with these consumer guarantees, you are entitled to a re-supply of the Service or, where that is not possible, a refund. Where the Service has been supplied for a period, we may offer a pro-rata refund for the unexpired portion of the subscription.

Cooling-off rights for renewals. Under the Competition and Consumer Regulations 2010 (Cth), you may have a ten-business-day cooling-off period in respect of a renewed subscription. To exercise this right, contact us at support@ozrlabs.io within ten business days of the renewal date.

07 / Acceptable Use

You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service. Specifically, you agree NOT to:

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, underlying algorithms, ideas, or trade secrets of the Service, except to the extent expressly permitted by applicable law;
Modify, translate, adapt, or create derivative works of the Service, in whole or in part, except as expressly permitted by these Terms or applicable law;
Resell, sublicense, lease, rent, or otherwise commercially exploit the Service to third parties, except as expressly permitted by a written agreement with OZR Labs;
Use the Service to build a competitive product or service, or to copy any ideas, features, functions, or graphics of the Service;
Use the Service to store or transmit any material that is unlawful, infringing, defamatory, obscene, harassing, hateful, or otherwise objectionable;
Attempt to gain unauthorised access to, interfere with, damage, or disrupt any part of the Service, the server on which it is stored, or any connected computer or database;
Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express prior written consent;
Upload or transmit viruses, malware, ransomware, or any other code designed to damage, disrupt, or misappropriate the Service or any other system;
Use the Service in any way that violates applicable law or regulation (including the Privacy Act 1988 (Cth), the Competition and Consumer Act 2010 (Cth), and any applicable state or territory legislation);
Abuse the Service (including by exceeding reasonable rate limits, attempting to bypass usage limits, or by automated scraping); or
Assist or permit any third party to do any of the above.

OZR Labs may, but is not obliged to, monitor use of the Service for compliance with these Terms. We may suspend or terminate the account of any user who, in our reasonable opinion, breaches this Section, without liability and without prior notice.

08 / Intellectual Property

All intellectual property rights in the Service, including the underlying source code, object code, algorithms, user interfaces, designs, databases, trademarks (including the OZR Labs wordmark and logo), reports, templates, and documentation, are and will remain the exclusive property of OZR Labs and its licensors. Nothing in these Terms transfers any intellectual property rights in the Service to you, except the limited licence to use the Service in accordance with these Terms.

You retain all intellectual property rights in the input data you upload to the Service (such as project parameters, geometry, loads, and material properties) and in the engineering output reports generated by the Service specifically for your projects. You grant OZR Labs a worldwide, non-exclusive, royalty-free licence to use, host, reproduce, modify, and display your input data and output reports solely as necessary to provide the Service to you, including:

Performing the engineering analyses you request;
Generating, storing, and delivering your reports;
Providing customer support;
Maintaining, securing, and improving the Service;
Aggregating and de-identifying data for analytics and research.

You may export your input data and generated reports at any time in standard formats (PDF, JSON, CSV). Upon termination of your account, OZR Labs will retain your data for thirty (30) days in accordance with our data retention policy, after which it will be deleted in accordance with our Privacy Policy.

The OZR Labs name, logo, and product names are trademarks of OZR Labs Pty Ltd. You may not use any OZR Labs trademark, trade name, or branding (including in any marketing materials, press releases, social media, or other public-facing communications) without OZR Labs' prior written consent.

09 / User-Generated Content

The Service may allow you to upload, submit, store, send, or receive content, including project data, comments, notes, and other materials ("User Content"). You retain all intellectual property rights in your User Content, subject to the licence granted in Section 8.

You represent and warrant that you own or have the necessary rights to use and authorise OZR Labs to use your User Content as contemplated by these Terms, and that your User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party, or violate any applicable law.

OZR Labs does not control, endorse, or guarantee the accuracy, integrity, or quality of User Content. Under no circumstances will OZR Labs be liable for any loss or damage of any kind arising from your reliance on User Content posted by other users of the Service.

OZR Labs reserves the right (but not the obligation) to monitor, review, or remove any User Content at any time, in our sole discretion, including if we believe it breaches these Terms or any applicable law.

10 / Privacy & Data Collection

OZR Labs collects, uses, stores, and discloses personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and the Notifiable Data Breaches scheme. Our practices are described in detail in our Privacy Policy, which forms part of these Terms. By accepting these Terms, you also acknowledge that you have read and agreed to the Privacy Policy.

You agree that OZR Labs may collect, use, and disclose your personal information for the purposes set out in these Terms and our Privacy Policy, including (without limitation) to provide the Service, to process payments, to communicate with you, to comply with our legal obligations, and to improve the Service.

11 / Third-Party Services

The Service depends on, or interoperates with, third-party services (collectively, "Third-Party Services"), including:

Map and terrain data: NASA SRTM elevation data, the Copernicus GLO-30 DEM, Google/Microsoft Open Buildings, OpenStreetMap data, OpenTopoData, and the National Computational Infrastructure (NCI) DEA Land Cover raster;
Geocoding and map tiles: OpenStreetMap, Google Maps, and Mapbox;
Payment processing: Stripe Payments Australia;
Cloud hosting: Amazon Web Services (Sydney / ap-southeast-2 region);
Email delivery: Postmark or another transactional email provider;
Error monitoring and analytics: Sentry, Google Analytics, or similar services.

OZR Labs does not control, endorse, or warrant any Third-Party Service and is not responsible for the accuracy, availability, or content of any Third-Party Service. Your use of any Third-Party Service is at your own risk, subject to the terms of that Third-Party Service.

12 / Engineering Outputs Disclaimer

The Service is an engineering design aid only. The Service produces engineering analyses, calculations, and reports based on user-supplied input data and industry-standard formulas. While the Service implements formulas consistent with the relevant Australian and international standards (AS 3600, AS 4100, AS 1170.2, AS 4055, AS 3600, etc.), the accuracy of the output depends entirely on:

The accuracy and completeness of the input data you provide;
The suitability of the chosen design assumptions, coefficients, load combinations, and boundary conditions;
The correct interpretation of the calculation results in the context of your specific project; and
Independent verification by a qualified, registered engineer.

You acknowledge and agree that the Service is not a substitute for the professional judgement of a qualified, registered engineer (RPEQ, RPEV, CPEng, or equivalent) licensed in the relevant jurisdiction. All engineering outputs generated by the Service must be independently reviewed, checked, and signed off by a registered engineer before being relied upon for any design, construction, or regulatory purpose.

Where outputs are required for regulatory submission, building approval, or construction, the responsible engineer of record must satisfy themselves that the inputs, assumptions, and outputs are appropriate for the specific project. OZR Labs makes no representation that any output is suitable for regulatory submission without independent verification.

13 / Disclaimer of Warranties

To the maximum extent permitted by applicable law (including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law), the Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including (without limitation) warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, or that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

OZR Labs does not warrant that:

The Service will meet your particular requirements or expectations;
The Service will be uninterrupted, timely, secure, or error-free;
The results obtained from the use of the Service will be accurate or reliable;
Any errors in the Service will be corrected;
The Service, the servers on which it is hosted, or any communications sent from or on behalf of OZR Labs are free of viruses, malware, or other harmful components.

You assume full responsibility for your use of the Service, including any reliance on the engineering outputs produced by the Service.

Nothing in these Terms is intended to exclude, restrict, or modify any guarantee, right, or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law. Where the Australian Consumer Law applies and grants you a statutory guarantee in respect of the supply of services that cannot be excluded, our liability for breach of that guarantee 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

To the maximum extent permitted by applicable law (including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law), in no event will OZR Labs, its directors, officers, employees, contractors, agents, licensors, successors, or assigns be liable for any:

Indirect, incidental, special, consequential, or punitive damages;
Loss of profits, revenue, business, goodwill, anticipated savings, contracts, or commercial opportunities;
Loss of data, projects, or engineering outputs;
Loss of use, business interruption, or cost of substitute services;
Personal injury, property damage, or structural failure arising from reliance on engineering outputs produced by the Service; or
Any other indirect or consequential loss of any kind,

arising out of or in any way connected with the use of, or inability to use, the Service, regardless of the form of action (contract, tort, statute, or otherwise), even if OZR Labs has been advised of the possibility of such damages.

Where OZR Labs' liability cannot be excluded (including under the Australian Consumer Law), OZR Labs' total aggregate liability to you for all claims arising out of or relating to the use of, or inability to use, the Service is limited to the total amount actually paid by you to OZR Labs for the Service in the twelve (12) months immediately preceding the event giving rise to the claim (or, if you have not paid OZR Labs any fees, AUD $100).

15 / Indemnification

You agree to defend, indemnify, and hold harmless OZR Labs, its directors, officers, employees, contractors, agents, licensors, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

Your access to or use of the Service;
Your violation of these Terms;
Your violation of any third-party right, including intellectual property or privacy rights;
Any claim that your User Content caused damage to a third party;
Any structural failure, property damage, or personal injury arising from your reliance on an engineering output produced by the Service, including your failure to obtain independent verification by a registered engineer; or
Any fraudulent, negligent, or wilful act or omission by you.

This indemnification obligation will survive the termination of these Terms and your use of the Service.

16 / Termination

Termination by you. You may terminate your account and these Terms at any time, for any reason, by:

Using the "Delete Account" function in the Account Profile page; or
Contacting us at support@ozrlabs.io.

Termination by OZR Labs. OZR Labs may terminate these Terms, your account, or your access to the Service at any time, with or without cause, with at least thirty (30) days' notice for paid subscribers. OZR Labs may terminate immediately, without notice, if:

You breach any material provision of these Terms;
Your use of the Service poses a security, legal, or operational risk;
You fail to pay any fees when due;
You become insolvent, enter liquidation, or are otherwise unable to pay your debts as they fall due; or
OZR Labs is required to do so by law.

Upon termination, your right to use the Service ceases immediately. Any fees paid in advance for the unused portion of the subscription period may be refunded in accordance with our refund policy and the Australian Consumer Law (see Section 6).

17 / Suspension

In addition to its right to terminate, OZR Labs may, at its sole discretion and without liability to you, suspend or restrict your access to the Service immediately, with or without notice, if:

You fail to pay any fees when due;
You breach any provision of these Terms or our Acceptable Use Policy (Section 7);
Your use of the Service poses a security risk, a risk to the integrity of the Service, or a risk to other users;
OZR Labs is required to do so by a court order, law enforcement request, or other legal process; or
OZR Labs reasonably believes that suspension is necessary to protect the Service, its users, or third parties.

OZR Labs will use reasonable efforts to notify you of a suspension and the reason for it, unless doing so would compromise the security of the Service or other users. Suspension does not relieve you of your obligation to pay any fees accrued before or during the suspension.

18 / Modifications to Terms

OZR Labs may modify these Terms at any time. If we make material changes, we will provide at least thirty (30) days' notice before the changes take effect by posting the updated Terms on the Service, sending an email to the address associated with your account, or displaying an in-product notification.

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and may close your account in accordance with Section 16.

For changes that materially affect your rights (for example, changes to the limitations on our liability, or changes to the data we collect), we may require you to re-accept the updated Terms before continuing to use the Service.

Non-material changes (for example, clarifications, typographical corrections, or updates to contact information) may take effect immediately upon posting.

19 / Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms (including any question regarding its existence, validity, or termination) ("Dispute"), the parties shall use the following procedure:

Negotiation. The parties shall first attempt to resolve the Dispute through good-faith negotiation. Either party may initiate negotiation by sending written notice of the Dispute to the other party. The parties shall meet (in person or by teleconference/videoconference) within thirty (30) days of such notice to attempt to resolve the Dispute in good faith.
Mediation. If the Dispute is not resolved within sixty (60) days of the initial notice, the parties shall refer the Dispute to mediation administered by the Resolution Institute (or another mediator mutually agreed by the parties). The mediation shall take place in Brisbane, Queensland, and shall be conducted in accordance with the Resolution Institute's Mediation Rules. The costs of the mediation shall be borne equally by the parties.
Litigation. If the Dispute is not resolved by mediation within sixty (60) days of the referral to mediation, either party may commence legal proceedings in the courts of Queensland, Australia (see Section 20).

Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction to protect its intellectual property or confidential information.

20 / Governing Law

These Terms, and any Dispute arising out of or relating to these Terms, are governed by the laws of Queensland, Australia, without regard to its conflict-of-laws principles. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland (and the courts entitled to hear appeals from those courts) for the resolution of any Dispute.

Nothing in this Section limits OZR Labs' right to seek urgent injunctive or equitable relief in any court of competent jurisdiction.

21 / Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that most closely reflects the original intent of the parties.

22 / Entire Agreement

These Terms (including our Privacy Policy and any other documents referenced herein) constitute the entire agreement between you and OZR Labs with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and OZR Labs with respect to the Service.

No representation, statement, or inducement (whether oral or written) not contained in these Terms shall be of any force or effect.

Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorised representative of OZR Labs. The failure of OZR Labs to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23 / Contact Information

If you have any questions about these Terms, please contact us:

OZR Labs Pty Ltd
Operating name: OZR Labs
Registered office: Brisbane, Queensland, Australia
Email: legal@ozrlabs.io
Support: support@ozrlabs.io
Privacy: privacy@ozrlabs.io

We will respond to your enquiry within a reasonable time, generally within ten (10) business days.

CONTACT US