Terms of Service

1. The service

SiteWarden is a construction defect-management platform: capture defects with photos and notes, organise them by project and floor plan, assign them to contractors, and generate reports. The service comprises the SiteWarden mobile app, the optional OnSite AI companion app, our web dashboard, and this website. AI-assisted features run on your device.

We may improve or change features over time; if a change materially reduces the service you pay for, section 13 gives you notice and the right to walk away without penalty.

2. Accounts and eligibility

• You must be at least 18 and using SiteWarden for business purposes.
• Keep your login credentials secure. You are responsible for activity under your account unless it results from our failure.
• Information you provide must be accurate and kept up to date.

3. Roles: owners, admins and contractors

• Workspace owners and admins control their workspace, its projects and who can see them, and are responsible for inviting the right people.
• Contractors receive defects assigned to them. When a defect is sent to a contractor, the contractor gains permanent read access to that defect and the minimum related content needed to act on it (including photos and the project it belongs to). This access survives changes in the workspace and account deletion — it exists so contractors keep a lasting record of work they were engaged to do.
• Contractors cannot edit the owner’s source defect data; they can add their own evidence and updates.
• Everyone only ever sees what the platform’s access rules grant their role.

4. Your content

• You own your content (photos, videos, plans, notes, reports). You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, display and back up that content solely to operate and support the service — including showing it to workspace members and assigned contractors per section 3. This licence ends when the content is deleted from the service, except for the retention described in our Privacy Policy.
• We do not use your content for advertising and we do not train AI models on it.
• You are responsible for having the rights to upload what you upload — including consent from identifiable people appearing in photos, and permission to share a contact’s details when you invite them.
• Back-ups: the service is not an archival system. Keep your own copies of anything you cannot afford to lose; generated reports can be exported as PDFs.
• Sharing reports: exported reports contain links to full-resolution photos that work for anyone holding the PDF — share reports only with people entitled to their contents.

5. Acceptable use

You must not:

• upload content that is unlawful, defamatory, harassing, or that seriously invades another person’s privacy (for example, covert or gratuitous images of identifiable people unrelated to documenting the works);
• misuse another person’s personal information obtained through the platform — contractor and owner contact details may be used only for the project work at hand;
• attempt to access data your role does not grant, probe or disrupt the service, or reverse-engineer the app except as law permits;
• use the service to send spam or to build a competing dataset.

Moderation: users can report objectionable content in the app. We review reports promptly and may remove content or suspend accounts that breach these terms, with notice where practicable. Contact: vincent@sitewarden.ai.

6. Subscriptions and payment

• Paid plans are billed at the price shown when you subscribe, through the App Store or Google Play billing, or under a separate written agreement for enterprise workspaces (in which case that agreement prevails over this section to the extent of any inconsistency).
• Renewal: subscriptions renew automatically. We will remind you before any renewal of an annual plan. You can cancel at any time, effective at the end of the current billing period — no cancellation fee, no lock-in.
• Price changes apply only from your next billing period, with at least 30 days’ notice, and you may cancel before they take effect.
• If a payment fails we will tell you and retry before restricting the service.

7. Availability and support

We aim to keep SiteWarden available and useful at all times, but we do not promise uninterrupted or error-free operation — maintenance, third-party outages and connectivity on construction sites are realities. The app’s offline mode queues your work and syncs when connectivity returns.

Support is provided by email at vincent@sitewarden.ai during Australian business hours.

8. Privacy

Our Privacy Policy (sitewarden.ai/privacy) explains what we collect, where it is stored (Singapore, with email delivery and web hosting via the United States), how content is shared between workspace members and contractors, and how account deletion works. It forms part of these terms.

9. Account deletion and termination

• You can leave at any time: delete your account in the app (Account → Account removal) or via sitewarden.ai/delete-account. The Privacy Policy describes exactly what is deleted and the limited records that are retained and anonymised.
• We may suspend or terminate your account only for material breach of these terms, unlawful use, non-payment after notice, or where the law requires — and where reasonable, we will warn you and give you a chance to fix the problem first.
• If we terminate without cause (for example, we discontinue the service), we will give at least 60 days’ notice and a pro-rata refund of any prepaid fees.

10. Intellectual property

The SiteWarden software, branding and design remain ours (or our licensors’). We grant you a non-exclusive, non-transferable licence to use the app for your business while these terms are in force. Feedback you volunteer may be used to improve the product without obligation.

11. Indemnities — both ways, fault-based

• You indemnify us against third-party claims arising from your content or your breach of these terms, to the extent the claim was caused by you and not by our breach, negligence or wrongful act.
• We indemnify you against third-party claims that the SiteWarden software infringes their intellectual property rights, to the extent the claim was not caused by your misuse or your content.

12. Liability — the Australian Consumer Law part

• Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. This includes the guarantees that services be provided with due care and skill, be fit for any purpose you made known to us, and be supplied in a reasonable time.
• Where the law (including s 64A of the Australian Consumer Law) permits us to limit our liability for breach of a guarantee, our liability is limited, at our option, to resupplying the affected services or paying the cost of having them resupplied.
• For any other claim connected with the service, our total aggregate liability is capped at the greater of the fees you paid in the 12 months before the event and $[MINIMUM CAP] AUD, and neither party is liable for indirect or consequential loss — in each case except where liability cannot lawfully be limited, and except for your payment obligations, either party’s indemnity in section 11, or loss caused by fraud or wilful misconduct.
• SiteWarden is a documentation tool. It does not provide building, engineering or legal advice, and you remain responsible for your own professional obligations, inspections and statutory duties.

13. Changes to these terms

We may update these terms with at least 30 days’ notice in the app or by email. If a change materially disadvantages you, you may terminate before it takes effect and receive a pro-rata refund of prepaid fees. Continuing to use the service after the notice period means you accept the updated terms. We will not change terms retrospectively.

14. General

• These terms are governed by the laws of [STATE], Australia, and the courts of that state have non-exclusive jurisdiction.
• If part of these terms is void or unenforceable, the rest continues to apply.
• Notices to us: vincent@sitewarden.ai. Notices to you: your account email.
• You may not assign these terms without our consent (not to be unreasonably withheld); we may assign them as part of a business restructure or sale, and will notify you if we do.