LEGAL

Terms of Service

Elemetric Australia Pty Ltd — ABN 83 696 666 672 — ACN: 696 666 672
PO Box W129 Ballarat West VIC 3350
cayde@elemetric.com.au
Effective: 26 March 2026

1. Acceptance of Terms

By creating an Elemetric account, starting a free trial, or using the Elemetric app or website, you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree, do not use Elemetric.

If you are using Elemetric on behalf of a business (for example, as an employer subscribing for your team), you represent that you have authority to bind that business to these Terms, and "you" refers to both you and that business.

These Terms form a binding agreement between you and Elemetric Australia Pty Ltd (ABN 83 696 666 672, ACN: 696 666 672). We may refer to ourselves as "Elemetric Australia Pty Ltd," "we," "us," or "our."

2. Description of Service

Elemetric is a mobile and web application that assists licensed Australian tradespeople with job documentation. The Service includes:

• Digital job checklists referenced to AS/NZS standards
• AI-powered photo analysis to assist documentation (not to certify compliance)
• Generation of Job Documentation Records in PDF format
• Tamper-evident photo records using SHA-256 hashing
• A 7-year job history timeline

Elemetric is designed for use by licensed tradespeople in Victoria and Australia. It is not intended as a substitute for professional judgement, licensing obligations, or any statutory inspection or certification process.

3. Accounts

3.1 Registration

You must create an account to use Elemetric. You agree to provide accurate, current, and complete information during registration and to keep your account details up to date.

3.2 Account Security

You are responsible for:

• Keeping your password confidential
• All activity that occurs under your account
• Notifying us immediately at cayde@elemetric.com.au if you suspect unauthorised access

Do not share your login credentials. Each account is for a single named user.

3.3 Eligibility

You must be 18 years or older and hold a valid Australian trade licence (or be authorised by a licence holder) to use the documentation features of Elemetric.

4. Free Trial

New users may access Elemetric free for 14 days. No credit card is required to start a trial.

• The trial provides full access to the features of the Starter plan
• At the end of the 14-day period, you must subscribe to a paid plan to continue using the Service
• We will not automatically charge you at the end of your trial — you choose whether to subscribe
• We reserve the right to limit trial access to one trial per person

5. Subscription Plans and Billing

5.1 Plans

All prices are in Australian dollars (AUD). Elemetric Australia Pty Ltd is not currently registered for GST and does not charge GST. If Elemetric Australia Pty Ltd becomes GST-registered in future, we will provide at least 30 days' notice before GST is added to subscription fees.

5.2 Billing and Auto-Renewal

Subscriptions are billed monthly and automatically renew each month until you cancel. Your payment method will be charged on the same calendar date each month from the date you subscribe. If that date does not exist in a given month (e.g. the 31st), you will be billed on the last day of that month.

By subscribing, you authorise us to charge your payment method on a recurring monthly basis until you cancel in accordance with clause 6.

5.3 Payment Processing

For subscriptions purchased directly through the Elemetric website or web dashboard, payments are processed by Stripe. Your card details are handled by Stripe and are not stored by Elemetric Australia Pty Ltd. Stripe's terms apply to those transactions.

For subscriptions purchased through the Apple App Store or Google Play, billing is handled by Apple or Google respectively under their own billing terms. In those cases, Stripe is not involved, and cancellations and refunds are governed by Apple's or Google's policies in addition to these Terms.

5.4 Failed Payments

If a payment fails, we will notify you and your access to the Service may be suspended until payment is received. We may retry failed payments.

5.5 Price Changes

We may change subscription prices. We will give you at least 30 days' notice of any price increase by email. If you do not accept the new price, you may cancel before the effective date in accordance with clause 6. Continued use of the Service after the effective date of a price change constitutes acceptance of the new price.

6. Cancellation and Refunds

6.1 Cancellation

You may cancel your subscription at any time through the app's settings or by emailing cayde@elemetric.com.au. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until the end of the period for which you have already paid.

6.2 No Refunds for Change of Mind

We do not offer refunds for change of mind once a billing period has commenced. If you cancel mid-period, you will not receive a refund for the unused portion of that month. This does not limit your rights under the Australian Consumer Law — see clause 18.

6.3 Refunds Where We Are at Fault

If the Service is materially unavailable or fails to function as described due to an issue on our end for a significant period, we will work with you in good faith to provide a fair remedy, which may include a pro-rated credit or refund.

6.4 Major Failures Under the Australian Consumer Law

If the Service fails to meet a consumer guarantee and that failure is a major failure under the Australian Consumer Law, you are entitled to a refund of the amount you paid for the affected period. A major failure includes circumstances where the Service is so substantially deficient that a reasonable consumer would not have acquired it had they known of the defect. See clause 18 for further detail.

6.5 Disputed Termination

If we terminate your account for breach under clause 16.2 and you dispute that breach in good faith within 14 days of termination, we will review the matter and consider a pro-rated refund of fees paid for any period of wrongful denial of access. If a termination is later found to have been made in error, we will refund fees paid for the affected period.

7. AI Documentation Disclaimer

This is one of the most important sections of these Terms. Please read it carefully.

Elemetric uses artificial intelligence (AI) — including OpenAI and Anthropic models — to assist with documentation by analysing job photos and checklist data.

The AI analysis is a documentation aid only. It does not:

• Certify that any work complies with any regulation, standard, or code
• Replace the professional judgement of a licensed tradesperson
• Constitute a Certificate of Compliance, compliance certificate, or any other statutory document
• Guarantee that work is defect-free, safe, or legally compliant

AI systems can produce incorrect, incomplete, or misleading outputs. Documentation scores, pass/fail assessments, and AI-generated summaries may not reflect the actual compliance status of any work. You must not rely on AI outputs as a substitute for your own professional assessment.

The licensed tradesperson who performed the work remains solely and fully responsible for ensuring that work meets all applicable laws, regulations, Australian Standards, and licensing conditions, including the Plumbing Regulations 2018, Gas Safety Act 1997, Electricity Safety Act 1998, and any other relevant Victorian or Commonwealth legislation.

By using Elemetric, you acknowledge and accept these limitations and agree that Elemetric Australia Pty Ltd is not liable for any loss, claim, fine, penalty, or damage arising from reliance on AI outputs. The exclusions in clause 14 reflect the fact that Elemetric is a documentation aid only and does not make compliance determinations — any regulatory or licensing outcome is entirely dependent on the tradesperson's own professional conduct, which is beyond Elemetric Australia Pty Ltd's control.

If you believe an AI output is inconsistent with your own professional assessment of the work, you must not use that output in your documentation record without first resolving the inconsistency through your own inspection. Documentation scores and assessments are indicative only and must not be presented to any third party as a compliance determination.

8. Acceptable Use

You agree to use Elemetric only for its intended purpose and in accordance with all applicable laws. You must not:

• Use Elemetric to document work you did not personally perform or supervise, or to create false records
• Upload, submit, or generate content that is fraudulent, misleading, or intended to deceive a client, inspector, insurer, or regulator
• Attempt to reverse-engineer, decompile, or extract source code from the Elemetric app or backend
• Attempt to circumvent, disable, or interfere with any security, authentication, or access control feature
• Scrape, harvest, or systematically extract data from the Service
• Use the Service in a way that could damage, overload, or impair Elemetric Australia Pty Ltd's infrastructure
• Share your account or resell access to the Service
• Use the Service to facilitate any unlicensed trade work
• Upload content that infringes a third party's intellectual property, privacy, or other rights
• Upload content that contains malware, viruses, or other harmful code

We reserve the right to investigate suspected breaches of this clause and to suspend or terminate accounts where a breach is confirmed.

9. Intellectual Property

9.1 Our IP

All intellectual property in the Elemetric app, website, AI models, PDF templates, checklist logic, branding, and documentation is owned by or licensed to Elemetric Australia Pty Ltd. Nothing in these Terms transfers any intellectual property rights to you.

9.2 Licence to You

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Elemetric app and Service for your own business documentation purposes. This licence does not include the right to sublicense, copy, modify, or distribute the Service.

9.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a royalty-free, perpetual, worldwide licence to use that feedback for any purpose, including improving the Service. We have no obligation to act on feedback or compensate you for it.

10. Your Content

10.1 Ownership

You retain ownership of the content you upload to Elemetric, including job photos, notes, checklists, and signatures ("Your Content").

10.2 Licence to Elemetric Australia Pty Ltd

By uploading Your Content, you grant Elemetric Australia Pty Ltd a limited licence to store, process, and transmit Your Content solely to provide the Service to you. We do not use your job photos or documentation data to train AI models without your express consent.

10.3 Your Responsibility

You are responsible for ensuring that Your Content is accurate, that you have the right to upload it (including any necessary consents from clients or site owners for photos), and that it does not violate any applicable law or these Terms.

10.4 Data Retention

Job records are retained for 7 years from the date of creation to support your liability documentation needs. On account deletion, data is removed in accordance with our Privacy Policy.

11. Privacy and Data Breach

Our Privacy Policy explains how we collect, use, and protect your personal information and forms part of these Terms. By using Elemetric, you agree to the Privacy Policy.

In the event of a data breach that is likely to result in serious harm to you, we will notify you and, where required by the Privacy Act 1988 (Cth) Notifiable Data Breaches scheme, the Office of the Australian Information Commissioner (OAIC), as soon as practicable after we become aware of the breach.

12. Communications

12.1 Transactional Communications

By creating an account, you agree to receive transactional communications from us by email. These include account confirmation, password reset, billing receipts, payment failure notices, and notices required under these Terms. You cannot opt out of transactional communications while your account is active, as they are necessary for us to provide the Service.

12.2 Marketing Communications

We may send you marketing communications about new features, promotions, or Elemetric news. We will only send marketing emails where you have consented to receive them. You may withdraw consent and unsubscribe at any time by clicking the unsubscribe link in any marketing email or by emailing cayde@elemetric.com.au. Unsubscribing from marketing emails does not affect your receipt of transactional communications.

12.3 Compliance

All commercial electronic messages sent by Elemetric Australia Pty Ltd comply with the Spam Act 2003 (Cth). Each marketing message will identify Elemetric Australia Pty Ltd as the sender, include our contact details, and include a functional unsubscribe mechanism.

13. Availability and Changes to the Service

13.1 Availability

We aim to make the Service available at all times but do not guarantee uninterrupted access. Outages may occur due to maintenance, third-party failures, or events beyond our control.

13.2 Maintenance

We may take the Service offline for scheduled or emergency maintenance. Where possible, we will give advance notice via the app or email.

13.3 Changes to Features

We may add or modify features at any time. We will give at least 30 days' notice before removing any core feature listed in clause 2. If a material removal of a core feature detrimentally affects your use of the Service, you may cancel your subscription in accordance with clause 6 within 30 days of that change taking effect and we will provide a pro-rated refund of prepaid fees for the unused period.

13.4 Third-Party Services

The Service relies on third-party providers including Supabase, OpenAI, Anthropic, Stripe, and Railway. We are not responsible for disruptions caused by those providers, but we will use reasonable efforts to restore service as quickly as practicable.

14. Limitation of Liability

14.1 Disclaimer of Warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available" without any warranty of any kind, express or implied. We do not warrant that the Service will be error-free, uninterrupted, accurate, or fit for any particular purpose.

14.2 Exclusion of Consequential Loss

To the fullest extent permitted by law, Elemetric Australia Pty Ltd is not liable for any indirect, incidental, special, consequential, or punitive loss or damage arising out of or in connection with your use of the Service, including but not limited to:

• Loss of income, revenue, or profit
• Loss of business opportunity or contract
• Regulatory fines, penalties, or enforcement action
• Claims by clients, insurers, or third parties arising from documentation records generated using Elemetric
• Loss or corruption of data
• Any loss arising from reliance on AI analysis outputs

These exclusions reflect the nature of the Service as a documentation aid only. Elemetric Australia Pty Ltd does not make compliance determinations, and any regulatory or licensing outcome depends entirely on the tradesperson's own professional conduct and judgement, which is beyond Elemetric Australia Pty Ltd's control or knowledge.

14.3 Cap on Liability

To the extent our liability is not excluded under these Terms or the Australian Consumer Law, our total aggregate liability to you for all claims arising out of or in connection with the Service in any 12-month period is limited to the greater of:

• the total subscription fees paid by you to Elemetric Australia Pty Ltd in the 12 months immediately preceding the event giving rise to the claim; or
• AUD $300.

This cap does not apply to liability arising from Elemetric Australia Pty Ltd's fraud or wilful misconduct.

14.4 Survival

The limitations in this clause apply even if Elemetric Australia Pty Ltd has been advised of the possibility of such loss or damage, and survive termination of these Terms.

15. Indemnity

15.1 Your Indemnity to Us

You agree to indemnify and hold harmless Elemetric Australia Pty Ltd and its officers, directors, and employees from and against any claims, damages, losses, costs (including reasonable legal costs), and expenses arising out of or in connection with:

• Your use of the Service in breach of these Terms
• Your Content, including any claim that Your Content infringes a third party's rights
• Any documentation record generated using Elemetric that is inaccurate, fraudulent, or used in a manner inconsistent with these Terms
• Any regulatory, legal, or licensing issue arising from your trade work to the extent such issue is caused by your use of documentation generated by the Service in a manner inconsistent with these Terms

15.2 Our Indemnity to You

Elemetric Australia Pty Ltd will indemnify you against direct losses you suffer that are directly caused by our negligence, our breach of these Terms, or our failure to comply with a consumer guarantee under the Australian Consumer Law, to the extent not excluded under clause 14.

16. Suspension and Termination

16.1 Termination by You

You may stop using the Service and cancel your subscription at any time in accordance with clause 6.

16.2 Suspension or Termination by Us

We may suspend or terminate your access to the Service immediately if:

• You breach any material term of these Terms and, where the breach is capable of remedy, fail to remedy it within 7 days of written notice from us
• You use the Service to create fraudulent or misleading documentation records
• You fail to pay subscription fees when due
• We are required to do so by law

We may also terminate the Service for any reason on 30 days' written notice to you, in which case we will refund any fees prepaid for the period after termination on a pro-rated basis.

16.3 Effect of Termination

On termination of your account:

• Your access to the Service ceases
• You should export any documentation records you need before termination takes effect — we recommend doing this promptly
• We will retain your data for the period set out in our Privacy Policy, after which it will be deleted
• Clauses 7, 9, 14, 15, 21, and 24 survive termination

17. App Store and Google Play

The Elemetric app is distributed through the Apple App Store and Google Play Store. If you download or access the app through either platform, the following applies:

• These Terms are an agreement between you and Elemetric Australia Pty Ltd only — Apple and Google are not parties to this agreement and have no obligation to provide any warranty, maintenance, or support for the app
• Apple and Google are not responsible for addressing any claims by you or any third party relating to the app or your use of it
• For subscriptions purchased through the App Store, Apple's payment terms and refund policy apply to the billing transaction in addition to these Terms. Cancellation of App Store subscriptions must be managed through your Apple ID settings
• For subscriptions purchased through Google Play, Google's payment terms apply. Cancellation must be managed through your Google Play account settings
• Apple (for App Store downloads) is a third-party beneficiary of these Terms and may enforce these Terms against you as a third-party beneficiary

18. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted, or modified by agreement.

If you are a consumer under the Australian Consumer Law, our services come with guarantees that cannot be excluded. To the extent we are permitted to limit our liability for a failure to comply with a consumer guarantee, we limit our liability (at our option) to:

• Re-supplying the relevant service; or
• Paying the cost of having the relevant service re-supplied.

Where a failure to comply with a consumer guarantee is a major failure within the meaning of section 267 of the Australian Consumer Law, you are entitled to a refund of the amount you paid for the affected period. Nothing in these Terms prevents you from exercising this right.

19. Dispute Resolution

19.1 Complaints Process

If you have a complaint or dispute about the Service or these Terms, please contact us first at cayde@elemetric.com.au with a written description of your complaint. We will acknowledge your complaint within 3 business days and provide a substantive response within 14 business days.

19.2 Good Faith Negotiation

Both parties agree to attempt to resolve any dispute in good faith through direct negotiation before commencing any formal proceedings. Neither party may commence litigation or arbitration in respect of a dispute without first completing the complaints process in clause 19.1, unless urgent injunctive relief is required.

19.3 External Resolution

If a dispute cannot be resolved through the process in clauses 19.1 and 19.2, either party may refer the matter to the courts of Victoria in accordance with clause 21, or (for consumer disputes) to the relevant consumer dispute resolution body including Consumer Affairs Victoria or the ACCC.

Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: third-party service outages (including outages of OpenAI, Anthropic, Supabase, Stripe, or Railway), acts of God, fire, flood, pandemic, government action, cyberattacks, or network infrastructure failures. We will notify you as soon as practicable of any such event and its expected duration, and will use reasonable efforts to restore the Service. If a force majeure event results in the Service being unavailable for more than 7 consecutive days, you may cancel your subscription and receive a pro-rated refund for the affected period.

21. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. You and Elemetric Australia Pty Ltd submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia for the resolution of any dispute arising out of or in connection with these Terms or the Service.

22. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or via a notice within the app at least 30 days before the changes take effect.

If a material change detrimentally affects your rights under these Terms, you may cancel your subscription within 14 days of the change taking effect and receive a pro-rated refund for any prepaid period remaining. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the new Terms.

Voice Notes and Audio Transcription

The App includes an optional voice note feature that allows you to record audio for automatic transcription into text notes. When you use this feature:

• Audio recordings are transmitted to OpenAI's Whisper API for transcription purposes only
• Audio data is processed in real-time and is not stored by Elemetric Australia Pty Ltd or retained by OpenAI after transcription
• Only the resulting text transcript is stored within the App
• You consent to this audio processing when you use the voice note feature
• Do not record audio in circumstances where recording is prohibited by law

Offline Mode and Local Data Storage

The App supports offline operation. When you use the App without an internet connection:

• Job data, photos, signatures, and compliance information are stored locally on your device
• Locally stored data is encrypted using your device's native encryption
• Data is synchronised to our servers when you reconnect to the internet
• You are responsible for maintaining the security of your device to protect locally stored data
• Elemetric Australia Pty Ltd accepts no liability for locally stored data that is lost due to device failure, loss, or theft

Referral Program

Elemetric Australia Pty Ltd operates a referral program ("Refer a Mate") under the following terms:

• Each subscriber receives a unique referral code visible in their app Settings
• When a person you refer subscribes to a paid plan using your referral code, you receive one (1) month of subscription credit applied to your next billing cycle
• Referral rewards are non-transferable and have no cash value
• Referral rewards will be credited within 30 days of the referred person's first successful payment
• Elemetric Australia Pty Ltd reserves the right to modify or discontinue the referral program at any time with 30 days notice
• Fraudulent referrals (self-referrals, fake accounts) will result in forfeiture of rewards and account suspension

PDF Sharing and Third-Party Applications

The App allows you to share generated PDF compliance documentation via third-party applications (including but not limited to SMS, email, WhatsApp, and AirDrop). By using the sharing feature:

• You accept full responsibility for how and to whom you share compliance documentation
• Elemetric Australia Pty Ltd has no control over documentation once shared via third-party applications
• You must not share documentation in a misleading manner or represent it as a Certificate of Compliance issued by a regulatory body
• PDF compliance documents are documentation aids only and do not constitute regulatory certificates

Receipt and Expense Tracking

The receipt and expense tracking feature is a documentation aid only. Elemetric Australia Pty Ltd ACN 696 666 672 does not provide financial, tax or accounting advice. Users should consult a registered tax agent or accountant for all tax matters. This feature is provided for record-keeping purposes only.

• AI-extracted receipt data may contain errors — always verify extracted figures against original documents
• Expense reports generated by Elemetric are not tax invoices and are not prepared by a registered tax agent
• GST amounts shown are estimates extracted by AI and must be verified before lodging with the ATO

Warranty Tracking

Warranty tracking is a documentation aid only. Elemetric does not guarantee warranty validity or manage warranty claims. Users are responsible for verifying warranty terms directly with manufacturers.

• Warranty details extracted from warranty card photos by AI may be incomplete or incorrect — verify directly with the manufacturer
• Elemetric is not responsible for expired warranties or warranty claims that were not made in time
• This feature is a record-keeping tool only and creates no legal obligation on Elemetric in relation to any warranty

Invoice Tracking

Invoice tracking is a documentation aid only. Elemetric does not provide accounting, legal or debt collection services.

• Invoice status tracking is informational only — Elemetric is not responsible for unpaid invoices or debt recovery
• Payment reminder emails sent via Elemetric are sent on behalf of the user — Elemetric accepts no liability for the content or effect of those communications
• This feature does not constitute the provision of legal, accounting or financial services

23. Contact

For any questions, complaints, or notices under these Terms:

Elemetric Australia Pty Ltd
ABN 83 696 666 672 — ACN: 696 666 672
PO Box W129 Ballarat West VIC 3350
cayde@elemetric.com.au

24. Definitions

AI analysis means the automated analysis of job photos and checklist data performed by AI models (OpenAI, Anthropic) via the Service, producing documentation scores and summaries.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Elemetric means the mobile application, web dashboard, and associated services operated by Elemetric Australia Pty Ltd (ABN 83 696 666 672, ACN: 696 666 672).

Job Documentation Record means a PDF document generated by the Service summarising a job's checklist, photos, AI analysis, and digital signature. It is a documentation record only and is not a Certificate of Compliance or any other statutory document.

Service means the Elemetric app, web dashboard, AI analysis features, PDF generation, job history, and all associated features provided under these Terms.

Starter plan means the $24.99/month subscription for individual tradespeople.

Your Content means photos, checklist responses, notes, signatures, and any other data you upload to the Service.

Version: 26 March 2026 (rev. 1 — post legal review)