Constructor End User Licence Agreement (EULA)

Published: 1 October 2024. Last modified: 27 September 2026.

Please read this agreement carefully before downloading any Constructor product. By downloading, accessing or using a Constructor product, you agree to be bound by the terms below.

1. Grant of Licence

ACCELX, trading as Constructor ("the Vendor"), grants the person or entity that has purchased a Constructor product ("the Licensee") a non-exclusive, non-transferable licence to use that product, on the terms set out in this agreement.

2. Definition of Products (updated)

"Checklists" and "Products" mean every Constructor Quality Management file made available for purchase or download, including:

  • inspection and quality management checklists (for example, the numbered C1 to C20 series);
  • design guides and reference guides (for example, C20 and any other guide-format product);
  • any bundle or collection of the above sold together, including "the complete set"; and
  • all related documentation, spreadsheets, electronic files, printable versions and accompanying files, in any format now offered or later introduced.

Where a bundle or the complete set is purchased, this agreement applies separately to each Product included in it, and references to "the Product" below mean each one individually.

3. Intellectual Property Rights

Title, copyright and all intellectual property rights in the Products, including their content, layout, appearance and any accompanying software, remain exclusively with the Vendor at all times. This agreement grants a licence to use the Products; it does not transfer ownership of them.

4. Licence Scope

The Licensee may install and use each purchased Product on a maximum of two devices, including computers, tablets and mobile or handheld devices, for the Licensee's own personal use.

5. Non-Transferability

This licence is personal to the Licensee. The Licensee may not transfer, assign, sell, rent, lease or otherwise make the Products or this licence available to any third party, including another household, business or building project that is not the Licensee's own.

6. Prohibited Use in AI and Automated Systems

The Licensee may not use the Product, in whole or in part, to develop, train, fine-tune or operate any software program, model, algorithm, or generative artificial intelligence (AI) tool, including a tool intended to produce content in a similar style to, or derived from, the Product.

7. Commercial Use Restriction

The Products are licensed for personal, non-commercial use only. Use by a business, building company, government entity or other organisation for its own operations, or resale or redistribution of the Products in any form, is prohibited unless the Vendor has agreed to a separate commercial licence in writing.

The Products are proprietary and protected under Australian and international copyright law. All rights not expressly granted in this agreement remain with the Vendor.

9. No Modification or Reverse Engineering

The Licensee may not modify, adapt, reverse-engineer, decompile or create derivative works from the Products, by any current or future means or technology.

10. Educational Purpose and No Professional Advice (new)

The Products are educational tools intended to help the Licensee ask informed questions and identify items for further review. They are general information only and do not constitute legal, financial, engineering or other professional advice, and do not replace inspection, certification or sign-off by a licensed or qualified professional. Where a Product references an Australian Standard, the National Construction Code or another external standard, that reference is provided as a guide; the Licensee should confirm current requirements directly against the relevant standard, their contract, their state or territory regulator, and qualified professional advice.

11. Material Breach

A breach of any term of this agreement by the Licensee is a material breach of this agreement.

12. Licence Fee

The price paid for each Product at the time of purchase is the entire licence fee and the full consideration for the licence granted under this agreement.

13. Refunds and Access Issues

Because the Products are supplied as instant digital downloads, all sales are final and the Vendor does not offer refunds, exchanges or returns for a change of mind, an accidental purchase, or a compatibility issue with the Licensee's own device. If a technical issue prevents the Licensee downloading a Product, or a downloaded file is faulty or corrupted and the Vendor is unable to resolve the issue, the Licensee may contact the Vendor within 14 days of purchase with their order details and a description of the problem; the Vendor will provide a replacement file or a refund. Nothing in this clause limits any consumer guarantee that applies under the Australian Consumer Law and cannot lawfully be excluded, restricted or modified by agreement.

14. Limitation of Liability

To the maximum extent permitted by law, and except to the extent a liability cannot lawfully be limited or excluded under the Australian Consumer Law or other applicable law, the Vendor's total liability to the Licensee arising out of or in connection with this agreement or the Products, however arising, is limited to the original purchase price paid for the relevant Product. The Vendor is not liable for any indirect, special or consequential loss, including loss of profits, loss of data, or business disadvantage, arising from the use of, or inability to use, the Products.

15. No Warranty of Fitness for Purpose

Other than any consumer guarantee that cannot lawfully be excluded under the Australian Consumer Law, the Vendor makes no warranty that the Products are fit for the Licensee's particular purpose or suitable for the Licensee's specific project, site, state or territory.

16. No Warranty of Error-Free Performance

Other than any consumer guarantee that cannot lawfully be excluded under the Australian Consumer Law, the Vendor does not warrant that the Products will be uninterrupted or error-free. The Licensee acknowledges that content of this kind may contain errors or omissions consistent with industry practice.

17. Vendor's Warranties

The Vendor warrants that it owns or holds the necessary rights in the Products to grant this licence, and that doing so does not breach any other agreement or statute to which the Vendor is subject.

18. Acceptance

The terms of this agreement are accepted in full by the Licensee upon purchase, download or use of a Product, whichever happens first.

19. Term

This agreement begins when the Licensee accepts it and continues indefinitely, unless terminated under clause 20.

20. Termination

This agreement and the licence granted under it terminate automatically if the Licensee breaches any of its terms. On termination, the Licensee must immediately stop using the Products, destroy or permanently delete all copies in their possession or control, and certify that this has been done within 10 days of the Vendor's request.

21. Force Majeure

The Vendor is not liable for any failure or delay in performing its obligations under this agreement caused by events beyond its reasonable control, including natural disasters, war, civil disturbance, or failure of third-party infrastructure.

22. Governing Law

This agreement is governed by the laws of the State of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.

23. Amendment

This agreement may only be amended by a written document signed by both the Vendor and the Licensee, except that the Vendor may update these terms for future purchases by publishing a revised version on its website, with the "last modified" date updated accordingly. The version in force at the time of a purchase applies to that purchase.

24. No Agency or Partnership

Nothing in this agreement creates a relationship of agency, partnership or joint venture between the Vendor and the Licensee.

25. Interpretation

Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa, and references to any gender include all genders.

26. Severability

If a court or tribunal finds any provision of this agreement to be void, unenforceable or illegal, that provision will be read down to the minimum extent necessary, and the remainder of this agreement will continue in full force and effect.

27. Entire Agreement

This agreement, together with any refund or access policy published on the Vendor's website, constitutes the entire agreement between the parties in relation to the Products, and supersedes all prior understandings, negotiations and representations, whether written or oral.

28. Binding Effect

This agreement binds and benefits the parties and their respective successors and permitted assigns.

29. Notices

Notices to the Vendor under this agreement should be sent to:

CONSTRUCTOR: 8 Technology Drive Arundel QLD 4214

30. Acknowledgment

By accessing, downloading or using any Constructor product, the Licensee acknowledges that they have read, understood and agree to be bound by all of the terms of this agreement.