UPTOCODE
UPTOCODE PTY LTD
ABN: 83 687 696 359
Effective Date: 27.01.2026
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICE. BY ACCESSING OR USING UPTOCODE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE SERVICE.
In these Terms and Conditions:
"Agreement" means these Terms and Conditions, including any schedules, annexures, and policies incorporated by reference.
"AI Compliance Report" means the automated analysis and report generated by our Compliance Engine based on your Submitted Materials.
"Applicable Laws" means all laws, regulations, codes, standards, and guidelines applicable to construction and building in Australia, including but not limited to the National Construction Code (NCC 2025), Australian Standards (including AS 1428), state building acts, local council LEPs and DCPs, and bushfire attack level (BAL) requirements.
"BCA" means the Building Code of Australia, as incorporated in the NCC.
"Company", "we", "us", "our" means UptoCode, operated by UptoCode Pty Ltd (ABN 83 687 696 359).
"Compliance Engine" means our AI-powered system that processes Submitted Materials and generates AI Compliance Reports.
"DCP" means Development Control Plan as published by local councils.
"Intellectual Property Rights" means all intellectual property rights including patents, trademarks, copyright, trade secrets, and any applications for such rights.
"LEP" means Local Environmental Plan as published by local councils.
"NCC" means the National Construction Code, including Volumes 1 and 2.
"Service" means the UptoCode AI-powered building compliance platform, including all associated software, tools, features, Compliance Engine, Compliance Chat, Council Maps, and Site Feasibility tools.
"Submitted Materials" means all construction drawings, building plans, PDF documents, specifications, and other documentation you upload or submit to the Service.
"Subscription" means your paid access to the Service under your selected plan.
"User", "you", "your" means the individual or entity accessing or using the Service.
2.1 By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to this Agreement.
2.2 We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of the Service after any changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.
2.3 If you do not agree to these Terms, you must immediately cease using the Service and close your account.
3.1 UptoCode provides an AI-powered building compliance platform that enables users to interact with Australian building codes and council regulations. The Service offers the following capabilities:
3.2 The Service accesses and cross-references publicly available regulatory data, including NCC (Volumes 1 & 2), VicMaps geographic and planning information, and LEPs, DCPs, and zoning regulations from 500+ local councils.
3.3 The Service currently operates in Australia only. Coverage of specific local councils and regulatory frameworks may vary and is subject to change as we expand our database.
YOU ACKNOWLEDGE AND AGREE THAT:
THE SERVICE AND AI COMPLIANCE REPORTS DO NOT CONSTITUTE:
YOU ARE SOLELY RESPONSIBLE FOR:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) AI Compliance Reports or other outputs will be accurate, complete, or current; (d) our regulatory database is complete or up-to-date; or (e) any errors in the Service will be corrected.
5.1 To access the Service, you must create an account and provide accurate, complete, and current information. You must update your information promptly if it changes.
5.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.
5.3 You represent and warrant that you have the right to submit all Submitted Materials to the Service, including any necessary permissions from clients, employers, or other parties who own the intellectual property in the plans.
5.4 You must not use the Service for any unlawful purpose, to violate any third party's rights, or in any manner that could damage, disable, or impair the Service.
5.5 You must not attempt to reverse engineer, decompile, or extract the underlying algorithms, models, or data from the Service.
The Service, including all software, AI models, Compliance Engine, algorithms, user interfaces, designs, and content (excluding Submitted Materials and AI Compliance Reports specific to your submissions), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.
You retain all ownership rights in your Submitted Materials. By uploading Submitted Materials to the Service, you grant us a non-exclusive, worldwide, royalty-free licence to use, process, store, and analyse your Submitted Materials solely for the purpose of providing the Service to you and improving our AI models and Service quality.
AI Compliance Reports generated by the Service based on your Submitted Materials are licensed to you for your internal business purposes. You may share reports with your clients, contractors, and relevant regulatory authorities in connection with the specific construction projects to which they relate.
We may use de-identified and aggregated data derived from Submitted Materials to train, improve, and develop our AI models, Compliance Engine, and Service. Such de-identified data will not identify you, your clients, or your specific projects.
7.1 Access to the Service requires payment of Subscription fees as set out in our pricing schedule on our website. All fees are in Australian dollars and are exclusive of GST unless otherwise stated.
7.2 Subscription fees are payable in advance. Your Subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
7.3 We reserve the right to change our fees at any time. Fee changes will take effect at the start of your next billing period following notice of the change.
7.4 All payments are non-refundable except as required by Australian Consumer Law or as expressly stated in these Terms.
8.1 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
8.2 Without limiting the foregoing, we shall not be liable for any damages arising from:
8.3 To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with this Agreement shall not exceed the greater of: (a) the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) AUD $1,000.
8.4 Nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy that cannot be excluded, restricted, or modified under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law, or any other applicable law.
9.1 You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and affiliates from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
10.1 This Agreement commences when you first access or use the Service and continues until terminated in accordance with this section.
10.2 You may terminate your Subscription at any time through your account settings. Termination will take effect at the end of your current billing period, and you will retain access until then.
10.3 We may terminate or suspend your access immediately, without prior notice or liability, if: (a) you breach any provision of this Agreement; (b) we are required to do so by law; (c) we discontinue the Service; or (d) we determine, in our sole discretion, that your continued use poses a risk to the Service or other users.
10.4 Upon termination: (a) your right to access the Service immediately ceases; (b) we may delete your account and associated data in accordance with our Privacy Policy; and (c) provisions of this Agreement that by their nature should survive termination (including Sections 4, 6, 8, 9, 11, and 12) will continue in effect.
11.1 This Agreement is governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of that State and any courts competent to hear appeals from those courts.
11.2 Before commencing legal proceedings, the parties agree to attempt to resolve any dispute arising out of or in connection with this Agreement by good faith negotiation for a period of not less than 30 days.
12.1 Entire Agreement: This Agreement constitutes the entire agreement between you and us regarding the Service and supersedes all prior agreements and understandings.
12.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
12.3 Waiver: Our failure to enforce any right or provision of this Agreement will not constitute a waiver of that right or provision.
12.4 Assignment: You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.
12.5 Force Majeure: We will not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control.
12.6 Notices: We may provide notices to you by email to the address associated with your account. You may provide notices to us at the contact details below.
For questions about these Terms and Conditions, please contact us:
UptoCode
UptoCode Pty Ltd
696 Bourke St, Melbourne VIC 3000
Email: legal@uptocode.com.au
Phone: +61 412 690 861
BY USING UPTOCODE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.