Terms of Service

Effective date: 18 December 2025

Alpha Release Notice: Validibot is currently in alpha. The Services are under active development and may contain bugs, errors, or incomplete features. By using the Services, you acknowledge and accept the inherent risks of using pre-release software.

These Terms of Service ("Terms") govern your access to and use of the Validibot services, websites, and applications (the "Services") operated by McQuillen Interactive Pty Ltd ABN 77 605 496 268 ("McQuillen Interactive", "we", or "us"). By using the Services, you confirm that you accept these Terms. If you are using the Services on behalf of an organisation, you confirm you have authority to bind that organisation to these Terms.

1. Alpha Status and Service Availability

The Services are provided as an "alpha" release. This means:

  • Features may change, be removed, or behave unexpectedly without notice;
  • Data loss may occur despite our reasonable efforts to prevent it;
  • Service interruptions and downtime should be expected;
  • We may reset, migrate, or modify data structures as the product evolves;
  • Support is provided on a best-efforts basis only.

We strongly recommend that you do not rely on the Services for critical business processes during the alpha period. Always maintain independent backups of any important data.

2. Eligibility and Access

You must be at least 18 years old and legally capable of entering into contracts. During alpha, access may be by invitation only, and we may limit, suspend, or revoke access at our discretion without liability.

Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must not share your account with others. Notify us immediately at support@validibot.com if you suspect unauthorised access to your account.

3. Subscription and Billing

Trial Period. New accounts receive a 14-day free trial. During the trial, you have access to the Starter plan features. No payment is required until the trial ends.

Subscription Plans. After your trial, you must subscribe to a paid plan to continue using the Services. Subscription fees are billed monthly in advance through our payment processor, Stripe. Prices are displayed in Australian Dollars (AUD) and include GST where applicable.

Cancellation. You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of your current billing period. You will retain access until then.

Refunds. Given the alpha nature of the Services, we offer a generous refund policy. If you are dissatisfied for any reason within 30 days of a payment, contact support@validibot.com and we will provide a full refund. After 30 days, refunds are at our discretion.

Price Changes. We may change subscription prices with 30 days' notice. Price changes do not affect your current billing period.

4. Acceptable Use

You agree to use the Services lawfully and responsibly. You must not:

  • Interfere with the operation of the Services or attempt to gain unauthorised access;
  • Upload malicious code, viruses, or harmful content;
  • Use the Services to develop a competing product;
  • Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Services;
  • Exceed reasonable usage limits or abuse system resources;
  • Violate any applicable laws or regulations.

5. Data You Provide

You retain ownership of content you submit ("Customer Data") and grant us a licence to host, process, and transmit Customer Data solely to operate and improve the Services. You are responsible for ensuring that your use of the Services complies with all applicable laws, including data protection laws in your jurisdiction.

Alpha Caution: During alpha, we recommend against uploading highly sensitive, confidential, or personal information. While we implement reasonable security measures, the Services are under active development and may have undiscovered vulnerabilities.

6. Feedback

We welcome feedback, suggestions, and bug reports. You agree that we may use any feedback you provide without restriction or obligation to you.

7. Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other content (excluding Customer Data), are owned by McQuillen Interactive or our licensors and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services in accordance with these Terms. This licence does not include any right to resell, sublicense, or create derivative works based on the Services.

8. No Professional Advice

The Services provide data validation tools for building energy models and related technical data. Outputs are for informational purposes only, are not guaranteed to be accurate or complete, and do not constitute professional engineering, architectural, or compliance advice. You remain solely responsible for verifying outputs and making decisions based on them.

9. Warranties and Disclaimer

The Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee the accuracy, completeness, or reliability of any validation results or outputs.

10. Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities;
  • We are not liable for any damages arising from your reliance on validation results or outputs from the Services;
  • Our total aggregate liability for all claims arising from or related to these Terms or the Services shall not exceed the greater of (a) the amounts you paid us in the 12 months preceding the claim, or (b) AUD $100.

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify and hold harmless McQuillen Interactive and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies you may have under the Australian Consumer Law that cannot be excluded by agreement. Where the Australian Consumer Law permits us to limit our liability, and the Services are acquired for business purposes (not as a consumer), our liability is limited at our option to:

  • Resupplying the Services; or
  • Refunding any amounts you paid for the relevant service period.

13. Termination

We may suspend or terminate your access to the Services immediately if you breach these Terms, if required by law, or if we discontinue the Services. Upon termination, your right to use the Services ceases immediately. We will make reasonable efforts to allow you to export your data before termination, except in cases of serious breach.

14. Dispute Resolution

If you have a dispute with us regarding the Services, please contact us first at support@validibot.com. We will attempt to resolve any disputes informally within 30 days. If we cannot resolve the dispute informally, either party may pursue formal legal proceedings as described below.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia. If you access the Services from another jurisdiction, you are responsible for compliance with your local laws.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice in the Services. Continued use of the Services after changes take effect means you accept the revised Terms. If you do not agree to the changes, you should stop using the Services and cancel your subscription.

17. General

These Terms constitute the entire agreement between you and McQuillen Interactive regarding the Services. If any provision is found unenforceable, the remaining provisions continue in full force. Our failure to enforce any provision is not a waiver of that provision. You may not assign or transfer your rights under these Terms without our consent.

18. Contact

If you have questions about these Terms, contact us at support@validibot.com or write to:

McQuillen Interactive Pty Ltd
Unit 7, 3 Bolinda Street
Bentleigh, Victoria 3204
Australia