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STRATACLEAR TERMS OF SERVICE

Last Updated: 16 March 2026

1. ACCEPTANCE OF TERMS

1.1 Agreement: These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and STRATACLEAR PTY LTD (ABN 38694402812) ("StrataClear", "we", "us", or "our"), governing your access to and use of the StrataClear service, including all products, features, applications, and software made available at https://www.strataclear.com.au/ (the "Service").

1.2 Acceptance: By accessing and/or using the Service, you expressly acknowledge that you have read and understood, and you accept and agree to be bound by, these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you warrant and represent that you have the authority to bind such entity to these Terms.

1.3 Pre-condition: IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICE.

2. PROVISION AND NATURE OF THE SERVICE (IMPORTANT WARNINGS)

2.1 Access to the Service: Subject to your payment of any applicable fees and charges, and subject to your compliance with these Terms, we agree to provide you with access to the relevant features of the Service, and for the duration of time, as set out in the service package you have procured.

2.2 AI-Powered Tool, Not a Professional Adviser: You acknowledge that the Service utilises Generative Artificial Intelligence technology ("AI"), which creates outputs by processing and summarising inputted data. StrataClear is not a law firm, real estate agency, strata inspection agent, financial advisory firm, or any other kind of professional adviser, and we do not provide advice of any kind (whether through the Service, including as comprised in any outputs generated by the Service, or otherwise).

2.3 Risk of Error ("Hallucinations"): You acknowledge and agree that the Service uses AI, which is a probabilistic technology, and accordingly that the Service may produce outputs that are inaccurate, incomplete, misleading, or unrelated to the source text (commonly referred to as "Hallucinations"). You further acknowledge and agree that:

  • (a) the Service may fail to identify defects, financial liabilities, legal issues, and/or any other kind of issues (which may or may not be critical), which may be contained in (or omitted from) any documents that you upload to the Service;
  • (b) you must exercise your own judgement with respect to the accuracy, completeness and/or materiality of any information generated by the Service, including that you must independently verify all information generated by the Service against the original source documents; and
  • (c) the Service is not a substitute for undertaking due diligence and obtaining professional advice, and you must not rely on the Service when making any investment, purchasing, and/or legal decisions.

2.4 No Financial Product Advice:

  • (a) Information Only: Any information produced by the Service regarding strata levies, sinking/capital works funds, insurance policies, or financial statements or matters is provided for informational purposes only.
  • (b) No Licence: StrataClear does not hold an Australian Financial Services Licence (AFSL). No part of the Service constitutes a recommendation or statement of opinion intended to influence you in making a decision in relation to a financial product (including strata insurance or managed funds).
  • (c) Duty to Consult: It is your responsibility to consult with a qualified solicitor, licensed conveyancer, and/or financial adviser before making any decision based on the information provided by the Service.

3. USER ACCOUNTS AND OBLIGATIONS

3.1 Eligibility: You must be at least 18 years old to use the Service. The Service is for personal use only, and must not be accessed via tools or programs (such as bots or scrapers).

3.2 Security: You must not share your login credentials with any other person. You are liable for all activities that occur under your account.

3.3 Prohibited Conduct: You must not:

  • (a) use the Service for any purpose other than as a tool to assist with searching and summarising strata documents (subject to the limitations noted in clause 2 above);
  • (b) sublicence or resell use of the Service to any other person, or use the Service to provide a service to any other person (for example, on a service bureau or time-sharing basis, as a "white label" solution, or similar);
  • (c) permit any other person to use the Service through your login credentials, or share the outputs of the Service with any other person;
  • (d) use the Service in any unlawful manner;
  • (e) attempt to reverse engineer, decompile, or extract the source code or algorithms of the AI; or
  • (f) upload documents containing viruses, malware, or illegal content.

4. USER CONTENT AND DATA PRIVACY

4.1 Ownership: As between you and StrataClear, you or your licensor(s) will retain all ownership rights to the documents you upload to the Service ("User Content").

4.2 Licence: By uploading User Content to the Service, you grant StrataClear a non-exclusive, worldwide, royalty-free licence to use, reproduce, and process the User Content solely for the purposes of (a) providing the Service to you; and (b) improving and/or developing the Service. StrataClear may sublicence this licence to its third party providers, to the extent necessary to provide the Service to you.

4.3 Warranty: You warrant and represent that:

  • (a) you have all rights, licences and/or consents necessary to upload the User Content to the Service, and for the User Content to be used in accordance with clause 4.2; and
  • (b) the uploading of the User Content does not breach or infringe any applicable law (including the Privacy Act 1988 (Cth)), any duty of confidence, or the rights (including intellectual property rights) of any third party.

4.4 Third-Party Personal Information: You acknowledge that strata reports often contain personal information of third parties (e.g., strata managers, lot owners). You warrant that your use of the Service to process this personal information complies with Australian Privacy Principles (APPs), including regarding the use of personal information for the primary purpose for which it was collected.

5. FEES AND PAYMENT

5.1 Fees: You agree to pay the fees displayed on the StrataClear website at the time of transaction. All fees are inclusive of GST unless stated otherwise.

5.2 Refunds: Refunds may be provided in accordance with your rights under the Australian Consumer Law. We do not provide refunds for dissatisfaction with the AI output where the Service has been provided with due care and skill as a search tool, acknowledging the inherent limitations of AI described in Clause 2.

5.3 Price Review: From time to time, we may change the fees that apply to the Service, as will be displayed on the StrataClear website. Any such change will not affect any rights to use the Service which you have already purchased, but the revised pricing will apply to any subsequent access rights you may choose to purchase.

6. LIMITATION OF LIABILITY

6.1 Australian Consumer Law (ACL): Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Competition and Consumer Act 2010 (Cth) (the "CCA") which cannot be lawfully excluded. If the CCA or any other law implies a condition, warranty or term into these Terms, or provides a statutory guarantee in connection with the Terms or in respect of the Service, our liability for breaching any of the foregoing is limited, to the extent it is permissible to do so, to (at our election): (a) supplying the services again; or (b) paying the cost of having the services supplied again.

6.2 Liability Cap: Subject to and without limiting Clause 6.1, and to the maximum extent permitted by law, StrataClear's total aggregate liability for any loss, damage, cost, or expense arising out of or in connection with these Terms or the Service (whether in contract, tort including negligence, equity, statute, or otherwise) is limited to the total amount of fees paid by you to StrataClear in the twelve (12) months preceding the event giving rise to the claim.

6.3 Exclusion of Consequential Loss: To the maximum extent permitted by law, StrataClear excludes all liability for (a) any indirect, special, consequential, exemplary or punitive losses or damages; or (b) any losses or damages (whether direct or indirect) resulting from:

  • (a) loss of profit, revenue, or anticipated savings;
  • (b) loss of opportunity or goodwill;
  • (c) loss of data; or
  • (d) a property purchase decision.

7. INDEMNITY

You agree to indemnify, defend, and hold harmless StrataClear, its employees, third party suppliers, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

  • (a) your breach of these Terms;
  • (b) your violation of any third-party right, including intellectual property, confidentiality or privacy rights, via your User Content; or
  • (c) your use of, or reliance on, any output generated by the Service.

8. INTELLECTUAL PROPERTY

8.1 StrataClear IP: We (and our licensors, as applicable) remain the sole owner of all right, title and interest in the Service, including its interface, proprietary algorithms, logos, trade marks, trade names, and code. Except as set out in these Terms, we do not grant you any rights or licences in respect of the Service.

8.2 Feedback: If you provide feedback or suggestions regarding the Service, StrataClear may use such information without any payment, attribution, or other obligation to you.

9. TERMINATION

9.1 By you: You may terminate your use of the Services at any time. Doing so does not relieve you of any obligation to pay any outstanding fees.

9.2 By StrataClear: We may immediately suspend or terminate your right to use and access the Service if (in our absolute discretion):

  • (a) you breach any provision of these Terms (including failing to pay any applicable fees); or
  • (b) continuing to provide the Service would be in breach of any applicable law.

9.3 Service Cessation: StrataClear may immediately terminate your right to use and access the Service if, in its sole discretion, StrataClear decides to discontinue the Service, in whole or in part, for all or an identified group of its customers (for example, if it becomes impractical or unprofitable for StrataClear to operate in a particular region). In this event, we will use reasonable efforts to notify you at least thirty (30) days prior to the termination.

9.4 Survival: Upon termination or expiry of the Terms, your indemnification obligations, our disclaimers, the limitations on liability, and the dispute resolution provisions of the Terms will survive.

10. UPDATES AND AVAILABILITY

10.1 Updates: We may update or change all or any aspect of the Service from time to time. This may be to improve the Service (for example, to introduce new features), but it also may involve updates or discontinuations which may result in a diminishment of the value of the Service to you (if we reasonably expect this may be the case, we will aim to notify you of such update at least thirty days in advance).

10.2 Availability: To the extent permitted by law, the Services are provided on an "as is, where is" basis. We do not warrant or represent that the Services will be constantly available, uninterrupted, timely, secure or error-free. For example, there may be periods of downtime where the Service is not available due to planned or unplanned maintenance, or issues experienced by our third party providers.

11. DISPUTE RESOLUTION

11.1 Mandatory Mediation: In the event of a dispute arising out of or in connection with these Terms, neither party may commence court proceedings (except for urgent interlocutory relief) unless the relevant party has first:

  • (a) provided written notice of the dispute to the other party, including reasonable detail as to the nature of the dispute;
  • (b) attempted to resolve the dispute through good faith discussions with representatives of the other party (provided that the other party must agree to participate in such discussions promptly); and
  • (c) if the dispute is not resolved after engaging in discussions under paragraph (b), attempted to resolve the dispute in good faith through mediation administered by the Australian Disputes Centre (ADC) in New South Wales (with the cost of such mediation shared equally between the parties).

If for any reason such dispute has not been resolved after thirty days have elapsed since the initial dispute notice under paragraph (a) above (including if the other party has failed to participate in such discussions and/or mediation), the party raising the dispute shall be entitled to commence court proceedings in respect of such dispute.

12. GENERAL

12.1 Governing Law: These Terms are governed by the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

12.2 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

12.3 Modifications: We may change these Terms at any time, so you must review the Terms regularly. For material changes, we will aim to provide at least 30 days' notice via email or a prominent notice on the Service. If you do not agree to any amended Terms, you must immediately stop using the Service and, if applicable, cancel any ongoing subscription. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

12.4 Entire Agreement: These Terms constitute the entire agreement between the parties regarding the Service and supersede all prior agreements and understandings. Headings are provided for convenience only, and will not be used to interpret meanings or intent.

12.5 Force Majeure: Neither party will be liable for any failure to perform obligations under these Terms (other than your obligation to pay any amounts to us), to the extent caused by reasons which are outside of the reasonable control of the affected party to prevent or mitigate against.

Contact Us

If you have questions about these Terms, or wish to provide us any notice in connection with these Terms, please contact us at: support@strataclear.com.au. We may send you notices in connection with these Terms to the email address associated with your account.