Terms of Service

1. Agreement

ConditionHQ ("the Service") is operated by Futureman Labs LLC, a limited liability company registered in Delaware, United States ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

We supply the Service to customers in Australia. Although we are incorporated overseas, we accept that the Australian Consumer Law applies to our supply of the Service to Australian customers, and these Terms are written on that basis. See clause 8.

2. Description of Service

ConditionHQ provides AI-powered property condition report software for Australian property managers. The Service is available as a web application at conditionhq.app and as a mobile application for iPhone and iPad. It includes condition report creation, photo capture and management, AI-generated descriptions (cloud and on-device), PDF export, and related features.

Your use of the mobile applications is also subject to the Apple App Store Terms of Service or Google Play Terms of Service, as applicable.

3. Accounts & Plans

You must provide accurate information when creating an account. You are responsible for maintaining the security of your account. We offer Free, Pro ($59/month), and Agency ($149/month) plans. Plan features and pricing may change with reasonable notice.

4. Your Data

You retain ownership of all content you create using the Service, including condition reports, photos, and descriptions. We do not claim ownership of your data. You grant us a limited licence to store, process, and display your content as necessary to provide the Service.

5. AI-Generated Content

ConditionHQ uses AI to generate condition descriptions from your photos. While we strive for accuracy, AI-generated descriptions should be reviewed and edited by a qualified property manager before use. You are responsible for the accuracy of your final condition reports.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to reverse-engineer the Service or its AI models
• Upload content that infringes on others' intellectual property
• Share your account credentials with unauthorised users
• Interfere with the operation of the Service

7. Payment & Refunds

Paid plans are billed monthly or annually via Stripe. You can cancel at any time. If you cancel, you retain access until the end of your billing period. We offer a 30-day money-back guarantee on all paid plans.

This money-back guarantee is offered by us voluntarily. It is in addition to the rights you have under the Australian Consumer Law described in clause 8, not a replacement for them.

8. Disclaimers & Your Rights Under Australian Consumer Law

ConditionHQ is a software tool. It is not legal advice and is not a substitute for professional advice about tenancy legislation. We do not guarantee any particular outcome in a bond dispute, tribunal proceeding, or compliance audit. Always check your state or territory's tenancy authority for definitive legal requirements, and review every report before you issue or rely on it.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy you have under the Australian Consumer Law or any other law, where doing so would be unlawful. If you are a "consumer" within the meaning of the Australian Consumer Law, you are entitled to a remedy for a major failure and to compensation for any other reasonably foreseeable loss or damage. Every other clause in these Terms, including clause 9, applies only to the extent the law allows and is read subject to this clause.

9. Limitation of Liability

This clause is subject to clause 8 and applies only to the maximum extent permitted by law.

9.1 Cap on our liability. Our total aggregate liability to you for all claims arising out of or in connection with the Service or these Terms (whether in contract, tort including negligence, under statute, or otherwise) is limited to the total fees you actually paid us for the Service in the 12 months immediately before the event giving rise to the claim. If you are on the Free plan and have paid us nothing, our total aggregate liability is limited to AUD $100.

9.2 Consumer guarantees. Where we fail to comply with a consumer guarantee under the Australian Consumer Law, and the services supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for that failure is limited (at our option) to resupplying the services or paying the cost of having the services resupplied. This limitation does not apply where it would not be fair or reasonable for us to rely on it.

9.3 Losses we are not liable for. We are not liable for any indirect, incidental, special or consequential loss, or for any of the following, however caused:

• loss of profit, revenue, business, contracts or anticipated savings;
• loss or corruption of data, beyond our obligation to restore from our most recent available backup;
• your time, your staff's time, labour costs, or wages paid for time spent;
• travel, fuel, accommodation, callout or re-inspection costs;
• the cost or outcome of bond disputes, tribunal or court proceedings, adverse findings, penalties or fines;
• loss of goodwill or reputational damage;

even if we knew or should have known that loss was possible.

9.4 Refund as our preferred remedy. Where we are at fault and the law permits us to choose the remedy, our preferred remedy is to refund the fees you paid for the affected period.

9.5 Matters outside our control. We are not liable for loss caused by your own acts or omissions, or by events outside our reasonable control. This includes inaccurate information you enter, publishing AI-generated descriptions without reviewing them, and missing a statutory deadline.

9.6 Your responsibility. You are responsible for the accuracy and legal sufficiency of every condition report you produce and issue using the Service.

10. Termination

We may suspend or terminate your account if you violate these Terms. You may delete your account at any time. Upon termination, your data will be retained for 30 days before deletion, during which you can export your reports.

11. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts able to hear appeals from them. Nothing in this clause prevents you from bringing a claim in your own state or territory where the law gives you that right.

For the avoidance of doubt: we are incorporated in Delaware, United States, but we do not seek to substitute the law of any other country for Australian law. If you are an Australian consumer, the Australian Consumer Law applies to our supply of the Service to you regardless of where we are incorporated or which law governs these Terms.

12. Contact

Questions about these Terms? Contact us at david@futuremanlabs.com.