Terms of Service

Draft — not yet legally reviewed. These documents were prepared in-house and describe how the service actually works today, but they have not been reviewed by a lawyer. Don't rely on them as a final statement of your rights, and don't sign a customer up against them until that review has happened.

Effective 28 August 2026

These terms govern your organisation's use of Kinetic Project and Kinetic BIM Standard and Kinetic BIM Pro (together, the Service), supplied by Kinetic Build Limited (NZBN 9429050533565), trading as Kinetic BIM (we, us). You means the organisation that subscribes to the Service, and includes the people you give access to.

These terms are written for organisations acquiring the Service for business purposes. If anything here conflicts with a signed agreement between us, the signed agreement wins.

1. What we provide

Kinetic Project is a hosted application for managing BIM consultancy work — projects, tasks, drawings, variations, time, client communications and progress claims — together with a client portal through which you can share work with your own clients. Kinetic BIM Standard and Kinetic BIM Pro are Revit add-ins licensed per seat that feed data into it.

We provide the Service on a subscription basis for the term agreed with you. We may change how the Service works — adding, altering and removing features — provided we do not materially reduce its overall functionality during a paid term.

2. Accounts, seats and access

Accounts are currently provisioned by us at your request. Your administrators can then add, deactivate and set permissions for your own people from within the Service.
A user account identifies one named person. Accounts must not be shared between people. Seat counts are agreed with you and enforced commercially, not technically.
Sign-in is passwordless: we email a single-use link and code. You are responsible for the security of the mailboxes those are sent to, and for telling us promptly if you believe an account has been compromised.
You are responsible for what the people you give access to do in the Service, including any of your own clients you invite into the client portal.

3. Your data

You own it. All data you or your users put into the Service — projects, drawings, correspondence, financial records, files — remains yours. We claim no ownership over it.
You grant us the limited rights needed to host, process, back up and display that data for the purpose of providing the Service to you, and for no other purpose.
We do not use your data to train machine-learning models, and we do not sell it or share it for advertising.
Where your data includes personal information, the Data Processing Addendum applies and forms part of these terms.
You are responsible for having the right to put the data into the Service in the first place — including any personal information about your own staff and clients.

4. Acceptable use

You agree not to:

use the Service unlawfully, or to store or transmit unlawful material;
attempt to access another organisation's data, probe or circumvent the access controls that separate tenants, or interfere with the Service's operation;
resell, sublicense or provide the Service to a third party as a service of your own, other than by sharing your own project data with your own clients through the client portal as the Service is designed to allow;
copy, decompile or reverse-engineer the software, except to the extent that restriction is unenforceable by law.

If you find a security flaw, please tell us at bim@kineticbuild.co.nz rather than exploiting it. We will not pursue anyone who reports a genuine flaw responsibly and gives us a reasonable chance to fix it.

5. Fees

Fees, the billing period and the number of seats are as agreed with you in writing. Amounts are exclusive of GST and any other applicable taxes unless stated otherwise.
Invoices are payable within 20 days of the end of the month of invoice, unless agreed otherwise.
We may change our prices with at least 30 days' notice, taking effect at your next renewal. If you don't accept a price change you may decline to renew.
Add-in seats purchased through our online store are subject to the purchase terms presented at checkout, including any refund period stated there.

6. Availability and support

We aim to keep the Service available at all times, but we do not currently offer a contractual uptime guarantee or service credits. We would rather say that plainly than publish a number we can't yet stand behind.
We may take the Service down for maintenance. Where the work is planned and likely to be disruptive, we will give you reasonable notice.
Support is provided by email during New Zealand business hours at bim@kineticbuild.co.nz. We do not commit to a fixed response time.
The Service depends on third parties — hosting, email delivery, and any integrations you connect. An outage at one of those may interrupt the Service, and is outside our control.

7. Intellectual property

We own the Service, the software behind it, and everything we develop in providing it. These terms grant you a non-exclusive, non-transferable right to use the Service during your subscription, and nothing more. Feedback you give us about the Service may be used freely, without obligation to you and without giving us any rights in your data.

8. Confidentiality

Each of us may learn confidential information about the other. Neither will disclose it to anyone else except to people who need it and are under equivalent obligations, or where the law requires it. Your data in the Service is your confidential information. These obligations continue after the agreement ends.

9. Warranties and disclaimers

We warrant that we will provide the Service with reasonable care and skill.
Otherwise, and to the fullest extent permitted by law, the Service is provided as is. We do not warrant that it will be uninterrupted or error-free, or that it will meet a requirement we have not agreed with you in writing.
The Service supports your commercial records; it does not replace your own professional judgement, your obligations to your clients, or your own accounting and record-keeping duties.
You acquire the Service for the purposes of a business, so the Consumer Guarantees Act 1993 does not apply, and sections 9, 12A and 13 of the Fair Trading Act 1986 are contracted out of. Both of us agree that this is fair and reasonable.

10. Liability

Neither of us is liable to the other for indirect or consequential loss, or for lost profit, revenue, goodwill or anticipated savings.
Our total liability to you in any 12-month period, whatever the cause, is capped at the fees you paid us in that period.
Nothing in these terms limits liability that cannot be limited by law, or either party's liability for fraud.

11. Term, termination and what happens to your data

The agreement runs for the term agreed and renews for successive equivalent terms unless either of us gives notice not to renew before the end of the current term.
Either of us may terminate immediately if the other materially breaches these terms and does not fix it within 30 days of being told, or becomes insolvent.
On termination you can take your data with you. For 30 days after the agreement ends, we will provide an export of your data in a machine-readable format on request, at no charge.
After that 30-day window we will delete your data from the live Service within a further 30 days. Copies in routine backups are deleted as those backups age out — we keep the most recent 90 nightly backups, so within about three months.
We may suspend access for non-payment after giving you notice and a reasonable chance to fix it. Suspension is not deletion — your data is retained through a suspension.

12. Changes to these terms

We may update these terms. For a material change we will give you at least 30 days' notice by email to your administrators, and the change takes effect at your next renewal. The effective date at the top of this page always reflects the current version.

13. General

Governing law. These terms are governed by New Zealand law, and both of us submit to the non-exclusive jurisdiction of the New Zealand courts.
Disputes. Before starting proceedings, each of us will make a genuine attempt to resolve the dispute by discussion between people with authority to settle it. This does not prevent either of us seeking urgent interim relief.
Assignment. Neither of us may assign the agreement without the other's consent, except to a successor of substantially the whole of its business.
Entire agreement. These terms, the Data Processing Addendum, and any order or proposal we have both signed, are the whole agreement between us on this subject.
Severability. If a provision is unenforceable, the rest continues to apply.

14. Contact

Kinetic Build Limited, 29 Grivelle Street, Kumeu, Auckland 0810, New Zealand. Email bim@kineticbuild.co.nz.

Effective 28 August 2026. Kinetic Build Limited trading as Kinetic BIM, registered in New Zealand.

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