Terms of Service &
User Agreement

Welcome to My Complex Pty Ltd. (www.mycomplex.au). This platform, including its web applications and mobile applications for iOS and Android (collectively, the "Platform"), is owned and operated by My Complex Pty Ltd ("we", "us", or "our"), headquartered in Brisbane, Queensland, Australia.

By registering an account, logging into, or accessing the Platform as a Unit Owner, Resident, Building Manager, Staff Member, or Contractor (collectively, "Users" or "you"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must immediately cease using the Platform.

1. Nature of the Service

The Platform is a cloud-based building management software SaaS designed to streamline administrative building tasks, log building directories, facilitate communications, and host an internal community network.

2. Australian Consumer Law (ACL) Mandated Carve-Out

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms operates to exclude, restrict, or modify any statutory guarantee, right, or remedy implied by law which cannot be lawfully excluded.

3. Limitation of Liability

3.1 Technical Availability and As-Is Basis

The Platform is provided on an "as-is" and "as-available" basis. While we implement rigorous technical safeguards, including SSL/TLS data encryption and regular security testing, no web or mobile platform is entirely immune to outages, software faults, data corruption, or unauthorised third-party attacks ("hacking").

3.2 Allocation of Risk

You utilize the Platform at your own risk. We take all reasonable care in developing and deploying the software, but we do not warrant that the Platform will be completely error-free or uninterrupted.

3.3 Exclusion of Consequential Loss

In no event will we be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, loss of operational data, property damage, physical breach of building security, data breach consequences, loss of goodwill, or business interruption, arising out of or in connection with the Platform's performance or failure.

3.4 Maximum Financial Cap

Our maximum total aggregate liability to you for any single or series of claims in contract, tort (including negligence), statute, or otherwise is strictly limited to:

• (a) Commercial Subscribers: In the case of a paying commercial subscriber (e.g., Strata Corporation or Building Management Entity), the total subscription fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to liability.
• (b) End-Users: In the case of an individual resident, contractor, or free end-user, the total amount of $100.00 AUD.

4. Intellectual Property & Prohibited Restrictions

The source code, databases, visual interfaces, logos, and mobile app binaries of the Platform are the exclusive intellectual property of My Complex. Except for the limited mobile application license expressly granted herein, no ownership rights are transferred to the user.

You explicitly agree that you will not, and will not permit any third party to:

• Decompile or Reverse Engineer: Attempt to decompile, reverse engineer, disassemble, modify, or derive the raw source code of the web dashboard or native iOS/Android application builds.
• Bypass Security Systems: Bypass, circumvent, probe, scan, or test the vulnerability of our SSL/TLS encryption shields, firewall layers, or automated database access authentication pipelines.
• Automated Scraping: Use automated bots, spiders, scripts, or scrapers to extract bulk resident data registers, contractor records, or building logs from the system database.
• Malicious Interventions: Introduce trojans, worms, logic bombs, or execute Distributed Denial of Service (DDoS) operations targeting our Sydney-hosted server infrastructure.

Any verified breach of this section constitutes a severe violation of this agreement and will result in immediate, permanent account termination without notice, alongside systemic referral to relevant Australian law enforcement agencies.

5. High-Risk Security Data Obligations

The Platform permits the logging of keyholder registers, physical photos of keys, and secure access codes (e.g., intercom PIN numbers).

5.1 User Security Protocols

You are solely responsible for maintaining the confidentiality of your account login credentials.

5.2 Liability for Authorisation

We are not responsible for unauthorised building access resulting from weak user passwords, users sharing access PINs, or building managers misallocating access privileges within the software architecture. You must notify us immediately if you suspect a system credential breach.

6. "Verified" Contractors Program

The Platform designates certain third-party contractors as "Verified".

6.1 Definition of Verified

A "Verified" badge or status indicates solely that we have performed basic administrative checks on the contractor's Australian Business Number (ABN), Registry status, and Certificate of Currency for Public Liability Insurance at the time of their registration.

6.2 Exclusion of Workmanship Liability

A "Verified" status does not constitute an endorsement, recommendation, or guarantee of the contractor's quality of work, safety protocols, character, or ongoing legal fitness. Any contract for physical repairs, maintenance, or services is formed strictly between the Resident/Building Manager and the Contractor. We accept zero liability for defective work, personal injury, or property damage caused by a contractor sourced via the Platform.

7. Peer-to-Peer Internal Marketplace ("The Couch Clause")

The Platform provides a passive classifieds style venue allowing residents to communicate regarding the peer-to-peer sale or trade of personal goods (e.g., selling furniture).

7.1 No Financial Intermediary

We do not process marketplace payments, act as an escrow agent, or take commissions. The transaction is entirely outside our control.

7.2 Complete Venue Disclaimer

We do not inspect, value, authenticate, or guarantee the safety or legality of any item listed. Any physical meeting to exchange goods or cash transfers on or off the building premises is conducted strictly at the independent risk of the participating residents.

8. Third-Party API Integrations

The Platform integrates with third-party services, including Google Maps and OpenWeather.

8.1 Third-Party Disruptions

We are not responsible for the uptime, accuracy, or data quality of these third-party services.

8.2 Third-Party Terms

By using maps or location features, you also agree to the applicable Google Maps/Google Earth Additional Terms of Service and Google Privacy Policy.

9. Additional Legal Terms

9.1 Force Majeure and Service Outages

My Complex is not liable for service failures, delays, or interruptions caused by events beyond our reasonable control, including telecommunications failures, data center outages, major power disruptions, severe weather events, or large-scale cyber incidents.

9.2 Age Requirements and Authority

By creating and using an account, you confirm that you are at least 18 years of age, have legal capacity to enter into binding agreements, and are authorised to access the relevant building profile.

9.3 Platform Updates and Changes

We may release updates, apply security patches, and adjust platform features to maintain service quality and security. Continued use of the Platform after updates means you accept the updated terms.

9.4 Building Management Responsibilities

My Complex provides software tools. Administrative decisions and operational actions taken by building management or a Strata Committee remain the responsibility of those governing parties.

9.5 Jurisdiction

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts located in Brisbane, Queensland for the resolution of any disputes.