Terms and Conditions

1. Who we are and what these Terms cover

These Terms govern your use of the Platform operated under the ForgeAI / Porticus brands (together with officers, employees, contractors, affiliates, licensors, and suppliers, “we”, “us”, or “ForgeAI”). They apply whether you are a paying customer, pilot participant, invited collaborator, or a visitor using a public or shared link.

If any mandatory consumer or other law in your jurisdiction cannot be excluded, these Terms apply to the maximum extent that law still allows. Nothing here is intended to exclude liability that cannot lawfully be excluded (including non-excludable guarantees under the Australian Consumer Law where that law applies).

2. Nature of the service — estimating aid only

The Platform provides AI-assisted and automated tools for construction document handling, quantity takeoff support, estimating support, review aids, exports, and related workflows. Outputs may include quantities, measurements, dimensions, line items, rates, markups, totals, confidence scores, flags, schedule or specification interpretations, RFIs, proposals, quotes, cover text, and any other derived material (together, “Outputs”).

The Platform is an estimating and productivity aid only. It is not a quantity surveyor, architect, engineer, lawyer, or certifier. It does not issue certified measurements, sealed opinions, or contractually binding offers on our behalf. It does not guarantee completeness, correctness, code compliance, or fitness for any tender, bid, quote, or contract.

3. No reliance — you verify everything

Outputs are produced by automated systems, machine learning models, heuristics, third-party services, and user inputs. They can be incomplete, wrong, outdated, misaligned to drawings, double-counted, under-counted, mis-priced, or misleading. Confidence scores, flags, and “why flagged” style explanations are indicative only and may themselves be wrong.

You must not rely on any Output without independent verification by a suitably qualified person against the current contract documents (drawings, specifications, schedules, addenda, instructions, and commercial requirements). You and your organisation are solely responsible for that verification and for every decision made using the Platform or Outputs.

Final responsibility for the accuracy, completeness, commercial suitability, and fitness of any takeoff, estimate, BOQ, rate, total, proposal, quote, RFI, submission, or other use of Outputs rests entirely with you and your organisation — never with ForgeAI.

4. AI-generated content, prices, proposals, and quotes

The Platform may generate or assemble client-facing proposals, quotes, price schedules, narratives, inclusions/exclusions, and similar documents from your takeoff and settings (together, “Proposal Outputs”). Rates, markups, and totals may be suggested or calculated automatically, including from history, catalogues, defaults, or AI.

ForgeAI is not responsible for any error, omission, under-price, over-price, calculation fault, wrong unit, wrong quantity, wrong description, or misleading wording in any Output or Proposal Output. AI and automation make mistakes. You must review, edit, and approve every figure and every sentence before you send anything to a client, tender authority, or third party, or otherwise rely on it.

Generating a proposal or quote does not make ForgeAI a party to any offer. Any contractual offer you issue is solely your organisation's offer. We have no liability for lost work, margin loss, disputes, claims, liquidated damages, rework, or any other consequence of using Outputs or Proposal Outputs.

5. Absolute disclaimer of warranties

To the maximum extent permitted by law, the Platform and all Outputs are provided “as is” and “as available”, with all faults and without any warranty of any kind — express, implied, or statutory — including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, currency, quiet enjoyment, or uninterrupted or error-free operation.

We do not warrant that the Platform will meet your requirements, that defects will be corrected, that files will be preserved, or that Outputs will match your drawings or market rates. You use the Platform entirely at your own risk.

Where the Australian Consumer Law or other mandatory law implies guarantees that cannot be excluded, our liability for breach of those guarantees is limited, to the extent permitted, to resupply of the services or payment of the cost of resupply.

6. Exclusion and limitation of liability

To the maximum extent permitted by law, ForgeAI shall have no liability whatsoever to you or any third party for any loss, damage, cost, or claim arising out of or related to the Platform, Outputs, Proposal Outputs, unavailability, data loss, security incidents, or reliance on any content — whether in contract, tort (including negligence), statute, equity, or otherwise — even if we were advised of the possibility of such loss.

Without limiting the foregoing, we are not liable for: lost profits, revenue, margin, or business opportunity; under- or over-pricing; failed or withdrawn tenders; client or subcontractor disputes; construction defects or variations; liquidated damages; reputational harm; data loss or corruption; third-party claims; or any indirect, incidental, special, consequential, exemplary, or punitive damages.

If, despite the above, a court or tribunal finds that we have any liability that cannot be fully excluded, our aggregate liability for all claims in any twelve (12) month period is limited to the greater of (a) the fees you paid us for the Platform in the three (3) months immediately before the claim arose, and (b) AUD $100 — except where mandatory law requires a higher minimum, in which case that mandatory minimum applies and nothing more.

The limitations in this section apply independently of the success or failure of any exclusive remedy and form a fundamental basis of the bargain. Multiple claims do not enlarge the cap.

7. Indemnity

You agree to indemnify, defend, and hold harmless ForgeAI from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform or Outputs; (b) any bid, tender, quote, proposal, or contract you issue or enter using Outputs; (c) your content or data; (d) your breach of these Terms or applicable law; (e) any third-party claim that your use of the Platform or Outputs caused them loss; or (f) any personal injury, property damage, or professional negligence claim connected with construction work based on Outputs.

8. Your content and data

You retain ownership of documents and data you upload. You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit, reproduce, and display that material as needed to operate the Platform for you (and, where your organisation's settings allow, to improve the product in a manner that does not publicly disclose your confidential drawings). You represent that you have all rights needed to upload and process that content and that doing so does not violate law or third-party rights.

We are not responsible for loss of uploaded files or project data. You should keep your own copies of source documents and critical exports. Handling of personal information is further described in our Privacy Policy, which is incorporated into these Terms by reference.

9. Accounts, share links, and collaborators

You are responsible for activity under your account and for protecting credentials. Share links and public views may expose project information to anyone who has the link; you control and are responsible for who you share with and what they see. Viewers of shared workspaces remain bound by these Terms to the extent they use the Platform. We may revoke or expire links for security or policy reasons.

10. Acceptable use

You must not: misuse or attack the Platform; reverse engineer it except where mandatory law allows; access another tenant's data; use Outputs as the sole basis of a certified, sealed, or professional opinion without independent human verification; scrape or resell the service in breach of your agreement; upload unlawful, infringing, or harmful content; or use the Platform for unlawful purposes. We may suspend or terminate access for breach or risk to the service, with or without prior notice where reasonably necessary.

11. Exports, proposals, and “I Agree”

Before certain downloads, exports, or proposal/quote actions, the Platform may require an “I Agree” confirmation. That click is express acceptance of these Terms for that action and reaffirmation that verification of all quantities, rates, totals, and narrative is your responsibility. Ordinary use of the Platform already constitutes acceptance of these Terms even without that click.

12. Third-party services and hosting

The Platform may rely on third-party hosting (including Railway.com), AI providers, storage, authentication (including Clerk), email, or other services. We are not responsible for their acts, omissions, outages, or errors. Your use of third-party services may be subject to their own terms. Hosting locations and subprocessors are described further in the Privacy Policy.

13. Changes to the Platform or Terms

We may change, suspend, or discontinue any part of the Platform at any time. We may update these Terms at any time by posting a revised version on the Platform with an updated “Last updated” date. Continued use after changes are posted constitutes acceptance of the updated Terms. If you do not agree, stop using the Platform. For material changes to paid enterprise contracts, we will use commercially reasonable efforts to provide advance notice where the signed agreement requires it.

14. Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including outages of cloud or AI providers, internet failures, cyber attacks, labour disputes, acts of government, natural disasters, or war.

15. Feedback

If you provide ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or compensation, and without any obligation of confidentiality except for your confidential project content.

16. Governing law, venue, and disputes

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-law rules. Subject to any non-excludable rights, the courts of New South Wales and the Commonwealth of Australia have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Platform. You and we consent to that venue.

Before filing a claim, you agree to attempt good-faith resolution by contacting us with a written description of the dispute. Either party may seek interim injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

To the maximum extent permitted by law, you may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

17. General

These Terms, together with the Privacy Policy and any order form or signed enterprise agreement, are the entire agreement between you and us regarding the Platform. A signed enterprise agreement controls only to the extent of express conflict. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in full force. Failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a reorganisation, financing, or sale. Notices may be given by email, in-product message, or posting on the Platform. Sections on disclaimers, liability, indemnity, intellectual property, feedback, governing law, and survival-related obligations survive termination. Headings are for convenience only. The English language version controls.

18. Contact

Questions about these Terms: contact your ForgeAI account representative, the support channel provided for your pilot or subscription, or legal@porticusai.com. Privacy requests: privacy@porticusai.com.