EXCON OS SOFTWARE PLATFORM TERMS OF USE

Platform Operator Excon OS – Excon Operating Systems Director: Daniel James Bultman

1. ACCEPTANCE OF TERMS

These Terms of Use (“Terms”) govern access to and use of the Excon OS – Excon Operating Systems software platform (“Excon OS”).

By accessing, registering for, or using Excon OS, the User agrees to be bound by these Terms.

If the User does not agree, they must immediately cease using the platform.

2. DEFINITIONS

Platform

Excon OS, including its platform tools, account features, website services, business modules and support services.

User

Any individual, company or organisation accessing or using the platform.

Account

A registered user profile used to access platform services.

Content

All data, files, documents, project information, estimates, reports, analytics and materials uploaded or generated through the platform.

Services

All features, modules, AI tools, integrations and marketplace services provided through Excon OS.

3. PLATFORM DESCRIPTION

Excon OS provides digital systems and tools supporting construction, development and business operations, including but not limited to:

  • Estimating and quantity takeoff systems
  • Procurement and tendering tools
  • Project and task management tools
  • Financial modelling and feasibility analysis
  • Research databases and commercial intelligence
  • Supplier and marketplace integrations
  • AI-powered automation and analytics

Excon OS – Excon Operating Systems may modify, upgrade or remove features at any time.

4. ACCOUNT REGISTRATION

Users may be required to create an Account to access certain Services.

Users must:

  • Provide accurate and current information
  • Maintain account security
  • Keep login credentials confidential
  • Notify the platform of any unauthorised use

Users are responsible for all activity conducted through their Account.

5. PLATFORM LICENCE

Excon OS – Excon Operating Systems grants Users a limited, non-exclusive, non-transferable licence to access and use the platform during an active subscription.

No ownership rights are transferred to the User.

6. INTELLECTUAL PROPERTY

All intellectual property rights in Excon OS are owned exclusively by Excon OS – Excon Operating Systems.

This includes:

  • Platform branding, design and user-facing materials
  • Templates, reports, documents and training materials
  • Business tools, calculators and generated platform outputs
  • Published website content created through Excon OS services

Users must not:

  • Copy, reproduce or replicate the platform
  • Reverse engineer or decompile systems
  • Extract or scrape platform data
  • Misuse Excon OS materials to copy or compete with the platform

All rights remain vested in Excon OS – Excon Operating Systems.

7. USER DATA

Users retain ownership of all data they upload to the platform.

By using Excon OS, Users grant Excon OS – Excon Operating Systems a licence to:

  • Store and process data
  • Operate platform functionality
  • Analyse data to improve platform performance
  • Use anonymised data for system improvement

Excon OS – Excon Operating Systems will take reasonable measures to protect user data.

8. DATA PROTECTION AND PRIVACY

Excon OS – Excon Operating Systems is committed to protecting user data.

Excon OS will:

  • Not sell, rent or trade user data
  • Not share user data with third parties without user consent

Except where required:

  • By law or regulatory authority
  • To protect platform security or integrity
  • For essential platform infrastructure under strict confidentiality

Users control when and how their data is shared, except that free account access includes consent for Excon OS – Excon Operating Systems to access and use free-account contact names, email addresses and related business contact details for platform marketing, advertising and promotional purposes as described in the Free Account Conditions.

9. ACCEPTABLE USE

Users must not:

  • Use the platform for unlawful purposes
  • Upload malicious software
  • Attempt unauthorised system access
  • Interfere with platform operations
  • Misrepresent identity or business details
  • Use automated tools to extract data

Breaches may result in suspension or termination.

10. FEES AND SUBSCRIPTIONS

Access to Excon OS may require payment of:

  • Subscription fees
  • Module access fees
  • Transaction fees
  • Marketplace commissions

All fees are determined by Excon OS – Excon Operating Systems and may be updated at any time.

Promotional subscription pricing, including any “Founding 100”, launch, early-subscriber, percentage-off, special privilege or limited-time offer, is conditional on the User maintaining an active subscription in good standing.

If a User cancels their subscription at any time, allows the subscription to lapse, fails to pay, or otherwise loses active subscriber status, the User forfeits all promotional pricing, special privileges and promotional offers attached to that subscription.

Once forfeited, promotional pricing and special offers cannot be reclaimed, transferred, reinstated or applied to a future subscription. The User may return to Excon OS only at the then-current standard subscription pricing.

10.1 Payment and Platform Access

By purchasing an Excon OS subscription, the User agrees to pay the selected subscription fee for access to the platform and the features included in the chosen package. Subscription access is provided only while payments remain active and up to date.

Payments are billed according to the selected billing cycle, including monthly, yearly or as otherwise agreed at the time of purchase. Fees may vary depending on the selected package, enabled features, usage limits, websites, client portal requirements, integrations, support requirements or custom setup.

Platform access is granted to the subscriber account and authorised users linked to that account. The User is responsible for keeping login details secure and ensuring only approved users access the account. Access may be restricted, suspended or cancelled if payment fails, account details are misused, security is compromised or the platform is used in breach of acceptable business use.

Excon OS provides access to business tools, workflows, records, documents, automation, reporting and related platform features based on the active subscription package. Some tools may require setup, configuration, third-party integration approval or feature availability under the selected plan.

Subscription fees do not include third-party service charges, external software fees, payment provider fees, SMS or email usage costs, custom development, migration work or integrations unless clearly stated in writing.

The User is responsible for the accuracy of information entered into the platform, including customer records, project data, estimates, invoices, safety records, documents and reports. Excon OS provides business management tools but does not replace professional, legal, financial, accounting, engineering, compliance or safety advice.

If a subscription payment is missed or declined, access may be limited until payment is resolved. Continued non-payment may result in cancellation of access. Data retention after cancellation may be limited, and Users should export important records before ending access.

By completing payment, the User confirms they understand the selected package, payment amount, billing cycle, included features and access conditions. Continued use of the platform confirms acceptance of these Terms.

10.2 Platform Credits and Premium Usage

Certain premium services within Excon OS, including premium AI tools, generated video services, Maps services, weather services and geocoding services, are subject to a monthly Platform Credit allowance attached to the User’s subscription package or agreed account configuration.

Platform Credits are a fair-use control and operational access limit. They are not cash, stored value, legal tender, refundable credit, transferable property or a financial product. Platform Credits may be used only for eligible platform services and have no monetary redemption value unless expressly agreed in writing by Excon OS – Excon Operating Systems.

If the User’s monthly Platform Credit allowance is exhausted, Excon OS may automatically restrict, pause or block further premium AI, video, Maps, weather and geocoding calls for the remainder of that billing or usage period. Core platform access and non-premium tools may continue to operate, provided the User’s subscription remains active, paid and otherwise compliant with these Terms.

Platform Credit usage resets on the applicable monthly usage cycle unless otherwise agreed in writing. Unused monthly Platform Credits do not roll over, carry forward, transfer between accounts or create any refund entitlement. Additional access may be provided by purchasing or being granted a top-up, package upgrade or increased Platform Credit allowance.

The User acknowledges that premium services may depend on third-party infrastructure, usage-based provider costs, availability limits, rate limits and fair-use controls. Excon OS – Excon Operating Systems may monitor, meter, limit, suspend or adjust premium usage to protect platform stability, prevent misuse, manage costs and maintain service quality for all Users.

Failure to pay applicable fees may result in suspension or termination of access.

10.3 Free Account Conditions

Free accounts are provided with limited access and may include platform advertising, sponsorship placements and promoted content within the account experience.

Free accounts may access limited CRM contact tools, client tools and project tools subject to current free-plan limits, including up to five clients, two accounts and one active project with a maximum of one new project per calendar month.

As a condition of free account access, the User agrees that Excon OS – Excon Operating Systems may access and use contact information stored in the free account, including contact names, email addresses and related business contact details, for Excon OS marketing, lead generation, platform growth, advertising and promotional communications, subject to applicable law.

11. ADVERTISING, SPONSORSHIP AND PROMOTED CONTENT

Excon OS may display advertising, sponsorships and promoted content within the platform, including inside free subscriber accounts.

This may include:

  • Supplier advertisements
  • Featured listings
  • Sponsored products
  • Marketplace promotions
  • Industry partner content

Excon OS – Excon Operating Systems reserves the right to determine:

  • Advertising placement
  • Display priority
  • Sponsorship arrangements

Advertising does not constitute endorsement unless explicitly stated.

Users interact with advertisers at their own risk.

Excon OS – Excon Operating Systems is not responsible for:

  • Advertiser claims
  • Product or service performance
  • External transactions

12. THIRD-PARTY SERVICES

Excon OS may integrate with third-party services.

Users acknowledge:

  • Third parties operate independently
  • Users must review their terms and conditions
  • Any data shared with third parties is at the User’s discretion and risk

Excon OS – Excon Operating Systems is not liable for third-party services or outcomes.

13. PLATFORM AVAILABILITY

Excon OS is provided on an “as is” and “as available” basis.

Excon OS – Excon Operating Systems does not guarantee:

  • Continuous availability
  • Error-free performance
  • Compatibility across all systems

Maintenance and updates may occur at any time.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Excon OS – Excon Operating Systems is not liable for:

  • Loss of profits
  • Business interruption
  • Loss of data
  • Indirect or consequential damages
  • Decisions made using platform outputs

Users remain responsible for verifying all outputs and decisions.

15. TERMINATION

Excon OS – Excon Operating Systems may suspend or terminate Accounts where a User:

  • Breaches these Terms
  • Misuses the platform
  • Fails to pay fees
  • Engages in unlawful activity

Access may be revoked without notice where necessary.

16. MODIFICATIONS TO TERMS

Excon OS – Excon Operating Systems may update these Terms at any time.

Updates take effect upon publication.

Continued use of the platform constitutes acceptance of updated Terms.

17. GLOBAL USE, DATA PROTECTION AND THIRD-PARTY RESPONSIBILITY

Excon OS is a global platform.

Users are responsible for complying with all applicable laws and regulations in their jurisdiction.

Excon OS – Excon Operating Systems will not share user data with any third party without user consent, except where legally required or necessary for platform operation.

Where Users choose to engage with third-party services:

  • Users are responsible for reviewing third-party terms
  • Users accept all risks associated with such services
  • Excon OS – Excon Operating Systems has no control over third-party data practices

18. REFERRAL PROGRAM TERMS

Excon OS – Excon Operating Systems may offer a referral program to eligible Users as part of the platform’s growth and community model.

18.1 Eligibility

Users must hold an active paid subscription and be in good standing to participate in the referral program.

18.2 Referral Reward

Where a User refers a new subscriber:

  • A once-off reward will be issued
  • The reward equals 10% of one (1) month of the referred User’s subscription fee

This reward is only applied where:

  • The referred User successfully completes a paid subscription
  • Payment is received and confirmed

No reward is payable for trials, failed payments or cancelled subscriptions.

18.3 Payment Method

Referral rewards are issued as:

  • A credit or discount applied to the referrer’s subscription

Referral rewards:

  • Are not redeemable for cash
  • Cannot be transferred or sold
  • Are applied to future subscription charges only

18.4 Referral Conditions

A referral is valid only where:

  • The referred User is new to Excon OS
  • The referral is clearly attributable
  • No prior account or subscription exists

Excon OS – Excon Operating Systems reserves the right to determine referral validity.

18.5 Program Limits

At this time, referrals are unlimited.

However, Excon OS – Excon Operating Systems reserves the right to:

  • Introduce limits
  • Modify reward structures
  • Change percentages
  • Suspend or end the program

at any time.

18.6 Misuse

Users must not:

  • Create fake or duplicate accounts
  • Manipulate referral tracking
  • Engage in misleading referral practices

Breaches may result in:

  • Loss of referral rewards
  • Account suspension or termination

18.7 General

The referral program is designed to reward genuine platform growth.

Excon OS – Excon Operating Systems may:

  • Audit referral activity
  • Withhold or reverse rewards
  • Update these terms at any time

19. GOVERNING LAW

These Terms are governed by the laws of Australia.

Users submit to the jurisdiction of the Courts of Australia.

20. CONTACT

Excon OS – Excon Operating Systems

Platform Operator

For enquiries, contact through official platform channels.