Terms of Use

1. Operator

DesignSure is operated by Deemed to Perform Consulting Pty Ltd (ABN 53 659 644 229), a building surveying consultancy based in Victoria, Australia. In these terms, “we,” “us,” and “our” refer to Deemed to Perform Consulting Pty Ltd.

2. Service Description

DesignSure is an automated preliminary compliance assessment tool for Part 5 (Siting) of the Victorian Building Regulations 2018. It uses AI-assisted dimension extraction and an automated rules engine to assess uploaded building plans against siting requirements.

DesignSure is not a regulatory service under the Building Act 1993. The report produced is a preliminary automated assessment only.

3. Consultative Capacity

This service is provided in a consultative capacity only — to assist users with preliminary siting compliance assessment. It does not replace, and must not be relied upon as, a formal assessment or determination under the Building Act 1993.

4. No Regulatory Appointment

Neither Laura Terrnova, nor Deemed to Perform Consulting Pty Ltd, nor any employee or contractor of the company, has been appointed in any regulatory capacity for your project under the Building Act 1993 by virtue of providing this service. Use of DesignSure does not establish a regulatory appointment or professional engagement for building permit purposes.

5. No Guaranteed Outcome

Reports do not guarantee compliance or building permit approval. A Relevant Building Surveyor must independently assess your project before a building permit can be issued. The Relevant Building Surveyor's determination is final and may differ from the assessment in your DesignSure report at their discretion.

6. Exemptions

DesignSure assesses compliance with Part 5 of the Building Regulations 2018. Some building works may be exempt from these requirements under Schedule 3 of the Regulations or other provisions. It is your responsibility to determine whether your project is exempt. If you believe your project may be exempt, consult Building Practice Note BP 12 or a Relevant Building Surveyor before proceeding.

7. Account Registration

You must create an account to use DesignSure. You agree to provide accurate information during registration and to keep your account credentials secure. You are responsible for all activity that occurs under your account. You must notify us immediately at hello@designsure.com.au if you suspect unauthorised use of your account.

8. User Responsibilities

• You are responsible for the accuracy of all information you provide, including form entries and uploaded plans. The report is only as reliable as the data provided.
• You must have authority to upload the building plans you submit. You represent that you either own the plans or have obtained permission from the copyright holder.
• You must not rely solely on a DesignSure report as the basis for a building permit application.
• For projects where building surveyor scrutiny is expected (new dwellings, Full Check provisions), we strongly recommend providing annotated plans with clearly marked dimensions.

9. Acceptable Use

You must not:

• Use the service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to reverse-engineer, decompile, or otherwise extract the compliance engine logic, extraction prompts, or any proprietary methodology
• Use automated scripts, bots, or other tools to access the service in a manner that exceeds reasonable use or circumvents rate limits
• Upload plans or data that you do not have the right to use, or that contain malicious content
• Resell, redistribute, or commercially exploit any part of the service or its outputs without our prior written consent
• Misrepresent a DesignSure report as a formal compliance determination or building surveyor assessment

10. AI Processing

DesignSure uses Claude (by Anthropic) to extract dimensions and building details from your uploaded plans. When you upload plans:

• Your plans are sent to Anthropic's Claude API for processing on servers located in the United States
• Anthropic retains uploaded data for 7 days for trust and safety monitoring, then permanently deletes it
• Anthropic does not use your data to train AI models — this is contractually guaranteed under their API terms

You will be asked to consent to AI processing before your first upload. See our Privacy Policy for full details on data handling.

11. Measurement Tolerance

Dimensions extracted from uploaded plans may vary by up to ±20mm from precisely measured values due to PDF rendering resolution, print scale variation, and annotation rounding. Where an extracted dimension falls within 20mm of a user-entered value, the values are treated as consistent and the user-entered value is used. Where a measurement is within 20mm of a regulatory threshold, the report notes this as “Marginal” and recommends physical verification by the designer or builder.

12. Payment Terms

DesignSure operates on a pay-per-report basis. Prices are displayed at checkout in Australian dollars (AUD) and include GST where applicable. Payment is processed securely by Stripe. We do not store your credit card details.

You must complete payment before your report is generated. If payment fails or is declined, no report will be produced. Promotional codes, where offered, are subject to their own terms and conditions.

13. Refund Policy

Refunds are available where:

1. The report could not be generated due to a system error
2. The compliance engine produced a materially incorrect assessment, verified by a Relevant Building Surveyor, and the uploaded plans met DesignSure's plan preparation guidelines at the time of submission (see below)
3. Payment was taken but no report was delivered

Change-of-mind refunds are not available for reports that have been generated and delivered.

A “materially incorrect assessment” means a provision assessed as “Complies” that a Relevant Building Surveyor subsequently determines does not comply, using the same input data that was provided to DesignSure. The RBS verification is at the user's expense. To request a review, email hello@designsure.com.au with your Report ID and the RBS's written determination. DesignSure will review the assessment and, if the error is confirmed, issue a full refund within 14 business days.

Plan preparation is the user's responsibility. DesignSure's accuracy depends on the quality of the plans provided. A refund under item 2 above will not be issued where an incorrect result is attributable to poor plan quality, missing or illegible annotations, absent north points, unlabelled boundaries, low-resolution scans, or any other factor within the user's control. DesignSure's plan preparation guidelines set out what is required for reliable extraction and are presented to users prior to upload. It is the user's responsibility to ensure their plans meet these requirements before submitting.

Refund requests must be submitted within 30 days of purchase. All refunds are processed via the original payment method (Stripe). This policy operates in addition to your statutory rights under the Australian Consumer Law.

14. Report Sharing

The purchaser may share the report with their designer, builder, and Relevant Building Surveyor. The report is not intended for reliance by any other third party. Any person who receives the report does so on the basis that they will not rely upon it without obtaining their own independent professional advice.

15. Intellectual Property

Report content is licensed to the purchaser for personal and project use only. The compliance engine, extraction methodology, interpretive positions, report templates, software, and all associated intellectual property remain the exclusive property of Deemed to Perform Consulting Pty Ltd.

The DesignSure name, logo, and brand assets are trademarks of Deemed to Perform Consulting Pty Ltd. You may not use our trademarks without prior written consent.

16. Disclaimers & Warranties

The service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The service will be uninterrupted, error-free, or free from harmful components
• The AI extraction will accurately identify all dimensions or details from every plan
• The compliance assessment will match the determination of a Relevant Building Surveyor in every case
• The service will be available at all times or in all locations

Nothing in these terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied or imposed by the Australian Consumer Law or any other applicable legislation which cannot lawfully be excluded or limited.

17. Limitation of Liability

To the maximum extent permitted by law, our total liability to you for any claim arising out of or in connection with the service is limited to the fee paid for the individual report giving rise to the claim.

We accept no liability for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or costs of obtaining substitute services, even if we have been advised of the possibility of such damages.

Liability limited by a scheme approved under professional standards legislation. Member — Australian Institute of Building Surveyors Professional Standards Scheme.

18. Indemnification

You agree to indemnify and hold harmless Deemed to Perform Consulting Pty Ltd, its directors, employees, and contractors from any claim, loss, damage, cost, or expense (including reasonable legal fees) arising out of or in connection with:

• Your breach of these terms
• Your use of the service or any report generated by the service
• Inaccurate, incomplete, or misleading information provided by you
• Any third party's reliance on a report that you shared

19. Legislation Currency

The compliance engine reflects the Building Regulations 2018 (Vic) as in force at the date of report generation. We are not liable for changes to legislation after that date. Legislation is subject to amendment. If there is a significant delay between purchasing a report and lodging your building permit application, the applicable regulations may have changed. Your Relevant Building Surveyor will confirm the current requirements at the time of application.

20. Service Availability

We aim to keep DesignSure available at all times but do not guarantee uninterrupted access. The service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any loss or inconvenience caused by service downtime.

21. Data Retention

Uploaded plans are retained for 30 days from submission, after which they are permanently deleted. Generated reports are accessible for 12 months. Anonymised audit records are retained for 10 years for professional liability purposes. You can download your report and plans at any time before deletion. See our Privacy Policy for full details.

22. Privacy & Data Handling

Your personal information is collected, used, and disclosed in accordance with our Privacy Policy, which forms part of these terms.

23. Minimum Age

You must be 18 years or older to use this service. By creating an account, you confirm that you meet this requirement.

24. Account Termination

We reserve the right to suspend or terminate your account if you breach these terms, engage in fraudulent activity, or use the service in a manner that could harm other users or the service itself.

You may delete your account at any time via Account Settings. Account deletion is subject to a 7-day cooling-off period, during which you can cancel the request by signing back in. After the cooling-off period, your account and associated personal data are permanently deleted. Anonymised audit records are retained as described in Section 21.

25. Amendments to These Terms

We may update these terms from time to time. Material changes will be communicated via email to your registered address. Continued use of the service after notification constitutes acceptance of the updated terms. If you do not agree with the changes, you should stop using the service and delete your account.

26. Severability

If any provision of these terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.

27. Entire Agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and Deemed to Perform Consulting Pty Ltd in relation to your use of DesignSure and supersede all prior agreements, representations, and understandings.

28. Governing Law

These terms are governed by the laws of the State of Victoria, Australia. The courts of Victoria have exclusive jurisdiction over any dispute arising under or in connection with these terms. Nothing in these terms limits your rights under the Australian Consumer Law.

29. Contact

For questions about these terms, contact us at:

hello@designsure.com.au

Deemed to Perform Consulting Pty Ltd
ABN 53 659 644 229
Victoria, Australia