Terms & Conditions

1. Agreement to Terms

These Terms & Conditions ("Terms") govern your use of the Project Scheduler web application (the "Service") operated by Engsitetools ("we", "us", or "our"). By accessing or using our Service, you agree to be bound by these Terms.

Engsitetools is an individual business operating from Perth, Western Australia. These Terms constitute a legally binding agreement between you and Engsitetools.

2. Service Description

Project Scheduler is a Software-as-a-Service (SaaS) application that provides:
• Project management and scheduling tools
• Critical Path Method (CPM) calculations
• Gantt chart visualization
• Resource management and allocation
• Risk assessment and mitigation tools
• AI-powered project analysis and chat
• Integration with third-party services

3. Geographic Availability

The Service is currently available worldwide except for residents of the United States and Canada. We may decline to provide the Service to anyone in those jurisdictions and may suspend or close accounts we identify as being used from those jurisdictions. By creating an account, you represent that you are not a resident of a restricted jurisdiction.

4. User Accounts

a) Account Creation

To use our Service, you must:
• Be at least 16 years of age
• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use

b) Account Responsibilities

You are responsible for all activity under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

c) Account Administrators and Invited Users

If you sign up using a domain or email address that represents an organisation, or if you invite other people to use the Service through your account, you may act as an Account Administrator. As an Account Administrator, you:
• Represent and warrant that you have authority to bind your organisation to these Terms
• Are responsible for inviting, managing, and removing users in your account
• Control settings, integrations, and access permissions for content within your account
• Are responsible for informing your invited users about how their data is processed within the account
• Are responsible for obtaining any consents required by law for invited users to use the Service

If you are using the Service as an invited user of someone else's account (an Account Administrator), then:
• The Account Administrator controls your access and may suspend, restrict, or remove it at any time
• The Account Administrator can access content within the account, including content you create
• Disputes about access to or handling of content within an account are between you and the Account Administrator, not Engsitetools

You agree that we may rely on instructions given by an Account Administrator without independent verification.

d) Automated Agents and Integrations Acting on Your Behalf

If you authorise or instruct any automated system, AI agent, script, bot, or third-party tool to access or use the Service through your account or via API or integration ("Automated Agents"), then:
• Any actions taken by an Automated Agent are deemed authorised by you and made at your direction
• You are responsible for the conduct of any Automated Agent under your account, including compliance with these Terms, the Acceptable Use Policy, and the AI Features section
• You are responsible for any usage, fees, or charges incurred by an Automated Agent
• You represent that you have authority to authorise such Automated Agents to act on behalf of yourself and any organisation you represent

We may suspend, limit, or terminate access by Automated Agents at any time if we believe their behaviour poses a security or operational risk.

5. Subscription Plans and Payment

a) Payment Processing

All payments are processed through Stripe. We do not store or handle your payment card information directly. Stripe is responsible for the security of payment card information; their terms and privacy policy apply to payment processing.

b) Subscription Terms

• Subscriptions are billed monthly or annually in advance
• You can upgrade or downgrade your plan at any time
• Downgrades take effect at the next billing cycle
• No refunds for partial months of service

c) Paid access

Access to paid features requires an active subscription (or other terms we agree in writing). Plans and pricing are described on our pricing page; billing is handled by our payment processor according to the plan you select.

d) Renewal and Cancellation

Subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current rate. We will charge the payment method on file unless you cancel before the renewal date. You can cancel at any time through your account settings or by emailing [email protected]. Cancellation takes effect at the end of your current billing period - you retain access until then. We do not provide refunds for the unused portion of a billing period, except where required by law (including the Australian Consumer Law).

Price changes: We may change subscription prices for future renewal terms with at least 30 days' notice by email. If you do not accept the new price, you can cancel before the next renewal.

e) Chargebacks

If a payment is refused, reversed, or charged back without our prior agreement, we may treat this as a material breach of these Terms, suspend or terminate your account, and require payment of any fees, processing charges, or expenses we incur as a result.

6. Intellectual Property Rights

a) Service Ownership

The Service, including all software, designs, and content, is owned by Engsitetools and protected by copyright, trademark, and other intellectual property laws.

b) User Content

You retain ownership of all content you create or upload to the Service. You grant us a limited, non-exclusive license solely to provide the Service to you, including processing, storing, displaying, and transmitting your content as necessary for the Service to function.

c) Anonymous and Aggregated Data

We may collect, generate, and use anonymous, aggregated, or de-identified data derived from your use of the Service - including statistical patterns, performance metrics, and usage trends - for any lawful business purpose, including improving the Service, monitoring system health, and publishing aggregated insights. This data does not identify you, your organisation, or any individual, and is not Customer Data.

d) Feedback

If you submit feedback, suggestions, or feature requests for the Service, you grant us a perpetual, irrevocable, royalty-free licence to use, modify, and incorporate that feedback into the Service or any other products without obligation or compensation. We are not required to use any feedback you submit.

7. AI Features

Some Service features (including AI chat, automated reports, and document analysis) are powered by third-party AI providers, currently OpenAI, Anthropic, and Google.

How AI features work in the Service

• Your prompts and the minimum project data necessary are sent to the relevant provider to generate a response
• We use enterprise or API tiers under terms that prohibit those providers from using your prompts or outputs to train their models
• AI providers may temporarily retain prompts for abuse monitoring under their own terms (current windows range from zero to thirty days)
• See Section 4 of our Privacy Policy for further detail

Your responsibilities

AI outputs are generated automatically and may contain errors, omissions, or content that is not factually accurate. You are solely responsible for reviewing, verifying, and validating any AI-generated content before relying on it for project decisions. Do not input personal information about third parties, confidential information of others, or content you are not authorised to share unless you have a lawful basis to do so. Usage limits (including credit-based limits) apply and may change. We will provide reasonable notice of material reductions to limits available on your plan.

Additionally, when using AI features, you agree:
• Not to attempt to use AI features to circumvent safety filters, generate harmful content, or violate these Terms
• Not to present AI-generated content as if it were human-generated where doing so would be deceptive (for example, in regulatory submissions, expert reports, or contractual documents that imply human authorship)
• To implement appropriate human oversight where AI outputs may affect the rights, safety, or wellbeing of others - particularly in contexts like risk assessments, safety planning, or resource decisions

By using AI features, you acknowledge and agree to the processing described above.

8. Service Availability and Support

We aim to provide reliable access to the Service but do not guarantee specific uptime levels on standard plans. The Service may be unavailable during scheduled maintenance, emergency maintenance, or due to events outside our reasonable control (including third-party provider outages, internet failures, or force majeure events).

Maintenance: We will give reasonable advance notice of scheduled maintenance where practical, typically by in-app notice or email.

Support: Support is provided via email ([email protected]) and in-app chat during Australian business hours. Response times depend on your subscription plan and are not guaranteed.

Enterprise customers: Service Level Agreements with specific uptime commitments and response time guarantees are available on request as part of an enterprise arrangement.

No reliance on future features: Your purchase of any subscription is based on features and functionality currently available, not on any future feature, integration, or capability we may discuss publicly or in marketing material. We may change product roadmaps at any time and you should not rely on undelivered functionality when making purchase decisions.

Changes to features: We may add, change, or remove features of the Service at any time as we improve and develop the product. For features that are part of a paid plan, we will not materially reduce features available on your current plan during a paid term. For free or trial usage, we may modify features without notice.

Discontinuation: If we decide to discontinue the Service entirely or a major component of it, we will give at least 90 days' notice by email and provide reasonable means to export your data before access ends. If you have a prepaid annual plan and we discontinue the Service before its end date, we will refund the unused portion.

Excessive use: If your use of the Service is materially higher than typical use on your subscription plan - for example, unusually high storage, computation, or AI consumption - we may contact you to discuss an appropriate plan, impose reasonable usage restrictions, or charge additional fees. We will give reasonable notice and an opportunity to adjust your usage before applying additional charges.

9. Acceptable Use

You agree not to:
• Use the Service for illegal or unauthorized purposes
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Upload malicious code or harmful content
• Violate applicable laws or regulations
• Reverse engineer or attempt to extract our source code
• Use the Service to send spam, phishing messages, or other unsolicited communications
• Use the Service in a way that could damage, disable, overburden, or impair our infrastructure or interfere with other users' use
• Bypass or attempt to bypass any usage limits, rate limits, or access controls
• Use the Service to develop a competing product, or for benchmarking, except as permitted by law
• Resell, sublicense, or share access to the Service without our written consent
• Upload sensitive personal information about identifiable individuals - including health information, financial account numbers, government-issued ID numbers, biometric data, or information about a person's racial origin, religion, sexual orientation, or political opinions - unless you have obtained explicit consent and have a documented lawful basis under applicable privacy law
• Upload payment card numbers (use the billing flow for any payments)
• Upload information classified as restricted, secret, or above by any government - Engsitetools is not a government-accredited handler of classified information

We may suspend or terminate accounts that violate this section, with or without prior notice depending on the severity of the violation.

10. Third-Party Integrations

Our Service integrates with third-party services including Microsoft Graph and Google Drive. Your use of these integrations is subject to the respective terms of service of those providers.

We are not responsible for third-party services, their availability, or how they handle your data once you have authorised the integration. If a third-party service is suspended, terminated, or changes its terms, this may affect your ability to use related features of the Service.

11. Warranties and Consumer Guarantees

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law (ACL) or any other consumer protection law that cannot lawfully be excluded. Where the ACL applies, our liability for failure to comply with a consumer guarantee in relation to the Service (which is not of a kind ordinarily acquired for personal, domestic, or household use) is limited, at our option, to:
• Supplying the Service again, or
• Paying the cost of having the Service supplied again.

All other warranties: To the maximum extent permitted by law, and subject to the rights you have under the ACL, the Service is provided "as is" and "as available." We do not warrant that the Service will be uninterrupted, error-free, completely secure, or that it will meet your specific requirements. We disclaim all implied warranties not protected by mandatory law, including merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

Subject to Section 11 and to the maximum extent permitted by law:
• Neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, business, goodwill, or data, even if advised of the possibility of such damages.
• Our total aggregate liability arising out of or relating to these Terms or the Service is limited to the fees you actually paid to us in the 12 months immediately preceding the event giving rise to the claim.

Nothing in this section limits liability that cannot lawfully be limited, including liability for fraud, willful misconduct, gross negligence, or breach of consumer guarantees under the Australian Consumer Law.

13. Termination

• You may terminate your account at any time through your account settings
• We may suspend or terminate your account for violation of these Terms
• Upon termination, your right to use the Service ceases immediately

Suspension

We may suspend your access to all or part of the Service immediately and without prior notice if:
• You materially breach these Terms or the Acceptable Use Policy (Section 9)
• An invited user or Automated Agent under your account breaches the Acceptable Use Policy
• Your use poses a security or operational risk to the Service, our systems, or other users
• Your payment is overdue by more than 14 days, or a chargeback is filed
• We are required to do so by law

We will restore access once the issue is resolved. Suspension does not entitle you to a refund or extension of the billing period.

Data after termination

• You can export your project data in CSV or JSON format at any time before termination through the export tools in your account
• For 30 days after account closure, your account remains in read-only mode where you can log in to export project data using the in-app export tools, or request a one-time export by emailing [email protected]
• After 30 days, your data is permanently deleted from our active systems and from encrypted backups within a further 60 days, except where retention is required by law (e.g. billing records - see the Privacy Policy)

Survival: Sections 6 (Intellectual Property), 11 (Warranties), 12 (Limitation of Liability), 14 (Indemnity), 15 (Dispute Resolution), and any other section that by its nature should survive termination, will survive termination of these Terms.

14. Your Indemnity

You agree to indemnify and hold Engsitetools harmless from any third-party claims, damages, losses, costs, or expenses (including reasonable legal fees) arising from:
• Your breach of these Terms or the Acceptable Use Policy
• Your content uploaded to the Service, including any claim that your content infringes a third party's intellectual property, privacy, or other rights
• Your use of the Service in violation of any law or regulation
• Any unauthorised use of your account caused by your failure to maintain account security

We will notify you promptly of any claim subject to this indemnity, give you control of the defence (subject to our right to participate at our own cost), and reasonably cooperate.

15. Dispute Resolution

These Terms are governed by the laws of Western Australia, Australia.

Step 1: Informal resolution. Before commencing legal proceedings, you agree to first contact us at [email protected] with a written description of the dispute. We will attempt in good faith to resolve the dispute within 30 days.

Step 2: Courts. If the dispute is not resolved informally, you agree to submit to the exclusive jurisdiction of the courts of Western Australia. Nothing in this section limits your right to seek urgent injunctive relief, lodge complaints with regulators, or exercise rights you have under mandatory consumer law.

16. Changes to Terms

We may update these Terms from time to time. For minor changes (clarifications, formatting, or non-material updates), we will post the revised Terms on our website and update the "Last updated" date.

For material changes - including changes to fees, refund policy, dispute resolution, or your obligations - we will give at least 14 days' advance notice by email or in-app notice before they take effect. If you do not agree to the changes, you can cancel your subscription before they apply, and we will refund any prepaid fees for the unused portion of your current billing period.

17. General

Entire Agreement: These Terms, together with our Privacy Policy and any policies referenced within them, constitute the entire agreement between you and Engsitetools regarding the Service and supersede any prior agreements or understandings.

No waiver: A failure or delay in exercising any right under these Terms is not a waiver of that right.

Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

No third-party beneficiaries: These Terms do not create any third-party beneficiary rights, except as expressly stated.

Force majeure: Neither party is liable for failure or delay in performance caused by events beyond their reasonable control, including natural disasters, acts of government, internet or infrastructure failures, third-party provider outages, war, terrorism, or pandemic. This does not excuse your obligation to pay fees for services already received.

Notices: We may give you notice by email to the address associated with your account, by in-app notification, or by posting on our website. Notices to us must be sent to [email protected]. Email notices are effective on the next business day after dispatch.

Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, in whole or in part, including to a successor entity in connection with a merger, acquisition, or sale of business assets.

Survival: Sections 6 (Intellectual Property), 11 (Warranties), 12 (Limitation of Liability), 14 (Indemnity), 15 (Dispute Resolution), and any other section that by its nature should survive termination, will survive termination of these Terms.

Governing language: The English version of these Terms is the controlling version. Translations are provided for convenience only.

Independent contractors: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between us.

18. Contact Information

If you have questions about these Terms & Conditions, please contact:

Engsitetools
Perth, Western Australia
Email: [email protected]

We will respond to your inquiry within 30 days.