Terms of use

1. What TworkX is

TworkX is a construction tool that helps a site team transfer the information it has about temporary works to the temporary works designer, as a design brief. It does not design, check designs or provide any design certification. The Disclaimer forms part of these terms and explains what TworkX does not do and who stays responsible.

2. Engineering information, professional advice and use of the Software

2.1 Nature and purpose of the Software

The Software is a standard, non-customisable software platform designed to facilitate the capture, upload, storage, transmission, communication, sharing and presentation of construction site information, including engineering drawings, plans, specifications, photographs, measurements, observations, comments and other project information, between construction personnel, designers, engineers and other project participants.

The Software is a communication and information-management tool only. The Provider does not provide engineering, architectural, surveying, construction, certification, inspection, design, project management or other professional services through the Software.

2.2 No engineering or design advice

Nothing made available through, generated by, displayed on or communicated using the Software constitutes, or is intended to constitute, engineering, architectural, design, construction, surveying, certification or other professional advice, opinion, recommendation or instruction from the Provider.

In particular, the Software does not independently assess, verify, approve, certify or determine the adequacy, accuracy, suitability, compliance, safety, structural integrity or constructability of any engineering drawing, design, specification, site condition, measurement or other project information.

Any engineering drawings, plans, specifications, measurements, photographs, reports, observations or other information communicated through the Software remain the responsibility of the person or entity that creates, supplies or approves that information.

2.3 Independent professional assessment

The User acknowledges that information communicated through the Software may require review, interpretation, verification and professional judgment before being relied upon.

The User must ensure that any engineering, design, construction, certification or other professional decision is made by an appropriately qualified and authorised person and is independently assessed by that person having regard to the circumstances of the relevant project.

The availability of any information through the Software does not constitute an endorsement, approval or verification of that information by the Provider.

2.4 Accuracy and completeness of information

The Provider does not represent or warrant that information entered into, uploaded to or communicated through the Software by a User or other third party is accurate, complete, current or suitable for any particular engineering, design, construction or other purpose.

The Provider is not responsible for errors, omissions or inaccuracies in information supplied by Users or other third parties.

The Provider is, however, responsible for providing the Software in accordance with any express obligations concerning the functionality of the Software under this Agreement and nothing in this clause is intended to exclude or limit that responsibility.

2.5 No reliance for engineering or construction decisions

The User must not rely solely upon the Software, or upon information merely because it has been communicated or made available through the Software, as a substitute for engineering, architectural or other professional judgment.

The User acknowledges that the Software is not intended to determine whether particular works are structurally adequate, compliant with applicable laws or standards, suitable for construction, safe or otherwise fit for their intended purpose.

2.6 Responsibility for professional decisions

Each designer, engineer, architect, builder, contractor and other appropriately qualified professional remains responsible for the professional decisions, opinions, designs, drawings, specifications, approvals and certifications made or provided by that person.

The use of the Software does not transfer to the Provider any responsibility or liability that would otherwise rest with such person in relation to the exercise of their professional judgment.

2.7 Standard and non-customisable nature of Software

The Software is provided as a standard, non-customisable product. Unless expressly agreed otherwise in writing, the Provider does not undertake to modify, configure or develop the Software to satisfy the particular requirements of a particular construction project, engineering discipline, design, site, structure or construction methodology.

The User is responsible for determining whether the standard functionality of the Software is suitable for the User's intended use before relying upon it for a particular project.

2.8 Third-party information and actions

The Provider is not responsible for any act or omission of a User, designer, engineer, builder, contractor or other third party in creating, entering, uploading, reviewing, interpreting, approving, transmitting or acting upon information using the Software.

This does not exclude or limit any liability of the Provider that cannot be excluded or limited under the Australian Consumer Law or any other applicable law.

3. Your account

• Give accurate details and keep them up to date.
• Keep your password to yourself, and tell us straight away if you think someone else has used your account.
• An account is for one person.
• TworkX is for people of 18 or over using it for their work.

4. Using TworkX properly

You must not:

• use TworkX for anything unlawful, or in a way that infringes anyone's rights;
• upload material you have no right to use, including the text, tables or figures of standards or other documents whose terms do not allow it;
• try to reach accounts or data that are not yours, test or get around the security of TworkX, or interfere with how it works;
• copy, resell or offer TworkX, its rule library or its question sets as a service to others, or use them to build a competing product;
• use automated means to extract the rule library, or load TworkX unreasonably; or
• enter real project information into a demonstration account.

5. Your data

• You own the information you enter and the files you upload (your data), and the briefs you produce from it.
• You allow us to store, process, copy and show your data only as needed to provide TworkX to you, keep it secure and backed up, help you when you ask, and meet the law.
• We do not sell your data, and we do not use it to train AI models.
• You can export your briefs at any time, and download everything your account holds as one file with Download all my data in Settings. You can delete projects, briefs and files, and you can delete your account yourself in Settings, which cancels any subscription first, or ask us to delete it by contacting us at team@tworkx.com.au.
• You are responsible for having the right to enter your data, including any permission your employer or client must give, for example before documents are sent for reading.
• The Privacy policy explains how we handle personal information.

6. Our intellectual property

TworkX, including its software, rule library, question sets, figures and layouts, belongs to us or the people we license it from. While your account is in good standing, we give you a non exclusive, non transferable right to use TworkX for your own work. The briefs you produce are yours to use for your projects, including the parts TworkX generates.

7. Standards and documents

TworkX cites standards and other documents by reference only and does not reproduce them. You need your own access to any standard you rely on. Values you take from your own copies and enter into TworkX are your data, and you are responsible for your right to use them.

8. AI features

• AI explanations send the text of a question from the library, with its source documents and rules, to an AI service and show its answer. With them goes only the brief's state or territory and, for a formwork brief, the formwork design standard selected; no other project data and no personal information is sent.
• Document reading is off until the account holder switches it on, confirming that their organisation allows its documents to be sent to the service named in Settings. Only the pages you choose are sent, and only when you confirm. The Data handling page explains how documents are handled.
• Values read from a document are proposals that you must check and confirm. AI output can be wrong. The rules that check a brief do not use AI.

9. Services we rely on

TworkX runs on other providers' services: Vercel hosts the application, Neon provides the database, Stripe processes payments, Resend sends the emails the application sends, Google Workspace carries our business email, Amazon Web Services reads documents through Amazon Bedrock when you choose to send them, and Anthropic writes the AI explanations. Their availability affects TworkX. The Privacy policy says what each receives and where.

10. Payments

The free trial and paid subscriptions are governed by the Subscription and cancellation terms.

11. Demonstration accounts

A demonstration account is temporary. It holds a fictitious project and is removed, with everything in it, 24 hours after it opens. Do not enter real information into it. Its exports are marked DEMONSTRATION ONLY and must not be used for real works.

12. Availability and changes to TworkX

We aim to keep TworkX available and working, but we do not promise that it will be uninterrupted or free of errors. We may change, improve or remove features. If a change significantly reduces what your plan includes, we will tell you before it takes effect, and you may cancel if you do not accept it.

13. Suspending or closing an account

• You can stop using TworkX at any time, delete what your account holds, and delete the account itself with Delete my account in Settings, which cancels any subscription first and then removes everything the account holds at once; it cannot be undone. You can also ask us to delete it by email.
• We may suspend or close an account if its holder seriously or repeatedly breaches these terms, if its use puts TworkX, its users or others at risk, or if the law requires it. Where it is reasonable, we will tell you first, give you the chance to fix the problem, and give you the chance to export your briefs.
• If an account has had no subscription and has not been used for 24 months, we may close it after giving 30 days' notice by email.

14. Your rights under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or changes those rights, or any other right you have that cannot lawfully be excluded, restricted or changed.

15. Limits on our liability

To the extent the law allows:

• we exclude all conditions, warranties and guarantees that these terms do not set out;
• where TworkX is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a consumer guarantee is limited, at our choice, to supplying the services again or paying the cost of having them supplied again;
• we are not liable for indirect or consequential loss, for loss of profit, revenue, opportunity or data, or for loss arising from the design, construction, use or failure of any temporary or permanent works; and
• our total liability to you for all claims connected with TworkX in any twelve month period is limited to the fees you paid us in that period.

These limits do not apply to liability that the law does not allow to be limited, or to loss caused by our fraud or wilful misconduct. Our liability is reduced to the extent that you, or anyone else, contributed to the loss.

16. Changes to these terms

We may update these terms. We will give at least 30 days' notice by email of a change that is to your disadvantage, and you may cancel before it takes effect. The current version and its date are always on this page.

17. The law that applies

These terms are governed by the law of Western Australia. You and we submit to the courts of Western Australia and the courts that can hear appeals from them.

18. Contact

Contact us at team@tworkx.com.au.