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Terms of Use

Smart Overlay · smartoverlay.com.au · ABN: 76 696 566 195 · Last updated: 30 March 2026

These Terms of Use (“Terms”) govern access to and use of the Smart Overlay drawing comparison service (“Service”) provided by Smart Overlay (“we”, “our”, “us”).

By accessing or using the Service, you agree to these Terms.

1. Acceptance of Terms

By using the Service, you confirm that:

  • You have authority to bind your organisation
  • You have read and agree to these Terms
  • You will comply with all applicable laws

If you do not agree, you must not use the Service.

2. Purpose of the Service

The Service is designed to assist users in identifying potential differences between drawing revisions. Users upload old and new revision PDFs, and the Service generates colour-coded overlay PDFs highlighting additions (shown in green) and deletions (shown in red).

The Service is a visual comparison support tool only. It does not provide reporting, measurement, quantity take-off, or any form of analysis beyond the colour-coded overlay. It does not replace professional judgment, contract obligations, or independent verification.

3. No Professional Advice

The Service does not provide:

  • Engineering advice
  • Architectural advice
  • Estimating or quantity surveying advice
  • Contract or legal advice
  • Measurement, quantification, or reporting of any kind

All outputs are provided for informational purposes only. The user is solely responsible for reviewing overlay outputs and applying their own professional processes to assess the significance of any changes shown.

4. Limitations & No Reliance

4.1 Indicative Outputs

All outputs, including colour-coded overlay PDFs, are indicative only. The overlays highlight visual differences between drawing revisions but do not interpret, classify, or assess the nature or significance of those differences.

4.2 Known Limitations

The Service may:

  • Miss changes, particularly where drawing content is very similar between revisions
  • Show false positives where alignment or rendering differences exist
  • Fail to correctly identify or match drawing sheets between revision sets
  • Produce incomplete results if uploaded files are corrupted, low quality, or non-standard

4.3 Independent Verification Required

Users must independently verify all outputs using their own professional processes before relying on them for:

  • Pricing or variations
  • Construction works
  • Contractual decisions
  • Compliance or certification

You agree not to rely solely on the Service. The Service is intended to help ensure you do not miss changes on plans — it is not a substitute for your own review and verification processes.

5. User Responsibilities

You are responsible for:

  • Reviewing all overlay outputs using your own professional processes
  • Verifying drawing changes independently
  • Ensuring compliance with contracts and specifications
  • Determining the significance and impact of any changes identified

You must ensure you have the right to upload documents and that doing so does not breach confidentiality obligations.

6. Acceptable Use

You must not:

  • Upload drawings you are not authorised to share
  • Upload confidential or security-sensitive infrastructure drawings without approval
  • Use the Service for unlawful purposes
  • Attempt to reverse engineer or misuse the Service

We may suspend or terminate access for misuse.

7. Intellectual Property

7.1 User Content

You retain ownership of drawings and documents you upload. You grant us a limited licence to process and analyse your content to provide the Service.

7.2 Service IP

We retain all rights in the Service, including software, algorithms, and output formats.

8. Data Processing & Privacy

By uploading drawings, you consent to processing by automated systems and cloud infrastructure to generate overlay comparisons. We handle your data in accordance with applicable Australian privacy laws.

9. Limitation of Liability

To the fullest extent permitted by law:

  • The Service is provided “as is” without warranties.
  • We are not liable for any loss arising from reliance on the Service.
  • We are not liable for indirect, consequential, or economic loss.

This includes losses arising from:

  • Missed or incorrect drawing changes shown in overlay outputs
  • Pricing errors
  • Variation disputes
  • Construction defects
  • Delays or rework

If liability cannot be excluded, it is limited to the amount paid for the Service.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies rights under the Australian Consumer Law that cannot be excluded.

11. Service Availability

We do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue features at any time.

12. Data Retention

We retain uploaded data only as necessary to provide the Service and maintain system integrity. The retention period for uploaded drawings and generated overlay files is determined by your subscription tier:

  • Free: 7 days
  • Starter: 30 days
  • Pro: 6 months
  • Max: 12 months

After the applicable retention period, uploaded files and overlay outputs are automatically deleted. Enterprise customers may negotiate custom retention terms.

13. Termination

We may suspend or terminate access if you:

  • Breach these Terms
  • Misuse the Service
  • Use the Service unlawfully

You may stop using the Service at any time.

14. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the jurisdiction of the courts of Queensland.

15. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service constitutes acceptance of the updated Terms.

16. Contact

Smart Overlay
ABN: 76 696 566 195
Email: support@smartoverlay.com.au
Address: P.O. Box 2128 West Burleigh Qld 4220