PiVOTiQ Commercial Intelligence — Contract Risk Intelligence Service
Australia · All tiers: L1 Contract Threat Intel, L2 Contract Risk Brief, L3 Contract Strategic Position
These Terms and Conditions ("Terms") govern the relationship between PiVOTiQ Commercial Intelligence (ABN 90 666 355 666), an Australian entity ("PiVOTiQ", "we", "us", "our") and any individual, company, joint venture, or entity in Australia or elsewhere ("Client", "you", "your") that subscribes to or purchases any PiVOTiQ service.
By subscribing to any plan, submitting a Contract Review Pack, making a payment, or clicking to accept these Terms, you agree to be bound by them in full. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
PiVOTiQ is an Australian entity. The services described in these Terms are provided from Australia to Australian and other clients. These Terms are governed by and construed in accordance with the laws of Queensland, Australia.
PiVOTiQ provides AI-enabled commercial intelligence services for construction contracts, with particular capability across Australian contract forms including AS 4000, AS 4902, AS 2124, NEC3, NEC4 and FIDIC. The three current service tiers are:
A structured clause-by-clause risk matrix identifying and rating every commercially material clause as HIGH, MEDIUM, or LOW. Includes standard form identification, amendment flags, Australian statutory context (security of payment, BIF Act), and escalation trigger identification. Each submission produces one L1 report. Delivered as a branded PDF within 1 business day of submission.
Everything in L1, plus plain-English commercial explanation of every HIGH and MEDIUM finding — what each clause does, why it is commercially dangerous, and whether the exposure is a project risk, a company risk, or both. Includes a plain-English assessment of the commercial framework (dispute pathway, payment mechanics, retention, defects liability) under the applicable contract form. Each submission produces one L1 report and one L2 report. Delivered within 1 business day of submission.
Everything in L1 and L2, plus a negotiation playbook for the findings carrying the greatest financial exposure. For HIGH findings: Ideal Position, Acceptable Position, Leverage Points, and Replacement Language Guidance. For MEDIUM findings: Acceptable Position and Watch-Out. Includes a Negotiation Sequencing plan. Each submission produces one L1, one L2, and one L3 report. Delivered within 1 business day of submission.
Every Contract Review Pack at every level includes the CER Register: an editable spreadsheet in which each finding is recorded against its clause reference and scored on Exposure, Control and Recoverability. The severity band is calculated by formula within the file. The register is produced from the Level 1 analysis and is identical in structure and content at Level 1, Level 2 and Level 3; it is not re-generated or extended at the higher levels. The register is supplied as an editable file owned by the Client. It requires no PiVOTiQ login, platform or subscription to open or use, and remains usable after any subscription ends. No additional charge applies to the register at any level, on once-off reviews or subscriptions.
CRI Live is a real-time question-and-answer service operating over a messaging channel, answering Client questions about a specific contract. CRI Live draws its answers exclusively from the completed, quality-controlled Level 1, Level 2 and Level 3 reports issued for that contract. It does not re-analyse the contract document and does not generate analysis outside the scope of the released reports.
CRI Live is available on Level 3 reviews only, and is provided per contract. It is included at no additional charge for the duration of an active Level 3 subscription. On a Level 3 once-off review it is charged at AUD 95 per month per contract (GST inclusive) and may be cancelled at any time, with cancellation effective at the end of the current billing period. CRI Live availability is contingent on the corresponding Level 3 reports having been delivered and remains subject to the same boundaries, disclaimers and limitations of liability that apply to the underlying reports.
A once-off review provides a single Contract Review Pack at the specified tier, with no subscription and no ongoing commitment. Payment is by card via Stripe, or by AUD invoice and EFT. Once-off reviews are activated immediately on payment or cleared funds confirmation. The same 1-business-day turnaround, QC review, and professional PDF delivery standards apply. There is no monthly limit on the number of once-off reviews a Client may submit. Once-off reviews do not consume monthly plan capacity and are processed independently of any active subscription.
Month-to-month subscriptions provide 10 Contract Review Packs per calendar month. Subscriptions auto-renew on the same day each month at the prevailing rate unless cancelled. Payment is processed by Stripe via card transaction, or by AUD invoice and EFT. All prices are in AUD and include GST. Month-to-month subscribers may cancel at any time via the Stripe customer portal; cancellation takes effect at the end of the current billing period.
Once-off reviews are charged by Stripe as a single card transaction at the point of purchase. Month-to-month subscriptions are processed automatically by Stripe using the payment card provided at subscription. All charges are in AUD and include GST. Stripe's terms of service apply to all card transactions. A tax invoice is issued by Stripe at the point of sale or at each billing cycle. PiVOTiQ does not store card details.
Once-off reviews and month-to-month subscriptions may alternatively be invoiced in AUD by PiVOTiQ where the Client elects invoice payment. A formal AUD tax invoice (GST-inclusive) is issued within 1 business day of a Client's written request. Payment is by EFT to PiVOTiQ's nominated Australian bank account (details provided on the invoice). The review or plan activates within 1 business day of cleared funds.
PiVOTiQ reserves the right to charge interest on overdue amounts at the rate of 10% per annum, calculated daily. PiVOTiQ may suspend service delivery without further notice where any amount remains unpaid for more than 14 days after the due date.
All prices include GST as indicated. PiVOTiQ is registered for GST in Australia. A valid Australian tax invoice will be issued for all payments. The Client is responsible for their own tax obligations. PiVOTiQ provides commercially standard invoices; it does not provide tax advice.
PiVOTiQ targets delivery of all reports within 1 business day of a valid contract submission. A valid submission consists of: (a) a complete and legible contract document in PDF, Word, or image format; and (b) a completed intake form submitted through the PiVOTiQ submission process. Incomplete or illegible submissions will be returned for correction; the 1-business-day turnaround commences from receipt of a complete valid submission.
PiVOTiQ operates on Australian Eastern Standard Time (AEST/AEDT) business days, excluding Queensland public holidays. Submissions received after AEST/AEDT business hours will be treated as received at the commencement of the next Australian business day.
While PiVOTiQ makes every reasonable effort to meet the 1-business-day turnaround, this is a target and not a guaranteed delivery time. PiVOTiQ accepts no liability for losses arising from delivery outside this window in exceptional circumstances.
Every report undergoes internal QC review prior to delivery. QC review does not constitute legal review, peer review by a qualified attorney, or an audit of the underlying contract.
PiVOTiQ reports are produced using AI-enabled systems informed by the submitted contract document and the intake form. Reports are commercial intelligence outputs — structured, practical, and built to inform commercial decision-making. They are not:
All findings carry 10–20% variability depending on project-specific context, contract complexity, and the completeness of information provided. For complex disputes, formal adjudication, high-value negotiations, or matters where legal rights are at stake, the Client must seek independent legal advice from a qualified Australian construction lawyer. PiVOTiQ can identify which matters warrant escalation; it cannot replace the escalation.
Once-off reviews are non-refundable once the report generation process has commenced. If a submission is rejected as incomplete or illegible prior to processing, the review fee will be refunded or the submission corrected and processed at PiVOTiQ's discretion. A once-off review carries no ongoing commitment and requires no cancellation.
Month-to-month subscribers may cancel at any time via the Stripe customer portal. Cancellation takes effect at the end of the current billing period. No refund is provided for the period in which cancellation is made. Unused packs in the final period are forfeited on cancellation.
A CRI Live subscription may be cancelled at any time via the Stripe customer portal. Cancellation takes effect at the end of the current billing period, and access continues until that date. No refund is provided for the period in which cancellation is made. Where CRI Live is included at no charge as part of a Level 3 subscription, access ends when that subscription ends.
PiVOTiQ may suspend or terminate a subscription immediately, without refund, in the event of: (a) breach of these Terms; (b) use of the service in a manner inconsistent with these Terms; or (c) non-payment. Where PiVOTiQ terminates a month-to-month subscription without cause attributable to the Client, a pro-rata refund of the unused portion of the current billing period will be provided in AUD via EFT to the Client's nominated Australian bank account.
To the maximum extent permitted by applicable law, PiVOTiQ's total aggregate liability to the Client for any claim arising under or in connection with these Terms or the services — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — is limited to the amount paid by the Client to PiVOTiQ in the 3-month period immediately preceding the event giving rise to the claim.
To the maximum extent permitted by applicable law, PiVOTiQ excludes liability for:
All reports, methodologies, output formats, AI systems, templates, and processes used in the delivery of PiVOTiQ services are the intellectual property of PiVOTiQ Commercial Intelligence. The Client receives a non-exclusive, non-transferable licence to use each report delivered to them for internal business purposes only.
The Client must not: (a) on-sell, sublicence, or distribute PiVOTiQ reports to third parties as a commercial product; (b) reproduce, reverse-engineer, or replicate the PiVOTiQ methodology or output structure for commercial purposes; or (c) use PiVOTiQ reports to train, benchmark, or develop competing AI systems.
The Client retains all intellectual property rights in the contract documents submitted to PiVOTiQ. PiVOTiQ will not disclose submitted contract documents to any third party except as required by law.
PiVOTiQ treats all submitted contract documents and Client information as confidential. PiVOTiQ will not disclose Client contract documents or identifying information to any third party except: (a) as required by Australian law or a court order; (b) to its professional advisers under a duty of confidentiality; or (c) with the Client's express written consent.
PiVOTiQ collects and handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Information submitted to PiVOTiQ may be processed on international cloud infrastructure in connection with the delivery of the service. By submitting information to PiVOTiQ, the Client consents to this processing.
PiVOTiQ does not use submitted contract documents or Client information to train AI systems. AI processing is carried out under contractual arrangements that expressly prohibit the use of submitted data for model training or model improvement purposes. For full details of how personal information is collected, stored, used, and protected — including the sub-processors engaged in delivery of the service and data subject rights available under the Privacy Act 1988 (Cth) and the Australian Privacy Principles — refer to PiVOTiQ's Privacy Notice at privacy.html.
The Client agrees to use the PiVOTiQ service only for lawful commercial purposes in connection with genuine construction contracts. The Client must not:
PiVOTiQ reports include references to Australian statutory frameworks, including applicable security of payment legislation across the six main states. These references are informational and are intended to flag statutory context relevant to the commercial risk identified. They do not constitute legal advice on statutory compliance.
Security of payment legislation applicable by state:
The following contractual timeframes may also be referenced in reports. These are references only — actual timeframes depend on the specific contract form, applicable state legislation, and the facts of each situation:
These timeframes must be verified with a qualified Australian construction lawyer before action is taken. Statutory and contractual time limits can be strict and non-extendable; errors cannot be corrected after the relevant deadline has passed.
PiVOTiQ may amend these Terms at any time by publishing an updated version on the PiVOTiQ website. For month-to-month subscribers, amended Terms take effect on the next billing period after the date of publication. For once-off reviews, the Terms in force at the date of purchase apply to that review, unless the amendment is required by law.
Continued use of the service after an amendment takes effect constitutes acceptance of the amended Terms.
In the event of a dispute between PiVOTiQ and a Client, the parties agree to first attempt to resolve the dispute by direct negotiation. Either party may initiate this process by giving written notice to the other party specifying the nature of the dispute.
If the dispute is not resolved within 14 days of the written notice, either party may refer the dispute to mediation. The mediator shall be agreed by the parties or, failing agreement, appointed by the Resolution Institute (Australia). Mediation costs are shared equally unless otherwise agreed.
These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any competent Australian court.
These Terms, together with any subscription confirmation, constitute the entire agreement between PiVOTiQ and the Client regarding the services and supersede all prior representations, negotiations, and agreements.
If any provision of these Terms is found to be invalid, unenforceable, or illegal under applicable law, that provision is severed and the remaining Terms continue in full force.
PiVOTiQ is not liable for any failure to deliver services that results from circumstances beyond its reasonable control, including but not limited to natural disasters, infrastructure failures, AI provider outages, banking system failures, EFT network interruptions, or government action.
These Terms are in English. In the event of any translation, the English version prevails.