End User License Agreement

1. Definitions and Interpretation

1.1 Definitions

• "Agreement" means this End User License Agreement and any amendments or updates thereto
• "Body Corporate" means the body corporate established under the Body Corporate and Community Management Act 1997 (Qld)
• "Building" means the strata-titled building complex subject to this system
• "Committee" means the committee of the Body Corporate as defined under Queensland strata legislation
• "Lot Owner" means any person who holds title to a lot within the Building
• "Resident" means any Lot Owner, tenant, or authorized occupant of a lot within the Building
• "Service Provider" means any contractor, tradesperson, or service professional engaged through the System
• "System" means the Strata Help Desk digital building management platform, including all software, interfaces, and associated services
• "User" means any person authorized to access and use the System

1.2 Queensland Legislation Context

This Agreement operates within the framework of Queensland strata legislation, including but not limited to:

• Body Corporate and Community Management Act 1997 (Qld)
• Building Units and Group Titles Act 1980 (Qld)
• Residential Tenancies and Rooming Accommodation Act 2008 (Qld)
• Privacy Act 1988 (Cth) and Information Privacy Act 2009 (Qld)

2. Grant of License and Permitted Use

2.1 License Grant

Subject to the terms of this Agreement, the Body Corporate grants you a limited, non-exclusive, non-transferable license to access and use the System solely for:

• Building management and maintenance activities related to your residence or lot
• Communication with building management and authorized personnel
• Facility booking and building amenity access
• Renovation application and approval processes
• Contractor engagement and service coordination
• Compliance with Body Corporate by-laws and building regulations

2.2 Authorized Users

The following persons are authorized to use the System, subject to role-based access controls:

• Lot Owners: Access to personal lot management, facility booking, renovation applications
• Tenants: Limited access as authorized by the Lot Owner and building management
• Building Committee Members: Administrative access for governance and decision-making
• Building Managers: Full administrative access for building operations
• Security Personnel: Access limited to security and safety functions
• Service Providers: Limited access for specific contracted services

2.3 System Access Method

The System uses a secure two-factor authentication process:

• Users access the System by entering their pre-registered mobile phone number
• Upon verification that the phone number exists in the building database, a verification code is sent to the user's pre-registered email address
• Users enter the verification code to gain access to the System
• No separate user accounts are created - access is based on existing building resident/contractor records
• Users are responsible for maintaining current contact information with building management

3. Prohibited Uses and Conduct

3.1 System Misuse

Users must not:

• Access or attempt to access accounts, data, or areas of the System not authorized for their user role
• Interfere with, disrupt, or compromise the System's security, integrity, or performance
• Use automated tools, scripts, or bots to access or interact with the System
• Reverse engineer, decompile, or attempt to derive source code from the System
• Remove, alter, or obscure any copyright, trademark, or proprietary notices

3.2 Content and Communication Standards

All communications and content submitted through the System must:

• Be truthful, accurate, and relevant to building management purposes
• Comply with applicable laws and Body Corporate by-laws
• Respect the privacy and dignity of other residents and building staff
• Not contain defamatory, harassing, threatening, or discriminatory content
• Not include spam, advertising, or commercial solicitation (unless specifically authorized)

3.3 Strata-Specific Obligations

When using the System for strata-related activities, Users must:

• Obtain all required Body Corporate approvals before commencing renovation work
• Ensure contractors and service providers comply with building access and conduct requirements
• Report safety hazards, maintenance issues, and security concerns promptly
• Respect exclusive use areas and common property usage guidelines
• Comply with noise restrictions and building amenity usage policies

4. Body Corporate Governance and Decision Making

4.1 Committee Authority

The Building Committee retains ultimate authority over:

• System configuration, user access levels, and operational policies
• Approval or denial of renovation applications and contractor selections
• Resolution of disputes arising from System use or building management decisions
• Implementation of by-law changes affecting System functionality

4.2 Decision Recording and Transparency

The System will maintain records of:

• Committee decisions affecting residents and building operations
• Renovation approvals and compliance monitoring
• Facility usage patterns and booking histories
• Maintenance requests, resolutions, and contractor performance

4.3 Appeals and Dispute Resolution

Users may appeal System-related decisions through:

1. Internal Review: Request reconsideration by building management
2. Committee Review: Formal review by the Building Committee
3. General Meeting: Presentation to a Body Corporate general meeting if required
4. External Resolution: Queensland Civil and Administrative Tribunal (QCAT) or Office of the Commissioner for Body Corporate and Community Management as appropriate

5. Renovation and Contractor Management

5.1 Renovation Application Process

All renovation work within the Building must:

• Be submitted through the System's renovation application workflow
• Include complete documentation as specified in your Building's renovation procedures document
• Receive Committee approval before commencement
• Comply with all applicable building codes, Body Corporate by-laws, and local council requirements

5.2 Contractor Requirements

All contractors engaged through the System must:

• Hold current trade licenses and professional certifications appropriate to their work
• Maintain comprehensive public liability insurance as specified by the Body Corporate
• Complete building-specific safety and induction training before site access
• Comply with building access hours, noise restrictions, and common property protection requirements
• Provide compliance certificates and completion documentation as required

5.3 Liability and Insurance

Renovation and contractor activities are subject to the following liability framework:

• Lot Owner Responsibility: Lot Owners remain ultimately responsible for all renovation work conducted in their lot
• Contractor Liability: Contractors are responsible for their work quality, safety compliance, and any damage to common property
• Body Corporate Protection: The Body Corporate disclaims liability for contractor selection, work quality, or disputes between Lot Owners and contractors
• Insurance Requirements: All parties must maintain appropriate insurance coverage as specified in your Building's renovation procedures document

6. System Ownership and Data Rights

6.1 System Ownership

The System, including all software, technology, and intellectual property rights, is owned and licensed by the System Operator. The Body Corporate holds a subscription license to use the System for building management purposes.

6.2 Data Ownership and Access Rights

Data ownership and access rights are structured as follows:

• System Operator Rights: Owns the System technology, software, and operational infrastructure
• Body Corporate Rights: Holds limited rights to building-specific data and resident information, contingent upon maintaining a current subscription
• Data Access: Body Corporate access to data is dependent on active subscription status
• Data Portability: Upon subscription termination, reasonable data export may be provided subject to technical and legal constraints

6.3 User Content and Building Data

Users and the Body Corporate retain ownership of content they submit to the System, but grant the System Operator a license to:

• Store, process, and maintain user content for System operation and building management purposes
• Provide building management functionality and service delivery
• Maintain system backups and disaster recovery capabilities
• Generate anonymized analytics for system improvement (with personal identifiers removed)

6.4 Proprietary Information

Users acknowledge that System functionality, building operational processes, and technical infrastructure constitute proprietary information and agree not to reverse engineer or attempt to replicate System capabilities.

7. Limitation of Liability and Disclaimers

7.1 System Availability

While the Body Corporate endeavors to maintain System availability, Users acknowledge that:

• The System may be temporarily unavailable due to maintenance, updates, or technical issues
• Existing Building emergency management procedures will remain in effect during System downtime
• Alternative communication methods will be available for urgent matters

7.2 Limitation of Liability

To the maximum extent permitted by law, the Body Corporate's liability for any damages arising from System use is limited to:

• Direct damages actually incurred, up to a maximum of $1,000 per incident
• Provision of alternative building management services during System outages
• Reasonable efforts to resolve technical issues affecting System functionality

7.3 Excluded Liability

The Body Corporate disclaims liability for:

• Contractor performance, work quality, or disputes between contractors and residents
• Consequential, indirect, or punitive damages arising from System use
• Data loss or corruption not caused by Body Corporate negligence
• Third-party actions or security breaches beyond the Body Corporate's reasonable control

7.4 Consumer Rights

Nothing in this Agreement excludes or limits consumer rights under the Competition and Consumer Act 2010 (Cth) or other applicable consumer protection legislation that cannot be lawfully excluded.

8. Privacy and Data Protection

8.1 Privacy Compliance

The Body Corporate is committed to protecting user privacy in accordance with:

• Privacy Act 1988 (Cth) and Australian Privacy Principles
• Information Privacy Act 2009 (Qld)
• The comprehensive Privacy Policy

8.2 Data Collection and Use

Personal information collected through the System is used solely for:

• Building management and maintenance coordination
• Communication with residents, contractors, and building management
• Compliance with Body Corporate governance requirements
• Safety, security, and emergency response purposes

8.3 Data Sharing and Disclosure

Personal information may be shared with:

• Building Committee members for governance and decision-making purposes
• Authorized contractors for service delivery and project coordination
• Government authorities as required by law or for public safety
• Professional service providers (legal, accounting, insurance) as necessary for Body Corporate operations

9. System Access Termination

9.1 Termination of Access

System access is automatically managed based on building residency and authorization status:

• Natural Termination: Users can cease System access by simply not using the System
• Contact Information Updates: Users should notify building management of contact changes to maintain access capability
• Residency Changes: Access will be terminated when residency or authorized status ends
• No Formal Account Closure: No formal account closure process is required as no persistent accounts are maintained

9.2 Termination by Body Corporate

The Body Corporate may suspend user access for:

• Material breach of this Agreement or building by-laws
• Harassment, threatening behavior, or safety violations
• Fraudulent or unauthorized use of the System
• Transfer of lot ownership or termination of tenancy
• Contractor engagement completion or termination

9.3 Effect of Access Termination

Upon access termination:

• User's mobile phone and email verification will be removed from the System database
• Outstanding building-related obligations and liabilities remain in effect
• Historical data may be retained for legal, compliance, and building management purposes
• Alternative communication arrangements will be established for ongoing building-related matters

9.4 Data Retention After Access Termination

Following access termination:

• Personal contact information will be removed from active authentication databases
• Historical records may be retained for legal and compliance requirements
• Building management records may be preserved for Body Corporate governance purposes
• Data retention follows established privacy policy guidelines and legal requirements

10. Amendment and Updates

10.1 Agreement Updates

This Agreement may be updated to reflect:

• Changes in Queensland strata legislation or Body Corporate by-laws
• System functionality enhancements or security improvements
• Modifications to building management procedures or policies

10.2 Notification of Changes

Material changes to this Agreement will be communicated through:

• System notifications upon user login
• Email notifications to registered user accounts
• Building notice boards and Body Corporate communications
• Formal Body Corporate meeting processes where required

10.3 Continued Use

Continued use of the System following notification of Agreement changes constitutes acceptance of the updated terms.

11. Governing Law and Jurisdiction

11.1 Applicable Law

This Agreement is governed by the laws of Queensland, Australia, and Users submit to the jurisdiction of Queensland courts.

11.2 Dispute Resolution

Disputes arising from this Agreement will be resolved through:

1. Internal Resolution: Good faith negotiation between the parties
2. Body Corporate Procedures: Formal Body Corporate dispute resolution processes
3. QCAT Jurisdiction: Queensland Civil and Administrative Tribunal for matters within its jurisdiction
4. Court Proceedings: Queensland Supreme Court or District Court as appropriate

11.3 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions continue in full force and effect.

12. Contact Information and Support

Document Version: 2.0 | Effective Date: 28 February 2026
Last Updated: 28 February 2026 | Review Date: 28 February 2027