1. Definitions
1.1 “Platform” means SuperSleeper’s engineering calculation software and related services.
1.2 “User” means any individual or entity accessing or using the Platform.
1.3 “Output” means results generated by the Platform based on User inputs.
1.4 “Gross Negligence” means willful, reckless disregard of professional obligations under applicable engineering standards.
2. No Reliance; Professional Verification Required
2.1 The Platform is provided as a preliminary design aid only and does not constitute engineering advice, certification, or design approval.
2.2 Users must not rely solely on Platform Output without independent professional verification.
2.3 For all structural engineering applications, Users must have Output reviewed and stamped by a licensed professional engineer before implementation. The Platform does not produce certified engineering designs.
2.4 The User acknowledges and agrees that:
(a) the Output is indicative only and may omit material project-specific factors;
(b) no reasonable person would rely solely on the Output without independent verification; and
(c) all Output must be reviewed, verified and approved by a suitably qualified and licensed professional engineer prior to implementation.
2.5 Use of the Platform and any Output is entirely at the User’s own risk.
2.6 The Platform does not account for site-specific or project-specific conditions, including (without limitation):
(a) geotechnical or soil conditions;
(b) groundwater or drainage;
(c) construction methodology;
(d) load variations or environmental factors; and
(e) any factors outside the parameters expressly input by the User.
2.7 SuperSleeper does not verify User inputs and assumes all inputs are accurate and complete. The accuracy and reliability of any Output is wholly dependent on the accuracy and completeness of User inputs.
2.8 The User acknowledges that software may contain errors, defects or inaccuracies (“Bugs”), and that such Bugs may affect the Output. SuperSleeper does not guarantee that the Platform or Output will be free from Bugs or inaccuracies.
3. Limited Warranty
3.1 The Platform is provided “as is” without warranties of any kind, express or implied.
3.2 SuperSleeper does not warrant that:
(a) the Platform will meet User requirements;
(b) the Platform will be error-free or uninterrupted;
(c) results will comply with any building codes or standards;
(d) the Platform or Output will be accurate, complete or suitable for any particular purpose; and
(e) the Platform will be free from Bugs or defects.
4. Liability
4.1 To the maximum extent permitted by law, SuperSleeper’s total aggregate liability arising out of or in connection with the Platform or these Terms is limited to the greater of:
(a) AUD $100; and
(b) two times (2x) the fees paid by User in the 12 months preceding the claim.
4.2 SuperSleeper shall not be liable for:
(a) indirect, incidental, special, or consequential damages;
(b) loss of profits, revenue, data, or use;
(c) errors caused by:
(i) incorrect User inputs;
(ii) improper use of the software; or
(iii) failure to account for real-world conditions.
4.3 Exclusions: this limitation does not apply to claims arising from SuperSleeper’s gross negligence (as defined in Section 1.4).
4.4 Nothing in these Terms excludes, restricts or modifies any rights or remedies which cannot be excluded under the Australian Consumer Law. To the extent permitted by law, SuperSleeper’s liability for breach of any non-excludable guarantee is limited, at its option, to:
(a) the resupply of the services; or
(b) the payment of the cost of having the services supplied again.
4.5 SuperSleeper accepts no responsibility or liability for any structural design, specification, construction outcome, or engineering decision made based on the Output.
4.6 To the maximum extent permitted by law, SuperSleeper disclaims any duty of care owed to the User in relation to the Platform or Output.
5. Indemnification
5.1 User agrees to defend, indemnify, and hold harmless SuperSleeper from claims, losses, damages, liabilities and expenses (including legal costs) arising from or in connection with:
(a) User’s use or misuse of the Platform;
(b) User’s reliance on the Output;
(c) any breach of these Terms;
(d) failure to verify Output with qualified professionals; and
(e) any third-party claims arising from design, engineering or construction decisions based on the Output.
5.2 This indemnification does not apply to claims solely attributable to SuperSleeper’s gross negligence.
6. User Responsibilities
6.1 User is solely responsible for:
(a) verifying all inputs and Output;
(b) compliance with applicable laws and regulations;
(c) determining the Platform’s suitability for specific needs; and
(d) ensuring all designs and Outputs are independently reviewed and certified by a suitably qualified and licensed engineer prior to implementation.
7. Intellectual Property
7.1 All Platform rights remain with SuperSleeper. User receives a non-exclusive, revocable license.
7.2 Prohibited: reverse engineering, resale, or commercial exploitation.
8. Data Disclaimer
8.1 SuperSleeper may use anonymized, non-identifiable data to improve services.
8.2 User data is never shared with third parties without consent.
9. Beta Features
9.1 Experimental features are provided “as is” without warranty. Use at User’s own risk.
10. Force Majeure
10.1 SuperSleeper is not liable for failures caused by: acts of God, war, terrorism, internet failures, or government restrictions.
11. Third-Party Integrations
11.1 SuperSleeper disclaims all responsibility for third-party software interfacing with the Platform.
12. Age Restriction
12.1 The Platform may only be used by individuals aged 18+, or by minors under direct professional supervision.
13. Export Restrictions
13.1 The Platform may not be used in or exported to embargoed countries or by sanctioned individuals/entities.
14. Governing Law & Disputes
14.1 These Terms are governed by Queensland, Australia law.
14.2 Disputes must first undergo mediation in Brisbane.
15. Termination & Data Retention
15.1 SuperSleeper may suspend accounts at its own discretion without cause and for:
(a) material breaches (e.g., unauthorized sharing);
(b) non-payment (if applicable).
15.2 User may export data for 90 days post-termination.
16. Modifications
16.1 SuperSleeper may modify these Terms at any time. Continued use constitutes acceptance.
17. General
17.1 Survival: Sections 3–5, 7, and 14–17 survive termination.
17.2 Severability: if any clause is invalid, the remainder remains enforceable.
17.3 Entire Agreement: these Terms supersede all prior agreements.