ShedSmart — Terms of Service

BL Peck Construction Pty Ltd (ABN 50 651 461 504), trading as The Shed Guru

Last updated: 12 July 2026 Effective from: 12 July 2026

1. About these terms

1.1 These Terms of Service ("Terms") govern your access to and use of ShedSmart (the "Service"), a software platform for quoting and managing trade work, operated by BL Peck Construction Pty Ltd (ABN 50 651 461 504), trading as The Shed Guru ("we", "us", "our").

1.2 By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, you must not use the Service.

1.3 If you are entering into these Terms on behalf of a company, partnership, trust, or other entity, you warrant that you have authority to bind that entity, and "you" means that entity.

1.4 We may update these Terms from time to time. Where a change materially and adversely affects your rights, we will give you at least 30 days' notice by email or in-app notice before it takes effect. Continued use of the Service after that date constitutes acceptance. If you do not accept the change, your sole remedy is to cancel your subscription under clause 12.

2. The Service

2.1 The Service provides tools to prepare quotes and estimates, manage items, rates and pricing inputs, generate documents, and manage related business information.

2.2 The Service is a calculation tool, not an estimator, adviser, or professional. It performs calculations using the data, rates, benchmarks, margins and assumptions that you enter or configure. The accuracy, completeness and commercial suitability of every quote, price, estimate, hour figure, margin, and document produced by the Service is your sole responsibility.

2.3 You acknowledge that:

(a) default values, seeded items and rates, placeholder pricing, templates, and example benchmarks provided in the Service are illustrative only, are not tailored to your business, and must be reviewed and replaced with your own figures before use;

(b) the Service does not provide, and must not be relied on as, engineering, structural, building, surveying, legal, accounting, taxation, or financial advice;

(c) you remain solely responsible for compliance with all laws, standards, codes, licensing, permits, insurance and regulatory requirements applicable to your trade and to any work you quote or perform; and

(d) you are responsible for independently checking every quote, price and document before issuing it to a customer or relying on it.

2.4 We may modify, add to, or remove features of the Service at any time. We will not materially reduce the core functionality of your paid plan during a paid period without notice and, where the reduction is material, a pro-rata refund or the right to cancel.

3. Accounts and access

3.1 You must provide accurate, current and complete information when registering, and keep it up to date.

3.2 You are responsible for safeguarding your login credentials and for all activity occurring under your account, whether or not authorised by you. You must notify us immediately at support@theshedguru.com.au of any suspected unauthorised access.

3.3 Accounts are issued to a single business ("Tenant"). Unless your plan expressly permits multiple users, you must not share login credentials with, or permit access by, any person outside your business.

3.4 You must not permit the Service to be accessed by a competitor of ours, or by any person for the purpose of building, benchmarking, or assisting a competing product.

3.5 You must be at least 18 years old and using the Service for business purposes.

4. Your data

4.1 Ownership. As between you and us, you own all data, content and information you submit to the Service ("Your Data"), including client details, pricing, items and rates, quotes and documents.

4.2 Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, back up and process Your Data solely to the extent necessary to provide, maintain, secure, support and improve the Service, and as otherwise permitted by these Terms and our Privacy Policy.

4.3 Your warranties. You warrant that you have all rights and consents necessary to submit Your Data to the Service, and that Your Data does not infringe any third party's rights or breach any law (including privacy law in respect of any personal information about your clients or workers).

4.4 Aggregated and de-identified data. We may create and use aggregated, anonymised and de-identified data derived from use of the Service (including benchmark, performance and statistical data) for any lawful purpose, including improving the Service and producing industry insights, provided that such data does not identify you, your business, your clients, or your individual pricing.

4.5 Export. You may export Your Data at any time while your subscription is active, using the export features available in the Service. On termination, see clause 13.

4.6 Backups. We take reasonable steps to back up the Service, but you remain responsible for maintaining your own copies of any data that is critical to your business. We do not warrant that backups will be available, complete, or recoverable.

5. Acceptable use

You must not, and must not permit any person to:

(a) use the Service for any unlawful, fraudulent, misleading or deceptive purpose;

(b) copy, adapt, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;

(d) circumvent, disable, or interfere with security, access controls, tenant isolation, usage limits, or billing mechanisms;

(e) access or attempt to access data belonging to any other Tenant;

(f) introduce malware, or use the Service to transmit unlawful, infringing, defamatory, harassing or offensive material;

(g) scrape, crawl, or use automated means to extract data from the Service beyond the features we provide;

(h) impose an unreasonable or disproportionate load on our infrastructure; or

(i) use the Service in breach of any applicable law.

We may suspend or terminate access immediately for breach of this clause (see clause 12.4).

6. Fees, billing and taxes

6.1 Fees for each plan are as displayed on our website or in the Service at the time you subscribe. All fees are stated in Australian dollars (AUD) and are inclusive of GST.

6.2 Subscription. Subscriptions renew automatically for successive periods (monthly or annual, as selected) until cancelled in accordance with clause 12. By subscribing, you authorise us and our payment processor to charge your nominated payment method on each renewal date until you cancel.

6.3 Payment processing. Payments are processed by our third-party payment processor, Stripe. We do not store your full card details. Your use of the payment processor is subject to its own terms.

6.4 Price changes. We may change our fees. We will give you at least 30 days' notice before a price change takes effect for your subscription. Price changes take effect at your next renewal. If you do not accept a price change, you may cancel before it takes effect.

6.5 Failed payments. If a payment fails, we may retry. If payment remains outstanding after 14 days, we may suspend your access until payment is made. Data is retained during suspension in accordance with clause 13.

6.6 No refunds. Except where required by law (including under the Australian Consumer Law) or expressly stated in these Terms, fees are non-refundable, including for partial periods, unused time, or where you cancel mid-period.

6.7 Trials and pilot access. If we offer you a free trial, pilot, beta or discounted access, we may modify or withdraw it at any time. Clause 8 applies.

6.8 Taxes. You are responsible for all taxes (other than our income tax) arising from your use of the Service.

7. Intellectual property

7.1 We (or our licensors) own all intellectual property rights in the Service, including its software, code, design, structure, calculation logic, templates, documentation and branding. Nothing in these Terms transfers any of those rights to you.

7.2 Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes for the term of your subscription.

7.3 Feedback. If you give us feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free right to use them without restriction or obligation to you.

8. Beta, pilot and early access

8.1 Where the Service (or a feature) is identified as beta, pilot, preview, or early access, it is provided "as is", for evaluation, and may be incomplete, unstable, or produce incorrect results.

8.2 To the maximum extent permitted by law, beta and pilot access is provided without any warranty whatsoever, and our liability in respect of it is limited to the maximum extent permitted by law.

8.3 You must not rely on beta or pilot output for any commercial decision without independently verifying it. This includes verifying every price, quote and calculation before issuing it to a customer.

9. Availability and support

9.1 We will use reasonable endeavours to make the Service available, but we do not warrant uninterrupted or error-free availability. The Service may be unavailable due to maintenance, updates, third-party outages (including hosting, database and email providers), or events beyond our reasonable control.

9.2 We provide support via support@theshedguru.com.au on a reasonable-endeavours basis during Australian business hours. No service level agreement (SLA), uptime guarantee, or response-time guarantee applies unless separately agreed in writing.

9.3 We rely on third-party infrastructure providers. We are not liable for their acts, omissions or outages, except to the extent required by law.

10. Australian Consumer Law

10.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law ("ACL"), which cannot lawfully be excluded, restricted or modified ("Non-Excludable Guarantee").

10.2 To the extent permitted by law, our liability for breach of a Non-Excludable Guarantee in respect of services is limited, at our option, to:

(a) resupplying the services; or

(b) paying the cost of having the services resupplied.

10.3 Where the Service is acquired for business use and the ACL permits limitation, clause 11 applies.

11. Disclaimers and limitation of liability

11.1 Disclaimer. Subject to clause 10 and to the maximum extent permitted by law, the Service is provided "as is" and "as available", and we exclude all warranties, guarantees, conditions and representations not expressly set out in these Terms, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

11.2 Quoting and pricing risk — please read carefully. To the maximum extent permitted by law, we are not liable for any loss arising from the content, accuracy, or consequences of any quote, estimate, price, hour figure, margin, cost, document or calculation produced using the Service, including where it arises from:

(a) incorrect, incomplete, outdated or misconfigured data, rates, margins, wastage, benchmarks or settings entered or selected by you;

(b) reliance on default, seeded, placeholder, template or example values;

(d) your failure to review output before issuing it to a customer.

You are solely responsible for checking every quote before you rely on it or send it to a customer.

11.3 Excluded loss. To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profit, revenue, business, contracts, opportunity, anticipated savings, goodwill, reputation, or data, however arising (including in negligence), even if we were advised of the possibility.

11.4 Liability cap. To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees actually paid by you to us in the 12 months immediately preceding the first event giving rise to the liability, or AUD $100 where no fees have been paid (including during a free trial or pilot).

11.5 Each limitation and exclusion in this clause applies separately and survives termination.

12. Suspension, cancellation and termination

12.1 Your cancellation. You may cancel your subscription at any time via the Service or by emailing support@theshedguru.com.au. Cancellation takes effect at the end of your current paid period. You retain access until then. No refund is payable for the remainder of the period except as required by law.

12.2 Our termination for convenience. We may terminate your subscription on 30 days' notice. If we do, we will refund the unused portion of any prepaid fees on a pro-rata basis.

12.3 Termination for breach. Either party may terminate immediately if the other materially breaches these Terms and fails to remedy the breach within 14 days of written notice (or immediately, if the breach cannot be remedied).

12.4 Immediate suspension. We may suspend or terminate your access immediately and without notice if we reasonably believe you have: breached clause 5 (Acceptable use); failed to pay; attempted to access another Tenant's data; created a security, legal or reputational risk; or become insolvent. We will tell you as soon as reasonably practicable after doing so.

13. What happens to your data on termination

13.1 You may export Your Data at any time before termination takes effect. We strongly recommend you do so.

13.2 After termination or expiry, we will retain Your Data in a recoverable form for 30 days, during which you may request an export by emailing support@theshedguru.com.au.

13.3 After that period, we may permanently delete Your Data, and it will not be recoverable. We are not liable for any loss arising from deletion in accordance with this clause.

13.4 We may retain data where required by law, or in backups until they expire in the ordinary course, subject to our Privacy Policy.

14. Confidentiality

14.1 Each party must keep the other's confidential information confidential, use it only for the purposes of these Terms, and protect it with at least reasonable care.

14.2 This does not apply to information that is public (other than by breach), independently developed, lawfully received from a third party, or required to be disclosed by law.

14.3 We treat Your Data — including your pricing, items and rates, margins and client information — as your confidential information.

15. Indemnity

You indemnify us against any claim, loss, liability, cost or expense (including reasonable legal costs) suffered or incurred by us arising out of or in connection with:

(a) your breach of these Terms;

(b) Your Data, including any claim that it infringes a third party's rights or breaches privacy law;

(d) your negligent, unlawful or wilful act or omission.

16. Privacy

Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy at https://shedsmart.theshedguru.com.au/privacy, which forms part of these Terms.

17. General

17.1 Governing law. These Terms are governed by the laws of Tasmania, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Tasmania and courts of appeal from them.

17.2 Dispute resolution. Before commencing proceedings (other than for urgent injunctive relief), a party must give written notice of the dispute and the parties must attempt in good faith to resolve it, including by a meeting of senior representatives, within 21 days.

17.3 Force majeure. Neither party is liable for failure to perform (other than payment obligations) due to events beyond its reasonable control.

17.4 Assignment. You may not assign these Terms without our written consent. We may assign or novate these Terms, including in connection with a sale of our business, on notice to you.

17.5 Notices. Notices to you may be sent to the email address on your account. Notices to us must be sent to support@theshedguru.com.au.

17.6 Severability. If any provision is unenforceable, it is severed and the remainder continues in force.

17.7 Waiver. A failure to enforce a right is not a waiver of it.

17.8 Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between us and supersede all prior discussions.

17.9 Survival. Clauses 4, 7, 11, 13, 14, 15 and 17 survive termination.

Contact

BL Peck Construction Pty Ltd (ABN 50 651 461 504) Trading as The Shed Guru Hobart TAS 7008, Australia

Email: support@theshedguru.com.au