ENVIZ Terms of Use
Last Updated: 30.06.2026
These Terms and Conditions (“Terms”) govern your use of the ENVIZ (“we,” “our,” “us”) services (the “Services”), including via the ENVIZ Platform and other means. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use our Services.
Definitions
| Term | Meaning |
|---|---|
| ENVIZ | Means ENVIZ Co Pty Ltd, ABN 23 638 791 401. |
| ENVIZ Services | Means services provided by ENVIZ, including via websites, web-apps and software applications made available by ENVIZ (including iOS and Android apps), and associated IT infrastructure, provided by, or on behalf of, or with the authorisation of ENVIZ. |
| ENVIZ Platform | Means websites, web-apps and software applications made available by ENVIZ (including iOS and Android apps), and associated IT infrastructure, provided by, or on behalf of, or with the authorisation of ENVIZ. |
| User | Means any user of the ENVIZ Services. |
| User Content | Means content (for example one or more data files) uploaded to the ENVIZ Platform by a User, or otherwise provided to ENVIZ in connection with the ENVIZ Services. |
| Hosted Content | Means a set of data which is derived from User Content configured to be hosted and experienced by Users via the ENVIZ Platform. |
| ENVIZ Content | Means all models, assets, formats, experiences, visualisations and other output created by ENVIZ, including Hosted Content generated through the ENVIZ pipeline. |
| Direct Debit | Means an automated transfer of funds from the User to ENVIZ in accordance with these Terms. |
| Business Day | Means a day that is not a Saturday, a Sunday or a gazetted public holiday in Sydney, NSW. |
| Confidential Information | Means all know-how, financial information and other commercially valuable or sensitive information in whatever form, including User names, pricing information, business models, budgets, project information, designs, samples, patents, trade secrets, and any other materials or information of whatever description, and any other information which a party regards as confidential, proprietary or of a commercially sensitive nature that may be in the possession of a party’s employees or management. The following are exceptions to such information: information which is already lawfully in the public domain or enters the public domain otherwise than as a result of an unauthorised disclosure; information which is or becomes lawfully available to the recipient party from a third-party who has the lawful power to disclose such information to the recipient party on a non-confidential basis; information which is rightfully known by the recipient party (as shown by its contemporaneous written record) prior to the date of disclosure; information extracted from Registered Lease Documents; and de-identified data. |
| Effective Date | Means the date on which the User accepts these Terms. |
| Fees | Means monies payable by the User to ENVIZ in accordance with the Services Agreement and/or in accordance with these Terms. |
| GST | GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). |
| Insolvency Event | Means circumstances in which a party: is unable to pay its debts as they fall due; makes or commences negotiations with a view to making, a general re-scheduling of its indebtedness, a general assignment, scheme of arrangement or composition with its creditors; takes any corporate action or any steps are taken, or legal proceedings are started for its winding-up, dissolution, liquidation, or re-organisation, other than to reconstruct or amalgamate while solvent, or the appointment of a controller, receiver, administrator, official manager, trustee or similar officer of it or of any of its revenues and assets; or seeks protection or is granted protection from its creditors, under any applicable legislation; becomes bankrupt or ceases to carry on business. |
| Intellectual Property Rights | Means any and all intellectual and commercial property rights throughout the world including, without limitation, copyright, trademarks, designs, patents, the right to keep Confidential Information confidential, know-how and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for registration of such rights and includes all renewals and extensions. |
1. Eligibility
1.1 You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Services.
1.2 By using the Services, you represent and warrant that you have the legal capacity to enter into these Terms.
2. Account Registration
2.1 To access certain features, you may be required to create an account.
2.2 You agree to provide accurate, current, and complete information during registration.
2.3 You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
3. Payments and Subscriptions
3.1 Some features may require payment or subscription.
3.2 ENVIZ will provide clear notice of payment requirements and payment terms at relevant times prior to and/or during delivery of the Services, including via its website, app, quotes, invoices, or other written communications.
3.3 If payment terms are not met, ENVIZ reserves the right, in its sole discretion, to suspend, limit, or terminate provision of some or all of the Services.
3.4 All fees are non-refundable except as required by law or where a full or partial refund is granted at ENVIZ’s sole discretion. ENVIZ may change pricing with reasonable notice.
3.5 ENVIZ may require payment of an upfront amount, deposit, or other prepayment prior to commencing any Services and, unless otherwise agreed in writing, is not required to commence work until such payment has been received in full.
3.6 Without limiting clause 3.3, ENVIZ may withhold delivery, release, publication, hosting, access to, or go-live of any Services or Hosted Content until all Fees payable in respect of those Services have been paid in full.
3.7 Where payment amounts, timing, milestones, or payment methods are specified in a quote, invoice, order form, or other written agreement between ENVIZ and the User, those terms govern the payment obligations for the relevant Services.
4. User Content
4.1 Ownership: Uploading of any 3D files, models, or content (“User Content”) does not affect ownership of that User Content. The User retains all Intellectual Property Rights in its User Content.
4.2 Permission: By uploading any User Content, you warrant that you have permission from the owner of that User Content to upload that User Content to us, and to grant the licence detailed below.
4.3 It is the responsibility of the User to check their User Content to: (i) ensure that it is accurate and conforms with any instructions provided by ENVIZ; (ii) ensure that the User is entitled to provide ENVIZ with all necessary permissions and licences to use the User Content for the purposes of the Services; and (iii) provide ENVIZ with all necessary licences to use the User Content for the purposes of the Services. The User hereby indemnifies ENVIZ for any loss or damage suffered as a result of the User’s failure to comply with this term, including but not limited to any costs incurred by ENVIZ in relation to third party complaints, actions, and otherwise in relation to or resulting from intellectual property subsisting in User Content.
4.4 User Content is used “as provided.” Any inaccuracies, omissions, or errors in User Content will appear in the resulting Hosted Content. ENVIZ is not responsible for detecting, correcting, validating or resolving inaccuracies in User Content.
4.5 The User acknowledges that any inaccuracies in the User Content will be reflected in any associated Hosted Content, and that ENVIZ accepts no responsibility or liability resulting from any such inaccuracies. To the extent that changes affecting any User Content are required, that is an issue to be resolved by the User without involvement from ENVIZ. ENVIZ may offer services, at its own discretion and in exchange for payment, to make changes to User Content on direction from the User.
4.6 Where User Content has been produced by third-party suppliers (such as CGI studios), ENVIZ is not responsible for and will not participate in any dispute between the User and the third-party supplier.
4.7 Prohibited Content: You may not upload content that:
- infringes intellectual property rights;
- contains malware or harmful code;
- violates applicable laws or regulations; or
- is abusive, offensive, or inappropriate.
4.8 We reserve the right to remove User Content and associated Hosted Content at our discretion.
Fair Use & Abuse Prevention
4.9 ENVIZ Services, including AI-powered tools, generation features, and AI-generated outputs, are subject to reasonable and fair use.
4.10 Users must not:
- use the Services in a manner that is excessive, abusive, automated, exploitative, or commercially unreasonable;
- use one project, package, home design, or entitlement across multiple unrelated projects or properties;
- attempt to circumvent usage limits, technical restrictions, pricing structures, or account controls;
- resell, redistribute, share accounts, or provide third-party access to the Services except where expressly authorised by ENVIZ.
4.11 Where ENVIZ reasonably believes usage is inconsistent with intended product use, creates disproportionate infrastructure or operational load, or negatively impacts the Services or other users, ENVIZ may, in its sole discretion and without liability:
- monitor usage;
- impose usage limits;
- require migration to alternative pricing or enterprise plans;
- suspend or restrict access to certain features; or
- terminate access to the Services.
4.12 Any reference to “unlimited” usage does not grant unrestricted, excessive, abusive, automated, enterprise-scale, or commercially unreasonable use of the Services. ENVIZ reserves the right to modify usage limits, fair use thresholds, and platform access rules at any time in accordance with these Terms.
5. Licence
5.1 To the extent that there are any Intellectual Property Rights in the User Content, the User grants to ENVIZ an irrevocable worldwide perpetual non-exclusive royalty free licence to those Intellectual Property Rights for the purposes of providing the Services (including making the Hosted Content available for viewing by third parties), and providing other agreed services to the User, including the right to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of those Intellectual Property Rights.
5.2 The licence granted includes the right for ENVIZ to host, convert, adapt, modify and create derivative works from User Content where necessary to provide the Services.
5.3 The User acknowledges that, to the extent that a third party has any Intellectual Property Rights in the User Content, it is the User’s responsibility to ensure that the third party has provided authorisation to grant to ENVIZ the licence detailed above, and the User hereby indemnifies ENVIZ in respect of any loss or damage whatsoever resulting from the User’s failure to obtain such authorisation.
5.4 The User agrees to defend, indemnify and hold harmless ENVIZ, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with ENVIZ’s use of the User Content, including without limitation:
- claims that the User Content infringes the Intellectual Property Rights of any third party;
- claims relating to ENVIZ’s permitted hosting, adaptation, conversion, modification or creation of derivative works from the User Content; and
- any disputes, demands or losses arising from reliance on or use of Hosted Content by the User or any third party.
6. Limitations of Hosted Content
6.1 ENVIZ does not warrant that the Hosted Content will be an exact representation of the User Content. ENVIZ gives no express or implied warranty that any Hosted Content is fit for the User’s purpose or that any Hosted Content complies with all relevant legislation.
6.2 It is the User’s responsibility to check the Hosted Content for accuracy, and ensure that the Hosted Content is suitable for the User’s purposes.
6.3 The User takes full responsibility for accuracy of the User Content and Hosted Content, and indemnifies ENVIZ in relation to any disputes, costs and the like in relation to third party complaints or actions brought against ENVIZ in relation to the Hosted Content. The User hereby agrees to defend, indemnify and hold harmless ENVIZ, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from the use and/or reliance on the Hosted Content by the User, any ENVIZ Platform User, or any other third party.
7. ENVIZ Intellectual Property
7.1 Hosted Content generated through ENVIZ’s proprietary conversion, optimisation, publishing and hosting processes forms part of the ENVIZ Platform and remains the exclusive intellectual property of ENVIZ. For the avoidance of doubt, ownership of User Content, including the User’s original source files and underlying designs, remains with the User in accordance with clause 4.1. ENVIZ is under no obligation to provide data files relating to Hosted Content to the User at any time, and such Hosted Content is accessible only via the ENVIZ Platform using technologies selected at the sole discretion of ENVIZ. To the extent that Hosted Content incorporates 3D assets owned by a third party, those assets are not extractable or downloadable from the Hosted Content.
7.2 All proprietary content that is the property of ENVIZ is protected by Australian and international copyright laws. The User must not reproduce, transmit, republish or prepare derivative works from any such proprietary content, except as expressly authorised by these Terms or with the prior written consent of ENVIZ.
7.3 The look and feel of the ENVIZ Platform (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of ENVIZ. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of ENVIZ.
8. Hosting, Access and Removal of Hosted Content
Hosting Period Not Guaranteed
8.1 Any description of hosting as “ongoing”, “indefinite”, or similar does not guarantee availability for any minimum period. Hosting is subject to ENVIZ’s technical, commercial, operational, legal and security requirements. In circumstances where a user does not pay a defined subscription for hosting in respect of a specified period, ENVIZ reserves the right to terminate hosting at its own discretion based on commercial or other factors.
Right to Suspend or Remove Hosted Content
8.2 ENVIZ may suspend, restrict, hide, archive, or permanently delete Hosted Content at any time, without liability, including if:
- the User fails to meet payment obligations;
- the Hosted Content is inaccurate, misleading, inappropriate or outdated;
- continued hosting may infringe third-party rights or legal obligations;
- ENVIZ changes or discontinues the Platform or its technology;
- hosting presents a commercial, security, operational or technical risk; or
- the content no longer meets ENVIZ’s brand, quality or experience standards.
No Liability for Removal
8.3 To the maximum extent permitted by law, ENVIZ is not liable for any loss resulting from suspension or removal of Hosted Content.
Discontinuation or Insolvency
8.4 If ENVIZ discontinues the Services or experiences an insolvency event, Hosted Content may cease to be available. No refunds or compensation will be provided.
9. Disclaimer of Warranties
Limitation of Liability
9.1 To the maximum extent permitted by law, ENVIZ and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Services and Hosted Content, and in particular do not represent, warrant or guarantee that:
- the use of the Hosted Content or Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- the Hosted Content or Services will meet the User’s requirements or expectations;
- the quality of any ENVIZ Platform or Services, information or other material purchased or obtained from ENVIZ will meet any particular requirements or expectations;
- third parties (including malicious third parties) will not gain unauthorised access to User Content or Hosted Content; or
- errors or defects will be corrected.
Exclusion of Liability
9.2 To the maximum extent permitted by law, ENVIZ and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to the User or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, the Services or Hosted Content or the use of the Services or Hosted Content by the User or any other person.
9.3 The liability of ENVIZ to the User arising under or in connection with the Services including:
- in tort (including for negligence);
- under statute; or
- otherwise, to the extent permitted by law, is limited to the Fees paid by the User to ENVIZ.
9.4 ENVIZ has no liability to the User in respect of any indirect or consequential losses (including loss of profit, incurred costs, loss of business opportunity and payment of liquidated sums or damages under any other agreement).
9.5 ENVIZ has no liability in respect of the Services after 1 year from the termination of the Services.
Remedies Limited
9.6 To the maximum extent permitted by law, ENVIZ and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at ENVIZ’s sole discretion):
- the supply of the Services again; or
- a refund of the Fees.
Release
9.7 The User agrees that the User’s use of the Services is at the User’s own discretion and risk. The User agrees to release ENVIZ and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that the User may have against any of them arising from the provision or use of the Services by the User or any other person. ENVIZ may plead this release as a bar and complete defence to any claims or proceedings.
Force Majeure
9.8 To the maximum extent permitted by law, and without limiting any other provision of these Terms, ENVIZ excludes liability for any delay in performing any of its obligations under the Terms or Service Agreement where such delay is caused by circumstances beyond the reasonable control of ENVIZ, and ENVIZ shall be entitled to a reasonable extension of time for the performance of such obligations.
Dispute
9.9 If a dispute arises out of or in relation to this agreement:
- either party may deliver a notice in writing to the other party outlining the details of the dispute and requiring a meeting within seven business days of the date of the notice to make a bona fide attempt to resolve the dispute; the conference must be conducted in good faith and without prejudice;
- if the dispute is not resolved within 20 business days, either party may submit the dispute to mediation by delivering to the other a written proposal of mediation;
- a proposal of mediation must state the name of a mediator accredited by the Institute of Arbitrators and Mediators Australia (IAMA) in the state of NSW, who is independent and willing to act;
- if the parties do not agree on the mediator in writing within seven days after the proposal is delivered, the President of the Chapter of the IAMA in the place of the law that applies must be requested to nominate the mediator;
- the mediation must then proceed in accordance with the rules of the IAMA for mediation except that in no case will one party be required to pay more than half of the costs of mediation; and
- if the parties are unable to resolve the dispute by mediation, confirmed by the mediator in writing, either party may take legal action to resolve the dispute.
10. Direct Debit Terms
10.1 This section applies in the case that the Terms specify that the User will pay the Fees via Direct Debit, and outlines ENVIZ’s commitment to the User as a Direct Debit customer and the User’s rights and responsibilities throughout the Direct Debit process.
10.2 ENVIZ will provide the User with at least 14 days prior notice if we change any Direct Debit terms under Clause 7. We may also cancel the Direct Debit by notice to the User.
10.3 ENVIZ will keep all information about the User’s nominated bank account private and confidential, only to be disclosed at the User’s request or that of the User’s financial institution in connection with a claim made about an alleged incorrect or wrongful debit.
10.4 Unless otherwise agreed in writing, ENVIZ will deduct payment to a maximum of the amount of the Fees due on your account at the due date on which a Direct Debit is triggered.
10.5 Where the Direct Debit due date falls on a non-working day or a national public holiday, ENVIZ will deduct the payment amount on the next business day.
10.6 If the payment is dishonoured because there are insufficient funds in the User’s nominated account, ENVIZ:
- will notify the User and try to deduct the payment on another day;
- may make other attempts to take the payment;
- may cancel the User’s Direct Debit agreement if a payment is dishonoured; and
- may pass on to the User any fees or charges incurred by ENVIZ as a result of the payment being dishonoured.
10.7 The User must ensure:
- its account information supplied to us is correct by checking it against a recent statement from the relevant financial institution;
- its nominated account can accept Direct Debits through the Bulk Electronic Clearing System (BECS). Direct Debit through BECS is not available on all financial institution accounts; and
- sufficient funds are available in the nominated account to meet a payment on its due date.
10.8 Where the User considers a payment has been initiated incorrectly, or there is a discrepancy in a payment amount, the User should contact ENVIZ immediately.
10.9 The User must advise ENVIZ if:
- its nominated account is transferred, closed or the Direct Debit is cancelled. The User must do so as soon as it becomes aware of this change; or
- the User wishes to change its bank account or personal details. To take effect for a next Direct Debit payment, ENVIZ must receive a request at least 10 business days before that Direct Debit due date.
10.10 If the User has agreed to a Direct Debit payment, funds will be debited from the User’s account on a monthly basis until such a time as the User stops that Direct Debit payment by notifying ENVIZ of a request to stop Direct Debit at least 10 business days before the User’s next Direct Debit due date.
10.11 The User may stop a particular Direct Debit payment by notifying ENVIZ at least 10 business days before your next Direct Debit due date. The Services may be affected by non-payment in accordance with the Terms.
10.12 The User may terminate its Direct Debit agreement at any time by notifying ENVIZ or your financial institution at least 10 business days before your next Direct Debit due date. The Services may be affected by non-payment in accordance with the Terms.
10.13 In accepting to pay the Fees via Direct Debit, the User authorises:
- (a) ENVIZ to arrange for funds to be debited: (i) from the User’s nominated account, and (ii) for an amount that is determined in accordance with the Services Agreement and these Terms, which ENVIZ may debit or charge the User through the Bulk Electronic Clearing System (BECS) until further notice in writing.
- (b) ENVIZ to verify the details of your nominated account with your financial institution.
- (c) The User’s financial institution to release information allowing ENVIZ to verify the nominated account.
10.14 This Direct Debit authorisation is to remain in force in accordance with the terms described in this Clause 8.
11. General
Interpretation
11.1 In these Terms, the following rules of interpretation apply:
- headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
- these Terms may not be construed adversely against ENVIZ solely because ENVIZ prepared them;
- the singular includes the plural and vice-versa;
- a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Assignment
11.2 The User may not assign, transfer or sub-contract any rights or obligations under these Terms without ENVIZ’s prior written consent.
11.3 ENVIZ may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to the User.
No Waiver
11.4 Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by ENVIZ to act with respect to a breach by the User or others does not waive ENVIZ’s right to act with respect to that breach or any subsequent or similar breaches.
Severability
11.5 The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.
Variation
11.6 ENVIZ reserves the right to amend these Terms and any other policy of ENVIZ at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. The User’s continued usage of the Services means that the User accepts those amendments.
11.7 The User may only vary or amend these Terms by written agreement with ENVIZ.
Governing Law and Jurisdiction
11.8 These Terms will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.