Terms of Service &
User Agreement

Welcome to MyComplex (www.mycomplex.au). This platform, including its web applications and mobile applications for iOS and Android (collectively, the "Platform"), is owned and operated by My Complex Pty Ltd ("we", "us", or "our"), headquartered in Brisbane, Queensland, Australia.

By registering an account, logging into, or accessing the Platform as a Unit Owner, Resident, Building Manager, Staff Member, or Contractor (collectively, "Users" or "you"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must immediately cease using the Platform.

1. Nature of the Service

The Platform is a cloud-based building management software SaaS designed to streamline administrative building tasks, log building directories, facilitate communications, and host an internal community network.

2. Australian Consumer Law (ACL) Mandated Carve-Out

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms operates to exclude, restrict, or modify any statutory guarantee, right, or remedy implied by law which cannot be lawfully excluded.

3. Limitation of Liability

3.1 Technical Availability and As-Is Basis

The Platform is provided on an "as-is" and "as-available" basis. While we implement rigorous technical safeguards—including SSL/TLS data encryption and regular security vulnerability/penetration testing—you acknowledge that no web platform or mobile ecosystem is entirely immune to system breaks, failures, software glitches, data corruption, or unauthorised third-party interventions ("hacking").

3.2 Allocation of Risk

You utilize the Platform at your own risk. We take all reasonable care in developing and deploying the software, but we do not warrant that the Platform will be completely error-free or uninterrupted.

3.3 Exclusion of Consequential Loss

In no event will we be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, loss of operational data, property damage, physical breach of building security, data breach consequences, loss of goodwill, or business interruption, arising out of or in connection with the Platform's performance or failure.

3.4 Maximum Financial Cap

Our maximum total aggregate liability to you for any single or series of claims in contract, tort (including negligence), statute, or otherwise is strictly limited to:

• (a) Commercial Subscribers: In the case of a paying commercial subscriber (e.g., Strata Corporation or Building Management Entity), the total subscription fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to liability.
• (b) End-Users: In the case of an individual resident, contractor, or free end-user, the total amount of $100.00 AUD.

4. Intellectual Property & Prohibited Restrictions

The structural framework, source code, database architectures, visual interfaces, logos, and native compilation binaries of the Platform are the exclusive intellectual property of My Complex. Except for the limited mobile application license expressly granted herein, no ownership rights are transferred to the user.

You explicitly agree that you will not, and will not permit any third party to:

• Decompile or Reverse Engineer: Attempt to decompile, reverse engineer, disassemble, modify, or derive the raw source code of the web dashboard frameworks or native iOS/Android application builds.
• Bypass Security Systems: Bypass, circumvent, probe, scan, or test the vulnerability of our SSL/TLS encryption shields, firewall layers, or automated database access authentication pipelines.
• Automated Scraping: Use automated bots, spiders, scripts, or scrapers to extract bulk resident data registers, contractor records, or building logs from the system database.
• Malicious Interventions: Introduce trojans, worms, logic bombs, or execute Distributed Denial of Service (DDoS) operations targeting our Sydney-hosted server infrastructure.

Any verified breach of this section constitutes a severe violation of this agreement and will result in immediate, permanent account termination without notice, alongside systemic referral to relevant Australian law enforcement frameworks.

5. High-Risk Security Data Obligations

The Platform permits the logging of keyholder registers, physical photos of keys, and secure access codes (e.g., intercom PIN numbers).

5.1 User Security Protocols

You are solely responsible for maintaining the confidentiality of your account login credentials.

5.2 Liability for Authorisation

We are not responsible for unauthorised building access resulting from weak user passwords, users sharing access PINs, or building managers misallocating access privileges within the software architecture. You must notify us immediately if you suspect a system credential breach.

6. "Verified" Contractors Framework

The Platform designates certain third-party contractors as "Verified".

6.1 Definition of Verified

A "Verified" badge or status indicates solely that we have performed basic administrative checks on the contractor's Australian Business Number (ABN), Registry status, and Certificate of Currency for Public Liability Insurance at the time of their registration.

6.2 Exclusion of Workmanship Liability

A "Verified" status does not constitute an endorsement, recommendation, or guarantee of the contractor's quality of work, safety protocols, character, or ongoing legal fitness. Any contract for physical repairs, maintenance, or services is formed strictly between the Resident/Building Manager and the Contractor. We accept zero liability for defective work, personal injury, or property damage caused by a contractor sourced via the Platform.

7. Peer-to-Peer Internal Marketplace ("The Couch Clause")

The Platform provides a passive classifieds style venue allowing residents to communicate regarding the peer-to-peer sale or trade of personal goods (e.g., selling furniture).

7.1 No Financial Intermediary

We do not process marketplace payments, act as an escrow agent, or take commissions. The transaction is entirely outside our control.

7.2 Complete Venue Disclaimer

We do not inspect, value, authenticate, or guarantee the safety or legality of any item listed. Any physical meeting to exchange goods or cash transfers on or off the building premises is conducted strictly at the independent risk of the participating residents.

8. Third-Party API Integrations

The Platform interfaces with third-party Application Programming Interfaces (APIs), including Google Maps and OpenWeather.

8.1 Third-Party Disruptions

We are not responsible for the structural uptime, geographic accuracy, or data validity of these services.

8.2 Pass-Through Bindings

By utilizing maps or location features within our Platform, you acknowledge that you are additionally bound by the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

9. Supplementary Legal Parameters

9.1 Force Majeure & Infrastructure Outages

My Complex is not liable for any failure, latency, or interruption of Platform functionalities resulting from conditions beyond our reasonable control. This includes, but is not limited to, regional telecommunications network failures, cloud server data center outages within the Sydney zone, grid-scale power disruptions, acts of God, severe weather events, or cyber-warfare operations targeting our infrastructure upstream.

9.2 Age Requirements & Authority Binding

By establishing an active profile token within the web framework or native mobile application, you warrant that you are at least 18 years of age, possess the legal capacity to enter into binding agreements, and are an authorised occupier, owner, contractor, or manager associated with a registered building within the My Complex ecosystem.

9.3 Platform Modifications & Updates

We reserve the right to deliver mandatory over-the-air (OTA) updates, alter system interface matrices, patch software vulnerabilities, or modify specific feature parameters at our absolute discretion to maintain system health stability. Continued use of the Platform following an infrastructure update constitutes irrevocable acceptance of the modified environment framework.

9.4 Strata Corporate Body Indemnity

My Complex operates strictly as a third-party software data processor. Any administrative disputes, operational actions, or configuration decisions implemented by building management or a Strata Committee are strictly between the occupier and that governing entity. Users completely indemnify My Complex from building-level operational friction.

9.5 Jurisdiction

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts located in Brisbane, Queensland for the resolution of any disputes.