Terms of Service

1. Who these terms are with

BOB The Estimator (the "app") is provided by Parsons Custom Carpentry Pty Ltd (ACN 688 982 578), trading as Lempars Creations ("we", "us", "our").

By downloading, installing, or using the app, or by using our website, you agree to be bound by these Terms of Service. If you do not agree, do not use the app.

These Terms should be read together with our Privacy Policy, which explains how we handle personal information and forms part of your agreement with us.

2. Who may use the app

BOB The Estimator is a professional tool for people working in the building and construction trades. You must be at least 16 years old to create an account.

If you use the app on behalf of a business, you confirm that you are authorised to accept these Terms for that business, and "you" means that business.

3. What the app does

BOB The Estimator helps tradespeople price work and produce branded quotes. Depending on your plan, it provides:

• Construction calculators — concrete, stair, volume, pitch, 3-4-5, markup, rafter, wage, and timber span tables
• Section estimators — bathroom, kitchen, decks (including the deck drawing board), retaining wall, laundry, plaster and concrete
• Custom Estimate — for jobs that do not fit a single section, with templates you can save and reuse
• Rate profiles and rate books you can save and reuse
• Project tracking, including expenses, income, hours and wages records
• Clients, calendar bookings, to-do lists and reminders
• Team tools (Pro+) — invite crew, assign jobs and tasks, rosters and timesheets, site notes and photos
• Branded PDF export of estimates, quotes and materials lists, and client emails prepared with your business details

Exactly what your plan includes is shown on the plan cards in the app before you buy. We may add, change or withdraw features over time — see section 18.

4. Your account

To use most of the app you must create an account. You agree to:

• provide accurate information;
• keep your login details confidential; and
• take responsibility for everything done through your account.

Tell us promptly at lemparscreations@gmail.com if you believe your account has been used without your permission. Accounts are for a single user and may not be shared. On the Pro+ plan, invite each crew member to their own account instead of sharing yours.

You can review the devices signed in to your account and remove any you don't recognise from within the app.

Team accounts (Pro+)

If you are a team owner:

• you decide who to invite, what jobs and tasks each crew member can see, and what information you record about them (such as rates, rosters, hours and wages);
• you are responsible for having the right to record that information, and for meeting your own obligations to your workers — including privacy, payroll, award, superannuation and workplace record-keeping obligations. BOB's rosters, timesheets and wage figures are a record-keeping aid and are not a substitute for those obligations;
• you are responsible for the activity of your crew within your team; and
• the team is included in your Pro+ subscription. If your subscription ends or you delete your account, your crew lose access to your team's jobs.

If you are a crew member, you use BOB with your own account under these Terms. You can see the jobs and tasks assigned to you, and the updates, site notes and photos you add are visible to the team owner. A team owner can remove you from their team at any time.

5. Subscriptions, billing and auto-renewal

Paid access is sold as a subscription. We currently offer four plans — Lite, Essentials, Pro and Pro+ (which adds team accounts) — each available with monthly or annual billing.

The price, the billing period, and what each plan includes are displayed in the app before you confirm your purchase. That display is the offer; these Terms do not set prices.

By subscribing you agree that:

• Your subscription renews automatically at the end of each billing period, at the then-current price for that plan, until you cancel.
• You are charged through the channel you bought from — Stripe on the web, Google Play Billing on Android, or Apple In-App Purchase on iOS.
• You can cancel at any time in the app under Settings → Subscriptions & Payments → Manage subscription, or through your Google Play or Apple ID subscription settings if you purchased through a store.
• Cancelling stops the next renewal. You keep access until the end of the period you have already paid for.
• If we offer you a free trial, it converts to a paid subscription at the end of the trial unless you cancel before then.
• We may change prices. We will give reasonable advance notice, and a change takes effect only from your next renewal, so you can cancel first.
• If a payment fails, we may suspend access until it is resolved.

If you subscribe through the Apple App Store:

• Payment is charged to your Apple ID account when you confirm the purchase.
• Your subscription renews automatically unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours before the end of the current period.
• You can manage your subscription and turn off auto-renew in your App Store account settings after purchase.
• Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.

6. Choosing and swapping estimators

Some plans let you choose which estimators your subscription unlocks; others include all of them. Your selection is stored against your account.

If your plan asks you to choose, you may swap one estimator for another once per calendar month. An unused swap does not accumulate — it lapses when the next month issues a new one. The app shows whether a swap is currently available to you.

Swapping takes effect immediately, and you lose access to the estimator you swapped away. Estimates you have already saved remain readable.

7. Cancellation and refunds

You can cancel at any time as described in section 5.

Nothing in this section limits your rights under the Australian Consumer Law or any other law that cannot be excluded. See section 12.

8. Estimates are guides only

Every figure BOB The Estimator produces is an estimate generated from the dimensions, rates and options you enter. It is a guide to help you price work. It is not a guaranteed cost, a fixed quote, a valuation, or engineering, building or financial advice.

Actual costs vary with local conditions, material prices, labour rates, site access, waste, compliance requirements and much else. Span tables and structural figures in the app are reference material only and are not a substitute for advice from a qualified engineer or certifier.

You are responsible for checking every estimate before you rely on it, quote from it, or send it to a client. You, not us, are responsible for the quotes you issue and the contracts you enter into with your clients.

9. Your responsibilities

You agree to:

• use the app only for lawful purposes;
• check estimates before relying on them, and seek qualified advice where the work calls for it;
• comply with all applicable building codes, standards, licensing and regulations;
• keep your rates, prices and job inputs accurate and up to date;
• not resell, sublicense, or provide the app as a service to others;
• not reverse engineer, decompile, disassemble, or attempt to extract the source code of the app;
• not interfere with the app, our servers, or other users, or attempt to gain unauthorised access to any part of the service; and
• not use the app to store or transmit anything unlawful.

10. Your content and your clients

You keep ownership of everything you put into the app — your rates, job details, estimates, quotes, logo, client records, crew records, site notes and photos. We claim no ownership of it.

You grant us a limited licence to host, store, back up, process and display that content for the sole purpose of providing the app to you. We do not use it for any other purpose.

Where you enter details about your own clients, you confirm that you are entitled to collect and store those details and that you will meet your own privacy obligations to those people. The same applies to details you record about your crew. You are responsible for the photos you upload, including having any consent needed from people shown in them. Our Privacy Policy explains how we handle that information and the respective roles we each hold.

You are responsible for keeping your own copies of anything you need. Export important quotes to PDF rather than relying on the app as your only record.

11. Intellectual property

The app itself — its software, calculations, content, design, branding and the name BOB The Estimator — is owned by Parsons Custom Carpentry Pty Ltd and protected by copyright, trade mark and other laws.

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app for your own trade or business while your subscription is active. That licence does not let you copy, modify, distribute, sell, or create derivative works from the app.

PDF quotes you generate are yours to use with your clients however you wish.

12. Australian Consumer Law

For major failures you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Sections 13 and 14 apply only to the extent the law allows.

13. Disclaimer

Subject to section 12, the app is provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the app will be uninterrupted or error free, that its calculations will suit every job, or that reference data such as span tables is complete or current for your jurisdiction. The app depends on third-party services, and we are not responsible for their outages.

14. Limitation of liability

Subject to section 12, and to the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, business, goodwill, contracts or data, however caused.
• We are not liable for loss arising from an estimate being wrong, incomplete, or relied on without being checked — see section 8.
• Where our liability cannot be excluded, it is limited, at our option, to resupplying the service or paying the cost of having it resupplied.
• Our total aggregate liability to you for all claims is limited to the subscription fees you paid us in the 12 months before the claim arose.

You agree to indemnify us against claims brought by your clients or other third parties arising from quotes you issued, work you carried out, or content you entered into the app.

15. Suspension and termination

You may stop using the app at any time and delete your account in the app under Settings → Account Details → Delete Account.

We may suspend or terminate your access if you materially breach these Terms, if your payment fails, or if we are required to by law. Where it is reasonable to do so, we will give you notice and a chance to fix the problem first.

We may also discontinue the app entirely. If we do, we will give you reasonable notice and refund the unused portion of any subscription you have paid for.

On termination your licence ends. Sections 8, 10, 11, 12, 13, 14 and 19 survive termination.

16. Additional terms for Apple App Store users

These terms apply if you obtained BOB The Estimator from the Apple App Store, and prevail over any inconsistent term above:

• This agreement is between you and Parsons Custom Carpentry Pty Ltd only, not with Apple. Apple is not responsible for the app or its content.
• Your licence is a non-transferable licence to use the app on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to furnish any maintenance or support for the app. We are solely responsible for support, at lemparscreations@gmail.com.
• We are solely responsible for any product warranties, express or implied. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
• We, not Apple, are responsible for addressing any claim by you or a third party relating to the app or your possession and use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
• We, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the app infringes that party's intellectual property rights.
• You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, on your acceptance, have the right to enforce them against you.

17. Additional terms for Google Play users

If you obtained BOB The Estimator from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to this agreement and is not responsible for the app. Subscriptions purchased through Google Play are managed, billed, cancelled and refunded through Google Play in accordance with its policies.

18. Changes to the app and these terms

We may update the app, add or remove features, and change these Terms. When we change these Terms we will update the version and date at the top of this page and, if the change is material, give you notice in the app or by email before it takes effect.

If you do not accept a change, your remedy is to stop using the app and cancel your subscription. Continuing to use the app after a change takes effect means you accept the revised Terms.

19. Governing law and disputes

These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State and the courts of appeal from them.

If a dispute arises, please contact us first at lemparscreations@gmail.com so we can try to resolve it. We will respond within 30 days. If we cannot resolve it in that time, either of us may take the matter further.

This does not stop you from contacting a consumer protection agency or the Office of the Australian Information Commissioner, and does not affect rights you have that cannot be excluded by agreement.

20. General

If any part of these Terms is found unenforceable, the rest continues to apply. A delay in enforcing a term is not a waiver of it.

You may not transfer your rights under these Terms without our consent. We may transfer ours if we sell or restructure the business, and these Terms will continue to apply.

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the app.

21. Contact

For questions about these Terms of Service:

Parsons Custom Carpentry Pty Ltd, trading as Lempars Creations
Email: lemparscreations@gmail.com
Postal: 8 Koala Ave, Badger Creek VIC 3777