Terms of Service

Last updated: 18 August 2026

These Terms of Service govern access to and use of the Formwerk website, application and related services.

These Terms form an agreement between you or the organisation you represent (you, your or Customer) and Formwork Studios, trading as Formwerk (Formwerk, we, us or our).

By creating an account, accessing or using Formwerk, you agree to these Terms. If you use Formwerk on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.

1. The Service

Formwerk is business development management software for architecture practices. It allows users to manage and report on information relating to submissions, projects, organisations, contacts, events, marketing initiatives, responsibilities, deadlines, workloads and related activities.

Subject to these Terms, Formwerk grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Service for your organisation's internal business purposes during your subscription or permitted free use.

2. Eligibility and accounts

You must be at least 18 years old and legally able to enter into these Terms. If you use the Service for an organisation, you must be authorised to do so.

You must provide accurate account information and keep it current. You are responsible for:

• maintaining the confidentiality of account credentials;
• controlling access to your account and devices;
• activity carried out through your account, except to the extent caused by Formwerk's breach of these Terms;
• promptly notifying us if you suspect unauthorised access or a security incident; and
• ensuring that each user accesses the Service through their own authorised account where required.

You must not share an account in a way that avoids applicable seat or access fees.

3. Free access and trials

Formwerk may offer free access with limits on the number of records or other usage. The current free offering includes access to Formwerk's features with up to three records per category and no stated time limit.

Free access is provided so that you can evaluate the Service, including by trying Formwerk with a single submission. No credit card is required unless this is clearly disclosed before you start a different promotional trial or paid subscription.

We may change the limits or availability of free access. Where a change materially affects an existing free account, we will provide reasonable notice where practicable.

4. Paid subscriptions

Paid subscription options, account types and prices are shown on the Formwerk website or during purchase. Unless otherwise stated at the time of purchase:

• fees are quoted in United States dollars;
• editor accounts are charged per seat per month;
• read-only access is charged at the rate and on the basis shown during purchase;
• subscriptions are billed in advance and renew monthly until cancelled; and
• applicable taxes may be added to the displayed price.

By starting a paid subscription, you authorise Formwerk and its payment provider to charge the applicable recurring fees using your selected payment method.

We may change subscription prices by giving reasonable advance notice. A price change will apply from a future renewal date. If you do not agree to the change, you may cancel before the new price takes effect.

5. Cancellation and refunds

You may cancel a paid subscription at any time. Unless otherwise stated during purchase, cancellation takes effect at the end of the current paid billing period and you may continue using the paid features until then.

Fees already paid are not refundable for a change of mind or unused time in a billing period, except where required by law or expressly agreed by Formwerk.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

6. Customer Data

Customer Data means information, records, text, files and other material submitted to the Service by or for you.

As between you and Formwerk, you retain ownership of Customer Data. You grant Formwerk a limited right to host, copy, process, transmit, display and back up Customer Data only as reasonably necessary to:

• provide, maintain and secure the Service;
• follow your instructions and support requests;
• prevent or address technical or security issues; and
• comply with applicable law.

Formwerk does not sell, rent or trade Customer Data and does not disclose it to third parties for their own advertising or marketing purposes.

You are responsible for the accuracy, quality, legality and content of Customer Data. You confirm that you have all rights, permissions and lawful authority required to enter and use Customer Data in the Service.

You should maintain independent copies of information that is important to your business. Before closing an account, contact us if you require reasonable assistance retrieving Customer Data that cannot be exported using available Service functionality.

7. Privacy and data hosting

Our collection and handling of personal information is described in the Formwerk Privacy Policy.

The Service is hosted in North America, including the United States. By using the Service, you acknowledge that Customer Data may be stored or processed outside Australia as described in the Privacy Policy.

If you enter personal information about another person, you are responsible for complying with applicable privacy and confidentiality laws and for providing any required notices or obtaining any required consents.

8. Acceptable use

You must not use the Service to:

• break the law or infringe another person's rights;
• upload content that is unlawful, defamatory, fraudulent, malicious or infringes intellectual property, privacy or confidentiality rights;
• send spam or unsolicited marketing in breach of applicable law;
• introduce malware or harmful code;
• attempt to gain unauthorised access to the Service or another account;
• probe, scan or test the vulnerability of the Service without written permission;
• disrupt or place an unreasonable load on the Service or its infrastructure;
• bypass usage, account or security limits;
• reverse engineer, copy or create a competing service from any non-public part of Formwerk, except to the extent that applicable law does not permit this restriction; or
• resell, sublicense or make the Service available to a third party except as expressly permitted in writing.

Formwerk is designed for ordinary business information. You must not use the Service to store health records, government identification numbers, financial account credentials, complete payment card details or other highly sensitive information unless Formwerk has expressly agreed in writing.

9. Formwerk intellectual property

Formwerk and its licensors retain all rights, title and interest in the Service, including its software, design, branding, documentation and underlying technology. These Terms do not transfer ownership of the Service or Formwerk intellectual property to you.

If you provide feedback or suggestions, you permit Formwerk to use them to improve the Service without payment or restriction. This does not give Formwerk any ownership of your Customer Data.

10. Confidentiality

Formwerk will treat non-public Customer Data as confidential and will only access or disclose it as necessary to provide and secure the Service, comply with law, respond to your instructions or as otherwise described in the Privacy Policy.

This obligation does not apply to information that is publicly available through no breach of these Terms, was already lawfully known without a duty of confidentiality, is received lawfully from another source or is independently developed without use of the confidential information.

If disclosure is legally required, Formwerk will provide notice where legally permitted and reasonably practicable.

11. Service availability and changes

We aim to keep Formwerk available and reliable, but the Service may occasionally be unavailable because of maintenance, faults, security events or circumstances outside our reasonable control. Unless Formwerk has agreed to a separate service level agreement in writing, we do not guarantee uninterrupted or error-free availability.

We may improve, modify or discontinue parts of the Service. We will provide reasonable notice where a change materially reduces paid functionality during a current subscription period. If a material reduction substantially affects your use and cannot reasonably be resolved, you may cancel and request a pro-rata refund for the unused portion of the affected paid period.

The Service relies on third-party infrastructure and services. We are not responsible for third-party services outside our reasonable control, but this does not limit any responsibility that cannot lawfully be excluded.

12. Suspension and termination

We may suspend or restrict access where reasonably necessary to:

• address a security risk or protect the Service, Customer Data or other users;
• investigate suspected unlawful or prohibited use;
• respond to a legal requirement;
• address overdue fees; or
• address a material breach of these Terms.

Where practicable, we will notify you and provide a reasonable opportunity to resolve the issue before suspension. We may act immediately where delay could create material harm, legal exposure or a security risk.

Either party may terminate these Terms if the other party materially breaches them and does not remedy the breach within a reasonable period after receiving notice. You may also stop using free access or cancel a paid subscription in accordance with section 5.

On termination, your right to use the Service ends. We may delete Customer Data that we no longer need, subject to applicable law, our Privacy Policy and reasonable backup retention. Sections intended by their nature to continue after termination will survive, including sections dealing with ownership, confidentiality, liability and general legal terms.

13. Warranties and disclaimers

Formwerk is a workflow and information management tool. It does not provide legal, financial, accounting or professional advice, and it does not guarantee that you will win a submission, secure work, meet a deadline or achieve a particular business outcome.

To the extent permitted by law, the Service is provided on an "as available" basis. We do not make warranties beyond those expressly stated in these Terms. Nothing in this section excludes any guarantee, warranty or other right that cannot lawfully be excluded.

14. Liability

To the extent permitted by law, neither party will be liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity or loss of goodwill arising from these Terms or the Service, except to the extent such loss cannot lawfully be excluded.

To the extent permitted by law, Formwerk's total aggregate liability arising from the Service or these Terms will not exceed the greater of:

• the fees paid or payable by you to Formwerk in the 12 months before the event giving rise to the claim; or
• AUD $100.

The limitations in this section do not apply to liability that cannot lawfully be limited or excluded, or to fraud, wilful misconduct or a party's infringement of the other party's intellectual property rights.

15. Changes to these Terms

We may update these Terms to reflect changes to the Service, our business or applicable law. We will post the updated Terms with a revised "Last updated" date.

If a change materially affects an existing paid subscription, we will provide reasonable advance notice. The change will take effect from the date stated in the notice. If you do not agree, you may cancel before it takes effect. Changes required urgently for legal or security reasons may take effect sooner.

16. General terms

These Terms and the Privacy Policy form the entire agreement between you and Formwerk regarding the Service, unless the parties enter into a separate written agreement.

You may not assign these Terms without our written consent, which will not be unreasonably withheld. Formwerk may assign these Terms as part of a sale or restructure of the business, provided that the assignment does not materially reduce your rights.

If any provision is invalid or unenforceable, it will be read down or removed to the minimum extent necessary, and the remaining provisions will continue.

A failure to enforce a provision is not a waiver of that provision.

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.

17. Contact

Questions about the Service or these Terms can be sent to:

Email: studio@formwerk.io Operator: Formwork Studios