Terms of Service
These terms are the agreement between you and SiteSpoken. By creating an account or using the service you accept them. If you do not accept them, do not use SiteSpoken.
Early access1. Who these terms are with
SiteSpoken is a software service operated by Eoin Tolster, an Australian sole trader (ABN 94 642 593 869). In these terms "we" and "us" mean that operator. "You" means the person or organisation using the service. If you use SiteSpoken on behalf of an organisation, you confirm you are authorised to accept these terms for it.
Contact: eoin.tolster.redpearl@gmail.com.
2. The service, and its early-access status
SiteSpoken helps you capture site evidence using photos and voice notes, organise those observations into structured findings, and generate reports. Processing is AI-assisted and the output is intended for human review.
SiteSpoken is early-access software. Features may change, be added or be removed, behaviour may be unstable, and functionality described on the site may not be complete. You should keep your own copies of anything you need, and you should not depend on SiteSpoken as your only record.
3. Accounts
- You must be at least 16 years old to use SiteSpoken.
- You sign in with a Google or Apple account. Keeping that account secure is your responsibility.
- You are responsible for everything done under your account.
- Provide accurate information and keep it current.
- Tell us promptly if you believe your account has been compromised.
4. Plans, billing and cancellation
Prices are in Australian dollars and may change with notice.
| Plan | Price | Scans | Delegates |
|---|---|---|---|
| Free | A$0 | 3 in total | 2 |
| Basic | A$5 / month | 20 per month | 2 |
| Pro | A$15 / month | 80 per month | 5 |
The Free plan also limits each scan to 4 items, 8 photos, 30-second voice notes and a 60-second introduction note, with a maximum scan duration of 10 minutes. The pricing page shows current plan details and takes precedence over this summary if the two differ.
Payment
- Paid subscriptions are billed in advance each month and renew automatically until cancelled.
- Payments made on the web are processed by Stripe. Purchases made in the iOS app are processed by Apple and are also governed by Apple's terms.
- Unused scans do not carry over between periods.
Cancelling
- Subscriptions bought on the web: cancel through the Stripe billing portal, reachable from your account page. Cancelling takes effect at the end of the period you have already paid for; your plan stays active until then and then reverts to Free.
- Subscriptions bought in the iOS app: these are managed by Apple. You must cancel through your Apple subscription settings, and we cannot cancel them for you. Refund requests for those purchases must go to Apple.
Refunds
We do not generally refund partial periods. This does not affect any remedy you are entitled to under the Australian Consumer Law or other law that cannot be excluded, including where a service is not supplied with due care and skill or is not fit for a purpose you made known.
5. Acceptable use
You agree not to:
- use SiteSpoken for anything unlawful, or to infringe anyone's rights;
- upload material you do not have permission to capture, store or process, including photographs of people who have not consented where consent is required;
- attempt to breach, probe or circumvent the security of the service, or access accounts or data that are not yours;
- interfere with the service, overload it, or use automated means to scrape or bulk-download from it;
- resell or redistribute the service, or share account credentials with people outside your organisation;
- reverse engineer the service except to the extent the law permits.
You are responsible for making sure your use of SiteSpoken on a given site is permitted, including any restrictions on photography, recording, or the handling of personal information. Note that when location access is granted, GPS coordinates are written into the metadata of your photos and travel with those files.
6. Your content
You keep ownership of the photos, audio, notes and reports you create. You grant us a limited licence to host, store, transmit and process that content for the purpose of operating the service and providing it to you, including sending it to the third-party providers described in our Privacy Policy. That licence ends when the content is deleted.
You confirm you have the rights necessary to upload your content and to let us process it in this way.
7. AI-generated output
SiteSpoken's output is a draft, not a professional judgement. Findings, transcriptions and reports are generated with AI assistance and may be incomplete, inaccurate or misleading. You must review and verify all content before relying on it, and you remain solely responsible for any decision you make or any document you sign, issue or submit.
SiteSpoken does not provide engineering, safety, legal, regulatory or other professional advice, and using it does not by itself satisfy any inspection, certification or compliance obligation you may have. Similar inputs may produce different outputs.
8. Availability, retention and your own records
We aim to keep SiteSpoken available but do not guarantee uninterrupted service. We may modify, suspend or discontinue features, and we will give reasonable notice of significant changes where we can.
Each plan displays an "available until" date for completed jobs. That date is currently an indication of the intended retention period rather than an automatic deletion schedule. SiteSpoken does not yet delete reports or source media automatically when it passes. We intend to introduce automatic deletion on those schedules, and we will update our Privacy Policy and give notice through the service before we do.
Either way, SiteSpoken is not a system of record or a backup service. Download and keep your own copies of anything you need. You can delete a job yourself at any time.
9. Suspension and termination
You may stop using SiteSpoken at any time and can ask us to close your account by emailing eoin.tolster.redpearl@gmail.com.
We may suspend or terminate your access if you materially breach these terms, if your use puts the service or other users at risk, or if we are required to by law. Where it is reasonable to do so, we will warn you first and give you an opportunity to put things right. On termination your right to use the service ends and your content is deleted.
10. Consumer guarantees
If you are a consumer under the Australian Consumer Law, our services come with guarantees that cannot be excluded. For a major failure you are entitled to cancel your service contract with us 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 of the contract.
11. Disclaimers and limitation of liability
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law, where doing so would be unlawful. Where a guarantee applies and can lawfully be limited, our liability is limited to resupplying the service or paying the cost of having it resupplied.
Subject to that, and to the maximum extent permitted by law:
- SiteSpoken is provided "as is" and "as available", and we exclude implied warranties including merchantability, fitness for a particular purpose and non-infringement;
- we are not liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or data;
- we are not liable for any loss arising from your reliance on AI-generated output that you have not independently verified.
Nothing in these terms limits liability for fraud, or for death or personal injury caused by negligence.
12. Indemnity
You agree to indemnify us against claims, losses and reasonable costs arising from your content, your use of the service in breach of these terms, or your breach of any law or third-party right. This does not apply to the extent the claim arises from our own breach or negligence.
13. Changes to these terms
We may update these terms as the service develops. The date at the top shows when they last changed. If a change is material we will give reasonable notice through the service. Continuing to use SiteSpoken after a change takes effect means you accept the updated terms.
14. Governing law
These terms are governed by the laws in force in Victoria, Australia and applicable Commonwealth laws, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria. Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded.
15. General
- If any provision is found unenforceable, the rest remains in force.
- Our not enforcing a provision is not a waiver of it.
- You may not assign these terms without our consent; we may assign them as part of a transfer of our business.
- These terms, together with the Privacy Policy, are the entire agreement between us about the service.
16. Contact
Questions about these terms: eoin.tolster.redpearl@gmail.com.