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End User Licence Agreement

Version: 2026-02-25 | Windrush Solutions PTY LTD

End User Licence Agreement (EULA)

Windrush Solutions PTY LTD (trading as BOS Windrush) | ABN 82 665 004 400 Effective Date: 25 February 2026 | Version: 2026-02-25

1. Introduction

This End User Licence Agreement ("EULA") is a legal agreement between you ("Licensee", "you") and Windrush Solutions PTY LTD (trading as BOS Windrush) ("Licensor", "we", "us") for the use of the Windrush BOS platform (the "Software").

By creating an Account or accessing the Software, you agree to be bound by the terms of this EULA. If you do not agree, you must not access or use the Software.

2. Licence Grant

  1. Subject to your compliance with this EULA and payment of applicable Subscription fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Software via the internet for your internal business purposes during the term of your Subscription.
  2. This licence is granted on a Software-as-a-Service (SaaS) basis. No software is installed on your devices other than standard web browser components, service workers for offline functionality, and optional progressive web app (PWA) components.
  3. The licence is limited to the number of user seats included in your Subscription plan.

3. Licence Restrictions

You must not, and must not permit any third party to:

  1. Copy or Distribute — copy, reproduce, distribute, sublicence, lease, loan, or otherwise make the Software available to any third party, except as expressly permitted by your Subscription.
  2. Reverse Engineer — reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or structure of the Software.
  3. Modify — modify, adapt, translate, or create derivative works based on the Software.
  4. Resell or Compete — resell, sublicence, or commercially exploit the Software, or use data obtained from the Software to build a competing product or service.
  5. Scrape or Extract — use automated tools, scripts, bots, or crawlers to scrape, extract, or harvest data from the Software beyond the data export features provided.
  6. Remove Notices — remove, alter, or obscure any copyright, trademark, or proprietary notices contained in or on the Software.
  7. Circumvent Security — bypass, disable, or interfere with any security features, access controls, or usage limits of the Software.
  8. Misrepresent — represent that you are the owner or creator of the Software, or use our trademarks without written permission.

4. Ownership and Intellectual Property

  1. Software Ownership. The Software, including all source code, object code, algorithms, designs, documentation, trademarks, and all related intellectual property rights, is and remains the exclusive property of Windrush Solutions PTY LTD. This EULA does not transfer any ownership rights to you.
  2. Your Data. You retain full ownership of all data, documents, and content you upload or create within the Software ("Your Data"). We claim no ownership over Your Data.
  3. Licence to Host. By using the Software, you grant us a limited licence to host, store, process, and display Your Data solely for the purpose of providing the Services to you.
  4. Aggregated Data. We may collect and use anonymised, aggregated data derived from usage of the Software for analytical, benchmarking, and improvement purposes. Such data will not identify you or any individual.

5. Warranty Disclaimer

  1. The Software is provided "AS IS" and "AS AVAILABLE" without warranty of any kind.
  2. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.
  3. We do not warrant that:
    • The Software will meet your specific requirements;
    • The Software will be uninterrupted, timely, secure, or error-free;
    • The results obtained from the Software (including AI-generated estimates) will be accurate or reliable; or
    • Any defects in the Software will be corrected.
  4. AI Estimation Disclaimer. The AI-powered estimation features of the Software are provided as decision-support tools only. Estimates, pricing recommendations, and takeoff calculations are approximations and should always be verified by a qualified professional before being relied upon. We are not liable for any loss arising from reliance on AI-generated outputs.
  5. Nothing in this EULA excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.

6. Limitation of Liability

  1. Liability Cap. To the maximum extent permitted by law, our total aggregate liability to you for all claims arising under or in connection with this EULA shall not exceed the total Subscription fees actually paid by you to us in the 12 months immediately preceding the event giving rise to the claim.
  2. Exclusion of Consequential Damages. To the maximum extent permitted by law, we shall not be liable for any:
    • Loss of profits, revenue, or anticipated savings;
    • Loss of data (beyond our obligation to maintain backups);
    • Loss of business opportunity or goodwill;
    • Indirect, incidental, special, consequential, or punitive damages; regardless of the cause of action or whether we were advised of the possibility of such damages.
  3. Essential Purpose. The limitations in this section apply even if any limited remedy fails of its essential purpose.

7. Term and Termination

  1. Term. This EULA is effective from the date you first access the Software and continues until terminated.
  2. Termination by You. You may terminate this EULA at any time by cancelling your Subscription through your Account settings and ceasing to use the Software.
  3. Termination by Us. We may terminate this EULA immediately upon written notice if:
    • You breach any term of this EULA and fail to remedy the breach within 14 days of notice;
    • You breach the Acceptable Use Policy;
    • Your Subscription is terminated for non-payment; or
    • We cease to offer the Software.
  4. Effect of Termination. Upon termination:
    • Your licence to use the Software immediately ceases;
    • You must cease all use of the Software;
    • You will have a 30-day data export window to retrieve Your Data using the Platform's export features or by contacting support;
    • After the 30-day window, we may permanently delete Your Data in accordance with our Privacy Policy and data retention obligations.

8. Updates and Modifications

  1. We may update, modify, or enhance the Software at any time without prior notice.
  2. We are not obligated to provide any specific updates, features, or bug fixes.
  3. Material changes to the Software's functionality will be communicated through the Platform or via email.

9. Third-Party Components

The Software may incorporate third-party open-source libraries and components. Such components are licensed under their respective open-source licences, which are available upon request.

10. Export Compliance

You agree to comply with all applicable export control laws and regulations. You must not use the Software in any country or in any manner prohibited by applicable export control laws.

11. Governing Law and Jurisdiction

  1. This EULA is governed by and construed in accordance with the laws of the State of New South Wales, Australia.
  2. Any disputes arising under this EULA shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, and the Federal Court of Australia.

12. Severability

If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Entire Agreement

This EULA, together with the Terms of Service, Privacy Policy, and Acceptable Use Policy, constitutes the entire agreement between you and Windrush BOS with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, or understandings.

14. Contact

Windrush Solutions PTY LTD (trading as BOS Windrush) ABN: 82 665 004 400 Address: 7/121 Old Pittwater Road, Brookvale, NSW 2100 Email: info@windrush.net.au Phone: 0431 151 159

This EULA was last updated on 25 February 2026.