Inerture - Terms of Service (closed alpha)

Closed alpha. These Terms are in force for the closed alpha. They have not been legally reviewed.

Last updated: 2026-10-30 Version: 0.3

1. About these terms

1.1 These Terms of Service (Terms) govern access to and use of the Inerture hosted service, including the website at inerture.com, the App Portal and hosted Products at inerture.app, and any Products listed in the EULA Schedule 1 (together, the Service), supplied by Inerture, a partnership (ABN 35 110 646 360) (we, our, us).

1.2 These Terms form a contract between you and Inerture. By accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.

1.3 These Terms operate alongside:

• the End User Licence Agreement (EULA) - the licence terms for use of the Products;
• the Privacy Policy - how personal information is handled;
• the Acceptable Use Policy (AUP) - what you can and cannot do on the Service;
• the Cookie Policy - how identifiers are used in the browser; and
• during any Alpha Period, the Alpha Participation Agreement.

If there is a conflict between these Terms and another Inerture document, priority is: (1) the Alpha Participation Agreement during any Alpha Period, (2) the EULA, (3) these Terms, (4) the Privacy Policy, (5) the AUP, (6) the Cookie Policy.

2. Eligibility and account

2.1 You must be at least 18 years old and have legal capacity to enter into a contract. You must not use the Service if you are prohibited by Applicable Law.

2.2 To use the non-public parts of the Service you must create an account. You must provide accurate registration information and keep it up to date. You are responsible for the security of your credentials and for all activity carried out under your account.

2.3 Accounts are personal. You must not share, sell, or transfer your account credentials. Multiple users must each have their own account. You can be signed in on up to two devices or browsers at a time. Signing in on another signs out the one you used least recently.

2.4 You must notify Inerture promptly if you become aware of any unauthorised access to your account or any other security breach affecting it. Contact: contact@inerture.com.

2.5 Inerture may refuse to create, may suspend, or may terminate any account where the User is in breach of these Terms or any associated document, or where Inerture reasonably considers continued access to create a security, legal, or reputational risk.

3. Your responsibilities

3.1 You must:

• use the Service lawfully and in accordance with these Terms, the EULA, and the AUP;
• only upload or submit content that you have the right to upload or submit;
• comply with the professional-judgement and independent-verification obligations in clause 11 of the EULA, both during and after any Alpha Period; and
• maintain the engineering registrations, professional indemnity insurance, and other credentials required for your own practice.

3.2 You acknowledge that Inerture does not provide engineering services and does not certify the accuracy, completeness, or fitness for purpose of any output of the Service.

4. The Service

4.1 The Service is provided by Inerture on a subscription or Alpha-Period basis. During any Alpha Period, access is free of charge, subject to the Alpha Participation Agreement.

4.2 Inerture may modify, add, remove, or discontinue features of the Service at any time. For material adverse changes to Products that are in general availability, Inerture will give 30 days' notice. For Alpha-Period Products there is no commitment of continuity.

4.3 Inerture makes reasonable efforts to keep the Service available but does not commit to any specific uptime or performance level during the Alpha Period. Any service-level undertaking will be given separately and expressly.

4.4 The Service relies on third-party infrastructure, including telecommunications and external AI providers. Outages or errors outside Inerture's reasonable control are not a breach of these Terms.

4.5 AI assistant features. The assistant is an experimental tool for exploration and ideation, not professional advice. Its outputs and actions are unverified, may be wrong, and must be independently checked by a qualified structural engineer. During the Alpha Period they must not be used on real projects or for any purpose prohibited by the Alpha Participation Agreement. Privacy Policy section 10 describes the prompts, conversation, model/file excerpts and tool-returned project member details processed by the assistant and its providers.

5. Fees and billing

5.1 Fees (if any) are displayed on the Service or agreed in writing. Pricing, billing terms, payment methods, refund terms, and tax treatment (including GST) are set out in the relevant subscription or order.

5.2 During an Alpha Period no fees are payable by the User. Inerture reserves the right to introduce fees for any Product at or after the end of its Alpha Period by giving at least 30 days' notice.

5.3 No payment processor is used during the closed alpha. If payments are introduced, the applicable payment arrangements and Privacy Policy will identify how payment information is handled.

6. User Content and intellectual property

6.1 User Content is owned by the User. The User retains all rights in User Content and grants Inerture the limited licence described in clause 7.3 of the EULA.

6.2 The User is responsible for backing up User Content. Inerture makes reasonable backups but does not guarantee the availability or recoverability of any particular item of User Content.

6.3 The Service, Products, and all Inerture-branded content are owned by Inerture and its licensors. The User must not reproduce, publish, or distribute any of that content without Inerture's prior written consent, except to the extent expressly permitted by the EULA.

6.4 To the extent the User submits Feedback to Inerture, clause 12 of the EULA applies (assignment to Inerture).

6.5 Inerture's rights to use User Content - including to operate, improve, and develop the Service and to train or evaluate AI or machine-learning models used in the Service - are set out in clause 7.5 of the EULA. The User and Inerture may agree in writing (for example in an enterprise agreement or data-processing agreement) to narrow or otherwise vary those rights.

7. Prohibited conduct

7.1 The conduct prohibited on the Service is described in the Acceptable Use Policy, which forms part of these Terms. A breach of the AUP is a breach of these Terms.

7.2 Inerture may investigate suspected breaches of the AUP or these Terms. You must reasonably cooperate with an investigation.

7.3 Inerture may suspend or terminate access to the Service, remove User Content, disable specific features, or report to law enforcement where Inerture reasonably considers a breach has occurred.

8. Disclaimers and liability

8.1 The Service is provided "AS IS" and "AS AVAILABLE". The warranty disclaimers in clause 13 of the EULA apply to the Service.

8.2 The liability limitations in clause 14 of the EULA apply to liability under these Terms. In summary:

• no liability for indirect, consequential, or special damages;
• aggregate liability capped at the greater of fees paid in the prior 12 months and AUD 100;
• carve-outs for death, personal injury caused by wilful misconduct or gross negligence, and fraud; and
• ACL consumer guarantees preserved.

8.3 Each party acknowledges that clauses 8.1 and 8.2 are a material allocation of risk and a condition of Inerture making the Service available.

9. Indemnity

9.1 The User indemnifies Inerture as set out in clause 15 of the EULA. That clause applies equally under these Terms.

10. Suspension and termination

10.1 Inerture may suspend or terminate access to the Service, or any part of it, at any time:

• for breach of these Terms, the EULA, the AUP, or the Alpha Participation Agreement;
• where Inerture reasonably considers continued access poses a security or legal risk;
• where required by Applicable Law; or
• during an Alpha Period, at Inerture's sole discretion.

10.2 Outside an Alpha Period, Inerture will give reasonable notice of termination for convenience (not less than 30 days) where practicable.

10.3 The User may terminate by closing their account. Where fees have been paid for a period beyond termination, refund treatment is set out in the applicable subscription or order.

10.4 On termination:

• access to the Service ends;
• Inerture provides the User with a reasonable export window for User Content (at least 90 days outside an Alpha Period; shorter during an Alpha Period);
• Inerture may delete remaining User Content after the export window; and
• provisions that by their nature survive (including clauses 6, 8, 9, 11, and 12) survive.

11. Changes to these Terms

11.1 Inerture may update these Terms from time to time. Material updates take effect 30 days after notice to the User. Non-material updates take effect on publication.

11.2 If the User does not accept a material update, the User's sole remedy is to close their account before the update takes effect. Continued use after the effective date constitutes acceptance.

12. Governing law and jurisdiction

12.1 These Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia.

12.2 Each party submits to the non-exclusive jurisdiction of the courts of Victoria.

12.3 The parties must try in good faith to resolve any dispute by negotiation before commencing proceedings, except where urgent relief is required.

13. General

13.1 These Terms, together with the EULA, the Privacy Policy, the AUP, the Cookie Policy, and (during any Alpha Period) the Alpha Participation Agreement, are the entire agreement between the parties in relation to the Service.

13.2 Inerture may assign these Terms to a successor in connection with a restructure, merger, acquisition, or sale of substantially all of its business. The User must not assign these Terms without Inerture's prior written consent.

13.3 No provision of these Terms may be waived except in writing signed by Inerture.

13.4 If any provision is unenforceable, it is modified to the minimum extent necessary to make it enforceable and the remainder of these Terms continues in full force.

13.5 Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

14. Contact

Inerture, a partnership (ABN 35 110 646 360) General, legal, privacy and security enquiries: contact@inerture.com