Kybos (Formerly Aerial Perspectives Australia) — Terms and Conditions of Service

Kybos (ABN 40 798 701 909), operated by Louis Pont (referred to as "Kybos", "we", "us" or "our").

These terms govern the supply of 3D capture and related services by Kybos to the client identified in the relevant quote or invoice (the "Client", "you" or "your"). Please read them carefully. By accepting a Kybos quote, instructing us to proceed, or accepting delivery of any service, you agree to these terms.

Last updated: 15th of June 2026

1. Definitions

Services means the 3D capture, processing, hosting and related services described in the applicable quote or invoice, which may include construction-stage capture, dilapidation and existing-conditions capture, Scan-to-BIM, drone photogrammetry and aerial mapping.
Record means a 3D capture, model, dataset, imagery or other deliverable produced by Kybos under these terms.
Quote means a written quote or proposal issued by Kybos describing the Services, scope, fees and any site or scheduling details.
Site means the location or locations at which the Services are to be performed.

2. Agreement and Acceptance

2.1 Each Quote, together with these terms, forms the agreement between Kybos and the Client for the Services described in that Quote.
2.2 You accept these terms when you do any of the following: accept a Quote (including by clicking "Accept" in an electronic quoting system), confirm in writing that we should proceed, provide access to a Site for the Services, or accept delivery of a Record.
2.3 Where the Client is a repeat client and no separate signed contract is in place, each accepted Quote constitutes a separate agreement on these terms.
2.4 These terms prevail over any terms put forward by the Client (including purchase order terms) unless Kybos agrees otherwise in writing.

3. Scope of Services

3.1 Kybos will perform the Services with due care and skill and in accordance with the scope set out in the Quote.
3.2 The scope is limited to the areas, stages and deliverables described in the Quote. Anything not expressly included is excluded. Additional areas, stages, revisits or deliverables may be quoted and charged separately.
3.3 Capture reflects the condition and layout of the Site as it existed at the time of capture only. It does not record changes occurring before or after that time.

4. Nature of the Records and Reliance

4.1 A Record is a visual and spatial documentation of conditions that were visible and accessible at the time of capture. It is a record, not an inspection.
4.2 The Services are not, and must not be relied on as, a structural assessment, building inspection, defect inspection, pest inspection, engineering assessment, certification, or compliance sign-off. Kybos does not certify, approve or warrant the condition, safety, compliance or fitness for purpose of any building, structure, work or material.
4.3 Kybos does not detect, identify, assess or report on defects, latent conditions, or anything concealed, obscured, or not visible at the time of capture. The absence of something from a Record does not mean it is absent from the Site.
4.4 The Client is responsible for obtaining any inspection, certification, survey or professional assessment it requires from an appropriately qualified and licensed professional. A Record may support those processes but does not replace them.

5. Accuracy and Measurements

5.1 Measurements, dimensions and areas derived from a Record are indicative only and are generated from 3D capture data. They are not survey-grade and are not produced by a licensed surveyor.
5.2 Records and any measurements must not be used for legal boundary determination, setback verification, title or cadastral purposes, or for any purpose requiring a registered survey.
5.3 Where precise or certified measurements are required, the Client must engage a licensed surveyor.

6. Site Access, Safety and Conditions

6.1 The Client must provide safe, lawful and timely access to the Site and to all areas within the agreed scope, and must hold or arrange all necessary permissions, approvals and authorisations for the Services to be performed.
6.2 Kybos captures only those areas that are safely and reasonably accessible at the time of attendance. Areas that are locked, obstructed, unsafe, occupied, or otherwise inaccessible are excluded, and Kybos is not liable for conditions in, or the omission of, those areas.
6.3 Kybos may decline to enter or capture any area where it reasonably considers there is a safety, legal or practical risk.
6.4 Where drone/aerial services are included, the Client acknowledges these are subject to weather, airspace, CASA regulations and site conditions, and may be delayed, modified or rescheduled accordingly.

7. Client Responsibilities

7.1 The Client must provide accurate scope information, site plans, access details and any site-specific requirements before attendance.
7.2 The Client must ensure the Site is ready for capture at the scheduled time. Where the Site is not ready, or access is not available, a revisit fee may apply.
7.3 The Client is responsible for notifying any occupants, owners or third parties as required, and for any consents needed for capture of their areas or property.

8. Fees, GST and Payment

8.1 Fees are as set out in the Quote. Unless stated otherwise, fees are exclusive of GST, and GST will be added at the applicable rate.
8.2 Hosting and maintenance fees, where applicable, are charged per Record per the period stated in the Quote.
8.3 Unless the Quote states otherwise, invoices are payable within 7 days of the invoice date.
8.4 Kybos may withhold delivery, access to, or continued hosting of a Record until payment is received in full.
8.5 Overdue amounts may incur interest calculated daily at a rate of 10% per annum, alongside any reasonable third-party debt recovery costs incurred by Kybos.
8.6 Where credit card payment is offered, a surcharge may be applied to recover the payment processing cost, as shown at the time of payment.

9. Hosting, Data and Availability

9.1 Where hosting is included, Kybos will host the relevant Record online for the period stated in the Quote (the "Hosting Period"), typically 12 months from delivery unless stated otherwise.
9.2 Continued hosting beyond the Hosting Period requires renewal and payment of the applicable hosting fee. Kybos may suspend or remove a Record from hosting if hosting fees are not renewed.
9.3 Kybos relies on third-party hosting and platform providers and does not guarantee uninterrupted or perpetual availability of any online Record. Kybos is not liable for outages, changes or discontinuation of third-party platforms.
9.4 The Client is responsible for retaining its own copy of any deliverable it wishes to keep beyond the Hosting Period where a downloadable format has been provided.

10. Intellectual Property and Licence

10.1 Kybos retains all intellectual property rights in the Records, including the capture data, models, processing and methods, except for any pre-existing materials owned by the Client.
10.2 On full payment, Kybos grants the Client a non-exclusive, non-transferable licence to use the relevant Record for the Client's own business and project purposes connected with the Site.
10.3 The Client must not on-sell, sublicense, or commercially redistribute a Record as a standalone product without Kybos' written consent.
10.4 Kybos may use de-identified Records and imagery for portfolio, marketing and case-study purposes unless the Client requests otherwise in writing before the Services are performed.

11. Confidentiality and Privacy

11.1 Each party will keep the other's confidential information confidential and use it only for the purposes of the Services.
11.2 Kybos handles personal information in accordance with applicable Australian privacy law. The Client must ensure it has any consents needed for Kybos to capture areas where personal information or identifiable individuals may be recorded.

12. Limitation of Liability

12.1 To the maximum extent permitted by law, and subject to clause 13, Kybos' total aggregate liability arising out of or in connection with the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees paid by the Client for the Services giving rise to the liability.
12.2 To the maximum extent permitted by law, Kybos is not liable for any indirect, consequential, special or economic loss, including loss of profit, loss of opportunity, loss of contract, delay costs, rework costs, or third-party claims.
12.3 Kybos is not liable for any loss to the extent it arises from inaccurate scope information, restricted or unsafe access, conditions not visible or accessible at the time of capture, the Client's reliance on a Record contrary to clauses 4 and 5, or the acts or omissions of the Client or third parties.

13. Australian Consumer Law

13.1 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.
13.2 Where Kybos' liability under a non-excludable guarantee can be limited, and the Services are not of a kind ordinarily acquired for personal, domestic or household use, Kybos' liability is limited, at Kybos' option, to resupplying the relevant Services or paying the cost of having them resupplied.

14. Cancellation, Rescheduling and Revisits

14.1 The Client may reschedule or cancel a booking by giving Kybos at least 24 hours' prior notice. Cancellation or rescheduling within 24 hours of the scheduled attendance may incur a cancellation or short-notice fee as determined by Kybos.
14.2 Where Kybos attends a Site and the Services cannot proceed or be completed due to access, readiness, weather or site conditions outside Kybos' control, a standard call-out or revisit fee will apply.

15. Indemnity

15.1 The Client indemnifies Kybos against claims, loss or damage arising from the Client's breach of these terms, the Client's failure to obtain necessary consents or approvals, or third-party claims arising from the Client's use of a Record.

16. Force Majeure

16.1 Kybos is not liable for any delay or failure to perform caused by events beyond its reasonable control, including weather, natural disaster, flood, fire, illness, equipment failure, airspace or regulatory restrictions, or third-party platform failure.

17. General

17.1 Governing law. These terms are governed by the laws of New South Wales, and the parties submit to the courts of that State.
17.2 Variation. Kybos may update these terms from time to time. The terms applying to a Quote are those published or provided at the time the Quote is accepted.
17.3 Severability. If any provision is found to be unenforceable, it is severed and the remaining provisions continue in effect.
17.4 Entire agreement. The Quote and these terms are the entire agreement for the relevant Services and supersede any prior discussions.
17.5 No waiver. A failure or delay by Kybos in exercising a right is not a waiver of that right.

18. Hardware Sales

19.1 Kybos sells Realsee and Xgrids hardware (including but not limited to the Galois P4, Galois M2, Lixel L2 Pro, PortalCam, K1 and K2) as an authorised reseller. These sales are separate from the Services described elsewhere in these terms.
19.2 Orders are fulfilled and shipped by the relevant manufacturer or distributor on Kybos' behalf. Kybos is not the manufacturer of any hardware sold and does not hold stock.
19.3 Dispatch times, delivery times and shipping methods are set by the fulfilling party and may vary. Kybos will pass on tracking and dispatch information where available but is not liable for delays, loss or damage occurring in transit.
19.4 Kybos does not accept returns or exchanges for change of mind, incorrect selection, or non-defective goods.
19.5 Where a product is defective on arrival or develops a fault, the Client's remedy is under the manufacturer's warranty. Kybos will assist in coordinating a warranty claim with the manufacturer or distributor but is not itself the warrantor.
19.6 To start a warranty claim, contact Kybos at info@kybos.au with the order details and a description of the fault. Kybos will confirm the manufacturer's process and next steps.
19.7 Nothing in this clause limits any consumer guarantee that cannot lawfully be excluded under the Australian Consumer Law.

19. Contact

Kybos ABN 40 798 701 909
Email: info@kybos.au
Web: www.kybos.au