Legal Terms and conditions of service.

Effective date: 17 October 2026

Supplier: Louis Pont trading as Kybos (ABN 40 798 701 909) ("Kybos", "we", "us")

Contact: info@kybos.au | +61 451 052 500

1. What these terms cover

1.1 These terms apply to use of the Kybos websites, Kybos 3D capture and related professional services, Kybos Site Atlas projects, hosted Records, offline deliverables, and hardware or digital products sold by Kybos. A person who browses a website or opens a shared Record must comply with the website and viewer-use rules in clauses 8 and 12. A customer ordering goods or services ("Customer", "you") is bound by these terms when the Customer accepts a quote or order, asks Kybos to proceed after receiving these terms, or purchases through our shop.

1.2 An Order is a Kybos quote, proposal, statement of work, online order, or other written confirmation setting out the purchased scope, deliverables, fees and any project-specific terms. Services are the capture, processing, modelling, hosting, Site Atlas setup or other work described in an Order. A Record is imagery, a 3D capture, point cloud, model, drawing, report, Site Atlas project or other deliverable created under an Order. Customer Materials are plans, data, images, spreadsheets, text and other materials supplied or made available by the Customer or on its behalf.

1.3 An accepted Order and these terms form the agreement for that Order unless the parties have signed a master services agreement (MSA) covering it. In that case, the MSA and its Order Form govern the commercial relationship; these terms continue to apply only to general website and Record viewing, or to a matter the MSA expressly incorporates. An applicable Data Processing Agreement (DPA) governs processing of personal information covered by it and prevails on that subject. For an Order under these terms, the Order controls its scope, specifications, fees, term and expressly agreed variations. Our Refund Policy forms part of these terms for cancellation, returns and refunds. Nothing in this order of precedence limits rights that cannot lawfully be limited.

1.4 A Customer acting for an organisation confirms that it has authority to place the Order. A purchase order or other Customer document does not vary this agreement merely because Kybos receives it; changes require Kybos's written acceptance.

2. Scope, timing and changes

2.1 Kybos will perform the Services with due care and skill and supply the deliverables expressly listed in the Order. Capture areas, construction stages, file formats, model detail, measurement tolerances, hosting, support and any offline copy are included only if specified in the Order or otherwise expressly agreed in writing. Work outside that scope requires a written change, including its fee and timing.

2.2 The Customer will give timely, safe and lawful site access, accurate plans and instructions, relevant safety information, and a contact able to make site decisions. The Customer will arrange any owner, occupier, neighbour, worker or other permissions and notices required for capture, drone operations, and use of Customer Materials. Kybos may decline access to an unsafe or unlawful area and will tell the Customer what could not be captured. The parties will agree a practical change or revisit where possible.

2.3 Attendance and delivery dates are estimates unless an Order expressly makes a date binding. Site readiness, weather, airspace or CASA restrictions, safety, access, processing complexity and third-party platform outages can affect timing. Kybos will notify the Customer of a material delay and work with the Customer on a reasonable alternative. A missed estimate does not remove any remedy the Customer has under applicable law.

2.4 Drone operations. Kybos flies remotely piloted aircraft in accordance with the Civil Aviation Safety Regulations and Civil Aviation Safety Authority (CASA) rules that apply to the flight. Kybos's remote pilot holds a CASA Remote Pilot Licence (RePL). Where a flight must be conducted under a Remote Operator's Certificate (ReOC), it is conducted under the ReOC of an authorised operator engaged by Kybos. The pilot decides whether a flight can proceed safely and lawfully and may postpone, shorten or decline it because of weather, airspace, nearby people or property, or other safety reasons, without that being a breach. Kybos captures neighbouring properties only from positions it is lawfully permitted to use and does not enter neighbouring land without permission.

2.5 If a visit cannot proceed because the Customer has not provided agreed access or a ready site, Kybos may charge the reasonable, documented costs of an unproductive visit or revisit, or a pre-disclosed fee in the Order, after taking reasonable steps to reduce the loss. The Refund Policy explains cancellations and rescheduling.

3. What a capture does and does not establish

3.1 A Record documents conditions visible and accessible at the time and from the positions of capture. It is not a continuous record of a site. Obstructions, concealed services, inaccessible areas, weather, lighting, movement, capture method and source-data quality may affect completeness or precision. Kybos will meet any tolerance expressly agreed in the Order, subject to its stated method and conditions. Website examples and typical accuracy figures are not a project-specific certification.

3.2 Unless the Order expressly includes a separate qualified professional's assessment, the Services are not a registered or cadastral survey, boundary or set-out certification, structural or engineering assessment, building or pest inspection, defect diagnosis, compliance sign-off or safety approval. Measurements and boundaries displayed in Site Atlas are for spatial context and are not a substitute for a registered surveyor or other qualified professional. An absence from a Record does not prove an item or condition was absent on site.

3.3 The Customer must obtain any survey, inspection, engineering, legal or regulatory advice it needs for its intended use. Kybos remains responsible for the quality of its agreed Services and for obligations that cannot lawfully be excluded; this clause explains the agreed purpose and limits of the Records.

4. Site Atlas and hosted Records

4.1 Site Atlas is a browser-based interactive 3D project presentation. Depending on the Order, it may display lots, apartments or assets, stage and sales information, plans, reports, images, 3D tours, measurements and captures from different dates. The Customer supplies the project information and media it wants included, subject to clause 6. Kybos will build the features and ingest the materials agreed in the Order. Site Atlas does not verify the legal status, accuracy or currentness of Customer-supplied listings, plans, sales status, construction progress or defects.

4.2 A Site Atlas project may be set to Off, Password or Open, as available for that project. The Customer's authorised project contact decides which setting to use and who receives the link or shared project password. In Password mode, a password may be shared among recipients; Kybos cannot identify or control each viewer who receives a shared password. In Open mode, anyone with the link may be able to access the project and onward sharing is possible. The Customer should use Off or Password for confidential or sensitive material and tell Kybos promptly if a link or password should be changed or access disabled.

4.3 The Customer is responsible for the lawfulness and accuracy of material it chooses to publish or share through Site Atlas, including notices and consent for identifiable people, private premises, personal information and third-party intellectual property. Kybos will act on the Customer's reasonable written instructions about publication and access, subject to applicable law and the DPA. The Customer should not upload security-sensitive plans, special-category or other highly sensitive personal information unless the parties have agreed appropriate controls in writing.

4.4 If an Order includes visitor enquiries or report requests, Site Atlas may collect a visitor's submitted contact details and message and forward them to the email address designated for the project. The Customer is responsible for how it responds to and uses those enquiries. Kybos's handling of personal information is described in its Privacy Policy and, where applicable, the DPA.

4.5 The Order sets the hosting term, fee, support and any renewal arrangement. If it does not specify a hosting period for a hosted Record, the initial period is 12 months from delivery. Hosting does not renew automatically unless the Order expressly says so. Kybos will give the Customer 30 days' notice before expiry of a paid hosting period where it has a current contact address. If hosting is not renewed, Kybos may disable the hosted link after expiry, subject to clause 4.7 and applicable law. Ending hosting does not end any perpetual rights in a delivered offline Construction Dossier under clause 7.4.

4.6 Hosted Records may be on Kybos's own systems (Site Atlas) or on third-party 3D platforms. Kybos may suspend or end access to a hosted Record only for a reason: unpaid fees, misuse, a security or legal issue, or a third-party platform changing or ending its service. Kybos will give 14 days' notice, or act immediately where a security or legal issue requires it. If access ends because of the Customer (unpaid fees or misuse) or because the Customer stops early for convenience, fees are not refunded. If Kybos ends access for any other reason, or a third-party platform ends its service, Kybos will move the Record to another platform or to Site Atlas where practicable; if it cannot, it will refund the unused part of any prepaid hosting fee. Nothing in this clause limits clause 11.1.

4.7 Copies or exports of Records (files the Customer can keep) are available only where the Order includes the offline add-on. The add-on must be chosen when the Order is accepted, because it determines the capture and processing technology Kybos uses. Without it, Records are supplied as hosted access only, and the Customer cannot later request files. Kybos deletes project files 90 days after the hosting period ends, or 90 days after delivery where nothing is hosted. Customer Materials remain the Customer's property; Kybos does not undertake to return copies of material the Customer already holds. Kybos will handle return, retention and deletion of personal information in accordance with the Privacy Policy and any applicable DPA.

5. Fees and payment

5.1 Fees, any deposit, milestones, hosting charges, travel and third-party costs are as stated in the Order. Quote prices are exclusive of GST unless stated otherwise; online shop prices show GST as displayed at checkout. Kybos will disclose any permitted card surcharge before payment and will not charge more than the permitted processing cost.

5.2 Unless the Order states otherwise, invoices for Services are payable within seven days of issue. Hardware purchases are payable as shown at checkout or in the Order. A good-faith dispute about an invoice must be raised promptly with reasons; the undisputed portion remains payable. The parties will work to resolve the disputed portion reasonably.

5.3 For an undisputed amount more than 14 days overdue, Kybos may charge simple interest at 10% per year (or the lower maximum permitted by law) from the due date and reasonable, documented external recovery costs. Kybos may suspend undelivered work or hosted access only after giving at least seven days' written notice and a chance to cure, unless immediate action is reasonably needed for security or legal reasons. Kybos will not remove a hosted Record solely for a genuinely disputed amount while the dispute is being addressed in good faith.

6. Customer Materials, privacy and confidentiality

6.1 The Customer retains ownership of Customer Materials and grants Kybos and its approved service providers the limited rights needed to perform the Order, host or deliver Records, maintain security, and comply with law. The Customer confirms that it has the rights, permissions and lawful basis needed to provide and instruct Kybos to use those materials. Kybos may rely on Customer-supplied facts, but will notify the Customer if a material inconsistency is apparent during the agreed work.

6.2 Each party will use the other's non-public business or project information only for the agreement, protect it with reasonable care, and disclose it only to personnel and service providers who need it and are subject to appropriate duties, or where law requires. Information already public through no breach, independently developed, or lawfully received without restriction is not confidential. A party required to disclose confidential information by law will give reasonable advance notice if permitted.

6.3 Marketing use. Kybos may use project imagery and the project's name in its portfolio, website, social media and case studies, unless the Customer opts out in the Order or later by written notice (an opt-out applies to future use). Kybos will use the Customer's name, logo or branding only with the Customer's permission. Kybos will not publish personal information that identifies an individual (such as a face, a name or a vehicle registration) without the permission the law requires.

6.4 Personal information is handled under Kybos's Privacy Policy and any applicable DPA. Where the Customer determines the purposes of processing personal information in a project, the Customer remains responsible for its notices and lawful instructions; Kybos remains responsible for the obligations allocated to it by law and the DPA. Neither party is excused from its own legal duties by this allocation.

7. Intellectual property and permitted use

7.1 Kybos and its licensors retain ownership of their pre-existing methods, templates, software, site design, processing workflows, know-how and other background intellectual property. Third-party materials remain the property of their respective owners. Customer Materials remain the Customer's property.

7.2 Ownership and use. Records hosted on a third-party 3D platform are owned by that platform's provider under its own terms. Site Atlas projects and other Records created by Kybos are owned by Kybos. Paying for the Services does not transfer ownership, except for an offline copy under clause 7.4, which the Customer owns. Kybos grants the Customer a licence, for the hosting period, to use and share hosted Records for the relevant property or project and its internal business purposes, including with owners, purchasers, tenants, project teams, advisers, insurers and regulators who reasonably need them. The Customer may not sell a Record or represent it as a certified survey or inspection.

7.3 Hosted access lasts only for the paid hosting period and does not include raw source data, a point cloud, an editable model or any file the Customer can keep. Files are supplied only with the offline add-on (clauses 4.7 and 7.4).

7.4 Offline copy. Where the Order includes the offline add-on (for example a Construction Dossier offline copy), the Customer owns the delivered copy and may copy it, back it up, use it indefinitely, and give or transfer it with the property, including to later owners, without an ongoing Kybos hosting fee, account or licence payment. Kybos retains its background intellectual property under clause 7.1 and grants the Customer and successive owners a perpetual, transferable, royalty-free licence to use any embedded Kybos intellectual property as needed to open, view, copy and use that offline copy. The Customer is responsible for keeping backups and compatible equipment. Any separate hosted link remains subject to its hosting term.

8. Website and Record viewer rules

8.1 Visitors may use Kybos websites and shared Records for lawful purposes and within the permission given by the project owner. They must not interfere with service security, probe for vulnerabilities without authorisation, introduce malware, obtain access beyond their permission, harvest personal information, or copy or commercially exploit content beyond the licence in clause 7 or the owner's permission. This does not restrict acts that cannot lawfully be restricted, including permitted security research or statutory rights.

8.2 A viewer must not rely on a Record as a certified survey, safety clearance or professional assessment. A viewer making a purchasing, construction or safety decision should obtain the relevant current professional advice and source documents.

8.3 Kybos may temporarily restrict access where reasonably necessary to address a credible security threat, unlawful content, a legal requirement or a material breach. Where lawful and practical, Kybos will notify the Customer, limit the restriction to what is needed, and restore access when the reason is resolved.

9. Hardware and digital products

9.1 Kybos sells Realsee and Xgrids hardware as a reseller. Product specifications, included accessories, manufacturer warranties, software licences, freight and lead times are those stated in the product page and accepted Order. Fulfilment may be performed by a distributor or manufacturer on Kybos's behalf. Kybos remains the seller responsible for its obligations to the buyer, including applicable consumer guarantees. A manufacturer warranty is additional to, and does not replace, those guarantees.

9.2 Title to goods passes on full payment. Risk of loss or damage passes on delivery to the Customer or its authorised recipient, except where law provides otherwise. Kybos will reasonably assist with transit issues and remain responsible for remedies required by law. Delivery dates are estimates unless expressly guaranteed in the Order.

9.3 Software licences, cloud subscriptions and processing credits supplied with hardware may have disclosed third-party terms. Kybos will identify material conditions before purchase where it knows them. Nothing in those terms removes statutory rights against Kybos as seller. Returns and refunds are covered by the Refund Policy.

10. Cancellations, problems and remedies

10.1 The Refund Policy explains cancellation before or during Services, Site Atlas hosting, goods returns and statutory remedies. Any prepayment for Services not provided will be accounted for under that policy and applicable law. Neither party may keep a payment as a penalty unrelated to actual loss or agreed, reasonable costs.

10.2 Tell Kybos promptly about a problem with a deliverable or service so the parties can investigate and, where appropriate, correct or reperform it. An informal review period does not cut off rights under the Australian Consumer Law or another applicable law. Kybos may request reasonable information needed to assess a claim.

10.3 The Customer may terminate an Order for a material breach that the other party does not remedy within 20 business days after written notice describing the breach, or immediately if the breach cannot reasonably be remedied. Kybos may do the same. Either party may exercise any faster or additional right given by law or the Order. At termination, accrued fees for conforming work completed and reasonable unavoidable commitments are payable, and unused prepayments are refunded as required by the Refund Policy and law. Clauses intended to survive, including confidentiality, accrued payment obligations, the licence to paid delivered files and dispute resolution, survive.

11. Consumer guarantees and liability

11.1 Goods and services may come with guarantees under the Australian Consumer Law that cannot be excluded, restricted or modified. Nothing in these terms excludes those guarantees or any other right or remedy that cannot lawfully be limited. The Customer's rights can continue after a manufacturer's warranty or a stated review period ends.

11.2 To the extent the law permits a limitation for services not ordinarily acquired for personal, domestic or household use, Kybos's liability for failure to comply with a non-excludable service guarantee may, at Kybos's option, be limited to supplying the Services again or paying the cost of having them supplied again. This clause applies only where that limitation is lawful and fair and reasonable in the circumstances.

11.3 For claims outside clause 11.1, each party is responsible for reasonably foreseeable direct loss caused by its breach or negligence, subject to the following limits. For a business Customer, and only to the extent permitted by law, each party's total aggregate liability arising from an Order is capped at the greater of (a) the fees paid or payable for that Order in the 12 months before the event giving rise to the claim and (b) AUD 5,000. Neither party is liable for remote or indirect loss that was not reasonably foreseeable when the Order was made. This cap does not limit unpaid fees, fraud, wilful misconduct, personal injury or property damage caused by negligence, or a liability that cannot lawfully be limited. A signed MSA or DPA may set a different allocation for its subject matter.

11.4 The Customer will reimburse Kybos for a third-party claim to the extent directly caused by the Customer's unlawful Customer Materials, failure to obtain a permission it was responsible for, or use of a Record beyond the agreed rights. Kybos must promptly notify the Customer, reasonably cooperate, let the Customer participate in the defence, and take reasonable steps to reduce loss. This obligation does not apply to the extent Kybos caused the claim or failed to meet its own legal or contractual duties.

12. Disputes and general terms

12.1 A party with a dispute will first give written details to the other party at its notified email address. The parties will attempt in good faith to resolve it within 20 business days. This does not prevent urgent court relief, a complaint to a regulator or tribunal, or exercise of a statutory right.

12.2 These terms and Orders are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of its courts, without limiting any mandatory right to bring a claim elsewhere.

12.3 Changes to these terms. Kybos may update these terms at any time by publishing a new dated version; new Orders use the version current when they are accepted. For an ongoing hosted service, Kybos will give 30 days' notice of a material change. If the Customer does not accept it, the Customer may cancel the affected service before the change takes effect and receive a refund of any unused prepaid fees.

12.4 If a provision is unenforceable, it is limited or severed to the minimum extent necessary and the remainder continues. A delay in exercising a right is not a waiver. Neither party may assign an Order without the other's consent, not to be unreasonably withheld, except to a successor to substantially all of its relevant business that assumes the obligations. The Customer may transfer a delivered offline copy with the property under clause 7.4 without this consent.

12.5 Notices about an Order may be sent to info@kybos.au and to the Customer email in the Order. A notice by email is received when it reaches the recipient's system, unless the sender receives a failure notice. For urgent site access and safety matters, the parties may also use the project contacts in the Order.