Terms of Service

1. About CommonMind

CommonMind Pty Ltd operates two products on one platform. Which one you use determines which parts of these terms apply to you, and we say so wherever it matters.

• •Construction Intelligence (the tender product, shown in the application as “Trace”). We read the tender documents you send us and produce an evidence-backed risk register, drafted RFIs, qualifications and obligations, and a record of what you decided and what happened afterwards.
• •Venue Intelligence (the hospitality product). We ingest your operational data — POS transactions, invoices, rosters — and generate forecasts, an action playbook and drafted communications for your approval.

On data shared between customers, the two products differ, and the difference is deliberate. The venue product operates a network layer in which de-identified patterns drawn from at least five distinct businesses can inform what other venues are shown (section 3.2). The construction product has no such layer. Nothing derived from your tenders, findings, decisions or outcomes is shared with another customer in any form, aggregated or otherwise. There is no feature that does this and no code path that could.

2. Your account

• •You must provide accurate information when creating an account.
• •You are responsible for maintaining the security of your account credentials.
• •You are responsible for all activity that occurs under your account.
• •You must notify us immediately if you become aware of any unauthorised use of your account.
• •You must have the authority to bind the business entity you represent.
• •An organisation is created when its first person signs up, when they join through a pilot link we send, or by us when we set one up for you; that first person is its administrator. Access within your organisation is managed by your own administrators, and each member holds a role — viewer (read only), member, or administrator.

3. Data ownership and the licence you grant us

3.1 Everything you upload stays yours

You own your data. Tender documents, operational data, your estimates, your quotations, the judgements your team records and the outcomes you report all remain your property. You grant us a limited, non-exclusive licence to process that data in order to provide the service to you — and, except as set out in 3.2, for nothing else.

In particular, and for both products:

• •We do not train artificial intelligence models on your data, and we do not permit our model providers to do so.
• •We do not sell, rent or trade your data.
• •We do not disclose your data to another customer, subject only to 3.2.

3.2 The venue network layer — hospitality only

This section applies only if you use the Venue Intelligence product. It does not apply to Construction Intelligence, and nothing in it grants us any right over your tender data.

If you use the venue product, you grant us a licence to derive de-identified aggregate patterns from your operational data and use them to inform intelligence shown to other venues. That licence is limited by the following, which are enforced in the software and not merely promised:

• •At least five distinct businesses must contribute before any aggregate exists. Below that threshold, nothing is produced.
• •Your venue is never identified in any aggregate output, and identifying details are stripped from any evidence attached to a pattern.
• •We never relay another business’s prices, figures or commercial positions to you, or yours to them.
• •You may opt out at any time, and your own intelligence continues to work.

We describe these aggregates as de-identified rather than anonymous. The distinction is deliberate: de-identified means identifying details have been removed and a minimum-contributor threshold applies, which is what we implement. “Anonymous” would be a stronger claim than we are prepared to make.

3.3 If that ever changes for construction

Should we ever propose a cross-company capability for the construction product, it will require your separate, explicit, opt-in consent — not acceptance of these terms, and not a setting that defaults to on. Until you give that consent, your organisation’s data informs your organisation only.

4. Construction Intelligence — specific terms

This section applies if you use the construction product.

4.1 We never act as you

CommonMind drafts. You issue. We do not submit a bid, send an RFI, lodge a qualification, accept a contractual risk, or communicate with your client, consultant or subcontractor on your behalf. Where the platform can perform an action inside your own systems, it does so only for a narrow set of permitted actions, only after a named person at your organisation approves that specific action, and it records a receipt of what was done.

4.2 Findings are decision support, not advice

Findings cite passages in the documents you supplied. They are not legal advice, not a certification, and not a substitute for your own review. A finding that a clause carries risk is our reading of your document; whether it matters, what it costs, and what to do about it are your commercial and legal judgements. You remain responsible for your bid, your price, your qualifications and your programme.

4.3 What we do not claim

• •We do not claim to find every risk in a tender pack. No system does, and we publish our measured accuracy rather than a guarantee.
• •We do not produce a probability that you will win a tender. The platform deliberately refuses to generate one.
• •Where we could not read a document, we tell you which one. An absence of findings is not a certification that a document is clean.

4.4 Documents you send us

You confirm that you are entitled to provide us with the documents you upload or forward, and to have them processed as described here. Tender documents frequently carry confidentiality obligations owed to a client or principal; you are responsible for ensuring that sending them to us is consistent with those obligations. We treat every document you send as confidential to you.

5. Acceptable use

You agree not to:

• •Use the service for any unlawful purpose or in violation of any applicable laws.
• •Attempt to reverse-engineer, decompile, or extract the source code of the platform.
• •Attempt to access, identify or infer another customer’s data, including by probing identifiers or by attempting to identify a contributing business from de-identified output.
• •Upload data you do not have the right to share, including personal information about individuals who have not consented.
• •Upload content designed to manipulate the platform’s automated analysis, or to cause it to produce output for a purpose other than your own review.
• •Interfere with or disrupt the service or its infrastructure.
• •Share your account credentials or allow unauthorised access to the platform.

6. Service availability

We aim to keep CommonMind available and reliable, but we do not guarantee uninterrupted access. We may perform maintenance, deploy updates, or experience outages. We will make reasonable efforts to notify you of planned downtime.

We do not currently offer a contractual service level. If you need one, raise it before signing rather than relying on this page.

7. Intelligence and insights

Everything CommonMind produces is a decision-support output, never an instruction and never a guarantee. Outputs are generated by deterministic analysis and by artificial intelligence models working over the data you supplied, and both can be wrong.

Where an output cites evidence, the citation is validated against the source before you see it — an assertion whose quoted evidence cannot be located in the document it cites is discarded rather than shown. That is a control on fabrication, not a warranty of correctness. You are responsible for the business decisions you make.

8. Limitation of liability

To the maximum extent permitted by Australian law:

• •CommonMind is provided “as is” and “as available” without warranties of any kind, except those that cannot be excluded under Australian Consumer Law.
• •We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the service.
• •We are not liable for the consequences of a bid, price, programme or contractual position you adopted, whether or not CommonMind identified or failed to identify a matter relevant to it.
• •Our total liability for any claim arising from these terms is limited to the fees you have paid us in the 12 months preceding the claim.
• •Nothing in these terms excludes or limits liability that cannot be excluded under applicable law, including the Australian Consumer Law.

9. Termination

You can leave at any time. You may terminate your account through the platform settings or by contacting us. Upon termination:

• •You may request a data export at any time before or during termination. For the construction product this includes the full record of what was found, decided, actioned and what happened — in JSON, CSV or plain text.
• •All data identifying you or your business is deleted from our systems within 30 days of your request.
• •Construction: nothing is retained. No aggregate derived from your tenders exists, because none is ever created.
• •Venue: de-identified aggregates already contributed to the network layer are retained, as they contain no information identifying your business and cannot be disentangled from the contributions of others.

We may also terminate or suspend your account if you breach these terms, with reasonable notice where possible.

10. Changes to these terms

We may update these terms from time to time. Material changes will be communicated via the platform or by email at least 30 days before they take effect. Continued use of CommonMind after the effective date constitutes acceptance of the updated terms.

A change that would widen how your data may be used will not take effect for you on notice alone. It requires your opt-in.

11. Governing law

These terms are governed by the laws of the State of Victoria, Australia. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

Contact

Questions about these terms? Contact us at:

contact@commonmind.co