Service Agreement

(a) Supply, installation, and configuration of Axis security cameras at the Customer's site ('Site');

(b) Continuous timelapse image capture and edge processing via on-camera ACAP firmware;

(c) Automated clip compilation into daily, weekly, and monthly summary reels;

(d) Cloud storage and playback of captured clips and compiled reels;

(e) Access to the BuildReplay customer portal for viewing, sharing, and managing footage;

(f) Camera health monitoring, including connectivity, storage, temperature, and capture cadence alerts;

(g) Optional AI object detection (person, vehicle, motion) for event-flagged clips;

(h) Optional scheduled reel email delivery to nominated recipients; and

(i) Ongoing maintenance, firmware updates, and remote support.

The specific configuration for this engagement is set out in the attached Order Schedule, including:

(a) Site name, address, and site contact

(b) Plan tier (Starter, Scaler, or Developer)

(c) Number and type of cameras (outdoor / indoor)

(d) Billing cycle (monthly or annual)

(e) Selected add-ons (retention extension, extra storage, site visit blocks, networking pack)

(f) One-time and recurring fees

(g) Target install / go-live date

The Order Schedule forms part of this Agreement. In the event of inconsistency, this Agreement prevails unless the Order Schedule expressly states otherwise. The version of this Agreement in effect at the time of checkout acceptance binds the engagement.

3.1 Recurring fees are billed monthly or annually in advance, via Stripe, in Australian dollars (AUD), in accordance with the selected plan tier and billing cycle. Fees include applicable GST.

3.2 Commencement of billing: Recurring billing commences at checkout payment for the selected billing period. Service delivery (capture, compilation, and portal access) begins on the install / go-live date. If BuildReplay delays installation beyond 30 days from the checkout date for reasons within its control, BuildReplay will credit the Customer's account for the period between checkout and go-live, applied as a pro-rata credit against the next billing cycle.

3.3 One-time fees for hardware (cameras, SD cards, networking), provisioning, and site visit blocks are charged at the time of purchase.

3.4 Add-ons (retention extension, extra cloud storage) are billed as recurring charges and may be added or removed at any time. Removal takes effect at the end of the current billing period.

3.5 Price changes: BuildReplay may adjust recurring fees with no less than 30 days' written notice. The Customer may cancel without penalty if they do not accept the revised fees.

3.6 Late payment: Overdue amounts may incur interest at the Reserve Bank of Australia cash rate plus 4% per annum.

4.1 This Agreement commences on the checkout acceptance date and continues for the selected billing period ('Initial Term'). Service delivery begins on the install / go-live date as set out in the Order Schedule.

4.2 The Agreement automatically renews for subsequent periods of the same length unless either party gives written notice of non-renewal at least 30 days before the end of the current period.

4.3 Either party may terminate immediately for material breach (uncured within 14 days of written notice), insolvency, or unlawful conduct.

4.4 The Customer may terminate for convenience with 30 days' written notice. No refund is owed for the current paid period; service continues to the end of that period.

4.5 Upon termination for any reason, BuildReplay will decommission cameras, cease capture, and the Site enters the post-closure retention window (see clause 8).

5.1 The Customer grants BuildReplay and its contractors right of access to the Site for installation, maintenance, firmware updates, and retrieval of equipment.

5.2 The Customer will provide a safe working environment, including any required site inductions, and nominate a site contact for access coordination.

5.3 The Customer is responsible for ensuring the Site is suitable for camera installation, including adequate mounting points, power, and (where applicable) network connectivity.

5.4 Where the 4G router + PoE networking pack is included, the Customer provides a suitable SIM and data plan unless otherwise stated in the Order Schedule.

5.5 Subcontractors: BuildReplay may engage subcontractors for installation and maintenance work. BuildReplay remains liable for the acts and omissions of its subcontractors as if they were its own, and ensures subcontractors are bound by confidentiality and data-protection obligations equivalent to those in this Agreement.

6.1 BuildReplay will take reasonable steps to maintain capture uptime and portal availability, including health monitoring, prompt restoration after outages, and proactive firmware maintenance.

6.2 Target availability: BuildReplay targets a monthly capture and portal availability of 99%. Availability excludes outages caused by factors outside BuildReplay's reasonable control, including Customer-side network or power disruption, environmental conditions, camera misconfiguration directed by the Customer, or force majeure events (clause 13).

6.3 Service credits: Where monthly availability falls below 99% due to an outage attributable to BuildReplay infrastructure and lasting more than 4 cumulative hours in a billing period, the Customer may request a service credit equal to 10% of one month's recurring fees, capped at one (1) month's recurring fees per billing period. Service credits are not a refund and are applied to the next billing cycle.

6.4 Service credits under this clause are the Customer's sole remedy for availability shortfalls and are subject to the aggregate liability cap in clause 11.3.

7.1 BuildReplay may suspend the Service (including capture and portal access) if the Customer is more than 7 days overdue on payment, after written notice and a 7-day cure period.

7.2 BuildReplay may suspend the Service immediately, without prior notice, where the Customer's conduct constitutes a serious breach of the Acceptable Use clause (clause 16) or exposes BuildReplay to legal liability.

7.3 Where the Service is suspended for reasons not caused by the Customer, BuildReplay will issue a pro-rata credit for prepaid fees covering the suspension period.

7.4 Suspension does not terminate this Agreement. The Customer remains liable for fees during suspension caused by the Customer's non-payment or breach.

8.1 Ownership of footage: All captured images, clips, and compiled reels ('Footage') are the property of the Customer. BuildReplay acts as a service provider in processing and storing the Footage.

8.2 Retention period: Footage is retained in cloud storage for the period defined by the Customer's plan tier (default 30 days for Starter, longer for higher tiers), plus any purchased retention extension. Local SD card backup provides additional on-device redundancy.

8.3 Post-closure: Upon Site closure or termination, Footage is retained for a grace window of 60 days to allow the Customer to download any required content, after which it is permanently deleted.

8.4 Milestone clips: The Customer may tag clips as milestones (slab pour, frame, roof, handover, incident, site visit). Milestone-tagged clips are retained for the life of the project and the post-closure grace window.

8.5 Sharing: The Customer may create shareable links to clips via the portal. Share links may be password-protected, set to expire, and revoked at any time. The Customer is responsible for managing access to share links.

8.6 AI detection: Where enabled, on-camera AI analysis may flag clips containing detected persons, vehicles, or motion. Flagged clips are surfaced in the portal for the Customer's review. AI detection is probabilistic and is not guaranteed to identify all events.

8.7 Camera placement privacy: The Customer is responsible for ensuring camera placement does not infringe on the privacy of third parties or neighbouring properties. BuildReplay is not liable for privacy complaints arising from camera positioning directed by the Customer.

9.1 BuildReplay will implement and maintain reasonable technical and organisational measures to protect Footage and Customer data, including encryption in transit (TLS) and at rest, access controls limiting data access to authorised personnel, and regular monitoring for unauthorised access.

9.2 BuildReplay will maintain the ability to detect, investigate, and respond to data security incidents affecting Footage or Customer data stored in the portal.

9.3 Breach notification: If BuildReplay becomes aware of a confirmed data security incident involving unauthorised access to or disclosure of the Customer's Footage or personal data, BuildReplay will notify the Customer in writing without undue delay, and in any event within 72 hours of confirmation, describing the nature of the incident, the data affected, and the remedial steps taken or planned.

9.4 BuildReplay will reasonably cooperate with the Customer in meeting any legal notification obligations the Customer may have arising from an incident, at no additional cost to the Customer.

9.5 BuildReplay's obligations under this clause are subject to the aggregate liability cap in clause 11.3.

10.1 BuildReplay acts as a data processor on the Customer's behalf in relation to Footage and any personal data captured, processed, or stored in delivering the Service. The Customer is the data controller responsible for the lawfulness of the capture and use of Footage.

10.2 BuildReplay will process Customer data only as necessary to deliver the Service and fulfil this Agreement, and will not use Footage for any purpose other than service delivery, except as permitted by the Promotional Use Licence (clause 12).

10.3 BuildReplay complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles in handling personal data.

10.4 On termination, or at the Customer's written request, BuildReplay will delete or return Customer data in accordance with the retention provisions in clause 8, except where retention is required by law.

11.1 BuildReplay warrants that the Service will be provided with due care and skill, and that cameras and firmware will perform substantially as described in the portal documentation.

11.2 BuildReplay does not warrant that capture will be uninterrupted or error-free. Temporary outages due to network disruption, power loss, camera restarts, or environmental factors may occur. BuildReplay monitors camera health and will take reasonable steps to restore service promptly.

11.3 To the extent permitted by law, BuildReplay's aggregate liability for any claim arising out of or related to this Agreement, including claims under the Service Availability, Data Security, and Indemnity clauses, is limited to the total fees paid by the Customer in the three (3) months preceding the event giving rise to the claim.

11.4 Neither party is liable for indirect, consequential, or loss-of-profit damages, except for liabilities that cannot be excluded under the Australian Consumer Law.

11.5 Nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Australian Consumer Law or other applicable law.

12.1 The Customer grants BuildReplay a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display: (a) Captured Footage (including clips, compiled reels, and still images derived therefrom) and (b) the Customer's business name, logo, and brand ('Customer Brand') for the purpose of promotional and advertising work by BuildReplay, including but not limited to: website content, social media posts, marketing collateral, case studies, testimonials, and proposals to prospective customers.

12.2 This licence is perpetual and survives termination of this Agreement, applying only to Footage and Customer Brand material created during the term of this Agreement.

12.3 BuildReplay will use reasonable efforts to present the Customer Brand accurately and in a positive professional context.

12.4 The Customer may request in writing that BuildReplay limit or cease promotional use of specific Footage or Customer Brand material. BuildReplay will comply with such requests within a reasonable timeframe, except where material has already been incorporated into published marketing collateral.

12.5 Nothing in this clause obliges BuildReplay to use the Footage or Customer Brand.

12.6 The Customer warrants it has the rights and authority to grant the licence in clause 12.1, including (where relevant) the consent of any individuals whose image appears in the Footage, or that such use is otherwise permitted under applicable privacy law.

13.1 Neither party is liable for failure or delay in performing obligations under this Agreement to the extent caused by events beyond its reasonable control, including natural disaster, fire, flood, network or utility outage outside the party's control, government action, pandemic, or civil disturbance ('Force Majeure Event').

13.2 The affected party will notify the other party promptly and use reasonable efforts to resume performance as soon as practicable.

13.3 If a Force Majeure Event materially prevents performance for more than 60 consecutive days, either party may terminate this Agreement on 30 days' written notice without penalty. Fees paid in advance for periods after termination will be refunded on a pro-rata basis.

14.1 Unless the Order Schedule specifies that hardware has been purchased outright by the Customer, all cameras, SD cards, networking equipment, mounting hardware, and associated devices supplied by BuildReplay ('Equipment') remain the property of BuildReplay at all times.

14.2 Where the Customer has elected to purchase Equipment outright (as stated in the Order Schedule), ownership of that Equipment transfers to the Customer on installation, and the Equipment is no longer maintained, supported, or replaced by BuildReplay under this Agreement unless a separate maintenance arrangement is agreed in writing.

14.3 The Customer agrees to take reasonable care of Equipment installed at the Site and will not tamper with, relocate, modify, or attempt to access the internal firmware of Equipment without BuildReplay's written consent.

14.4 Where Equipment remains the property of BuildReplay (clause 14.1), risk in the Equipment passes to the Customer on installation. The Customer is responsible for loss or damage to Equipment caused by theft, vandalism, fire, flood, accident, or other events not attributable to BuildReplay's negligence. The Customer may be charged the replacement cost of any Equipment that is lost, stolen, or damaged beyond repair during the term.

14.5 Where Equipment has been purchased outright (clause 14.2), risk in that Equipment passes to the Customer on installation, and the Customer is solely responsible for its maintenance, repair, and replacement.

14.6 On termination of this Agreement: BuildReplay-owned Equipment — BuildReplay will arrange collection within a reasonable period. The Customer will ensure Equipment is accessible and undamaged. If Equipment is not made available for collection within 30 days, the Customer may be charged a storage fee or the replacement cost of the Equipment. Customer-owned Equipment — The Customer retains the Equipment. BuildReplay will, on request, decommission its ACAP firmware and remove access credentials, but has no ongoing obligation to maintain or support the Equipment.

14.7 BuildReplay retains the right to remotely access, update, and manage the firmware and configuration of Equipment (including Equipment purchased outright) for the duration of this Agreement, as necessary to deliver the Service.

15.1 The BuildReplay portal, ACAP firmware, platform software, documentation, branding, and associated materials ('Platform IP') are and remain the intellectual property of BuildReplay. No ownership or IP rights in the Platform IP transfer to the Customer under this Agreement.

15.2 BuildReplay grants the Customer a non-exclusive, non-transferable, revocable licence to use the portal and Platform IP solely for the purpose of accessing and using the Service during the term of this Agreement.

15.3 Footage ownership is addressed in clause 8.1 and is unaffected by this clause.

16.1 The Customer will not use, and will not permit any third party to use, the Service: (a) for any unlawful purpose, including unlawful surveillance in breach of the Surveillance Devices Act 2007 (NSW) or equivalent; (b) to capture Footage of areas or persons where the Customer lacks the legal right to record; (c) to harass, intimidate, or surveil individuals; or (d) in a manner that infringes the intellectual property or privacy rights of any third party.

16.2 The Customer will not: (a) reverse-engineer, decompile, or attempt to extract source code from the portal, ACAP firmware, or Platform IP; (b) attempt to circumvent access controls or authentication mechanisms; or (c) share portal credentials in a manner that enables unauthorised access.

16.3 The Customer is responsible for all activity conducted using their portal account and must notify BuildReplay promptly of any suspected unauthorised access.

17.1 Customer indemnity: The Customer indemnifies BuildReplay against any loss, damage, or liability (including reasonable legal costs) arising from a privacy complaint, surveillance claim, or third-party action caused by camera placement or Footage capture directed by the Customer, except to the extent caused by BuildReplay's negligence.

17.2 BuildReplay indemnity: BuildReplay indemnifies the Customer against any loss, damage, or liability (including reasonable legal costs) arising from a claim that the Platform IP infringes the intellectual property rights of a third party, except to the extent the claim arises from the Customer's modification or misuse of the Platform IP.

17.3 The indemnifying party's total liability under this clause is subject to the aggregate liability cap in clause 11.3.

20.1 Before commencing litigation, a party must give the other written notice of the dispute and the parties' authorised representatives will negotiate in good faith for 14 days to resolve it.

20.2 If unresolved after 14 days, either party may refer the dispute to mediation administered by a mediator agreed by the parties (or, failing agreement, appointed by the President of the Law Society of New South Wales), with costs shared equally.

20.3 This clause does not prevent a party from seeking urgent interlocutory or injunctive relief where necessary to protect its rights.

21.1 Governing law: This Agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

21.2 Notices: All notices must be in writing and sent to the address or email in this Agreement or the Order Schedule.

21.3 Variation: Any variation must be in writing and signed by both parties.

21.4 Assignment: Neither party may assign this Agreement without the other party's written consent (not to be unreasonably withheld).

21.5 Severability: If any provision is invalid or unenforceable, it is severed and the remaining provisions continue in full force.

21.6 Entire agreement: This Agreement, including the Order Schedule, constitutes the entire agreement between the parties and supersedes all prior discussions.