Terms of Use

1. The platform

Totum is a payment workflow platform for the Australian construction industry. It enables users to create projects, define milestones, submit and review progress claims, track SOPA compliance deadlines, confirm external payments and maintain audit records.

Totum does not process, hold or transfer funds. Totum is not a financial services provider, payment processor or escrow service. All payments between parties occur outside the platform through existing banking arrangements.

2. Account types

Project Owner accounts are subscription-based and subject to applicable fees. Contractor accounts are free.

Users are responsible for the accuracy of information entered into the platform, including project details, milestone values, claim amounts and payment confirmations.

3. Eligibility

By using this Site or the Totum platform, you confirm that:

• You are at least 18 years old (or the age of legal capacity in your jurisdiction); and
• You have authority to provide information and enter into agreements on behalf of yourself and/or your organisation.

4. Waitlist registration

If you submit your email and details to join the waitlist:

• You agree to provide accurate information.
• You authorise us to contact you about Totum, including launch announcements, early access opportunities and related updates.
• Joining the waitlist does not guarantee access to Totum, early access or any specific feature or pricing.

We may, at our discretion, prioritise or limit access to Totum (for example, by role, geography or project size).

5. SOPA compliance

Totum calculates statutory deadlines based on the Security of Payment Acts for New South Wales, Victoria and Queensland. These calculations are provided as a tool to assist users and do not constitute legal advice.

Users remain solely responsible for their own compliance with applicable legislation. Totum does not guarantee the accuracy of deadline calculations and recommends users seek independent legal advice for complex compliance matters.

6. Audit trail

The platform creates timestamped records of user actions within the payment workflow. These records are intended to support transparency and dispute resolution.

Totum does not guarantee that audit records will be accepted as evidence by any court, tribunal or adjudicator. Users should maintain their own independent records.

7. Intellectual property

Unless otherwise stated:

• All content on this Site and within the platform, including text, layouts, graphics, logos, icons, images and designs, is owned or licensed by FIVO Pty Ltd.
• “Totum” and associated branding are used by FIVO and may be protected under trade mark and other intellectual property laws.

You must not:

• Copy, reproduce or distribute content from this Site except for personal, non-commercial reference;
• Remove or alter any copyright, trade mark or other proprietary notices;
• Use any content to build a competing product or service.

8. Acceptable use

You agree not to:

• Use this Site or the platform for any unlawful, fraudulent or abusive purpose;
• Attempt to gain unauthorised access to any systems, data or accounts;
• Enter false or misleading information into the platform, including fabricated claim amounts, payment confirmations or project data;
• Introduce viruses, malware or other harmful code;
• Interfere with or disrupt the operation of the Site or platform.

We may restrict or terminate your access if we reasonably believe you have breached these Terms.

9. Termination

We may suspend or terminate your account for breach of these Terms, non-payment of subscription fees or misuse of the platform. You may close your account at any time.

Audit trail records may be retained after account closure as required by law or for compliance purposes.

10. No warranties

This Site, the platform and their content are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, we:

• Do not warrant that the Site or platform will be error-free, uninterrupted or free of harmful components;
• Do not guarantee that any information is complete, up to date or suitable for your specific circumstances.

11. Limitation of liability

To the maximum extent permitted by Australian Consumer Law, FIVO Pty Ltd’s liability for any claim arising from use of the platform is limited to the fees paid by the user in the twelve months preceding the claim.

FIVO Pty Ltd is not liable for any loss arising from:

• Reliance on SOPA deadline calculations;
• Late or missed payments between parties;
• Inaccurate information entered by users;
• Platform downtime or service interruptions.

Nothing in these Terms excludes or limits any liability that cannot be excluded under applicable law (for example, consumer guarantees under Australian Consumer Law).

12. Third-party links

This Site may contain links to third-party websites or services. We are not responsible for:

• The content, accuracy or policies of third-party sites; or
• Any loss or damage arising from your use of them.

13. Governing law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

14. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top will indicate the latest version. Your continued use of the Site or platform after changes are posted constitutes your acceptance of the updated Terms.