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Terms of Service

Last updated: 21st Jan 2026

These Terms of Service ("Terms") govern your access to and use of the website located at https://www.finalbuilder.com (the "Website"), and any related software products, services, downloads, trials, beta releases, documentation, updates, and content provided by us (collectively, the "Services").

The Website and Services are operated by VSoft Technologies Pty Ltd ("we", "us", or "our"), a company based in the Australian Capital Territory, Australia.

By accessing, browsing, purchasing from, downloading from, or using the Website or any Services, including by creating an account or placing an order, you agree to be legally bound by these Terms. If you do not agree, you must not use the Website or Services.


1. Definitions and Interpretation

In these Terms:

  • "Account" means a user account created on the Website.
  • "ACL" means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • "Beta Software" means pre-release, trial, preview, or evaluation versions of Products.
  • "Order" means a request to purchase a Product or Service submitted through the Website or an authorised reseller.
  • "Products" means our software products, including but not limited to FinalBuilder, and any related components, plugins, or tools.
  • "Reseller" means an authorised third party permitted to distribute or sell our Products.
  • "You" or "your" means the individual or legal entity using the Services.

Headings are for convenience only and do not affect interpretation.


2. Our Products and Services

We offer multiple commercial software Products and related Services.

  • Some parts of the Website are provided for informational purposes only.
  • Certain Products require the purchase of a perpetual licence, a subscription, or both.
  • Each Product may be governed by separate licence terms, end user licence agreements (EULAs), beta terms, or service-specific terms provided at the time of download, installation, activation, or purchase.

Where there is any inconsistency between these Terms and product-specific terms, the product-specific terms prevail for that Product.


3. Accounts and Registration

To access certain features, you may be required to create an Account.

You agree that:

  • All information you provide is accurate, current, and complete;
  • You will keep your login credentials secure;
  • You are responsible for all activity conducted through your Account.

We may suspend or terminate Accounts that violate these Terms or applicable law.


4. Orders and Contract Formation

By placing an Order:

  • You make an offer to purchase the applicable Product or Service;
  • An Order is not accepted until we confirm acceptance, issue a licence key, provide access, or deliver the Product.

We reserve the right to refuse or cancel Orders, including for pricing errors, suspected fraud, or compliance reasons.


5. Pricing, Payment, and Taxes

  • Prices are displayed in Australian Dollars (AUD) unless otherwise stated.
  • Prices may change at any time prior to Order acceptance.
  • Payments are processed via third-party payment providers.
  • You authorise us to charge all applicable fees at the time of purchase.

You are responsible for all applicable taxes, duties, or charges, including GST, VAT, or sales taxes, imposed by any jurisdiction.


6. Licences, Subscriptions, and Renewals

Perpetual Licences

Where you purchase a perpetual licence, you receive a licence to use the Product subject to the applicable EULA.

Subscriptions

Subscription Products grant you the right to use the Product for the subscription term.

At this time, we do not enable automatic subscription renewals. If we introduce automatic renewals in the future, we will provide at least 30 days' prior notice before enabling that feature.

Upgrades, Maintenance, and Support

Any upgrades, maintenance releases, patches, or support services are provided only if and to the extent expressly included with your Product or purchased separately.

We do not guarantee the availability, timing, scope, or continuity of any support or maintenance services, and such services may be modified or discontinued in accordance with the applicable EULA or support agreement.


7. Delivery and Access

Products may be delivered via:

  • Digital download;
  • Licence keys or activation codes;
  • Online access or portals.

Delivery is deemed complete when access credentials, licence keys, or download links are made available.


8. Beta Software

Beta Software is provided for evaluation purposes only and may contain errors or defects.

You acknowledge that:

  • Beta Software is provided "as is";
  • It may change or be discontinued at any time;
  • We are not obligated to release Beta Software as a commercial product.

To the maximum extent permitted by law, we exclude all warranties and liability for Beta Software.


9. Acceptable Use

You must not:

  • Use the Services for unlawful purposes;
  • Circumvent licence restrictions or security measures;
  • Reverse engineer or decompile Products except as permitted by law;
  • Interfere with or disrupt the Services or systems;
  • Introduce malware or harmful code.

10. Intellectual Property

All intellectual property rights in the Website, Products, and Services remain with us or our licensors.

Except as expressly permitted under an applicable licence, no rights are granted to you.


11. Resellers and Third-Party Sales

Products may be sold through authorised Resellers.

Where you purchase through a Reseller:

  • Pricing, invoicing, and payment terms may be set by the Reseller;
  • Licence terms remain governed by our EULA;
  • We are not responsible for the Reseller's acts or omissions except as required by law.

11A. Export Controls and Sanctions

You must comply with all applicable export control, sanctions, and trade compliance laws when using, exporting, or re-exporting the Products, including those of Australia, the United States, the European Union, and any other relevant jurisdiction.

You represent and warrant that:

  • You are not located in, under the control of, or a national or resident of any country subject to comprehensive trade sanctions;
  • You are not listed on any government denied or restricted party list.

We may suspend or terminate access to the Products if required to comply with export control or sanctions laws.


12. Third-Party Services and Links

The Services may integrate with or link to third-party services.

We do not control and are not responsible for third-party content, services, or policies.


13. Australian Consumer Law

Consumer and Commercial Use

You acknowledge that the Products are primarily designed for business and commercial use. Certain statutory rights may apply differently depending on whether you acquire the Products as a consumer or for business purposes.

Nothing in these Terms or any applicable EULA excludes, restricts, or modifies any consumer guarantees, rights, or remedies that cannot be excluded under the Australian Consumer Law (ACL) or other applicable legislation.

To the maximum extent permitted by law, and subject always to the non-excludable guarantees under the ACL, our liability for any failure to comply with a consumer guarantee is limited (at our option) to one or more of the following, as set out and further detailed in the applicable End User Licence Agreement (EULA):

  • In the case of goods (including software): the replacement of the goods, the supply of equivalent goods, or the repair of the goods;
  • In the case of services: the resupply of the services or the payment of the cost of having the services resupplied.

You acknowledge that software is inherently complex and may contain defects or bugs, and that the allocation of risk and remedies set out in the applicable EULA forms an essential basis of the bargain between you and us.


14. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express or implied.

Without limiting the foregoing, we do not warrant that:

  • The Products or Services will be uninterrupted, timely, secure, or error-free;
  • Defects or errors will be corrected;
  • The Products will meet your specific requirements or operate in combination with any particular software, hardware, or systems.

You acknowledge that all software is inherently complex and may contain bugs, errors, or limitations.


14A. No Mission-Critical Use

The Products and Services are not designed, intended, or warranted for use in hazardous, high-risk, or mission-critical environments where failure could result in death, personal injury, environmental damage, or significant property or financial loss, including but not limited to nuclear facilities, medical or life-support systems, emergency services, aviation, autonomous vehicles, or weapons systems.

You agree that you will not use the Products or Services for such purposes, and we disclaim any liability arising from any such use to the maximum extent permitted by law.


15. Limitation of Liability

To the maximum extent permitted by law, and subject to any non-excludable rights under the ACL:

  • We are not liable for any indirect, incidental, special, or consequential loss, including loss of profits, revenue, data, goodwill, or business interruption;
  • Our total aggregate liability arising out of or in connection with the Services (including negligence) is limited to the amount paid by you to us for the relevant Product or Service in the 12 months preceding the event giving rise to the claim, or any lower cap expressly set out in the applicable EULA, whichever is lower.

Where an applicable EULA specifies a liability cap or additional limitations, those provisions apply and prevail for that Product.


16. Indemnity

You agree to indemnify us against claims, losses, damages, and expenses arising from your breach of these Terms or misuse of the Services.


17. Termination

We may suspend or terminate access to the Services immediately if you breach these Terms.

Upon termination, provisions intended to survive termination will continue to apply.


18. Notices

Notices may be provided electronically via the Website or by email to the address associated with your Account.


18A. Force Majeure

We are not liable for any failure or delay in performance to the extent caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, government actions, pandemics, failures of utilities or telecommunications networks, or third-party service outages.


19. Assignment

We may assign or transfer our rights and obligations under these Terms without restriction.

You may not assign these Terms without our prior written consent.


20. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Services and supersede all prior agreements.


21. Governing Law and Jurisdiction

These Terms are governed by the laws of the Australian Capital Territory, Australia.

You submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.


22. Severability

If any provision is found unenforceable, the remaining provisions remain in effect.


23. Contact Us

VSoft Technologies Pty Ltd
Website: https://www.finalbuilder.com