Terms of Service

How to read these Terms

These Terms explain the legal rules for accessing and using Properti websites, applications and services. They are designed for business customers, authorised users and people who use free services such as the Properti Grader. If you accept these Terms for an organisation, you confirm that you are authorised to bind it. Read the order form and any negotiated agreement with these Terms because those documents may change which features, fees and service levels apply.

1. About these Terms

1.1 These Terms are between Properti Tech Pty Ltd ABN 90 635 062 029 (Properti, we, us or our) and the person or entity that accepts them or uses the Services (Customer, you or your).

1.2 These Terms apply to the Properti websites, platform, applications, Grader, Digital Visibility Index, Reviews, Marketing OS, advertising tools, integrations and related services that we make available in Australia and New Zealand.

1.3 By creating an account, accepting an order form, clicking to accept, or accessing or using a Service after being given a reasonable opportunity to review these Terms, you agree to them. If you do not agree, do not use the Services.

1.4 The Services are intended for persons aged 18 years or older and for business use. Consumer guarantees and other rights that cannot lawfully be excluded continue to apply.

2. Definitions and interpretation

2.1 In these Terms, the following words have these meanings.

AI Features

features that generate, classify, recommend, score, summarise, optimise or otherwise process content or data using machine learning or artificial intelligence.

Authorised User

an individual whom Customer permits to access the Services under Customer account.

Customer Content

data, text, images, video, templates, listings, contact records, reviews, instructions and other material submitted to or made available through the Services by or for Customer.

Digital Visibility Index

the Properti Digital Visibility Index and related publications, datasets, benchmarks and rankings.

Grader

the Properti tools that assess and report digital visibility or related indicators for agents, agencies, offices or networks.

Order Form

an ordering document, online checkout, proposal, statement of work or other written record identifying Services, fees, term or special conditions.

Output

content or recommendations produced by an AI Feature in response to Customer Content or instructions.

Services

the services described in clause 1.2 and any related support, onboarding or professional services ordered by Customer.

Third Party Service

a service, platform, integration, content source or provider that is not controlled by Properti.

2.2 A reference to law includes amendments and replacements. Examples introduced by including or such as do not limit the preceding words. If a period ends on a non-business day, it ends on the next business day in the relevant place.

3. Contract formation and order of precedence

3.1 The agreement consists of, in descending order of priority: (a) a negotiated enterprise, corporate or franchise agreement; (b) an Order Form; (c) a signed data processing addendum or service level agreement; (d) these Terms, including Schedule 1; and (e) policies expressly incorporated by reference. A higher-ranking document prevails only to the extent of an inconsistency.

3.2 A purchase order is administrative only. Its terms do not amend the agreement unless Properti expressly signs them.

3.3 If Customer uses a free Service without an Order Form, these Terms form the entire service agreement for that use.

4. Accounts and authorised users

4.1 Customer must provide accurate account information, keep it current, protect credentials and use appropriate access controls. Customer is responsible for activity by its Authorised Users except to the extent caused by Properti breach.

4.2 Accounts and seats may not be shared outside the licensed team or transferred without Properti consent. Customer must promptly disable access for a person who is no longer authorised and notify Properti of suspected unauthorised access.

4.3 Customer must ensure Authorised Users comply with the agreement. An administrator may manage users, content, integrations, billing and settings and may access information associated with the workspace.

5. Services and product changes

5.1 Properti will provide the Services described in the applicable Order Form and plan. Features, limits and availability may differ by plan, location, integration and release status.

5.2 We may improve, replace or discontinue features. If a change materially reduces the core functionality of a paid Service during a committed term, we will provide reasonable notice where practicable and, if the reduction is material and not remedied or replaced with substantially equivalent functionality, Customer may terminate the affected Service and receive a pro rata refund of prepaid fees for the unused period.

5.3 Roadmaps, coming soon features and demonstrations are indicative only and are not commitments unless an Order Form expressly says otherwise.

6. Customer responsibilities

6.1 Customer must use the Services lawfully, follow reasonable product documentation and obtain all rights, consents and notices required for Customer Content, contacts, advertising, review requests, integrations and communications.

6.2 Customer must not misuse the Services, including by attempting unauthorised access; disrupting security or availability; introducing malicious code; scraping or extracting data except through approved features; reverse engineering except where law permits; infringing rights; sending unlawful, deceptive or unsolicited communications; impersonating another person; manipulating reviews, rankings or metrics; or using the Services to make unlawful discriminatory decisions.

6.3 Customer remains responsible for real estate, advertising, consumer, professional and industry compliance applicable to its business and for human review and approval of material before publication.

7. Subscriptions, fees and payment

7.1 Fees, billing frequency, seats, usage limits and the initial subscription term are stated at checkout or in the Order Form. Unless stated otherwise, prices are in the currency displayed and include or exclude GST as clearly indicated at purchase.

7.2 Customer authorises Properti and its payment provider to charge the selected payment method when amounts fall due. Customer must keep billing information current. Undisputed overdue amounts may attract reasonable recovery costs and interest to the extent permitted by law.

7.3 A subscription renews for successive periods equal to the current billing period unless either party gives the cancellation notice stated at purchase or in the Order Form. For month-to-month plans that do not state a notice period, cancellation takes effect at the end of the current paid month. For annual or committed plans, cancellation takes effect at the end of the then-current term.

7.4 Customer may cancel through available account settings or by contacting support@properti.ai. Except where required by law or expressly stated in the agreement, fees already paid are non-refundable and no credit is given for partial periods.

7.5 We may change fees for a renewal period by giving reasonable advance notice. A fee change does not apply during a prepaid committed term. Customer may cancel before the change takes effect.

7.6 Advertising media spend, messaging charges, Third Party Service fees, taxes and usage above included limits may be charged separately where disclosed before commitment.

8. Trials, promotions and beta services

8.1 Trial or promotional terms presented at signup form part of the agreement. If a trial converts to a paid plan, we will disclose the conversion date, price and cancellation method before Customer commits. A free Grader does not require payment details unless clearly stated.

8.2 Beta, preview or experimental features may be incomplete, change without notice and be withdrawn. They are provided for evaluation and should not be used for high-risk or legally significant decisions without independent verification.

9. Customer content and permissions

9.1 Customer retains ownership of Customer Content. Customer grants Properti and its subcontractors a non-exclusive, worldwide, royalty-free licence during the agreement to use, copy, adapt, display, publish, transmit and process Customer Content as needed to provide, secure, support and improve the Services, comply with law, and publish profiles, listings and reports through Properti and Grader. The licence covers agent and agency names, business details, logos, profile images and headshots, and listing descriptions, photographs, videos and other media provided or connected by or for Customer.

9.2 Customer represents that it has the rights, licences, consents and permissions needed for Customer Content and the Properti processing, display and publication described in the agreement, including permissions required from relevant agents, agencies, property owners, vendors, photographers, creators and other rights holders. Customer must not upload sensitive or regulated information unless the relevant Service is intended for it and appropriate safeguards are agreed.

9.3 Properti may create and use aggregated or de-identified information for analytics, benchmarking, security, research and service improvement where it does not reasonably identify Customer or an individual. Public Digital Visibility Index and Grader material is governed by clause 12.

9.4 We may remove or restrict access to content that reasonably appears unlawful, unsafe, infringing or inconsistent with the agreement, giving notice where lawful and practicable.

10. Properti intellectual property

10.1 Properti and its licensors own the Services, software, designs, documentation, methodologies, models, scoring systems, Digital Visibility Index compilations, trademarks and all related intellectual property, excluding Customer Content and third party material.

10.2 Subject to payment and compliance, Properti grants Customer a limited, non-exclusive, non-transferable right during the subscription term to access and use the Services for Customer internal business and authorised marketing activities.

10.3 Feedback may be used without restriction or payment, but we will not identify the contributor without permission. No rights are granted except those expressly stated.

11. Artificial intelligence features

11.1 AI Features may create copy, captions, images, recommendations, summaries, scores, replies, targeting suggestions or automations. Output may be inaccurate, incomplete, similar to output provided to others or unsuitable for a particular purpose.

11.2 Customer must review Output before use and remains responsible for publication, claims, disclosures, intellectual property clearance, fairness, professional judgement and legal compliance. Output is not legal, financial, property valuation or other professional advice.

11.3 Customer must not use AI Features to make decisions that produce legal or similarly significant effects about an individual without appropriate human oversight and any notice, consent, explanation or appeal process required by law.

11.4 Properti may use third party model providers. Customer Content submitted to those providers will be handled under the Privacy Policy, applicable data processing terms and provider restrictions. Properti will not represent that AI processing is confidential or isolated unless the relevant plan or agreement expressly provides that protection.

12. Grader and Digital Visibility Index

12.1 Grader and the Digital Visibility Index may use public, licensed, partner-supplied and user-supplied information about real estate professionals and organisations. They measure indicators of digital visibility and related activity. They do not measure professional competence, character, property performance, sales results or suitability to act for a person.

12.2 Scores, bands, rankings, comparisons and insights are estimates produced using defined methodologies and available data. Sources may be incomplete, delayed or incorrect. Methodologies, weights, sources, eligibility thresholds and update cycles may change to improve relevance and integrity.

12.3 Properti may publish or license Digital Visibility Index reports, rankings, excerpts, charts and aggregated findings. Commercial republication, data extraction, resale, model training, database creation or use of substantial Digital Visibility Index or Grader material requires prior written permission. Fair quotation with attribution is permitted to the extent allowed by law.

12.4 An individual or organisation may claim a profile and request correction or review through the method shown in the relevant report or by contacting privacy@properti.ai. Properti may request evidence and may record a correction, explanation or methodology outcome. A dispute does not automatically require removal of accurate lawfully collected public information.

12.5 Customer must not manipulate inputs, create false profiles, interfere with scoring, misrepresent a score, imply endorsement, or use Grader or the Digital Visibility Index to harass, discriminate or make a high-impact decision without appropriate independent assessment.

13. Reviews

13.1 Reviews may help Customer request, import, manage, respond to, display and share reviews from Customer, Google, realestate.com.au and other supported sources. Third party reviews remain subject to the originating platform terms and technical permissions.

13.2 Customer is responsible for obtaining lawful contact permission, accurately identifying the sender, providing required unsubscribe controls and ensuring requests are fair and not misleading. Customer must not buy, fabricate, selectively suppress, gate or incentivise reviews in a way that breaches law or platform rules.

13.3 AI-drafted replies require Customer approval. Customer must verify facts, avoid disclosing private property or client information and respond professionally. Some third party platforms may be read-only or may not support publication through Properti.

13.4 Customer authorises Properti to retrieve, display and refresh connected reviews and ratings. Customer is responsible for permissions to place a widget on its website and for any website disclosures, cookie settings and accessibility requirements.

14. Advertising and campaign services

14.1 Properti may help create, place, optimise and report campaigns on Third Party Services such as social, search and display platforms. Customer is the advertiser unless an Order Form expressly states otherwise.

14.2 Customer must approve campaign objectives, audience, budget, claims, creative and landing pages and maintain rights to all materials. Customer is responsible for property, pricing, availability, equal opportunity, consumer and industry disclosures.

14.3 Media spend is separate from Properti fees unless expressly bundled. Third party platforms control auction pricing, delivery, policy review, account restrictions and attribution. Properti does not guarantee impressions, leads, conversions, ranking, revenue or campaign acceptance.

14.4 Customer authorises Properti to act through connected advertising accounts within the permissions Customer grants. Customer must monitor spend and promptly report suspected errors. We will take reasonable steps to correct errors caused by Properti, but are not responsible for third party platform acts outside our reasonable control.

15. Integrations and third party services

15.1 Customer may choose to connect Third Party Services, including CRM, social, advertising, review, design, property listing and analytics platforms. Customer instructs Properti to exchange data with each enabled integration.

15.2 Third Party Services are governed by their own terms and privacy practices. Properti is not responsible for their availability, content, changes or acts, but this does not limit responsibility Properti cannot lawfully exclude.

15.3 Customer may disconnect an integration, subject to technical and contractual limits. Disconnection may stop features or leave data already shared with the third party subject to its policies.

16. Franchise, multi office and enterprise arrangements

16.1 A negotiated enterprise, corporate or franchise agreement governs network structure, brand controls, data access, fees, service levels and support and prevails under clause 3.

16.2 Where configured, a head office or network administrator may set templates and permissions, view adoption and aggregated performance, and access workspace information permitted by the agreement and applicable notices. Local offices remain responsible for their own users, content, clients and legal obligations unless the negotiated agreement allocates responsibility differently.

16.3 No franchise, partnership, agency, employment or joint venture is created between Properti and Customer or between Customer organisations merely by use of the Services.

16.4 A separately negotiated enterprise or franchise agreement remains in force unless validly varied, renewed or replaced in writing.

17. Privacy and data processing

17.1 Each party must comply with applicable privacy and data protection laws. The Properti Privacy Policy explains how Properti handles personal information for its own purposes.

17.2 When Properti processes personal information in Customer Content only on Customer instructions, Customer is responsible for the lawful basis, notices, consents, accuracy and instructions and Properti will process the information to provide the Services, maintain security, follow documented instructions and comply with law. A signed data processing addendum prevails for that processing.

17.3 Customer must not use the Services to collect or process personal information in a manner that is unfair, intrusive, misleading or unlawful, including by uploading contact lists without appropriate permission or using profiles for unlawful discrimination.

18. Confidentiality

18.1 Each recipient must protect the other party confidential information using at least reasonable care and use it only for the agreement. Confidential information excludes information that is public without breach, already lawfully known, independently developed or lawfully received without restriction.

18.2 A recipient may disclose confidential information to personnel, professional advisers and subcontractors who need it and are bound by appropriate obligations, or where law requires disclosure after giving notice where lawful.

18.3 Public information lawfully used for Grader or the Digital Visibility Index is not confidential merely because it relates to Customer.

19. Security, availability and support

19.1 Properti will maintain reasonable administrative, technical and organisational safeguards appropriate to the Services and information handled. No system is completely secure or continuously available.

19.2 We may perform maintenance and respond to incidents. Support channels and service levels depend on the plan or negotiated agreement. Status information may be published at status.properti.ai.

19.3 Customer must use reasonable endpoint, identity and access security and cooperate with incident investigation. Each party must promptly notify the other of a security incident materially affecting the other party data or systems.

20. Suspension and termination

20.1 Either party may terminate for material breach if the breach is not remedied within 14 days after written notice, or immediately if the breach cannot be remedied, the other party becomes insolvent, or continued performance would be unlawful.

20.2 Properti may suspend affected access where reasonably necessary to prevent security risk, unlawful activity, material harm, non-payment after notice, or breach of platform rules. We will limit suspension to what is reasonably necessary and give notice and an opportunity to remedy where practicable.

20.3 On expiry or termination, access ends and outstanding amounts become due. At Customer request made before termination or within 30 days after it, Properti will provide a reasonable export of Customer Content in a generally available format where the relevant Service supports export, subject to payment, law and third party restrictions. We may delete remaining Customer Content after that period in accordance with our retention practices.

20.4 Clauses intended by nature to continue, including payment, intellectual property, confidentiality, liability, dispute and general clauses, survive termination.

21. Warranties, consumer rights and disclaimers

21.1 Each party warrants it has authority to enter the agreement. Properti warrants it will provide paid Services with reasonable care and skill.

21.2 Nothing excludes, restricts or modifies a guarantee, warranty, condition, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law or New Zealand Consumer Guarantees Act where applicable.

21.3 Subject to clause 21.2, the Services, public data, scores, rankings, Output and Third Party Services are provided as available. Properti does not warrant uninterrupted or error-free operation, any particular commercial result, or that public or third party data is complete or current.

21.4 If Services are acquired for business purposes in New Zealand, the parties agree the Consumer Guarantees Act 1993 does not apply to the maximum extent that contracting out is lawful and fair and reasonable.

22. Liability

22.1 To the maximum extent permitted by law, neither party is liable for indirect, consequential or special loss, or for lost profit, revenue, goodwill, opportunity or anticipated savings, except to the extent the loss is a direct and reasonably foreseeable result of the breach.

22.2 Subject to clauses 22.3 and 22.4, each party aggregate liability arising from the agreement is limited to the fees paid or payable for the affected Services in the 12 months before the event giving rise to liability. For a free Service, Properti aggregate liability is limited to AUD 100.

22.3 The cap in clause 22.2 does not apply to fraud, wilful misconduct, death or personal injury caused by negligence, Customer payment obligations, infringement or misappropriation of the other party intellectual property, or liability that cannot lawfully be limited.

22.4 Where a non-excludable guarantee applies and law permits limitation, Properti liability is limited, at its option, to resupplying the services or paying the cost of having them resupplied.

23. Indemnities

23.1 Customer indemnifies Properti against third party claims and reasonable resulting loss to the extent caused by Customer Content, Customer advertising or communications, Customer unlawful use, or Customer breach of clause 6, 9, 13 or 14, except to the extent caused by Properti breach, negligence or wilful misconduct.

23.2 Properti indemnifies Customer against a third party claim that Customer authorised use of a paid Service infringes that third party intellectual property right. Properti may procure continued use, modify or replace the affected Service, or terminate it and refund prepaid fees for the unused period. This does not apply to Customer Content, combinations not supplied by Properti, unauthorised use or continued use after notice.

23.3 The indemnified party must promptly notify the indemnifying party, permit control of the defence and settlement, and provide reasonable cooperation. A settlement may not admit fault or impose non-monetary obligations on the indemnified party without its consent.

24. Changes to these Terms

24.1 We may update these Terms for legal, security, product or operational reasons. We will publish the updated Terms and state the update date.

24.2 For a material change affecting an existing paid Customer, we will generally give at least 30 days notice where practicable. A change required urgently for law, security or abuse prevention may take effect sooner.

24.3 If Customer reasonably objects to a material change that substantially disadvantages it, Customer may notify us before the change takes effect. We will work in good faith to address the concern; if we cannot, Customer may terminate the affected subscription and receive a pro rata refund of prepaid fees for the unused period. This clause does not apply to a change expressly accepted in an Order Form or negotiated agreement.

25. Disputes, governing law and notices

25.1 Before starting court proceedings, a party must give written details of the dispute and senior representatives must try in good faith for at least 20 business days to resolve it. This does not prevent urgent injunctive relief or a claim that would become time barred.

25.2 If Customer principal place of business is in New Zealand, New Zealand law governs and New Zealand courts have non-exclusive jurisdiction. Otherwise, Queensland law and applicable Commonwealth law govern and Queensland courts have non-exclusive jurisdiction. Mandatory local consumer or small business rights are preserved.

25.3 Notices to Properti must be sent to support@properti.ai and, for formal legal notices, to Properti Tech Pty Ltd at its business address published on properti.ai/contact. Privacy requests should be sent to privacy@properti.ai. Notices to Customer may be sent to the account or billing email or through the Service.

25.4 Email notices are received on the next business day after sending unless the sender receives a delivery failure. A notice displayed in the Service is received when the account administrator next signs in, provided material contractual notices are also emailed where practicable.

26. Transition and existing agreements

26.1 These Terms apply to new Customers when accepted. For existing Customers on standard online terms, Properti may introduce these Terms on renewal or after valid notice, subject to existing contractual rights and applicable law.

26.2 These Terms do not automatically override a separately negotiated enterprise, corporate or franchise agreement. That agreement remains in force unless validly varied, renewed or replaced.

26.3 If a notice period or consent is required to transition an existing Customer, the previous terms continue until the transition lawfully takes effect.

27. General terms

27.1 Neither party may assign the agreement without the other written consent, not to be unreasonably withheld, except to an affiliate or in connection with a genuine merger, reorganisation or sale of substantially all relevant business or assets, provided the assignee can perform the agreement.

27.2 Neither party is liable for delay caused by events beyond reasonable control, excluding payment obligations. The affected party must take reasonable steps to minimise impact.

27.3 The parties are independent contractors. No waiver is effective unless clear and specific. If a provision is unenforceable, it is severed or read down to the minimum extent necessary and the remainder continues.

27.4 The agreement is the entire agreement about its subject and may be executed or accepted electronically. A person who is not a party has no right to enforce it except as expressly stated.

Schedule 1. Product specific terms

S1.1 Marketing OS and automation

Customer controls enabled channels, triggers, audiences, approval settings and publishing permissions. Automations may act when source data changes. Customer must test workflows, keep source data accurate, monitor results and maintain an appropriate human approval process for higher-risk content or spend.

S1.2 Social and content publishing

Customer authorises Properti to publish approved content to connected accounts. Platform outages, token expiry, policy review and API limits may delay or prevent publication. Customer must maintain account permissions and verify time-sensitive posts.

S1.3 Grader profile claims

A person claiming a profile must provide accurate information and may be asked to verify identity or association. Claiming a profile does not confer ownership of public facts, Digital Visibility Index methodology, comparative data or rankings.

S1.4 Messaging

Customer is the sender of review requests, campaigns and other communications created for Customer. Customer must maintain evidence of consent or another lawful permission, identify itself accurately, honour opt-outs promptly and comply with the Australian Spam Act 2003 and New Zealand Unsolicited Electronic Messages Act 2007 where applicable.

S1.5 Contact

Properti Tech Pty Ltd, ABN 90 635 062 029, ACN 635 062 029.
Support: support@properti.ai
Privacy: privacy@properti.ai
Website: https://www.properti.ai