Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Housyy AI TECH (ABN 27 862 510 788) (“Housyy”, “we”, “our”, or “us”) governing your access to and use of the Housyy platform, including the website at housyy.com.au, the Housyy mobile application, and all related services (collectively, the “Platform”).

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and policies referenced herein. If you do not agree to these Terms, do not use the Platform.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

2. Key Definitions

• “Content” means any text, images, photographs, data, listings, valuations, staging outputs, or other materials uploaded, generated, or displayed on or through the Platform.
• “Sell Hub” means the Platform’s functionality enabling property owners and landlords to list, market, and sell or rent properties.
• “Buy Hub” means the Platform’s functionality enabling property buyers and renters to search, discover, and engage with property listings.
• “Developer Hub” means the Platform’s functionality designed for property developers and marketers to manage listings, pipelines, and buyer insights.
• “AI Tools” means the artificial intelligence features of the Platform, including but not limited to AI Valuation, AI Staging, Smart Photography, Data Bridge matching, and AI Match Scoring.
• “Subscription” means a paid plan or package purchased by a User to access specific Platform features.
• “User Content” means any Content that Users upload, submit, or transmit through the Platform.

3. Eligibility

To use the Platform, you must:

• Be at least 18 years of age.
• Be capable of forming a legally binding contract under Australian law.
• Not be prohibited from using the Platform under any applicable law or regulation.
• Provide accurate, current, and complete registration information.

If you are a property developer, you must hold all necessary licences and registrations required in your state or territory of operation.

4. Account Registration and Security

You must register for an account to access certain features of the Platform. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Keep your login credentials confidential and not share them with any third party.
• Notify us immediately of any unauthorised access to or use of your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or are used for fraudulent purposes.

5. Platform Services

5.1 Sell Hub

The Sell Hub provides tools and workflows enabling property owners and landlords to list properties for sale or rent. Features include AI-driven valuation, virtual staging, guided photography, listing creation, negotiation management, and access to document templates. Users are responsible for the accuracy of all property information and listing content they provide.

5.2 Buy Hub

The Buy Hub enables buyers and renters to search and discover properties using AI-powered matching. The Platform provides match scores and expanded search suggestions. These are algorithmic recommendations and should not be the sole basis for any property decision.

5.3 Developer Hub

The Developer Hub provides workspace tools for property developers and marketers, including listing management, off-market pipeline management, CRM, buyer insights, and the full AI toolset. Developers are responsible for ensuring their listings comply with all applicable laws, including Australian Consumer Law, the National Construction Code, and relevant state/territory legislation.

5.4 AI Data Bridge

The Data Bridge is a matching engine that connects supply (sellers, landlords, developers) with demand (buyers, renters) across the Platform. Matching is algorithmic and based on stated preferences, property attributes, and behavioural signals. Housyy does not guarantee the accuracy or completeness of any match.

6. Fees and Payment

6.1 Pricing

Current pricing for Platform subscriptions and services is displayed on the Platform. Prices are in Australian Dollars (AUD) and include GST unless otherwise stated. We reserve the right to change our pricing at any time, with notice provided to existing subscribers.

6.2 Payment Terms

Payments are processed through our third-party payment provider. By providing payment information, you authorise us to charge the applicable fees. All fees are non-refundable except as expressly set out in these Terms or as required by Australian Consumer Law.

6.3 Refund Policy

Refunds may be provided at our discretion where:

• The Platform fails to provide the service described in your Subscription due to a technical failure on our part.
• You are entitled to a remedy under the Australian Consumer Law (see Section 16).

Refund requests must be submitted within 14 days of the relevant charge. We will assess each request on its merits and respond within 10 business days.

7. User Content

7.1 Ownership

You retain ownership of all User Content you upload to the Platform. By uploading User Content, you grant Housyy a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, adapt, publish, display, and distribute your User Content solely for the purposes of operating, promoting, and improving the Platform. This licence terminates when you delete your User Content or close your account, except where the Content has been shared with other users or is required to be retained by law.

7.2 User Representations

By uploading User Content, you represent and warrant that:

• You own or have the necessary rights, licences, and permissions to upload and share the Content.
• The Content is accurate, not misleading, and does not violate any applicable law.
• The Content does not infringe any third party’s intellectual property rights, privacy rights, or other rights.
• Property photographs and descriptions accurately represent the property.
• Listing information complies with all applicable property marketing regulations in your state or territory.

7.3 Prohibited Content

You must not upload Content that:

• Is false, deceptive, or misleading (including misleading property descriptions or manipulated images that misrepresent a property’s condition).
• Infringes any intellectual property right, including copyright, trademark, or patent.
• Contains personal information of third parties without their consent.
• Is defamatory, obscene, harassing, threatening, or otherwise objectionable.
• Contains malware, viruses, or other harmful code.
• Violates any applicable law, including the Australian Consumer Law, Anti-Discrimination Act 1977, or Fair Trading legislation.

8. Intellectual Property

8.1 Housyy’s IP

The Platform, including its design, source code, algorithms, AI models, Data Bridge technology, trademarks (including the Housyy name and logo), trade dress, and all proprietary technology, is owned by or licensed to Housyy and is protected by Australian and international intellectual property laws, including the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), and the Designs Act 2003 (Cth).

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purposes in accordance with these Terms. You may not:

• Copy, modify, distribute, sell, or lease any part of the Platform.
• Reverse engineer, decompile, or attempt to extract the source code of the Platform or any AI models.
• Use automated tools (scrapers, bots, crawlers) to extract data from the Platform without our prior written consent.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Platform.
• Use the Housyy brand, trademarks, or logo without prior written approval.

8.2 AI-Generated Content

Content generated by AI Tools (including valuations, staging images, photography edits, and marketing copy) is produced for your use in connection with the Platform. You may use AI-generated content for your property listing and marketing activities. However:

• Housyy retains all rights in the underlying AI models, algorithms, and technology.
• AI-generated content may not be used to train competing AI models or for any purpose unrelated to your legitimate use of the Platform.
• You acknowledge that AI-generated content may also be similar to content generated for other users, and you do not acquire exclusive rights in AI outputs.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant Housyy an unrestricted, irrevocable, perpetual, royalty-free licence to use such feedback for any purpose without obligation or compensation to you.

9. AI Tools — Important Disclaimers

The following disclaimers apply to all AI Tools provided on the Platform:

9.1 AI Valuations

AI valuations are algorithmic estimates based on available data, including comparable sales, market trends, and property attributes. They are NOT formal property appraisals, sworn valuations, or substitutes for a valuation conducted by a certified practising valuer registered under the relevant state or territory legislation. AI valuations should not be solely relied upon for any financial, investment, or legal decision. We strongly recommend obtaining an independent professional valuation before making any property transaction.

9.2 AI Staging and Photography

AI staging generates digitally enhanced or virtually staged images. These images are illustrative representations and do not constitute a warranty as to the actual condition, furnishing, or appearance of the property. Users must ensure that any AI-staged images used in listings are clearly disclosed as virtually staged, in accordance with applicable property advertising regulations and the Australian Consumer Law.

9.3 AI Match Scoring

AI Match Scores are algorithmic indicators of potential compatibility between a buyer/renter profile and a property listing. They do not constitute a recommendation, endorsement, or guarantee of suitability.

9.4 No Professional Advice

Nothing on the Platform constitutes legal, financial, investment, tax, accounting, or real estate advice. The Platform is a technology tool. You should seek independent professional advice before entering into any property transaction.

10. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law.
• Engage in fraudulent, deceptive, or misleading conduct.
• Post fictitious or sham property listings.
• Attempt to manipulate AI valuations, match scores, or other algorithmic outputs.
• Circvent, disable, or otherwise interfere with security features of the Platform.
• Use the Platform to harvest or collect personal information of other users.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Interfere with, disrupt, or place an unreasonable load on the Platform’s infrastructure.
• Use the Platform to engage in anti-competitive conduct or collusion.
• Engage in discriminatory listing practices that violate anti-discrimination laws.
• Use the Platform to launder money or facilitate proceeds of crime.

11. Third-Party Services and Links

The Platform may integrate with or link to third-party services, including payment processors, mapping services, data providers, and conveyancing platforms. These third-party services are governed by their own terms and privacy policies. Housyy is not responsible for the availability, accuracy, or quality of third-party services and disclaims all liability arising from your use of them.

12. Privacy

Your use of the Platform is also governed by our Privacy Policy, available at housyy.com.au/privacy. The Privacy Policy explains how we collect, use, disclose, and protect your personal information in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

13. Limitation of Liability

13.1 No Liability for Transactions

Housyy is a technology platform. We are not a party to any property sale, purchase, lease, or rental transaction. We do not act as a real estate agent, property manager, valuer, conveyancer, or financial adviser. We are not responsible for the conduct of any user or the outcome of any transaction facilitated through the Platform.

13.2 Limitation

To the maximum extent permitted by law, Housyy’s total aggregate liability to you for any claims arising out of or relating to these Terms or the Platform is limited to the greater of:

• The total fees paid by you to Housyy in the 12 months preceding the claim; or
• AUD $500.

13.3 Exclusion of Consequential Loss

To the maximum extent permitted by law, Housyy is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of data, or property damage, regardless of the cause of action or theory of liability.

13.4 Exceptions

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by any legislation which cannot lawfully be excluded or limited. This includes the Australian Consumer Law. If any such legislation applies, then to the extent permitted, our liability is limited to (at our option): resupply of the services, or payment of the cost of having the services resupplied.

14. Indemnification

You agree to indemnify, defend, and hold harmless Housyy, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of or conduct on the Platform.
• Your breach of these Terms.
• Your violation of any applicable law or the rights of any third party.
• Any User Content you upload, submit, or transmit through the Platform.
• Any property transaction you enter into through or in connection with the Platform.

15. Termination

15.1 By You

You may close your account at any time by contacting us or through the Platform’s account settings. Closure does not entitle you to a refund of any pre-paid fees, except as required by Australian Consumer Law.

15.2 By Housyy

We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or the Platform.

15.3 Effect of Termination

Upon termination: your right to use the Platform ceases immediately; any active listings will be removed; we may retain your data as required by law and as set out in our Privacy Policy; provisions that by their nature should survive termination will survive, including Sections 7 (User Content licences granted), 8 (Intellectual Property), 9 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 17 (Dispute Resolution).

16. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms is intended to exclude, restrict, or modify consumer guarantees under the Australian Consumer Law. If our services fail to comply with a consumer guarantee, you may be entitled to a remedy including a refund, compensation, or resupply of the services.

For consumer guarantee claims, please contact us at support@housyy.com.au.

17. Dispute Resolution

17.1 Informal Resolution

If you have a dispute with Housyy, you agree to first contact us and attempt to resolve the dispute informally within 30 days.

17.2 Mediation

If the dispute cannot be resolved informally, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) in Melbourne, Victoria, before commencing any court proceedings.

17.3 Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Housyy regarding the Platform.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

18.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, telecommunications failures, or cyberattacks.

18.6 Notices

We may provide notices to you by email (to the address associated with your account), by posting on the Platform, or by other reasonable means. You may provide notices to us at the contact details in Section 19.

19. Contact Us

For any questions or concerns about these Terms: