Terms of Service

2.1 Binding Agreement

By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by this Agreement. This Agreement constitutes a legally binding contract between you and Arqelo.

2.2 Eligibility

To use the Platform, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Services under Australian law or any other applicable jurisdiction
• Reside in Australia (our Services are designed for the Australian property market)

2.3 Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent notice on the Platform at least 30 days before they take effect. Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms.

3.1 What Arqelo Provides

Arqelo is a property intelligence platform that provides:

• Life Compass: Goal-setting tools for property investment planning
• Buyer's Brief: Personalised questionnaire to identify your investment criteria
• Suburb Matching: AI-powered recommendations of suburbs matching your criteria
• Property Scanner: Analysis of individual properties with scoring and recommendations
• Portfolio Tracker: Tools to track and analyse your property portfolio
• Investment Forecasting: Projections and scenario modelling
• Gamification: Achievement badges and progress tracking
• Investment Calculators: Borrowing power, cash flow, mortgage, and stamp duty calculators

3.2 Service Availability

We strive to maintain Platform availability but do not guarantee uninterrupted access. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will endeavour to provide notice of planned maintenance where practicable.

3.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Services at any time. For material changes that significantly affect your use, we will provide reasonable notice. We are not liable for any modification, suspension, or discontinuation of Services.

4.1 Account Registration

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access or security breach
• Ensuring your account is used only by you (accounts are non-transferable)

4.3 Account Restrictions

• One account per person unless explicitly authorised
• Business accounts must be registered using authorised business representatives
• You may not share account access with others
• We may suspend or terminate accounts that violate these Terms

5.1 Subscription Plans

We offer various subscription plans with different features and pricing. Current plans and pricing are available on our website. All prices are in Australian Dollars (AUD) and include GST where applicable.

5.2 Billing and Payment

• Payments are processed securely through Stripe
• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• You authorise us to charge your payment method for all fees incurred
• Failed payments may result in suspension of access until payment is received

5.3 Free Trials

We may offer free trials at our discretion. At the end of a trial, you will be automatically charged for the selected subscription unless you cancel before the trial ends. Trial terms will be specified at the time of offer.

5.4 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial billing periods, except as required by Australian Consumer Law
• We may offer refunds at our discretion for extenuating circumstances

5.5 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes will take effect at the start of your next billing cycle. If you do not agree to a price change, you may cancel before it takes effect.

6.1 Permitted Use

You may use the Platform only for:

• Personal property research and investment planning
• Managing your own property portfolio
• Accessing information to support your investment decisions
• Any other purpose expressly permitted by these Terms

6.2 Prohibited Activities

You agree NOT to:

• Use the Platform for any unlawful purpose or in violation of any laws
• Scrape, crawl, or use automated systems to extract data from the Platform
• Reverse engineer, decompile, or disassemble any part of the Platform
• Attempt to gain unauthorised access to any systems or accounts
• Interfere with or disrupt the Platform or its servers
• Share your account credentials or allow others to access your account
• Resell, redistribute, or commercially exploit the Platform or its data without authorisation
• Use the Platform to compete with Arqelo or develop competing products
• Upload viruses, malware, or other malicious code
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Use the Platform to provide financial, legal, or tax advice to third parties
• Circumvent any access restrictions or security measures

6.3 Enforcement

We reserve the right to investigate suspected violations and take appropriate action, including suspending or terminating your account, reporting illegal activity to authorities, and pursuing legal remedies.

7.1 Our Intellectual Property

The Platform, including all content, features, functionality, software, code, designs, text, graphics, logos, trademarks, and other materials, is owned by Arqelo or our licensors and is protected by Australian and international intellectual property laws.

This includes our proprietary:

• Suburb matching algorithms and scoring methodologies
• Property analysis systems
• Investment forecasting models
• Badge and gamification systems
• User interface designs and user experience

7.2 Limited Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal, non-commercial use. This licence does not include:

• The right to copy, modify, or distribute Platform content
• The right to access the Platform's source code
• The right to use the Platform for commercial purposes without authorisation
• Any ownership rights in the Platform or its content

7.3 Third-Party Content

The Platform includes data from third-party sources (including Domain Group, Australian Bureau of Statistics, and others). This third-party content is subject to separate terms and may be protected by additional intellectual property rights.

8.1 Your Content

You retain ownership of any content you submit to the Platform, including property information, portfolio data, and profile information.

8.2 Licence to Use Your Content

By submitting content to the Platform, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, process, and display your content solely for the purpose of providing and improving our Services. This licence ends when you delete your content or close your account, except for anonymised and aggregated data.

8.3 Your Responsibilities

You represent and warrant that:

• You own or have the necessary rights to submit your content
• Your content does not violate any third-party rights
• Your content is accurate to the best of your knowledge
• Your content does not contain malicious code or harmful material

8.4 Anonymised Data

We may use anonymised, aggregated data derived from your use of the Platform for research, analytics, and service improvement. This data cannot be used to identify you personally.

9.2 No Guarantees

We make no guarantees regarding:

• The accuracy, completeness, or timeliness of property data or market information
• The performance of any property or investment recommended or analysed
• The accuracy of forecasts, projections, or calculations
• Specific investment outcomes or returns

9.3 Third-Party Data

Our Platform incorporates data from third-party sources including Domain Group, government databases, and other providers. We do not guarantee the accuracy of this third-party data and are not responsible for errors or omissions in data provided by third parties.

9.4 Platform Provided "As Is"

To the maximum extent permitted by law, the Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.5 No Warranty of Availability

We do not warrant that the Platform will be uninterrupted, secure, error-free, or free of viruses or other harmful components. We are not responsible for any damage to your device or data that may result from using the Platform.

10.1 Exclusion of Certain Damages

To the maximum extent permitted by law, Arqelo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or data corruption
• Property investment losses
• Costs of procurement of substitute services
• Any other intangible losses

This applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

10.2 Maximum Liability

Our total liability to you for all claims arising from or related to these Terms or your use of the Platform shall not exceed the greater of:

• The amount you paid to us in subscription fees in the 12 months preceding the claim, or
• AUD $100

10.3 Basis of the Bargain

You acknowledge that these limitations of liability reflect a reasonable allocation of risk and are a fundamental element of the basis of the bargain between you and Arqelo. Our Services would not be provided without these limitations.

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account settings in the Platform. Upon termination, your right to use the Platform will immediately cease.

12.2 Termination by Us

We may suspend or terminate your account and access to the Platform:

• If you breach any provision of these Terms
• If you fail to pay any fees when due
• If we are required to do so by law
• If we discontinue the Platform or Services
• For any other reason at our sole discretion, with reasonable notice

12.3 Effect of Termination

Upon termination:

• Your licence to use the Platform terminates immediately
• You remain liable for any fees incurred before termination
• Sections of these Terms that by their nature should survive will survive (including Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution)
• You may request a copy of your data within 30 days of termination

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to conflict of law principles.

13.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@arqelo.com to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days of receiving notice.

13.3 Mediation

If informal resolution fails, either party may refer the dispute to mediation administered by the Resolution Institute (formerly LEADR & IAMA) under its mediation rules. The mediation will take place in Brisbane, Queensland. Costs will be shared equally unless otherwise agreed or ordered.

13.4 Jurisdiction

If mediation fails, the courts of Queensland, Australia, will have exclusive jurisdiction to hear and determine any dispute arising under or in connection with these Terms. You irrevocably submit to the jurisdiction of those courts.

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Arqelo regarding the Platform and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of Arqelo.

15.4 Assignment

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

15.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, government actions, internet or telecommunications failures, or power outages.

15.6 Relationship of Parties

Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and Arqelo.

15.7 Notices

We may provide notices to you via email to the address associated with your account, through the Platform, or by posting on our website. You may provide notices to us at the contact information below.