1. Acceptance of Terms
By accessing or using the PropAlly website, mobile application, and related services (the "Service"), you agree to be bound by these Terms of Service. PropAlly Pty Ltd (ABN pending) reserves the right to modify these Terms at any time with notice.
2. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements.
3. Account Registration
- You must provide accurate, current, and complete information during registration.
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activity that occurs under your account.
- You must notify us immediately of any unauthorised use of your account.
- We reserve the right to suspend or terminate accounts that violate these Terms.
4. Use of the Service
Permitted Use
The Service is provided for lawful property management purposes. You may use the Service to manage your rental properties, track compliance, generate reports, and perform related activities.
Prohibited: Unlawful use
Use the Service for any unlawful purpose or in violation of any applicable laws.
Prohibited: Unauthorised access
Attempt to gain unauthorised access to the Service or its related systems.
Prohibited: Disruption
Interfere with or disrupt the Service or servers, upload malicious code, or scrape data without permission.
Prohibited: Impersonation
Impersonate another person or entity, send spam, or resell the Service without prior written consent.
5. Subscriptions & Payments
Plans & Billing
Certain features require a paid subscription. Plans are offered on monthly or annual billing terms; the exact title, length (period), price, and price-per-unit (where applicable) are shown on the in-app paywall and on propally.com.au/pricing before you purchase. All fees are in Australian Dollars (AUD) unless otherwise stated.
Auto-renewal (web purchases via Stripe)
Subscriptions purchased through our website automatically renew at the price shown until cancelled. Cancel any time from Profile → Billing in the app, or from the Stripe-hosted billing portal.
Auto-renewal (App Store purchases via Apple)
Subscriptions purchased through the iOS app auto-renew at the price shown unless cancelled at least 24 hours before the end of the current billing period. Manage or cancel in your Apple ID account settings (Settings → [your name] → Subscriptions on iOS). Any unused portion of a free trial is forfeited when you purchase a paid plan.
Auto-renewal (Google Play purchases)
Subscriptions purchased through Google Play auto-renew at the price shown unless cancelled before the renewal date. Manage or cancel in Google Play → Subscriptions.
Refunds
For web purchases we offer a 14-day money-back guarantee for new subscriptions; after this period fees are non-refundable except as required by Australian Consumer Law. For App Store purchases all refund requests are handled by Apple under their refund policy (https://support.apple.com/en-au/HT204084). For Google Play purchases all refund requests are handled by Google.
Price Changes
We may change subscription prices with at least 30 days' notice. Changes apply to the next billing cycle. For App Store and Google Play purchases, the platform will request your consent to a price increase before applying it where their policies require this.
6. Your Data
Ownership
You retain ownership of all data you upload. We use it solely to provide the Service.
Data Export
You may export your data at any time. Upon termination, data is retained for 90 days then permanently deleted.
Privacy
Our collection and use of personal information is governed by our Privacy Policy.
7. Intellectual Property
The Service, including its design, features, code, trademarks, logos, and content (excluding Your Content), is owned by PropAlly and protected by Australian and international intellectual property laws.
8. AI-Powered Features
The Service includes features powered by artificial intelligence. You acknowledge that:
- AI Features provide suggestions and should not be relied upon as professional legal, financial, or property advice.
- AI-generated outputs may contain errors and should be reviewed by qualified professionals.
- You are responsible for verifying the accuracy of any AI-generated content before relying on it.
9. Disclaimer of Warranties
To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified.
10. Limitation of Liability
- PropAlly's total liability is limited to the amount you paid in the 12 months preceding the claim.
- We are not liable for any indirect, incidental, special, consequential, or punitive damages.
11. Indemnification
You agree to indemnify, defend, and hold harmless PropAlly and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.
12. Termination
We may suspend or terminate your access at any time upon reasonable notice. You may terminate your account at any time through your account settings. Upon termination, your data is retained for 90 days then permanently deleted.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of Queensland, Australia. Disputes will be resolved through:
- 1Good faith negotiation between the parties
- 2Mediation administered by the Resolution Institute
- 3If mediation fails, the courts of Queensland shall have exclusive jurisdiction
14. Apple App Store and Mobile Platform Terms
If you obtained the PropAlly mobile app from the Apple App Store, the following additional terms apply (Apple's "Licensed Application End User License Agreement" baseline, adapted). They also apply, with the platform name substituted, to copies obtained from the Google Play Store.
Agreement is between you and PropAlly
These Terms are concluded between you and PropAlly Pty Ltd only, and not with Apple or Google. PropAlly (not Apple, not Google) is solely responsible for the app and its content.
Scope of licence
The licence granted to you for the PropAlly app is a non-transferable licence to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms (or the equivalent Google Play terms). You may not share or redistribute the app.
Maintenance and support
PropAlly is solely responsible for providing any maintenance and support services. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the app.
Warranty
PropAlly is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you (if obtained from the App Store); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PropAlly's sole responsibility.
Product claims
PropAlly, not Apple or Google, is responsible for addressing any user or third-party claims relating to the app or your possession and/or use of the app, including: (i) product liability claims; (ii) claims that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with HealthKit / HomeKit (PropAlly does not use these).
Intellectual property rights
In the event of any third-party claim that the app or your possession and use of the app infringes that third party's intellectual property rights, PropAlly, not Apple or Google, will be solely responsible for the investigation, defence, settlement, and discharge of any such infringement claim.
Legal compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer name and address
PropAlly Pty Ltd, Brisbane, Queensland, Australia. Contact: support@propally.com.au.
Third-party terms of agreement
You must comply with applicable third-party terms of agreement when using the app (for example, your wireless data service agreement).
Third-party beneficiary
Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. The same applies to Google with respect to Google Play purchases.
15–16. Severability & Entire Agreement
If any provision is found invalid, the remaining provisions continue in full force. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and PropAlly.
17. Contact Us
If you have questions about these Terms, please contact us:
📧 support@propally.com.au
📍 Brisbane, Queensland, Australia