Terms of Service

Sidekick Agent Last updated: [DATE] Effective: [DATE]

Before publishing: Replace every [PLACEHOLDER] with your actual details. Have the liability cap in Section 12, the IP provisions in Section 9, and the data ownership provisions in Section 10 reviewed by an Australian solicitor before going live. The ACL consumer guarantee provisions (noted throughout) cannot be excluded and any clause that attempts to do so is void.

1. Agreement

These Terms of Service ("Terms") govern your access to and use of the Sidekick Agent platform and related services (the "Service") provided by [YOUR FULL LEGAL ENTITY NAME] (ABN [YOUR ABN]) ("Sidekick Agent", "we", "us", "our").

By creating an account or completing a subscription, you agree to these Terms. If you are signing up on behalf of an agency or team, you represent that you have authority to bind that entity and that "you" refers to that entity.

These Terms are governed by the laws of Victoria, Australia.

2. The Service

Sidekick Agent is a professional workspace for Australian residential real estate selling agents. It provides campaign management, DISC-aware coaching, evidence-based listing tools, track record management, and related features as described at [YOUR DOMAIN] and detailed in your subscription plan.

We reserve the right to update, improve, or remove features of the Service with reasonable notice. We will not remove a feature that is material to your use of the Service without giving you at least 30 days' notice and an option to cancel without penalty.

3. Subscriptions and Payment

3.1 Plans and pricing

The Service is available on three tiers: Agent (1 seat), Team (up to 3 seats), and Agency (up to 10 seats). Current pricing is published at [YOUR DOMAIN/pricing]. All prices are shown excluding GST; 10% Australian GST is added at checkout for Australian businesses.

3.2 No free trial

There is no free trial. Access to the Service requires an active paid subscription.

3.3 Billing

Subscriptions are billed monthly or annually in advance, depending on the plan you select at checkout. Payment is processed by Stripe. By providing payment details, you authorise us to charge your payment method on a recurring basis at the then-current subscription rate.

3.4 Failed payments

If a payment fails, we will attempt to collect payment again and notify you by email. If payment cannot be collected within [7 days], we may suspend your access to the Service until payment is resolved.

3.5 Price changes

We may change subscription pricing with at least 30 days' written notice to your registered email address. If you do not wish to continue at the new price, you may cancel before the new rate takes effect and your cancellation will be treated as if the price change had not occurred.

3.6 GST

Sidekick Agent is registered for GST. Tax invoices are issued automatically via Stripe and are available from your billing portal.

4. Cancellation and Refunds

Please read our Cancellation and Refund Policy (a separate document), which forms part of these Terms.

Summary: monthly subscriptions can be cancelled at any time. Annual subscriptions can be cancelled at any time with the remainder of the annual period remaining accessible. Nothing in these Terms limits any consumer guarantee rights you may have under the Australian Consumer Law.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

Use the Service in any way that violates Australian law, including the Privacy Act 1988 (Cth), the Estate Agents Act 1980 (Vic), or the Australian Consumer Law.
Input false, inaccurate, or misleading information into the Service, including information that could constitute underquoting under Victorian law.
Use the Service to conduct or facilitate conduct that would constitute misleading or deceptive conduct under the ACL.
Attempt to gain unauthorised access to any other user's account or data.
Use the Service to send unsolicited commercial communications in breach of the Spam Act 2003 (Cth) or to contact individuals listed on the Do Not Call Register in breach of the Do Not Call Register Act 2006 (Cth).
Resell, sublicense, or provide access to the Service to any person outside your subscription's included seats.
Reverse engineer, decompile, or attempt to extract the source code of any part of the Service.
Use the Service to develop a competing product.

We reserve the right to suspend or terminate your account for material breach of this section.

6. Account Responsibilities

You are responsible for:

Keeping your login credentials secure and confidential.
All activity that occurs under your account.
Ensuring that all users on your team or agency subscription comply with these Terms.
Notifying us promptly at [YOUR CONTACT EMAIL] if you become aware of any unauthorised use of your account.

7. Team and Agency Subscriptions

7.1 The principal owns the data

On Team and Agency plans, the account is owned by the subscribing principal (the account holder). Client data, campaign data, contacts, and track record data entered by all seats under the subscription belong to the principal's account, not to the individual seat holder. If a seat holder leaves your team or agency, their access is revoked but the data remains in the principal's account.

7.2 Seat management

You may invite, manage, and remove seat holders through the Service. Removing a seat holder revokes their access. It does not delete the data they entered.

7.3 Seat limits

Your subscription includes the number of seats published for your tier. If you exceed the seat limit, we may ask you to upgrade your plan or remove excess users.

8. Confidentiality — The Coaching Method

The Evidence Ladder method, DISC-aware coaching framework, and all related coaching logic embedded in the Service are proprietary to Sidekick Agent. You may use these to support your own practice but you may not teach, resell, licence, publish, or otherwise commercialise the method or its outputs.

9. Intellectual Property

9.1 Our IP

The Service, including its software, design, coaching logic, evidence framework, and all content we create, is owned by Sidekick Agent and is protected by Australian copyright and intellectual property law. These Terms grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal professional purposes during an active subscription.

9.2 Your IP and your data

You own all data you input into the Service — your campaigns, contacts, track record, and client information. We claim no intellectual property rights over your data. We process it only to provide the Service to you.

We do not copy, replicate, mine, aggregate for resale, or claim ownership of your contacts or client records for our own purposes. The only data we use at a platform level is aggregated, fully de-identified usage information that cannot be re-identified to any individual, as described in our Privacy Policy. On Team and Agency plans, the agency principal who owns the subscription may access the data entered by seats under that subscription, as set out in Section 7 — this is the only access to your data permitted beyond your own, and no other user can see it.

10. Your Data — Portability and Deletion

10.1 Export

You may export all of your data at any time using the one-click data export feature. Exports are provided in JSON format.

10.2 Deletion on cancellation

On cancellation, your data is retained for 30 days during which you can export it. After 30 days, it is permanently deleted. See our Privacy Policy for full details.

10.3 Data we do not hold

We do not hold, and have no obligation to recreate, data that was not exported before deletion.

11. Availability

We aim to provide a reliable Service but we do not guarantee uninterrupted or error-free availability. We will use reasonable efforts to notify you in advance of planned maintenance.

12. Limitation of Liability

[REVIEW with solicitor before publishing — this is the most legally sensitive section.]

12.1 ACL consumer guarantees

Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited. If the ACL applies and permits limitation, our liability for a failure to comply with a consumer guarantee is limited to: (a) re-supplying the Service; or (b) paying the cost of having the Service re-supplied.

12.2 Limitation for other claims

To the extent permitted by law, and excluding liability that cannot be limited under the ACL:

Our total aggregate liability to you for any claim arising out of or in connection with the Service or these Terms is limited to the total subscription fees you paid to us in the 12 months preceding the claim.
We are not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including lost profits, lost data, loss of goodwill, or missed listings, however caused and whether in contract, tort, statute, or otherwise.

[REVIEW NOTE]: The B2B ACL limitation of liability provisions (s64A of the ACL, Competition and Consumer Act 2010, Schedule 2) allow limitation of guarantees for services supplied for business purposes. Your solicitor should confirm the applicable thresholds and whether the "business purpose" characterisation applies cleanly to your user base, given recent 2023 amendments to the ACL's unfair contract terms regime.

12.3 Your acknowledgment

You acknowledge that:

Sidekick Agent is a professional tool that assists your practice; all listing decisions, pricing recommendations, and client advice remain your professional responsibility.
The coaching output of the Service does not constitute legal, financial, or real estate valuation advice.
Compliance with the Estate Agents Act 1980 (Vic), underquoting regulations (Consumer Affairs Victoria), REIV standards, and all applicable law is your professional responsibility as a licensed agent.

13. Indemnification

You agree to indemnify and hold Sidekick Agent harmless from any claim, loss, damage, or cost (including reasonable legal fees) arising from:

Your breach of these Terms.
Your breach of any applicable law, including real estate legislation and the Privacy Act, in connection with your use of the Service.
Any claim by your clients arising from your conduct or advice.

14. Termination

14.1 By you

You may cancel your subscription at any time via the billing portal. Cancellation takes effect at the end of the current billing period (monthly) or current plan period (annual).

14.2 By us

We may suspend or terminate your access immediately if:

You materially breach these Terms and fail to remedy the breach within 14 days of written notice.
You use the Service in a way that poses a security risk or legal liability to us or other users.
You are insolvent, bankrupt, or enter administration.

We may terminate the Service generally on 60 days' written notice to all subscribers. In that event, we will refund any prepaid subscription fees for the unused period.

14.3 Effect of termination

On termination, your access is revoked. Your data is retained for 30 days as described in Section 10.2. Sections 8, 9, 12, 13, and 15 survive termination.

15. Disputes

We would genuinely prefer to resolve any dispute directly. Contact us first at [YOUR CONTACT EMAIL]. If we cannot resolve a dispute within 30 days, it may be referred to:

Mediation through a mutually agreed mediator; or
The courts of Victoria, Australia.

You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal courts of Australia sitting in Victoria.

16. General

Entire agreement. These Terms, together with the Privacy Policy and Cancellation and Refund Policy, constitute the entire agreement between you and us regarding the Service.

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

No waiver. Failure to enforce any provision of these Terms is not a waiver of that provision.

Assignment. You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations with 30 days' notice to you.

Notices. Notices to you will be sent to your registered email address. Notices to us should be sent to [YOUR CONTACT EMAIL].

17. Changes to These Terms

We may update these Terms. We will give you at least 30 days' written notice of material changes. Your continued use of the Service after the effective date of the change constitutes acceptance. If you do not accept the change, you may cancel before the effective date with a full refund of any prepaid fees for the unused period.

18. Contact

[YOUR FULL LEGAL ENTITY NAME] ABN [YOUR ABN] [YOUR ADDRESS], Victoria, Australia [YOUR CONTACT EMAIL]

Sidekick Agent provides tools, not legal or valuation advice. Underquoting, Statements of Information, and authority forms remain the agent’s responsibility under Victorian law. The app flags uncertainty rather than asserting compliance. (SPEC §16)