Terms of Service

1. Agreement and parties

These Terms are a binding agreement between you and PropertyStack Software Pty Ltd (ABN 91 674 505 821; ACN 674 505 821), an Australian proprietary company located in Brisbane, Queensland, Australia ("PropertyStack", "we", "us", or "our"). Correspondence to PropertyStack should be directed to the contact addresses set out in the section "How to contact us". In these Terms, "you" and "Customer" mean the individual or organization that accesses our website or uses our product.

These Terms govern both (a) your use of the PropertyStack marketing website (the "Website"), and (b) your access to and use of the PropertyStack product application at app.mypropertystack.io, together with its features and related services (the "Product"). The Website and the Product are together the "Service".

You accept these Terms when you access the Website, create an account, click to accept, or otherwise use the Service. If you do not agree, do not use the Service.

The following documents are incorporated into and form part of these Terms: our Privacy Policy, our Cookie Policy, our Acceptable Use Policy, and — where you process personal information about your guests, owners, or other end users through the Product — our Data Processing Addendum (the "DPA"). Commercial details (such as your plan, property count, and add-ons) may also be set out in an order form or online sign-up flow (each, an "Order").

Order of precedence. These Terms govern the Website and the Product unless a separate written master agreement signed by both parties applies to the Product. Where there is a conflict, the following order of precedence applies, from highest to lowest: (1) a signed master agreement between the parties; (2) the DPA; (3) an applicable Order; (4) these Terms; and (5) the Privacy Policy, Cookie Policy, and Acceptable Use Policy. A signed master agreement, where one exists, supersedes these Terms for the subject matter it covers.

2. Definitions

• "Service" means the Website, the Product, and all related features and services described in these Terms.
• "Customer Data" means the data, content, and information that you or your Authorized Users submit to, or that is generated through your use of, the Product — including reservation, guest, owner, contractor, messaging, financial, and trust-accounting data.
• "Authorized Users" means the individuals you permit to access the Product under your account, such as your staff, co-hosts, owners, contractors, and guests.
• "End Users" means your guests, property owners, contractors, and other third parties whose personal information you process through the Product.
• "Account Data" means the information used to create and administer your account, such as your name, business details, contact details, and billing information.
• "AI Features" means features that use artificial intelligence or automated agents (for example, AI guest messaging and other agent capabilities), which are metered using AI credits.
• "ACL" means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• "DPA" means our Data Processing Addendum, available on request from legal@propertystack.ai.

3. Your non-excludable rights (Australian Consumer Law)

Our goods and services may come with guarantees that cannot be excluded under the ACL and other applicable consumer protection laws. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by a law that cannot lawfully be excluded or limited. If any provision of these Terms would do so, that provision does not apply to you to that extent.

You may be a "consumer" for the purposes of the ACL even where you acquire the Service for business or professional purposes. Among other things, a person is taken to acquire goods or services as a consumer where the amount paid or payable does not exceed AUD $100,000 (or any higher threshold prescribed from time to time under the ACL), regardless of the business or non-business character of the acquisition. Accordingly, the consumer guarantees under the ACL may apply to your acquisition of the Service, and the statement in the section "Eligibility and authority" that the Product is intended for business use does not limit, and is subject to, any right you have as a consumer under the ACL.

Where the ACL applies and permits us to limit our liability for a failure to comply with a statutory guarantee — that is, where the goods or services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, and where it is fair and reasonable for us to rely on the limitation — our liability for that failure is limited, at our option, to (in the case of services) re-supplying the services or paying the cost of having them re-supplied, and (in the case of goods) replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so.

This section prevails over any inconsistent provision in these Terms, including the disclaimers and limitation of liability below.

4. Eligibility and authority

Business use. The Product is designed and provided for business and professional use, and it is not intended for personal, domestic, or household use. This does not affect any right you may have as a consumer under the ACL, which can apply regardless of the business character of your acquisition — see the section "Your non-excludable rights (Australian Consumer Law)".

Age. You must be at least 18 years old and able to enter into a legally binding contract to use the Service.

Authority to bind. If you use the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, in which case "you" and "Customer" refer to that organization. If you do not have that authority, do not accept these Terms or use the Service.

Your compliance. You are responsible for ensuring that your use of the Service complies with all laws applicable to your business, including short-term-rental, tenancy, taxation, trust-accounting, consumer, payments, anti-money-laundering, and privacy laws in each place where you operate.

5. Accounts and security

To use the Product you must register an account and provide accurate, current, and complete information, and keep it up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Where available, we recommend that you enable multi-factor authentication.

You are responsible for your Authorized Users and for their compliance with these Terms and the Acceptable Use Policy. Their acts and omissions in connection with the Service are treated as your own.

We may require verification of your identity or business before or during your use of certain features. You must notify us promptly at security@propertystack.ai if you become aware of any unauthorized access to or use of your account.

6. The Service and changes

License to use. Subject to these Terms and to payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable right to access and use the Product during your subscription term for your internal business purposes.

What the Product does. PropertyStack is an all-in-one, AI-agent-driven property management platform for short-term and vacation rentals. Its capabilities include guest messaging, multi-calendar and channel management, tasks and maintenance, trust accounting, owner, guest, and contractor portals, a direct booking site, PS Pay card payments, PS Verify guest identity and booking verification, smart-lock integrations, analytics, and upsells.

Changes to the Product. We continually improve the Product and may add, modify, or remove features from time to time. We will not materially reduce the core functionality of your paid plan during a paid term without notice. Features offered on a beta, preview, or early-access basis are provided "as is", may change, and may be withdrawn.

Availability. We aim to keep the Product available but may carry out maintenance and may experience downtime. We do not offer a standalone uptime guarantee under these Terms; a service-level commitment applies only where it is expressly stated in a signed agreement between the parties.

7. Subscriptions, fees, billing, and taxes

Plans and base fee. With monthly billing, Base subscriptions start from AUD $25 per property per month plus GST, and Pro subscriptions start from AUD $44 per property per month plus GST. Annual billing offers a 15% discount: Base starts from AUD $255 per property per year plus GST, equivalent to AUD $21.25 per property per month plus GST; Pro starts from AUD $448.80 per property per year plus GST, equivalent to AUD $37.40 per property per month plus GST. Annual subscriptions are billed annually in advance. Plans are available as Base, Pro, and Partner, with features and services depending on the selected plan. Partner pricing is available on request through sales and is not subject to the advertised annual discount. Your specific plan, billing period, agreed pricing bands, included features and services, fees, and property count are set out in your Order or contract.

Usage-based and add-on charges. Some capabilities are billed only as you use them, in addition to your base fee. These include AI Features, which run on AI credits that you pay for as you use them, and add-ons such as smart locks, dedicated phone numbers, and PS Pay card processing. The figures referred to in these Terms are indicative only; the current price list and billing cadence presented at sign-up and in the Product govern.

Trials and promotions. We do not currently offer a free trial. If we offer a trial or promotional period in future, the specific terms presented to you at sign-up — including how the period ends and whether and how it converts to a paid subscription — will apply.

Taxes and GST. Unless stated otherwise, all prices are in Australian dollars (AUD) and are exclusive of GST and other applicable taxes, duties, and levies, which you are responsible for paying. PropertyStack is registered for GST. Where GST is payable on a supply we make to you, you must pay the GST-exclusive amount plus GST. If you are required by law to withhold any amount, you must gross up the payment so that we receive the full amount due.

Billing and payment. Base subscription fees are charged in advance and usage-based charges (including AI credits and add-ons) in arrears, in each case to the payment method you nominate. By providing a payment method, you authorize us and our payment processor to charge the fees due under your plan and usage on a recurring basis until you cancel.

Auto-renewal and pre-renewal notice. Subscriptions continue until cancelled and renew automatically for successive periods equal to your then-current term unless you cancel before the end of the current period. Where required by law, and in any event as a matter of practice, we will give you reasonable advance notice before a renewal that involves a material change (such as a price increase) takes effect, so that you have a reasonable opportunity to cancel before you are charged for the next period. You can cancel at any time through the Product or as described in your Order, without needing to contact us by any particular method, and cancellation stops the next automatic renewal.

Price changes. We may change our fees. We will give you reasonable prior notice of any increase that affects your plan, and the change will take effect from your next billing cycle or renewal, or as stated in the notice. If you do not accept a price increase, you may cancel before it takes effect.

Late or failed payment. If a payment fails or an amount is overdue, we may retry the charge and may suspend or limit access to the Product until payment is made, without limiting our other rights.

Cancellation. You may cancel your subscription at any time as described in the Product or your Order. Cancellation takes effect at the end of your current paid period, and you retain access until then. Fees already due are payable.

Refunds. Except where required by law, fees are non-refundable and there are no refunds or credits for partial periods or unused capacity. Nothing in this section limits any refund or remedy you are entitled to under the ACL or other law that cannot be excluded — see the section "Your non-excludable rights (Australian Consumer Law)".

8. Customer Data and privacy

Ownership of Customer Data. As between you and us, you own all Customer Data. You grant us a worldwide, non-exclusive license to host, store, process, transmit, and display Customer Data, and to create back-ups, solely to provide, secure, support, and improve the Service and as otherwise described in these Terms, our Privacy Policy, and the DPA.

Our role as controller of Account Data. We act as an independent controller of Account Data — the information used to create and administer your account and to bill you. Our handling of that information is described in our Privacy Policy and is governed by the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and, where applicable, by the EU GDPR, UK GDPR, California CCPA/CPRA, and Canada's PIPEDA.

Our role as processor of End User personal information. When we process personal information about your End Users (such as your guests and owners) on your behalf through the Product, we act as a processor (or, under Australian law, on your behalf), and you are the controller. That processing is governed by our DPA, which you can request as described below and which forms part of these Terms where it applies to you.

Your responsibilities. You are responsible for the lawfulness of the Customer Data and for having a valid legal basis to collect it and to have us process it. You must provide all notices to, and obtain all consents and authorizations from, your End Users that are required for the collection, use, verification, recording, and processing carried out through the Product — including any privacy notices, guest-verification disclosures, and message-recording notices required in the places where you operate.

Aggregated and de-identified data. We may generate and use aggregated or de-identified data derived from use of the Service to operate, secure, analyze, and improve the Service, provided that such data does not identify you, your Authorized Users, or any individual.

AI Features. AI Features generate messages and other output based on the inputs available to them. Output may be inaccurate or incomplete, and you are responsible for reviewing AI-generated communications and decisions before relying on or sending them; the Product is designed so that human oversight is retained for consequential actions. You must not use AI Features as the sole basis for any decision that has legal or similarly significant effects on an individual without appropriate human review. We do not use your Customer Data to train generative AI models for use outside your account except on your instruction or as described in the DPA, and our AI providers process Customer Data solely to provide the Service to us — we do not permit them to use it to train their general-purpose models.

9. Acceptable use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms — see our Acceptable Use Policy. Without limiting that policy, you must not, and must not permit any Authorized User or End User to:

• use the Service in breach of any law, or to infringe or misappropriate any third party's intellectual property, privacy, or other rights;
• send unsolicited or unlawful communications, including in breach of the Spam Act 2003 (Cth) or equivalent anti-spam or telemarketing laws, or without a required consent or unsubscribe facility;
• upload or transmit malware, or attempt to gain unauthorized access to, disrupt, probe, or overload the Service or its infrastructure;
• reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
• resell, sublicense, or make the Product available to any third party except your Authorized Users, or use it to build a competing product;
• use the Service to store or transmit content that is unlawful, harmful, discriminatory, or that you have no right to process; or
• interfere with any security or usage limits, or use automated means to access the Service other than through interfaces we provide.

10. PS Pay and payments

PS Pay lets you charge guest cards, process refunds, and disburse funds to owners and contractors from within the Product. PS Pay is provided in partnership with Kovena, our third-party payments provider, which processes cardholder data to deliver card payments. Card processing is subject to Kovena's own terms and privacy policy and to card scheme rules. Card data is handled by Kovena and is not stored on PropertyStack servers.

Verification and KYC. Before PS Pay is activated, you must complete business verification, including know-your-customer (KYC) and anti-money-laundering checks, and provide accurate information about your business and beneficial owners. We or Kovena may decline, suspend, or limit PS Pay if verification is incomplete or if activity presents legal or fraud risk.

Chargebacks, refunds, and reserves. You are responsible for the payments you process, including chargebacks, disputes, refunds, and any related fees. Kovena may hold reserves or delay settlement in accordance with its terms. You authorize the recovery of chargebacks, refunds, and fees from your balance or nominated payment method.

Processing fees. PS Pay card-processing fees are approximately 2% on domestically issued cards and approximately 3.5% on internationally issued cards. These rates are approximate and indicative only; the current rates shown at sign-up and in the Product, together with Kovena's terms, govern.

Trust accounting and disbursements. The Product's trust-accounting, owner-statement, disbursement, and EOFY tools help you manage client money and reporting, but you remain solely responsible for complying with the trust-accounting, client-money, and licensing rules that apply to you. These tools do not constitute financial, tax, accounting, or legal advice.

11. Third-party channels and services

The Product can connect to third-party channels and services — including listing and booking channels such as Airbnb, Booking.com, and Vrbo, as well as smart-lock providers, messaging and communications gateways, and other integrations.

Those third parties are independent of PropertyStack, and your use of them is governed by their own terms and privacy policies. You are responsible for reviewing and complying with those terms and for maintaining your own accounts and agreements with them.

We are not responsible for third-party services, for their availability or accuracy, or for any act or omission of a third party. Third parties may change, limit, or discontinue their APIs or services, which may affect connected features of the Product, and we are not liable for the resulting impact.

12. Intellectual property and feedback

The Service, including all software, technology, designs, text, graphics, and the PropertyStack name and logos, is owned by PropertyStack or its licensors and is protected by intellectual property and other laws. Except for the rights expressly granted to you in these Terms, we and our licensors reserve all rights, title, and interest in and to the Service.

You must not remove or alter any proprietary notices, or copy, modify, distribute, or create derivative works of the Service except as expressly permitted.

Feedback. If you give us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

Your marks. You grant us a limited, non-exclusive license to use your name and logos as needed to provide and configure the Service (for example, on your direct booking site and guest communications). We will not use your name or logo in our public marketing without your prior consent.

13. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is marked or should reasonably be understood to be confidential, including the Service's non-public features, pricing, and each party's business information. Customer Data is your Confidential Information.

The receiving party must use the disclosing party's Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to its personnel and advisers who need it and are bound by confidentiality obligations.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it without a duty of confidence, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information where required by law, giving reasonable notice where lawful.

14. Warranties and disclaimers

To the maximum extent permitted by law, and subject to the section "Your non-excludable rights (Australian Consumer Law)", the Service is provided "as is" and "as available", and we exclude all warranties, guarantees, conditions, and representations not expressly set out in these Terms, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service will meet your requirements or produce any particular result, including any result from AI Features.

Security. Data is encrypted in transit using TLS and encrypted at rest. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

Nothing in this section limits any consumer guarantee or other right you have that cannot be excluded under applicable law.

15. Limitation of liability

Nothing in these Terms limits or excludes either party's liability for fraud, for death or personal injury caused by negligence, or for any other liability that cannot be limited or excluded by law, including under the ACL.

Subject to the section "Your non-excludable rights (Australian Consumer Law)" and to the paragraph above, and to the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or exemplary loss, or for any loss of profits, revenue, goodwill, anticipated savings, or data, arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility. In particular, the exclusion of liability for loss of data in this paragraph does not apply to the extent it would exclude, restrict, or modify a consumer guarantee or other right you have under the ACL or another law that cannot lawfully be excluded.

Subject to the paragraphs above, and to the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms or the Service is limited to the total fees paid or payable by you for the Product in the twelve (12) months before the event giving rise to the liability.

Australian Consumer Law. Where the ACL applies and permits — including where it is fair and reasonable for us to rely on the limitation — our liability for a failure to comply with a statutory guarantee in respect of services not ordinarily acquired for personal, domestic, or household use or consumption is limited, at our option, to re-supplying the services or paying the cost of re-supplying them, as set out in the section "Your non-excludable rights (Australian Consumer Law)".

16. Indemnity

To the extent permitted by law, you will indemnify and hold harmless PropertyStack and its personnel from and against claims, liabilities, losses, and reasonable costs (including legal costs) arising out of or in connection with: (a) your Customer Data, including any claim that it infringes or misappropriates a third party's rights or was processed without a lawful basis or required consent; (b) your use of the Service in breach of these Terms, the Acceptable Use Policy, or any law; (c) your relationship with, and obligations to, your Authorized Users and End Users, including your guests and owners; and (d) payments you process through PS Pay, including chargebacks, refunds, and related fees.

We will give you prompt notice of any claim, allow you to control its defense (provided any settlement releases us fully and does not impose obligations on us without our consent), and give you reasonable cooperation.

Nothing in this section requires you to indemnify us to the extent a loss is caused by our own breach or negligence, or to the extent the indemnity would be void, unenforceable, or an unfair contract term under the ACL or another law that cannot lawfully be excluded, including in respect of any acquisition of the Service to which the ACL consumer guarantees apply — see the section "Your non-excludable rights (Australian Consumer Law)".

17. Suspension and termination

We may suspend or limit your access to the Product, in whole or in part, if you fail to pay amounts when due, if we reasonably believe your use poses a security, legal, or fraud risk, if you breach the Acceptable Use Policy, or if required by law. Where practicable we will give notice and an opportunity to resolve the issue, and we will restore access once the cause is resolved.

Either party may terminate for material breach that is not cured within 30 days of written notice. You may cancel your subscription as described in Section 7. A signed master agreement may provide additional termination rights.

Effect of termination. On termination or expiry, your right to access the Product ends. For 30 days after termination, you may export your Customer Data using the Product's export tools; after that period we delete or de-identify Customer Data within a reasonable period in accordance with our retention practices and the DPA, unless we are required by law to retain it — for example, records we must keep under Australian tax and accounting law, which can require retention for up to 7 years. Fees accrued before termination remain payable.

Survival. Provisions that by their nature should survive termination — including Sections 3, 7 (for accrued amounts), 8, 12, 13, 14, 15, 16, 20, 21, and 22 — survive.

18. Force majeure

Neither party is liable for any delay or failure to perform (other than a payment obligation) caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, industrial action, failure of utilities or telecommunications, and failures or changes of third-party networks, channels, or infrastructure. The affected party will use reasonable efforts to mitigate the impact and resume performance.

19. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will give you reasonable notice — for example, by posting the updated Terms with a new effective date, by email, or through the Product. Changes take effect on the date stated in the notice. If you continue to use the Service after that date, you accept the updated Terms. If you do not agree, you may stop using the Service and cancel in accordance with Section 7.

20. Governing law and dispute resolution

These Terms are governed by the laws of Queensland and the Commonwealth of Australia, and each party submits to the non-exclusive jurisdiction of the courts of Queensland, the Federal Court of Australia, and the courts competent to hear appeals from them.

Before starting court proceedings (other than for urgent injunctive or interlocutory relief), a party must first give the other written notice describing the dispute and the outcome sought, and the parties must attempt in good faith to resolve it, including through a meeting of senior representatives, within 30 days of the notice.

Nothing in this section prevents a party from seeking urgent interlocutory or injunctive relief, or limits any right you have to bring a complaint to a regulator or to pursue a remedy that cannot be excluded under the ACL or other applicable law.

21. Notices

Legal notices to PropertyStack must be sent by email to legal@propertystack.ai, which is our designated channel for legal notices. Where a postal notice is separately required by law, it should be addressed to PropertyStack Software Pty Ltd, 315 Brunswick Street, Fortitude Valley QLD 4006, Australia, with a copy sent by email to legal@propertystack.ai. Notices to you may be given by email to the address associated with your account, or through the Website or Product, and are treated as received when sent or posted. You are responsible for keeping your contact details current.

22. General

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.

Entire agreement. These Terms, together with the documents incorporated by reference and any applicable Order or signed master agreement, are the entire agreement between the parties about the Service and supersede all prior discussions and representations, except for any statement or representation made fraudulently or that cannot be excluded by law.

Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or, if it cannot be, severed, and the remaining provisions continue in full force.

No waiver. A party's failure or delay in exercising a right is not a waiver of it, and a single or partial exercise does not prevent any further exercise.

Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

No third-party rights. Except as expressly stated, these Terms do not confer any rights on any person who is not a party to them.

23. How to contact us

Questions about these Terms can be sent to legal@propertystack.ai. For privacy questions, contact privacy@propertystack.ai; for security matters, contact security@propertystack.ai; for general support, contact support@propertystack.ai. To request our Data Processing Addendum or the authoritative, current list of sub-processors, contact legal@propertystack.ai.