Terms of Service

1. About these Terms

These Terms of Service (Terms) govern access to and use of prospect8: its web app, its MCP server, its websites, its integrations and related services (the Service). The Service is provided by A.A HEMAT-SIRAKY & E RUZDIC, trading as prospect8 (prospect8, we, us or our).

• Legal entity: A.A HEMAT-SIRAKY & E RUZDIC, a partnership
• ABN: 72 439 514 362
• Address: to be added
• Email: hello@prospect8.io

In these Terms:

• Customer, you or your means the real estate agency or other business that signs up for the Service.
• Workspace means the Customer’s own space in the Service, with its offices, staff, records and settings.
• Users means the people the Customer lets use its workspace, such as its principals, agents, assistants and property managers.
• Customer Data has the meaning in section 4.

By creating a workspace, accepting these Terms or using the Service, you agree to these Terms. If you accept them for an agency or other organisation, you confirm you have authority to bind it. A separately signed agreement with us prevails over these Terms to the extent they conflict.

2. The Service and the beta

prospect8 is a sales CRM for Australian real estate agencies. It holds the agency’s contacts, properties, appraisals, campaigns, messages, documents and signatures, and supports its compliance work. It can be run through the web app, by prospect8’s own AI assistant, or by an AI assistant the Customer connects over MCP.

prospect8 is in beta

The Service works, but it is in beta and changes quickly. We add, change and sometimes remove features, and some may not work as expected. You should keep that in mind when you decide how to rely on it.

Not professional advice

The Service is a business tool. It is not legal, compliance, financial, valuation, tax or other professional advice. What it shows depends on Customer Data, your configuration and third-party data. You remain responsible for checking what it shows, for your business decisions and for getting professional advice where you need it.

3. Eligibility and accounts

You must be at least 18 and able to enter a binding agreement to create a workspace or accept these Terms.

You must give accurate information and keep it current; keep sign-in details secure; give access only to Users you authorise; tell us promptly about suspected unauthorised access; and make sure your Users follow these Terms. You are responsible for what happens in your workspace, except to the extent our breach, negligence or failure to take reasonable security measures causes it.

You decide who your Users are and what each may do, through roles, permissions and the workspace’s security settings. You are responsible for those choices.

4. Customer Data and your responsibilities

Customer Data means the data, content and materials that you, your Users, your connected AI assistant or your integrations put into, store in or make available through the Service. It includes your contacts (such as vendors, buyers, landlords and leads), properties, campaigns, messages, documents, signatures and AML/CTF identity records.

You keep your rights in Customer Data. You grant prospect8 a non-exclusive, worldwide licence, for as long as we provide the Service to you, to host, copy, process, transmit and display Customer Data as reasonably needed to provide, secure, maintain, support and improve the Service, to deal with technical or security problems, and to comply with law. We handle Customer Data on your behalf and on your instructions, as our Privacy Policy describes.

Your responsibilities

You are responsible for having the right to collect Customer Data, to put it into the Service and to contact the people it concerns. That includes your obligations under:

• the Privacy Act 1988 (Cth) and the Australian Privacy Principles, including giving people the notices they need;
• the Spam Act 2003 (Cth), including having consent before you send commercial email or SMS, and honouring unsubscribes;
• the Do Not Call Register Act 2006 (Cth), including checking numbers before telemarketing calls;
• the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and its rules; and
• the real estate agency laws of each state and territory you operate in.

You are also responsible for deciding whether the Service suits your business, configuring it properly, checking its output, and keeping Customer Data accurate. You warrant that you have the authority our handling of Customer Data needs.

Aggregated data

We may create statistics from use of the Service and Customer Data, but only where they are aggregated and de-identified so they don’t identify you, your Users or any individual. We may use them to run, secure and improve the Service, and we won’t try to re-identify them.

5. Compliance features

The Service has features that help with compliance, such as AML/CTF customer checks and records, consent and opt-out records, Do Not Call Register checks, and office registers and supervision tools. These features support your diligence. They are not legal advice and don’t guarantee that you comply with any law.

The licensee stays accountable for the agency’s compliance. You must review what the Service records and suggests, and make your own decisions. prospect8 doesn’t lodge reports with AUSTRAC or any other regulator for you. Where the Service helps you prepare a report, you are responsible for checking it and lodging it.

You must not represent that the Service on its own makes you compliant with any law.

6. AI

prospect8’s AI

The Service includes its own AI: an AI assistant in the app, drafting of messages and documents, and template design. It runs on AI models through OpenRouter, which routes each request to a model provider such as Anthropic. To do a task, the AI is sent the Customer Data the task needs.

Your workspace settings decide what the AI may do: act on its own, propose an action for a person to approve, or not act at all. You are responsible for those settings and for what you approve.

AI output can be wrong, incomplete or out of date. Your Users must check it before relying on it, sending it or acting on it.

Your own AI assistant

You can instead connect your own AI assistant, such as Claude or ChatGPT, to your workspace over MCP. prospect8 doesn’t charge for this. Your AI assistant acts with the access you and your Users give it, and you are responsible for what it does in your workspace.

Data your AI assistant reads goes to its provider under your own agreement with that provider. prospect8 isn’t responsible for that provider, its terms or how it handles the data.

7. Integrations and third-party services

If you connect an integration, such as a property portal, an email or calendar account, accounting software or a marketing email service, you authorise prospect8 and that provider to exchange the Customer Data needed to run it. You are responsible for choosing integrations, keeping your accounts with those providers and their permissions in order, reviewing their terms and privacy practices, and making sure the transfers are lawful.

Some data in the Service comes from providers prospect8 uses, such as property data from Pricefinder. That data is licensed to us, and you may use it only within the Service and as its licence allows.

Third-party services are run by their providers, and their availability or operation may change without our control. We may suspend or stop an integration if access to it changes or keeping it running creates a legal, security or technical risk. To the extent the law allows, prospect8 isn’t responsible for a third-party service itself. This doesn’t limit our responsibility for our own acts and omissions.

8. Subscription, trial, credits and payment

Subscription

The subscription is A$100 a month per workspace, GST included, with unlimited offices and agents and a monthly allowance of AI credits. Current prices are on our Pricing page. All prices are in Australian dollars.

Billing is handled by Stripe. You must keep a valid payment method on file and pay amounts when they fall due.

We will give you reasonable notice before a change to the subscription price takes effect, and any notice the law requires.

AI credits

Credits pay for prospect8’s own AI: the AI assistant in the app, drafting and template design.

• The credits included with your subscription are for that month. Unused ones lapse at the end of the month and don’t roll over.
• Credits you buy roll over and never expire.
• A credit you have bought never buys less later. A price rise changes what new credits cost, not what credits you have already bought are worth.

The price of credits is shown when you buy them.

Free trial

A new workspace starts with a 14-day free trial.

• With a card on file, prospect8’s AI is on at no charge for the trial.
• Without a card, prospect8’s AI is off, to prevent fraud and abuse. Your own AI assistant connected over MCP is free, uses no credits and needs no card.
• A trial that ends without a card locks the workspace.

What happens at the end of a trial with a card is shown to you before you add the card.

Moving from another CRM

We move an agency’s data across from its old CRM at no cost. If leaving its old CRM would cost the agency, for example because it is still in a contract, we may waive the subscription for up to 12 months; the agency then pays only for the prospect8 AI it uses. Whether the offer applies, and for how long, is confirmed when it is made.

Cancellation and refunds

You can cancel your subscription at any time from your workspace’s billing settings, or by contacting us. A cancelled subscription locks the workspace when it ends. We give refunds where the law requires them.

Overdue payments

If an undisputed payment is overdue, we may suspend or lock the workspace after giving you reasonable notice and a chance to pay. We will restore access promptly once you pay. Nothing in this section excludes a right or remedy you have under the Australian Consumer Law that can’t be excluded.

9. Intellectual property

prospect8 and its licensors own the Service, including its software, interfaces, designs, documentation, branding, starter templates, workflows and underlying technology. Subject to these Terms and payment of any fees due, we give you a limited, non-exclusive, non-transferable and non-sublicensable right, while you have a workspace, to let your Users use the Service for your business.

You must not remove proprietary notices, copy or modify the Service, create derivative works from it, make it available to anyone other than your Users, or reverse engineer it, except to the extent the law doesn’t allow such a restriction.

You own Customer Data, including the documents and messages you create in the Service. If you base a document or template on one of our starter templates, our rights in the starter template stay ours, and you may use it as part of the Service.

If you give us suggestions or feedback, you grant us a perpetual, worldwide, royalty-free right to use it without restriction or payment. This doesn’t transfer ownership of Customer Data, and we won’t name you publicly without your permission.

10. Acceptable use

You must not, and must make sure your Users and your connected AI assistant don’t:

• use the Service unlawfully, or to infringe anyone’s rights;
• send commercial messages without the consent the Spam Act requires, or make telemarketing calls the Do Not Call Register Act forbids;
• harass, mislead or discriminate against anyone, or use the Service to collect personal information unlawfully;
• upload malicious code, or compromise the security or performance of the Service;
• get or try to get unauthorised access, or get around permissions, security settings, rate limits or read limits;
• scrape, copy, resell or exploit the Service or data licensed to us without our permission;
• test the Service for vulnerabilities without our written permission; or
• misrepresent what the Service or its AI produced.

We may investigate suspected misuse and take proportionate action. Where practicable, we will tell you and give you a chance to fix it first.

11. Availability, support and changes

We use reasonable care and skill to provide the Service and aim to keep it reliable, but we don’t promise it will be uninterrupted or error-free. Maintenance, upgrades, outages, security events, third-party failures and events outside our reasonable control may interrupt access.

Support requests go to hello@prospect8.io. We will use reasonable efforts to respond and fix problems according to their impact, but no particular response or fix time applies unless we agree one in writing.

Because the Service is in beta, we may add, change or remove features. Where practicable, we will give you reasonable notice before we materially reduce core paid functionality, and offer a reasonable workaround where one exists.

12. Confidentiality, privacy and security

Confidential Information means non-public information that is marked confidential or that a reasonable person would understand to be confidential, including Customer Data, security information, business records, pricing and non-public product information. The receiving party must use it only to provide or receive the Service, protect it with at least reasonable care, and disclose it only to personnel, contractors and advisers who need it and are bound to keep it confidential.

These duties don’t cover information that is lawfully public, was already known without restriction, is lawfully received from someone else, or is independently developed. A party may disclose information the law requires it to disclose. Where lawful and practicable, it will give the other party notice first and reasonable help to limit the disclosure.

Our handling of personal information is described in our Privacy Policy. Each party must comply with the privacy laws that apply to it and give the other reasonable help with privacy requests and regulatory obligations that arise from the Service.

We maintain reasonable administrative, technical and organisational safeguards suited to Customer Data and the risks to it. If we confirm a security incident affecting Customer Data, we will tell you without undue delay where the law requires it or the incident is reasonably likely to affect you materially, give you the relevant information we have, and take reasonable steps to contain and fix it.

13. Disclaimers and consumer guarantees

To the extent the law allows, the Service is provided “as is” and “as available”. In particular, because it is in beta, we don’t guarantee that it will be uninterrupted, that it will work with every third-party system, that third-party data is complete or current, that AI output is correct, or that using it alone meets your legal obligations.

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that can’t lawfully be excluded, including under the Australian Consumer Law. Where the Australian Consumer Law lets us limit a remedy for failing to meet a guarantee about services, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again. This limit doesn’t apply where it would be unfair, unreasonable or otherwise unlawful.

14. Liability and indemnity

To the maximum extent the law allows, neither party is liable to the other for indirect, incidental, special or consequential loss, or for loss of profit, revenue, anticipated savings, goodwill or business opportunity, whether in contract, tort (including negligence), under statute or otherwise, except to the extent that loss can’t lawfully be excluded.

Subject to the exceptions below, each party’s total liability arising out of or in connection with the Service and these Terms is limited to the fees you paid or must pay for the Service in the 12 months before the first event giving rise to the liability. If you have paid no fees, the cap is A$1,000.

The exclusions and cap don’t apply to your payment obligations; either party’s fraud, wilful misconduct or liability that can’t lawfully be limited; your infringement or misuse of our intellectual property; a party’s breach of confidentiality; or liability under the indemnity below. A party’s liability is reduced to the extent the other party’s acts or omissions caused or contributed to the loss. Each party must take reasonable steps to reduce its loss.

You indemnify prospect8 and its personnel against third-party claims, losses and reasonable costs arising from Customer Data that infringes another person’s rights, your unlawful collection, use or disclosure of Customer Data, messages or calls you make through the Service in breach of the Spam Act or the Do Not Call Register Act, or your material breach of the acceptable use terms. The indemnity is reduced to the extent our breach, negligence, wilful misconduct or unlawful conduct caused the loss. We must tell you promptly about a claim, let you reasonably control its defence and settlement, and cooperate reasonably at your cost. You may not settle a claim in a way that admits fault by us or imposes non-monetary obligations on us without our written consent.

15. Suspension, locking and termination

We may suspend access proportionately to deal with a credible security threat, prohibited use, an overdue undisputed payment after reasonable notice, a legal requirement, or a material risk of harm to the Service or another person. Where practicable, we will tell you, limit the suspension to what is necessary, and restore access promptly once the issue is resolved.

A workspace is locked when a free trial ends without a card, or when its subscription is cancelled. While a workspace is locked, its Users can’t use it, except to add a card, manage billing, buy AI credits and export the workspace’s data.

Either party may end these Terms by written notice if the other materially breaches them and doesn’t fix the breach within 30 days after written notice describing it, or immediately if the breach can’t be fixed. Subject to insolvency laws, either party may also end them if the other goes into liquidation, has an administrator or receiver appointed, stops carrying on business, or can’t pay its debts when due. You can also end them by cancelling your subscription as section 8 describes.

When these Terms end, your right to use the Service ends and fees accrued up to that date become payable. Ending these Terms doesn’t create a right to a refund except as these Terms or the law provide.

On request, we will give you a reasonable opportunity to export Customer Data in a commonly used format. We then delete or de-identify Customer Data as our Privacy Policy describes, except records the law requires us to keep, such as AML/CTF records, and copies that remain in backups until they are overwritten.

Accrued rights, and the terms about payment, intellectual property, confidentiality, disclaimers, liability, indemnity, disputes and anything else meant by its nature to survive, continue after these Terms end.

16. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia. Subject to any rights that can’t be excluded, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them.

Before starting court proceedings, a party must give the other written notice describing the dispute and the outcome it wants. A representative of each party with authority to settle the dispute must then meet or confer in good faith. If the dispute isn’t resolved within 30 days after the notice, either party may refer it to mediation administered by the Resolution Institute under its mediation rules. The parties share the mediator’s fees equally and otherwise bear their own costs.

Nothing in this section stops a party seeking urgent interlocutory or injunctive relief, taking action to recover an undisputed debt, or exercising a right that can’t lawfully be restricted.

17. Changes to these Terms and general terms

We may update these Terms to reflect changes to the Service, the law, security or our business. We will give existing customers reasonable notice before a material change takes effect. Changes don’t apply retrospectively unless the law requires it or you agree. If a material change is materially detrimental to you, you may cancel before it takes effect.

These Terms, and any separately signed agreement, are the entire agreement about the Service. They replace earlier discussions and representations about it, except for rights arising from fraud or from a representation that can’t lawfully be excluded.

If a provision is invalid or unenforceable, it is read down as little as necessary or severed, and the rest continues. A delay or failure to exercise a right isn’t a waiver. Neither party may assign these Terms without the other’s written consent, which won’t be unreasonably withheld, except that we may assign them as part of a genuine corporate restructure, merger or sale of substantially all of the relevant business, by written notice to you.

Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations. Notices must be in writing. We send notices to the email address you gave us for your workspace; you send notices to us at hello@prospect8.io. An email notice is taken to be received on the next business day unless the sender gets a delivery failure notice. The parties are independent contractors. These Terms don’t create a partnership, agency, fiduciary or employment relationship.

18. Contact

A.A HEMAT-SIRAKY & E RUZDIC, trading as prospect8
ABN: 72 439 514 362
Address: to be added
Email: hello@prospect8.io