Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern your use of the LeadForge platform operated by LeadForge PTY LTD (ABN: 36 696 603 648) (“we”, “us”, “our”). By creating an account or using LeadForge, you agree to these Terms. If you do not agree, do not use the platform.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organisation. LeadForge is intended for use by licensed real estate professionals and their teams in Australia.

3. Your Account

• You are responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately of any unauthorised access to your account.
• Each workspace is managed by an owner who controls user access and permissions.
• You may not share your account with others or create accounts on behalf of third parties without authorisation.

4.Workspace Data & Responsibilities

Each workspace is a multi-tenant environment managed by its owner. The workspace owner is responsible for:

• The accuracy and lawfulness of all data entered into the workspace by themselves and their team members, including contact details, lead information, and property records.
• Ensuring they have obtained all necessary consents from individuals whose personal information is stored in the platform, in accordance with the Privacy Act 1988 (Cth) and applicable state legislation.
• Managing user roles and permissions within their workspace and ensuring team members only access data appropriate to their role.
• Complying with the Do Not Call Register Act 2006 (Cth) and any applicable telemarketing regulations when using calling features.
• Ensuring all listing information, property descriptions, and marketing materials comply with Australian Consumer Law and relevant state fair trading legislation.

LeadForge is not responsible for the content, accuracy, or legality of data entered by users. We act as a data processor on your behalf; you remain the data controller.

5. Acceptable Use

You agree not to:

• Use LeadForge for any unlawful purpose or in violation of any applicable laws
• Upload or transmit malicious code, spam, or harmful content
• Attempt to gain unauthorised access to other accounts or systems
• Reverse engineer, copy, or resell any part of the platform
• Use the platform in a way that disrupts or degrades service for other users
• Use calling or SMS features to make unsolicited calls or send unsolicited messages in breach of the Do Not Call Register Act 2006, Spam Act 2003, or Telecommunications Act 1997
• Send bulk SMS or email campaigns without valid consent from recipients as required under Australian law
• Use embeddable forms to collect personal information without appropriate privacy disclosures
• Use AI features to generate misleading, deceptive, or fraudulent content
• Store or process data that you do not have lawful authority to collect or use

6. Property Risk Data

LeadForge provides property risk assessments (flood, bushfire, crime, zoning, easement) for informational purposes only. This information is sourced from publicly available data and third-party providers. It is not a substitute for professional advice, independent due diligence, or formal property reports.

We do not warrant the accuracy, completeness, timeliness, or suitability of any risk data for any particular purpose, including but not limited to property purchase decisions, insurance assessments, or development applications. Risk scores are algorithmically generated and may not reflect current conditions. You rely on this data entirely at your own risk.

7. AI-Powered Features

LeadForge includes artificial intelligence features such as AI Chat, AI Writer, AI Copilot, and AI Calling. By using these features, you acknowledge and agree:

• AI-generated content (text, summaries, suggestions, call scripts) may contain errors, inaccuracies, or inappropriate outputs. You are solely responsible for reviewing and verifying all AI-generated content before use.
• AI Calling places automated voice calls to contacts on your behalf. You are responsible for ensuring all calls comply with applicable telemarketing laws, including the Do Not Call Register Act 2006 (Cth) and Telecommunications (Do Not Call Register) (Telemarketing and Research Calls) Industry Standard 2017.
• AI call conversations may be processed by third-party AI providers to generate responses. Call data, transcripts, and recordings are processed in accordance with our Privacy Policy.
• AI features may utilise third-party large language model (LLM) providers. Data submitted to AI features may be transmitted to these providers for processing. We select providers with appropriate data handling practices, but we do not control their systems.
• We do not guarantee the availability, accuracy, or reliability of AI features. AI capabilities may change, be updated, or be discontinued at any time.
• You must not represent AI-generated content as human-authored professional advice where doing so would be misleading under Australian Consumer Law.

7a.Proposals & Comparative Market Analysis

LeadForge allows you to create listing proposals and comparative market analysis (CMA) reports containing property valuations, price guides, comparable sales data, and marketing plans.

• Valuation estimates, price ranges, and comparable sales data are provided for informational purposes only and do not constitute a formal property valuation or licensed appraisal.
• You are solely responsible for the accuracy of information included in proposals you create and share with vendors or clients.
• Proposals shared via public link are accessible to anyone with the link. You are responsible for sharing links only with intended recipients.
• View tracking (view count, first viewed date) is recorded when recipients access a shared proposal.

7b. Online Offers

LeadForge provides a public offer submission form that allows buyers to submit offers on listed properties.

• LeadForge facilitates the collection and display of offers only. It does not constitute a legal offer or acceptance under contract law. All offers must be formalised through proper legal channels.
• You are responsible for verifying the identity of offer submitters. LeadForge records IP addresses and submission metadata but does not verify buyer identity.
• Offer data (buyer details, amounts, finance status, conditions) is stored in your workspace and is accessible to workspace members with appropriate permissions.
• LeadForge is not liable for missed, delayed, or lost offers, or for any decisions made based on offer information displayed in the platform.

7c. Auctions

LeadForge provides auction management tools including live, timed, and hybrid auctions with online bidding, bidder registration, and real-time bid tracking.

• LeadForge is a platform tool, not a licensed auctioneer. All auctions must be conducted in compliance with applicable state and territory auction legislation, including licensing requirements for auctioneers.
• You are responsible for verifying bidder identities, managing registration approvals, and ensuring compliance with vendor bidding rules under your jurisdiction.
• Bid data is recorded with timestamps and IP addresses for audit purposes. LeadForge does not guarantee the integrity of bids placed via the platform in the event of network issues or system outages.
• Auction results displayed in LeadForge (sold, passed in) are informational records. The legally binding auction outcome is determined by the contract of sale, not the platform status.
• LeadForge is not liable for technical failures during live auctions, including connectivity issues, bid delays, or system unavailability.

7d. Electronic Signing

LeadForge provides electronic signing functionality that allows you to send documents for signature and collect signatures from parties electronically.

• Electronic signatures collected via LeadForge are intended to comply with the Electronic Transactions Act 1999 (Cth) and equivalent state legislation. However, we do not guarantee that e-signatures will be accepted or enforceable in all circumstances or jurisdictions.
• You are responsible for determining whether electronic signatures are appropriate for your specific document type and transaction. Some documents (e.g., certain property transfers, powers of attorney) may require wet ink signatures under applicable law.
• LeadForge captures audit trail data for each signing event, including timestamps, IP addresses, and user agent information. This data is retained for 7 years.
• Signature data (drawn signatures) is stored as image data in our secure storage. You are responsible for maintaining your own copies of signed documents for your records.
• Signing links are accessible to anyone with the link. You are responsible for sharing links only with intended signers.
• LeadForge does not perform identity verification of signers beyond the information they provide. If identity verification is required for your transaction, you must conduct it independently.
• LeadForge is not liable for forged, unauthorised, or disputed signatures. You are responsible for any disputes arising from the use of electronic signatures on your documents.

8. Intellectual Property

All content, trademarks, software, and technology forming part of LeadForge are owned by or licensed to us. You are granted a limited, non-exclusive, non-transferable licence to use the platform for your internal business purposes only. You retain ownership of data you enter into the platform.

You grant us a limited licence to process, store, and display your data solely for the purpose of providing the LeadForge service. We will not use your data for any other purpose, including training AI models, without your explicit consent.

9.Subscription & Billing

Access to LeadForge may require a paid subscription. Pricing, billing cycles, and payment terms will be provided at the time of subscription. All fees are in Australian dollars (AUD) and inclusive of GST unless otherwise stated. We reserve the right to change pricing with 30 days' notice.

Free Trials & Promotional Offers: We may offer free trials or promotional pricing (including coupon codes) at our discretion. Trial and promotional terms will be communicated at the time of offer. Unless cancelled before the trial or promotional period ends, your subscription will automatically convert to a paid subscription at the applicable standard rate. Promotional pricing is non-transferable and may be subject to additional conditions.

Refunds: Subscription fees are non-refundable except where required by Australian Consumer Law. If you cancel mid-billing period, you retain access until the end of that period but will not receive a prorated refund. Usage-based charges (calling minutes, AI calling overage, SMS segments, MMS messages) are non-refundable once incurred.

10.Calling & Messaging Services

LeadForge offers optional voice calling and messaging (SMS/MMS) features, including AI-powered calling and standard telephony, provided through third-party infrastructure (currently Twilio).

Platform Calling:If you use LeadForge's built-in calling service ("Platform Calling"), calls are billed at a per-minute rate as displayed in your Settings page. This rate includes a service margin above the underlying carrier cost to cover platform operation, support, and maintenance. Rates are in Australian dollars (AUD) and may be updated with 14 days' notice.

Platform SMS & MMS:Outbound SMS messages sent through Platform Calling are billed per segment (a single SMS segment is up to 160 GSM-7 characters or 70 Unicode characters; longer messages are split into multiple segments and billed accordingly). MMS messages are billed per message regardless of size. Current rates are displayed in your Settings page (currently $0.10 AUD per SMS segment and $0.45 AUD per MMS). Inbound messages to your LeadForge-provisioned number are not separately charged. All messaging usage appears on your next Stripe invoice. Rates may be updated with 14 days' notice.

AI Calling Add-on: AI Calling is billed as a separate monthly add-on to your base subscription. Each tier includes a set number of calls per billing period. Calls exceeding the included allowance are charged at the overage rate specified for your tier. Overage charges appear on your next invoice.

Bring Your Own Twilio (BYOT): You may connect your own Twilio account and phone number. In this case, you are billed directly by Twilio at their published rates for calls, SMS, and MMS. LeadForge does not add any surcharge to BYOT calls or messages, and BYOT messaging usage does not appear on your LeadForge invoice.

Call Recording & Monitoring: Certain calling features may record or transcribe calls for quality assurance or AI processing purposes. You are solely responsible for complying with all applicable call recording laws, including obtaining consent from all parties to a call where required by state or territory legislation. In some Australian jurisdictions, all-party consent is required before recording a telephone conversation.

By enabling any calling feature, you acknowledge and agree to the applicable rates and billing terms. It is your responsibility to review the pricing displayed in the Settings page before activating these services.

11. Third-Party Integrations

LeadForge allows you to connect third-party services including but not limited to calendar providers (Google Calendar, Outlook), email services, Twilio, Slack, Meta (Facebook & Instagram), Zapier, Make, and property data providers. By connecting a third-party service:

• You are responsible for the security of any credentials, API keys, or tokens you provide to LeadForge for integration purposes.
• You acknowledge that third-party services are governed by their own terms of service and privacy policies, which we do not control.
• We are not liable for any outages, data loss, charges, or issues arising from third-party services, including changes to their APIs or pricing.
• You warrant that you have the authority to connect such services and that doing so does not breach any agreement with the third-party provider.
• Slack integration sends workspace notifications to your selected Slack channels. You are responsible for ensuring that sensitive CRM data shared via Slack complies with your organisation's data handling policies.
• Facebook and Instagram integration connects your Facebook Page to LeadForge via Meta OAuth. When a user submits a Lead Ad form on your connected page, their name, email, phone number, and message are automatically imported into your CRM pipeline. You are responsible for ensuring your use of lead data complies with Meta's Platform Terms, Lead Ads Terms, and applicable privacy laws. Page access tokens are stored encrypted and are used solely to retrieve lead data on your behalf.
• Zapier and Make integrations allow you to automate data flows between LeadForge and external services. You are responsible for the configuration, security, and compliance of any automations you create.
• Webhook integrations allow external systems to receive real-time events from LeadForge. You are responsible for securing webhook endpoints and handling data in accordance with applicable privacy laws.

12. Service Availability

LeadForge is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted, error-free, or secure access to the platform. We may perform scheduled or unscheduled maintenance that temporarily affects availability.

For Solo, Pro, and Agency plans, we do not offer a formal Service Level Agreement (SLA). While we endeavour to maintain high availability, we are not liable for any losses resulting from service downtime, including missed appointments, failed calls, or delayed communications.

Enterprise SLA: Enterprise plan subscribers receive a 99.9% monthly uptime guarantee. If uptime falls below 99.9% in any calendar month (excluding scheduled maintenance windows announced at least 24 hours in advance), Enterprise customers are eligible for a service credit of 10% of their monthly fee for each 0.1% below the guarantee, up to a maximum of 30% of monthly fees. Credit requests must be submitted within 30 days of the affected month. Uptime is measured from our infrastructure monitoring systems.

13.Data Export & Portability

You may request an export of your workspace data at any time by submitting a support ticket from Settings → Support in your workspace, or by contacting us at support@leadforgeapp.com.au. We will provide your data in a standard machine-readable format (such as CSV or JSON) within a reasonable timeframe.

Upon account termination, you will have 30 days to request a data export before your data is permanently deleted. After deletion, data cannot be recovered.

14. Termination

You may cancel your account at any time via the Settings page. We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice. Upon termination, your data will be retained for 30 days before permanent deletion, unless required by law to retain it longer.

We may also suspend or restrict access to your account if your subscription payment fails and is not resolved within 14 days. Suspension does not relieve you of any outstanding payment obligations.

15. Indemnification

You agree to indemnify, defend, and hold harmless LeadForge PTY LTD, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of the platform or violation of these Terms
• Any data you enter into the platform, including contact information and property data
• Your use of calling or AI features, including any calls made in breach of applicable laws
• Any claims by third parties whose data you have stored, processed, or contacted through the platform
• Your breach of any applicable law, regulation, or third-party rights

16. Disclaimer of Warranties

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing:

• We do not warrant that the platform will meet your specific requirements
• We do not warrant that property risk data, valuations, or AI-generated content will be accurate or reliable
• We do not warrant that integrations with third-party services will function without interruption
• We do not warrant that data transmitted through the platform (including calls) will be secure from interception

Nothing in these Terms excludes or limits any consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be lawfully excluded.

17. Limitation of Liability

To the maximum extent permitted by Australian law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of LeadForge, including but not limited to loss of data, loss of profits, loss of goodwill, business interruption, or costs of procurement of substitute services.

Our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the platform shall not exceed the total fees paid by you to us in the 3 months immediately preceding the event giving rise to the claim.

This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

18. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved within 30 days of written notice, either party may pursue mediation through an accredited mediator in Queensland before commencing legal proceedings.

Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

19. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Queensland.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and any supplementary terms presented at the time of purchase or feature activation, constitute the entire agreement between you and LeadForge PTY LTD regarding your use of the platform. They supersede all prior agreements, representations, and understandings.

22. Changes to Terms

We may update these Terms from time to time. Continued use of LeadForge after changes are posted constitutes acceptance of the updated Terms. Material changes will be notified via email or in-app notice at least 14 days before they take effect.

23. Contact

For questions about these Terms, submit a support ticket from your workspace settings, or contact us at support@leadforgeapp.com.au.