Terms of Service

These Terms of Service ("Terms") form an agreement between you and AGENTHYPE PTY LTD of Tweed Heads, New South Wales, Australia, trading as AgentHype ("AgentHype", "we", "us", "our"). They apply to your access to and use of the AgentHype website at agenthype.co, our listing alert digests, and any related dashboards, reports and support we provide (together, the "Service"). You agree to these Terms when you subscribe, start a trial, or use the Service. Where you use the Service for an agency, brokerage or other business, you warrant that you have authority to bind that entity, and references to "you" include it. If you do not agree, do not use the Service.

1. Definitions

  • Account — the subscriber record we create for you to receive and access the Service.

  • Alert — any digest email, notification, report or dashboard entry we deliver to you under your Subscription.

  • Listing Signal — the property and listing-event information made available through the Service, including stale listings, expired or withdrawn listings, price changes, auction and deadline pass-ins, and related property attributes.

  • Subscription — your paid plan covering one or more Territories.

  • Territory — a suburb, locality or region you nominate for monitoring under your Subscription.

  • ACL — the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

2. Eligibility and accounts

The Service is supplied to licensed real estate professionals and agencies operating in Australia and New Zealand. To subscribe you must:

  • be at least 18 and legally able to form a binding contract;

  • hold a current real estate licence or certificate of registration, or act on behalf of a licensed agency, in every jurisdiction where you operate; and

  • give us accurate contact and billing details and keep them current.

Everything done under your Account is your responsibility, including the security of any credentials we issue. Notify us at access.

Unless your plan states otherwise, an Account covers one named agent. Alerts are for that agent's own prospecting. Forwarding, republishing or re-distributing Alerts to other agents, offices or third parties is not permitted — see clause 8.

3. What the Service does

We monitor your nominated Territories for listing events and deliver Alerts summarising what we detect. Delivery frequency, the event types covered, and the format are set out in your plan and may be adjusted as the product develops.

We may add, change, improve or withdraw features at our discretion. If we make a change that materially reduces the core capability you are paying for, you may cancel under clause 11 and we will refund the unused portion of your current billing period.

The Service is a prospecting intelligence tool. It is not a valuation service, a data licence, a lead list, or an introduction to any property owner.

4. Trials and pilots

Where we offer a trial or pilot period:

  • access is provided for the stated period only, on the same terms as a paid Subscription except where noted;

  • Territory allocation under clause 6 does not apply during a trial and takes effect only on conversion to a paid Subscription;

  • we will not charge you automatically at the end of a trial — access simply ends unless you elect a paid plan; and

  • trials are limited to one per agent and one per agency office. We may refuse or end a trial where we reasonably suspect it is being repeated or misused.

5. Fees, billing and GST

Plans. Subscriptions are priced by number of Territories and billed monthly unless otherwise agreed in writing. Larger or multi-office arrangements are quoted individually

GST. Prices are stated exclusive of GST unless marked otherwise. Where GST applies, it is added and itemised on your tax invoice. New Zealand subscribers are billed in the currency and tax treatment specified on their invoice

Payment. Fees are payable in advance for each billing period. You authorise us and our payment processor to charge the payment method on your Account, and you must keep a valid method on file for the life of your Subscription.

Renewal. Subscriptions roll over automatically each period until cancelled. There is no lock-in term and no exit fee. Cancel before your renewal date to avoid the next charge.

Changing Territories. Territories may be added at any time and are charged pro rata for the balance of the period. Swaps are processed at renewal; mid-cycle swaps are at our discretion.

Price changes. We may vary pricing on at least 30 days' notice, effective from your next renewal after that notice. If you do not accept a change, cancel before it takes effect.

Failed payments. Where a payment fails we will retry and notify you. If it remains unpaid after a reasonable period we may suspend delivery and release any Territory allocation until the account is brought current.

Refunds. Except as set out in these Terms or required by the ACL, fees are non-refundable and part-periods are not credited on cancellation. Your access continues until the end of the paid period. This clause does not limit clause 12.

6. Territory allocation

GST. Prices are stated exclusive of GST unless marked otherwise. Where GST applies, it is added and itemised on your tax invoice. New Zealand subscribers are billed in the currency and tax treatment specified on their invoice

One agent per Territory. While a Territory is allocated to you and your Subscription is current, we will not supply Alerts for that Territory to another AgentHype subscriber.

Allocation order. Territories are allocated in the order paid Subscriptions commence. Any availability we display is indicative until your Subscription for that Territory is active.

Duration. Allocation is held only while your Subscription for that Territory is active and paid. On cancellation, lapse, or suspension for non-payment beyond a reasonable grace period, the Territory is released and may be offered to others.

Scope. Exclusivity applies to the AgentHype Service alone. It is not a territorial right, franchise, agency appointment, or endorsement, and it does not restrict the conduct of any agent outside the Service.

7. Listing Signals — sources, accuracy and limits

Sources. Listing Signals are compiled from publicly accessible sources, including publicly available property listing information, and are enriched by our own detection logic, timing analysis and presentation. We do not represent that we are affiliated with, endorsed by, or licensed by any property portal, listing platform, franchise group or agency.

Provided as is. Listing Signals are supplied on an "as is" and "as available" basis. To the maximum extent permitted by law, and subject to clause 12, we make no representation or warranty that Listing Signals are accurate, complete, current, error-free, or fit for any particular purpose.

Detection is inference, not fact. Listings are edited, withdrawn, relisted, re-priced and mislabelled at source, frequently and without notice. A listing we identify as expired, withdrawn, stale or passed in may not be. Detection timing varies and events may be missed or reported late.

Verification is yours. You are solely responsible for independently verifying any property, listing, status, price or ownership detail before you act on it — including before contacting any person, appraising or pricing a property, making a representation to a vendor, or making any commercial decision.

Not advice. Nothing in the Service is legal, financial, valuation or investment advice, and no Listing Signal is evidence that any person consents to being contacted or wishes to sell.

8. Acceptable use

You must not, and must not allow any other person to:

  • resell, licence, publish, syndicate, or otherwise supply Listing Signals or Alerts to anyone outside your Account, including other agents in your own office unless their access is separately paid for;

  • use Listing Signals or Alerts to build, populate, benchmark or train a competing product, database, model or dataset;

  • scrape, crawl, harvest, screenshot at scale, or bulk-extract from the Service, or access it by automated means other than those we provide;

  • share credentials, defeat delivery or usage limits, or circumvent any Territory allocation or security control;

  • use the Service in breach of any law, including the obligations in clause 9;

  • interfere with, overload or disrupt the Service, or introduce malicious code.

Breach of this clause is a material breach and may result in immediate termination under clause 11.

9. Your compliance obligations when contacting property owners

This clause is important. We surface property and listing events. Every decision about who you contact, how, and when, is yours alone

Before making contact you must satisfy yourself that you comply with all laws applicable to you, including:

  • the Do Not Call Register Act 2006 (Cth), including washing any telephone numbers you have obtained against the Do Not Call Register before calling or sending marketing messages;

  • the Spam Act 2003 (Cth), including consent, sender identification and unsubscribe requirements for electronic messages;

  • the Privacy Act 1988 (Cth) and the Australian Privacy Principles, including in relation to any personal information you collect about property owners or occupants from any source;

  • for New Zealand subscribers, the Privacy Act 2020 (NZ), the Unsolicited Electronic Messages Act 2007 (NZ) and the Real Estate Agents Act 2008 rules of conduct; and

  • the property, agency, licensing and fair trading laws of each state, territory or country in which you operate.

We do not supply owner or occupant contact details, and we do not represent that any person identified in or associated with a Listing Signal may lawfully be contacted. If you obtain contact details elsewhere, you are the entity that collects, holds and uses that personal information, and you are responsible for meeting every obligation that attaches to it.

You indemnify us in accordance with clause 13 for any claim arising from how you contact any person.

10. Intellectual property

Ours. We and our licensors own all intellectual property in the Service, including the platform, detection logic, software, reports, layout, branding, and the selection, structuring, timing, enrichment and presentation of Listing Signals. Facts about properties are not owned by anyone; our compilation, analysis and expression of them is.

Your license. While your Account is active and paid, we grant you a limited, revocable, nonexclusive, non-transferable, non-sublicensable licence to use the Service and the Listing Signals for your own real estate prospecting within your own business. No other right is granted, expressly or by implication.

Yours. You retain ownership of content you supply to us, such as your Territory selections and any notes or feedback. You grant us a licence to host and process that content to deliver the Service. We may use aggregated and de-identified usage data to operate, secure and improve the Service

Third party marks. Any third-party name or mark referred to in the Service is the property of its owner and is used, if at all, for identification only. No affiliation or endorsement is claimed.

11. Suspension and termination

By us. Cancel at any time by contacting us at info@agenthype.co. Delivery continues to the end of your current paid period, after which any Territory allocation is released.

By us. We may suspend or terminate your Account where you materially breach these Terms, fail to pay, or where we reasonably consider your use creates a legal, reputational or security risk. Where practicable we will notify you and allow a reasonable opportunity to remedy. For serious breaches — including resale or redistribution of Listing Signals, or use in breach of clause 9 — we may terminate immediately and without notice.

Effect. On termination your licence ends, delivery stops, Territory allocations are released, and we may delete Account data in accordance with our Privacy Policy. Clauses 7, 8, 9, 10, 12, 13 and 15 survive termination. If we terminate without cause, we will refund the unused portion of your current billing period.

12. Consumer law

Australia. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the ACL or any other law to the extent it cannot lawfully be excluded. Where we are entitled to limit our liability for breach of a consumerguarantee in respect of services not ordinarily acquired for personal, domestic or household use, our liability is limited at our option to resupplying the services or paying the cost of resupply.

New Zealand. Where you acquire the Service for the purposes of a business, you and we agree that the Consumer Guarantees Act 1993 (NZ) does not apply, and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 (NZ) do not apply, to the extent both parties are in trade and it is fair and reasonable to contract out of them

13. Liability and indemnity

Subject to clause 12 and to the maximum extent permitted by law:

(a) neither party is liable to the other for any indirect, special or consequential loss, or for loss of profit, revenue, goodwill, data, or business opportunity — including any listing not won, appraisal not obtained, or commission not earned;

(b) our total aggregate liability arising out of or in connection with the Service or these Terms, however arising, is limited to the total fees you paid us in the 12 months immediately before the event giving rise to the claim; and

(c) we are not liable for any loss arising from your reliance on a Listing Signal that was inaccurate, incomplete, out of date, or which you did not independently verify.

Indemnity. You indemnify us, our officers and personnel against any loss, liability, claim, penalty, or reasonable legal cost arising from your breach of clause 8 or clause 9, or from any communication you make to any property owner, occupant or other person. This indemnity is reduced proportionately to the extent our own act or omission caused or contributed to the loss.

14. Third parties and availability

The Service depends on third-party infrastructure including hosting, data processing, email delivery and payment providers. We use reasonable efforts to keep the Service running and to restore it promptly when it fails, but we do not warrant uninterrupted or error-free delivery, and we are not liable for the acts, omissions or outages of third parties or of any external data source.

We may pause, delay or reduce Alerts where a source becomes unavailable, changes materially, or where we reasonably determine that continued collection is inappropriate. Where such a pause materially affects your Service for a sustained period, clause 3 applies.

15. Data source concerns and takedown

If you are a rights holder, platform operator or other party with a concern about the information presented in the Service, contact us at info@agenthype.co with details. We take such concerns seriously and will review and respond in good faith, including by removing or ceasing collection of specific material where appropriate.

16. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or through the Service, effective from your next renewal after that notice. If you do not accept a material change you may cancel before it takes effect. Continued use after a change takes effect constitutes acceptance. The current version is always published on this page.

17. General

  • Governing law. These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales and courts hearing appeals from them.

  • Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between us.

  • Entire agreement. These Terms, our Privacy Policy, and any written plan terms we agree with you, are the entire agreement between us regarding the Service and supersede all prior discussions.

  • Assignment. You may not assign these Terms without our written consent. We may assign or novate them in connection with a restructure or sale of our business, provided your rights are not materially reduced.

  • Severability. If any provision is held unenforceable, it is severed and the remainder continues in force.

  • No waiver. A delay or failure to enforce a right does not waive it.

  • Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control.

18. Contact

  • AGENTHYPE PTY LTD

  • Tweed Heads, New South Wales, Australia

  • Email: info@agenthype.co

  • Web: agenthype.co

the opportunity

Why These Sellers Are Easier to Close

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Real Results

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10-55

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Based on active AgentHype client data across AU & NZ markets
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If you don't get 30 listing notifications in 30 days, we'll refund you in full
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