These Terms of Service (Terms) govern your use of the AskFrankie website at askfrankie.com.au (the Website) and, where you hold an account, the AskFrankie software platform, apps, and related services (together, the Service).
The Service is provided by [ENTITY NAME] (ABN [ABN]) (we, us, our), a company based in Victoria, Australia.
By using the Website or the Service, you agree to these Terms. If you are using the Service on behalf of a real-estate agency or other organisation, you confirm that you are authorised to accept these Terms for that organisation, and “you” includes that organisation.
If your agency has signed a SaaS Subscription Agreement with us, that agreement takes priority over these Terms to the extent of any inconsistency.
1. What AskFrankie is
AskFrankie is an AI-powered operations platform for Australian real-estate agencies. It stores and organises agency data (such as contacts, properties, listings, appraisals, tasks, and communications) and provides an AI assistant (“Frankie”) that helps agency staff work with that data.
Each customer agency operates in its own isolated deployment — your agency’s data is not stored in a shared database with other agencies’ data.
2. Accounts
- Accounts are created for your agency and its authorised staff. You must provide accurate information and keep it up to date.
- You are responsible for keeping login credentials secure and for all activity under your accounts. Tell us promptly at [support@askfrankie.com.au] if you suspect unauthorised access.
- Accounts are for people aged 18 or over acting in a business capacity. The Service is not intended for consumers acting in a personal capacity.
3. Acceptable use
Your use of the Service must comply with our Acceptable Use Policy, which forms part of these Terms. In short: use the Service lawfully, only with data you are entitled to use, and do not attempt to break, overload, or misuse it.
4. Your data
- You own your data. All data your agency uploads to or generates in the Service (Customer Data) remains yours. We claim no ownership of it.
- You grant us a limited licence to host, process, transmit, and display Customer Data solely to provide and support the Service.
- You are responsible for the accuracy and lawfulness of Customer Data, including having the right (under the Privacy Act 1988 (Cth) and otherwise) to collect and use the personal information of your vendors, buyers, prospects, and staff within the Service.
- Our handling of personal information is described in our Privacy Policy.
5. AI features — important limits
Frankie uses large language models (LLMs), including models operated by third-party providers, to generate summaries, drafts, suggestions, and other outputs.
You acknowledge and agree that:
- AI outputs are assistance, not advice. Outputs are not legal, financial, valuation, conveyancing, or other professional advice, and are not a substitute for your own professional judgment.
- AI outputs can be wrong. LLMs can produce inaccurate, incomplete, or outdated content. You must review outputs before relying on them or sending them to clients.
- You remain responsible for compliance. Your agency remains solely responsible for meeting its legal and professional obligations, including (for Victorian agencies) obligations under the Estate Agents Act 1980 (Vic), underquoting laws, and Section 32 vendor statement requirements under the Sale of Land Act 1962 (Vic). Frankie does not discharge any of these obligations for you.
6. Third-party services
The Service depends on third-party infrastructure and, optionally, integrations you choose to connect (for example, Rex Software CRM sync, Microsoft Outlook, or voice transcription). When you connect an integration:
- you authorise us to access that third-party service using the credentials or tokens you provide, solely to provide the Service to you;
- your use of the third-party service remains governed by its own terms; and
- we are not responsible for the availability or conduct of third-party services.
Our current hosting and processing subprocessors are listed in Annexure A of the SaaS Subscription Agreement and summarised in our Privacy Policy.
7. Our intellectual property
We (and our licensors) own the Service, its software, design, and branding. We grant you a non-exclusive, non-transferable right to use the Service for your agency’s internal business purposes while you have an active subscription or trial. You must not copy, resell, reverse-engineer, or create derivative works of the Service except as permitted by law.
Feedback you give us about the Service may be used by us to improve it, without obligation to you.
8. Fees
Fees for paid subscriptions are set out in your SaaS Subscription Agreement or order form. Website browsing is free. We may offer free trials or pilots on terms notified to you.
9. Availability and changes
- We aim to keep the Service available and will use reasonable efforts to do so, but we do not promise uninterrupted or error-free operation, and (unless your agreement says otherwise) no formal service-level agreement applies.
- We may improve, modify, or discontinue features. If a change materially reduces the core functionality your agency relies on, we will give you reasonable notice.
- We may suspend access where reasonably necessary for security, maintenance, or suspected breach of these Terms.
10. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other law, that cannot lawfully be excluded.
If the ACL applies to the Service and permits us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited (at our option) to resupplying the services or paying the cost of having the services supplied again.
11. Disclaimers and liability
Subject to clause 10:
- the Service is provided “as is”, and we exclude all implied warranties to the extent the law allows;
- we are not liable for loss of profits, revenue, goodwill, or data, or for indirect or consequential loss;
- our total aggregate liability arising out of or in connection with the Service is limited to the fees your agency paid us in the 12 months before the event giving rise to the claim (or AUD $100 if you have paid no fees);
- these limits do not apply to liability that cannot be limited by law.
You are responsible for maintaining your own copies of critical business records; the Service is not your system of record for statutory record-keeping unless you verify it meets those requirements.
12. Termination
- You may stop using the Website at any time. Paid subscriptions end in accordance with your SaaS Subscription Agreement.
- We may suspend or terminate access if you materially breach these Terms and (where the breach can be fixed) fail to fix it within 14 days of notice.
- On termination of a subscription, the data-export and deletion provisions of your SaaS Subscription Agreement apply (including a 30-day export window).
13. Privacy
Our collection and handling of personal information is governed by our Privacy Policy and the Privacy Act 1988 (Cth).
14. Changes to these Terms
We may update these Terms from time to time. For material changes we will give account holders at least 30 days’ notice by email or in-app notice. Continued use of the Service after the change takes effect is acceptance of the updated Terms. If you do not agree, you may terminate in accordance with your agreement.
15. General
- Governing law: These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
- Entire agreement: These Terms, the Acceptable Use Policy, the Privacy Policy, and (if applicable) your SaaS Subscription Agreement form the entire agreement about the Service.
- Severability: If part of these Terms is unenforceable, the rest still applies.
- Assignment: You may not assign these Terms without our consent. We may assign to a related body corporate or as part of a business sale, with notice to you.
- No waiver: A failure to enforce a term is not a waiver of it.
16. Contact
[ENTITY NAME] (ABN [ABN])
Email: [support@askfrankie.com.au]
Victoria, Australia