Terms of Service

1. Acceptance of Terms

By accessing or using PropCommand.ai ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms apply to all visitors, users, and others who access or use the Service, including property owners and managers ("Owners"), property or managing agencies ("Agencies"), and tradespeople or contractors ("Tradespeople").

Acceptance is required before you can create an account or sign in. Tradespeople and Agencies who interact with the Service through a secure link sent by email or SMS ("Magic Link") without creating an account accept these Terms by using that link and by paying any applicable fee.

2. Description of Service

PropCommand.ai is an AI-powered property maintenance platform that helps Owners and Agencies create, schedule, coordinate, and document maintenance jobs, and connects them with Tradespeople to carry out that work. The Service provides the workflow, scheduling, assignment, and record-keeping layer for a maintenance job.

PropCommand.ai is not a party to the agreement for the maintenance work itself. The contract for the work, and payment for that work, is directly between the Owner (or Agency) and the Tradesperson. We do not employ Tradespeople, do not guarantee the quality, safety, legality, or completion of any work, and do not collect or hold payment for the maintenance work on anyone's behalf.

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into contracts in your jurisdiction to use this Service. By using the Service, you represent and warrant that you meet these requirements.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to terminate accounts that violate these Terms.

5. Acceptable Use

You agree not to use the Service to:

• Post false, misleading, or fraudulent maintenance requests.
• Violate any applicable law or regulation.
• Infringe the intellectual property rights of others.
• Transmit harmful, offensive, or disruptive content.
• Attempt to gain unauthorised access to any part of the Service or its infrastructure.
• Scrape, crawl, or otherwise extract data from the Service in an automated manner without our written consent.

6. Payment Processing

Fees payable to PropCommand.ai are processed by our third-party payment provider, Stripe. By paying a fee you also agree to Stripe's terms and authorise PropCommand.ai and Stripe to charge the applicable amount. We do not store full card details. Your payment information is handled by Stripe in accordance with its privacy policy.

7. Tradesperson Assignment Fees

When an Owner or Agency schedules and assigns a Tradesperson to a job through the Service, the Tradesperson agrees to pay PropCommand.ai an assignment fee. The assignment fee is a flat amount that depends on the job's trade category, is set out at the time of assignment, and is shown before payment. All fees are in Australian Dollars (AUD) and attract GST; a tax invoice is provided.

The assignment fee is a fee for use of the Service (workflow, scheduling, assignment, and documentation) and is separate from, and in addition to, any amount the Owner pays the Tradesperson for the work itself. PropCommand.ai does not process or take a commission on the payment for the work.

The assignment fee must be paid before the Tradesperson can access the full job details and job portal. We reserve the right to modify fees with reasonable notice; the fee applicable to a job is the one shown at the time of assignment.

8. Cancellations and Refunds

The following applies to assignment fees paid by Tradespeople:

• If the Owner or Agency cancels the job, the Tradesperson is refunded the assignment fee in full (including GST), at any stage.
• If the Tradesperson cancels after accepting the job, the assignment fee is non-refundable, except that a full refund is given if the Tradesperson cancels within one (1) hour of paying. We may, at our discretion, grant a refund in genuine cases of dispute.
• Where a job is restarted with the same Tradesperson, no new assignment fee is charged.

Nothing in this section limits any rights you may have under the Australian Consumer Law that cannot be excluded.

9. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of PropCommand AI Pty Ltd. You may not copy, modify, distribute, sell, or lease any part of our Service without our written permission. You retain ownership of any content you upload, and grant us a non-exclusive licence to use it to provide the Service.

10. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses.

11. Limitation of Liability

To the fullest extent permitted by Australian law, PropCommand AI Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Service. Our total aggregate liability shall not exceed the fees paid by you in the twelve months preceding the claim.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded under the Australian Consumer Law.

12. Indemnification

You agree to indemnify and hold harmless PropCommand AI Pty Ltd and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Service or violation of these Terms.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will remain in effect.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising under these Terms.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide reasonable notice of material changes by email or prominent notice on the Service. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

16. Contact

Questions about these Terms? Contact us at legal@propcommand.ai.