Legal
Terms of Use and End User Agreement
1. Introduction
These Terms of Use and End User Agreement (Terms) govern access to and use of the Brikfolio property portfolio management platform, including the website, web application, software, dashboards, reporting tools, analytics, data storage, integrations, APIs, free trial services, paid subscription services and related support services.
The Platform is owned and operated by AirAi Pty Ltd ABN 37 680 869 845, trading as Brikfolio. In these Terms, Brikfolio, AirAi, we, our and us refer to AirAi Pty Ltd ABN 37 680 869 845, trading as Brikfolio.
By creating an Account, clicking “I agree”, accessing or using the Platform, you agree to be legally bound by these Terms. If you do not agree, you must not create an Account or use the Platform.
2. Definitions
Account means a registered user account for accessing the Platform.
Account Owner means the person or organisation that creates or controls a Subscription.
Authorised User means an individual permitted by the Account Owner to access the Platform.
Customer Content means all data, documents, files, property records, financial information, investor information, ownership records, loan details, tenancy information, valuation data, notes, reports, images and other content uploaded, entered, imported, generated, stored or transmitted through the Platform by or on behalf of a User.
Free Trial means temporary access to the Platform without payment for evaluation purposes.
Paid Subscription means a paid plan for access to the Platform.
Platform means Brikfolio’s property portfolio management software, website, applications, dashboards, reports, analytics, APIs, integrations, documentation and related services.
Subscription means a Free Trial or Paid Subscription.
User, you or your means the Account Owner and each Authorised User.
3. Eligibility and authority
You may only use the Platform if you are at least 18 years old, have legal capacity to enter into binding agreements, provide accurate information, have authority to bind any organisation you represent, and comply with these Terms and all applicable laws.
4. Account registration and security
You must create an Account to access certain Platform features.
You are responsible for keeping login credentials secure, all activity under your Account, ensuring Authorised Users comply with these Terms, maintaining current billing and contact information, and promptly notifying Brikfolio of unauthorised Account access.
Brikfolio may suspend access if it reasonably suspects unauthorised access, security risk, misuse, unlawful activity or breach of these Terms.
5. Licence to use the Platform
Subject to these Terms and payment of applicable fees, Brikfolio grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal property portfolio management purposes.
You must not sell, resell, rent, lease, sublicense or commercially exploit the Platform without written consent; copy, modify, reverse engineer, decompile or disassemble the Platform; bypass restrictions or security controls; build a competing product; scrape or bulk extract Platform data except through authorised export functionality; interfere with operation, security or integrity; upload harmful code; or use the Platform unlawfully or fraudulently.
6. Property portfolio management functionality
Brikfolio may provide tools for recording property ownership and portfolio details, tracking acquisition costs, rental income, expenses, loans and performance metrics, storing property-related documents, generating dashboards, summaries, calculations, reports and forecasts, integrating with third-party systems, exporting information and managing multi-property or multi-entity portfolios.
Platform functionality may differ by plan, location, release version, integration availability, data quality and User configuration.
7. No professional advice
Brikfolio provides software tools only and does not provide financial product advice, personal financial advice, investment advice, property valuation services, lending or mortgage advice, taxation advice, accounting advice, legal advice, estate planning advice or asset structuring advice.
Reports, forecasts, dashboards, calculations, analytics, valuations, assumptions, insights and alerts generated by the Platform are provided for information and record-keeping purposes only.
You must obtain independent professional advice before making legal, tax, accounting, lending, investment, valuation, acquisition, disposal, structuring or financial decisions.
You are responsible for verifying the accuracy, completeness and suitability of Platform outputs before relying on them.
8. Customer Content
You retain ownership of Customer Content.
You grant Brikfolio a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, back up, analyse and use Customer Content solely to provide the Platform, operate and improve features, provide support, maintain security, comply with law, generate requested reports and outputs, and manage integrations and data flows.
You warrant that you have all rights and permissions required to upload Customer Content, Customer Content is accurate to the best of your knowledge, Customer Content does not infringe third-party rights, personal information in Customer Content has been collected and disclosed lawfully, and you have obtained necessary consents from owners, investors, tenants, advisers and other individuals.
9. Data accuracy and third-party data
Platform outputs depend on Customer Content, User settings and third-party data.
Brikfolio is not responsible for errors caused by inaccurate User input, incomplete records, outdated property, market, rent, loan, tax or valuation data, third-party integration failures, assumptions selected by Users, or changes in law, market conditions, lender terms or tax treatment.
Brikfolio may correct software errors but does not guarantee that all calculations, reports or outputs are error-free.
10. Free Trial Terms
Brikfolio may offer Free Trial access for evaluation purposes only.
Free Trial access may include limits on number of properties, number of users, reporting features, storage, integrations, exports, support and duration.
Brikfolio may modify, suspend or end a Free Trial where reasonable, including for suspected misuse, security risk, breach of Terms or expiry of the trial period.
Unless otherwise stated during sign-up, a Free Trial does not automatically convert to a Paid Subscription unless the User provides billing details and accepts the relevant paid plan terms.
If a Free Trial expires and is not converted to a Paid Subscription, Brikfolio may restrict access and delete trial data in accordance with its Data Retention Policy.
11. Paid Subscription Terms
Paid Subscriptions provide access to Platform features according to the selected plan.
Subscription fees are quoted in Australian dollars unless stated otherwise, exclusive of GST unless stated otherwise, payable in advance and charged according to the selected billing cycle.
Brikfolio may offer monthly, annual or other billing periods.
Paid Subscriptions renew automatically unless cancelled before the renewal date.
Brikfolio will make renewal, cancellation and billing terms reasonably clear during sign-up or account management.
Brikfolio may vary fees by giving reasonable prior notice. Fee changes apply from the next renewal period unless otherwise stated.
If payment fails, Brikfolio may suspend or restrict access after giving reasonable notice, unless immediate action is required for fraud, security or legal reasons.
12. Cancellation and refunds
You may cancel a Subscription through the account settings or by contacting support@brikfolio.com.au.
Unless required by law or expressly stated in your plan terms, cancellation takes effect at the end of the current billing period, fees already paid are non-refundable, and access may continue until the end of the paid period.
Nothing in this clause limits rights that cannot be excluded under the Australian Consumer Law.
13. Acceptable Use Policy
You must not use the Platform to upload unlawful, misleading, defamatory, discriminatory or infringing content; process personal information unlawfully; impersonate another person; access data without authority; conduct security testing without written permission; overload or disrupt the Platform; introduce viruses, malware, worms, ransomware or harmful code; use the Platform for fraudulent property, financial or investment activity; misrepresent reports as professional advice issued by Brikfolio; or breach privacy, consumer, financial services, taxation or property laws.
14. Privacy
Brikfolio handles personal information in accordance with the Brikfolio Privacy Policy.
Where applicable, Brikfolio will take reasonable steps to comply with the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Notifiable Data Breaches scheme and applicable privacy, data security and electronic communications laws.
The Privacy Policy is incorporated into these Terms.
15. Security
Brikfolio will maintain reasonable administrative, technical and organisational safeguards designed to protect Customer Content.
Security measures may include access controls, encryption in transit, backup procedures, audit logging, monitoring and internal access restrictions.
You acknowledge that no electronic transmission or storage system is completely secure.
You are responsible for secure password practices, appropriate user permissions and restricting access within your organisation.
16. Third-party services and integrations
The Platform may integrate with third-party services such as accounting platforms, banking services, property management tools, document storage providers, analytics tools and cloud services.
Third-party services are not controlled by Brikfolio. Brikfolio is not responsible for third-party outages, data errors, API changes, fees, terms, acts or omissions.
Use of third-party services may be subject to separate terms and privacy policies.
17. Intellectual property
Brikfolio and its licensors own all intellectual property rights in the Platform.
These Terms do not transfer ownership of the Platform, software, algorithms, design, methods, workflows, documentation, branding or technology.
You must not remove copyright, trade mark or proprietary notices.
Feedback you provide may be used by Brikfolio to improve the Platform without restriction or payment, provided Brikfolio does not disclose your confidential information.
18. Confidentiality
Each party must protect confidential information using reasonable care.
Confidential information may be disclosed with consent, to employees, contractors, advisers and service providers who need to know, where required by law, or to enforce rights under these Terms.
Confidentiality obligations do not apply to information that is public, independently developed or lawfully received from a third party.
19. Support, updates and changes
Brikfolio may provide support through email or other channels. Support levels may vary by Subscription plan.
Brikfolio may update, improve, modify, add or remove Platform features.
Brikfolio will use reasonable efforts to avoid materially reducing core paid functionality during a current paid term, unless required for security, legal, operational or technical reasons.
20. Availability
Brikfolio will use commercially reasonable efforts to maintain Platform availability.
Brikfolio does not guarantee uninterrupted, error-free or continuous availability.
Access may be interrupted by maintenance, outages, third-party services, security issues, force majeure events or circumstances beyond Brikfolio’s reasonable control.
21. 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), the Australian Consumer Law or other applicable law that cannot lawfully be excluded, restricted or modified.
Where Brikfolio is permitted to limit liability for breach of a non-excludable guarantee, liability is limited, at Brikfolio’s option, to supplying the services again or paying the cost of having the services supplied again.
Any clause that would otherwise be invalid or unenforceable will be read down to the minimum extent necessary to comply with law.
22. Warranties and disclaimers
To the maximum extent permitted by law, the Platform is provided “as is” and “as available”; Brikfolio does not warrant that the Platform will be uninterrupted, error-free, secure or suitable for your particular purpose; Brikfolio does not warrant the accuracy of third-party data; Brikfolio does not warrant investment, tax, lending, accounting, valuation, legal or financial outcomes; and you use Platform outputs at your own risk.
23. Limitation of liability
To the maximum extent permitted by law, Brikfolio is not liable for loss of profit, revenue, opportunity, goodwill, anticipated savings, loss or corruption of data, indirect, consequential, incidental, special or punitive loss, or investment, property, lending, tax or financial loss arising from reliance on Platform outputs.
Subject to clause 21, Brikfolio’s aggregate liability arising out of or in connection with the Platform is limited to the greater of AUD $10,000 or the fees paid by the User to Brikfolio in the 12 months before the event giving rise to the claim.
This limitation does not apply to liability that cannot be excluded or limited by law.
24. Indemnity
You indemnify Brikfolio and its officers, employees, contractors and agents against losses arising from your breach of these Terms, unlawful use of the Platform, Customer Content, breach of privacy or confidentiality obligations by you, unauthorised use of another person’s data, claims by owners, tenants, investors, clients or third parties arising from your use of the Platform, or misuse of Platform reports or outputs.
25. Suspension and termination
Brikfolio may suspend or terminate access where you breach these Terms, payment is overdue, security risk exists, unlawful activity is suspected, required by law, or continued access may harm the Platform, Brikfolio or another user.
Where reasonable, Brikfolio will give notice and an opportunity to remedy before suspension or termination.
On termination, your licence ends, access may be disabled, fees already paid remain non-refundable unless required by law, and data may be retained or deleted under the Data Retention Policy.
26. Data export and deletion
You may request export of Customer Content within 30 days after termination, where technically feasible.
Brikfolio may delete Customer Content after the applicable retention period, subject to legal, compliance, backup and dispute resolution requirements.
Deleted data may remain in backups for a limited period until overwritten or securely deleted according to standard backup cycles.
27. Changes to Terms
Brikfolio may update these Terms from time to time. For material changes, Brikfolio will take reasonable steps to notify Users.
Continued use after the effective date of updated Terms constitutes acceptance.
For material changes that adversely affect a current paid Subscription, Brikfolio should consider allowing the User to cancel before the change applies, to reduce unfair contract term risk.
28. Notices
Notices to Brikfolio must be sent to support@brikfolio.com.au.
Brikfolio may send notices to the email address associated with your Account, through the Platform or by website notice.
29. Governing law
These Terms are governed by the laws of Victoria, Australia.
The parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth courts sitting in Victoria.
Privacy Policy
1. Who we are
Brikfolio is a property portfolio management platform operated by AirAi Pty Ltd ABN 37 680 869 845, trading as Brikfolio. This Privacy Policy explains how we collect, use, disclose, store and protect personal information.
2. Privacy laws
Where applicable, we handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and the Notifiable Data Breaches scheme.
3. Information we collect
We may collect name, email address, phone number, organisation details, billing details, property ownership information, property address information, tenant or occupant information if uploaded by Users, investor or beneficiary information if uploaded by Users, loan, rent, income, expense and financial records, uploaded documents, communications with support, usage logs, device, browser, IP address and technical information, and integration data authorised by the User. If you join the Brikfolio waitlist, we also collect your city and state, how many properties you own, the types of property you invest in, your target portfolio, how you heard about us, the name of anyone who referred you, and anything else you choose to tell us.
4. How we collect information
We collect information when you create an Account, join the waitlist, use the Platform, upload or import data, connect third-party integrations, contact support, subscribe or pay, visit the website, or when another User uploads information about you.
5. Why we use information
We use information to provide and operate the Platform, manage the waitlist and invite you to the Platform, create and manage Accounts, generate reports and analytics, process subscriptions and payments, provide support, improve the Platform, manage security and fraud prevention, comply with legal obligations, communicate service updates and enforce terms and policies.
6. Disclosure
We may disclose information to cloud hosting providers, customer relationship management (CRM) providers, payment processors, analytics providers, email and communications providers, professional advisers, support contractors, third-party integration providers, regulators, courts or law enforcement where required by law, and buyers or investors in connection with a corporate transaction subject to confidentiality arrangements where appropriate.
7. Overseas disclosure
Some service providers store or process information outside Australia. In particular, if you join the waitlist, your name, email address, phone number, city, state, the number and types of properties you own, your target portfolio and your waitlist status are stored in HubSpot, the customer relationship management service we use to manage the waitlist and contact you. HubSpot stores this information in the United States. Where we disclose personal information overseas, we will take reasonable steps required by applicable law to protect it.
8. Security
We use reasonable technical, administrative and organisational safeguards to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure.
9. Access and correction
You may request access to or correction of your personal information by contacting support@brikfolio.com.au.
10. Complaints
Privacy complaints may be sent to: Privacy Officer, AirAi Pty Ltd ABN 37 680 869 845, support@brikfolio.com.au, subject line: Privacy Complaint. We will review and respond to privacy complaints in accordance with applicable law.
11. Notifiable Data Breaches
If we become aware of a data breach that is likely to result in serious harm and the Notifiable Data Breaches scheme applies, we will take steps required by law, including notifying affected individuals and the OAIC where required.
Website Terms and Conditions
1. Website use
These Website Terms apply to use of the Brikfolio website at www.brikfolio.com.au.
2. General information only
Website content is general information only and does not constitute financial, tax, legal, lending, accounting, valuation or investment advice.
3. Intellectual property
All website content, branding, copy, design, graphics and materials are owned by or licensed to AirAi Pty Ltd ABN 37 680 869 845.
4. No misuse
You must not misuse the website, interfere with security, scrape content, upload harmful code or use the website unlawfully.
5. External links
The website may include links to third-party websites. Brikfolio is not responsible for third-party content or practices.
6. Governing law
These Website Terms are governed by the laws of Victoria, Australia.
Data Retention and Deletion Policy
1. Active accounts
Customer Content is retained while the Account or Subscription remains active.
2. Free trials
Free Trial Customer Content may be deleted 30 days after expiry unless the User converts to a Paid Subscription or requests export before deletion.
3. Cancelled paid subscriptions
Following cancellation or termination of a Paid Subscription, Users may request export of Customer Content within 30 days. After that period, Brikfolio may delete or anonymise Customer Content unless retention is required for legal, tax, invoicing, dispute resolution, security or compliance purposes.
4. Backups
Deleted data may remain in encrypted or restricted backups until overwritten or deleted in accordance with Brikfolio’s backup cycles.
5. Legal retention
Brikfolio may retain limited records where required for taxation, accounting, legal, fraud prevention, dispute handling or compliance purposes.
Acceptable Use Policy
Prohibited activities
Users must not breach laws, upload malicious code, attempt unauthorised access, interfere with Platform availability, use false identities, upload data they are not authorised to use, misuse property, tenant, investor or owner information, use Brikfolio to mislead lenders, investors, regulators or counterparties, resell access without permission, or use automated scraping unless authorised.
Security Policy Summary
1. Security commitment
Brikfolio uses reasonable administrative, technical and organisational safeguards to protect the Platform and Customer Content.
2. Measures may include
Access controls, encrypted transmission, password requirements, role-based permissions, audit logs, backup procedures, security monitoring, incident response procedures, vendor management and least-privilege internal access.
3. User responsibilities
Users must keep credentials confidential, use strong passwords, restrict access to authorised personnel, remove access for departed staff or advisers, avoid uploading unnecessary sensitive information and notify Brikfolio of suspected unauthorised access.
4. No absolute guarantee
No platform can guarantee absolute security.