Beta Tester Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. This Beta Tester Agreement ("Agreement") is a legally binding contract between you ("you", "Tester") and the operator of RealestateCopilot ("RealestateCopilot", "we", "us", "our"). By ticking the acceptance box, creating an account, or accessing or using the RealestateCopilot beta in any way, you agree to be bound by this Agreement. If you do not agree, do not create an account and do not access the beta.

This Agreement applies in addition to our Terms of Service and Privacy Policy. Where there is any inconsistency in relation to the beta programme, this Agreement prevails.

1. Definitions

• "Platform" means the RealestateCopilot software, websites, applications, AI assistant ("Phil"), APIs, and all related services made available to you as part of the beta.
• "Beta" means the pre-release, evaluation version of the Platform provided to Testers.
• "Confidential Information" means any non-public information disclosed to or observed by you in connection with the Beta, in any form, whether or not marked confidential, including but not limited to: the existence, features, functionality, user interface, design, layout, look and feel, workflows, and behaviour of the Platform; the AI assistant's prompts, persona, capabilities, and outputs; the business model, pricing, plans, and tiers; the product roadmap and unreleased features; data sources, architecture, methods, and "know-how"; analytics, performance, and any bugs or limitations; and any other information that a reasonable person would understand to be confidential given its nature or the circumstances of disclosure.
• "Feedback" means any suggestion, idea, comment, bug report, feature request, review, or other input you provide regarding the Platform.

2. Grant of Access

Subject to your compliance with this Agreement, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Beta solely for the purpose of evaluating it and providing Feedback. This licence does not transfer any ownership and may be suspended or revoked by us at any time, for any reason, without notice or liability. You must not share your account or access with any other person.

3. Confidentiality (Important)

You acknowledge that the Platform and all Confidential Information are valuable, proprietary, and constitute trade secrets and commercially sensitive information of RealestateCopilot, and that we would suffer serious harm if they were disclosed or misused. You agree that, both during and after your participation in the Beta:

• Non-disclosure. You will keep all Confidential Information strictly confidential and will not disclose, publish, demonstrate, or otherwise make it available to any third party.
• Non-use. You will use Confidential Information only to participate in the Beta and for no other purpose. In particular, you will not use it, directly or indirectly, to design, develop, build, fund, operate, advise on, or assist any product, service, or business that competes with, replicates, or is substantially similar to the Platform.
• No copying or recording. You will not copy, screenshot, screen-record, photograph, publicly post, live-stream, blog, or otherwise reproduce or publish any part of the Platform or its content without our prior written consent.
• No reverse engineering. You will not reverse engineer, decompile, disassemble, scrape, or attempt to derive the source code, models, prompts, or underlying methods of the Platform.
• Protection. You will take reasonable steps (at least as protective as you would take for your own most sensitive information) to prevent unauthorised disclosure or use.
• Compelled disclosure. If you are legally required to disclose Confidential Information, you will, where lawful, give us prompt written notice so we may seek a protective order, and will disclose only the minimum required.

Exclusions. Confidentiality obligations do not apply to information that you can demonstrate: (a) is or becomes public through no act or omission of yours; (b) was lawfully in your possession, without obligation of confidence, before disclosure to you; or (c) is independently developed by you without any use of or reference to the Confidential Information.

Survival. These confidentiality obligations survive termination of this Agreement and continue for five (5) years, except that, for any Confidential Information that constitutes a trade secret, the obligations continue for as long as the information remains a trade secret.

4. Non-Circumvention

During your participation in the Beta and for a period of twelve (12) months afterwards, you will not knowingly use Confidential Information to develop, or to assist any other person to develop, a product or service that is substantially similar to or competitive with the Platform. The parties intend this restraint to apply to the maximum extent that is reasonable and enforceable; if any part is found unreasonable, it is to be read down (in duration or scope) to the extent necessary to remain enforceable, and otherwise severed. Nothing in this clause prevents you from independently developing a product without any use of Confidential Information.

5. Intellectual Property

All intellectual property rights in and to the Platform (including all software, designs, interfaces, content, trademarks, the "RealestateCopilot" and "Phil" names, and all improvements) are and remain the exclusive property of RealestateCopilot. No rights are granted to you except the limited access licence in clause 2.

Feedback. You assign to us, and to the extent any assignment cannot take effect you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sub-licensable licence to, all rights in any Feedback. We may use, implement, modify, and commercialise Feedback for any purpose without restriction, attribution, or compensation to you. You waive any moral rights in Feedback to the extent permitted by law. You will not acquire any ownership, licence, or other interest in the Platform by reason of providing Feedback or having a suggestion implemented.

You agree not to apply for or register any intellectual property right (including any patent, trade mark, or design) that incorporates or is derived from the Platform or Confidential Information.

6. Acceptable Use

You agree to use the Beta lawfully and in good faith, and not to: use it for any unlawful, harmful, or fraudulent purpose; probe, scan, or test the vulnerability of, or breach the security of, the Platform; introduce malware; interfere with or disrupt the Platform; share access credentials; bypass or attempt to bypass quotas, rate limits, tier gates, or safety systems; use the Platform or its outputs to build, train, benchmark, or improve any competing product or AI model; or upload content you do not have the right to upload. If you upload documents to a knowledge base, you warrant that you hold all necessary rights and consents to do so. The Acceptable Use rules in the Terms of Service also apply.

7. Beta Nature; No Warranty

You acknowledge the Beta is a pre-release, evaluation product that may be incomplete, contain errors, change without notice, lose or corrupt data, or become unavailable. The Beta is provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law, we exclude all warranties, express or implied. AI-generated outputs may be inaccurate and must not be relied upon as financial, legal, tax, or real-estate advice; you must independently verify before acting. Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, it is limited (at our option) to re-supplying the relevant service.

8. Limitation of Liability

To the maximum extent permitted by law, RealestateCopilot will not be liable to you for any indirect, incidental, special, or consequential loss, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with the Beta or this Agreement. To the extent our liability may otherwise arise and can be limited, our total aggregate liability is limited to AUD $100. This clause does not limit liability that cannot be limited by law.

9. Indemnity

You indemnify us against any loss, damage, cost, or expense (including reasonable legal costs) we suffer or incur arising out of or in connection with your breach of this Agreement, including any breach of confidentiality (clause 3), non-circumvention (clause 4), intellectual property (clause 5), or acceptable use (clause 6), or your unlawful or unauthorised use of the Beta.

10. Injunctive Relief

You acknowledge that a breach or threatened breach of clause 3 (Confidentiality), clause 4 (Non-Circumvention), or clause 5 (Intellectual Property) may cause us irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other remedy, we are entitled to seek urgent injunctive or other equitable relief without the need to prove actual damage or to provide security.

11. Term and Termination

This Agreement applies from your acceptance and continues until the Beta ends or your access is terminated. We may terminate or suspend your access at any time, for any reason, without notice. On termination, you must stop using the Platform, and (if asked) destroy or return any Confidential Information in your possession. Clauses 3, 4, 5, 8, 9, 10, and 12 survive termination.

12. General

• Governing law. This Agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of its courts.
• Entire agreement. This Agreement, together with the Terms of Service and Privacy Policy, is the entire agreement between the parties about the Beta and supersedes any prior understanding.
• Variation. We may update this Agreement; the version in force is the one you accepted at sign-up, and material changes will be notified by updating the version and date. Continued use after a change constitutes acceptance.
• Severability. If any provision is unenforceable, it is read down or severed to the minimum extent necessary, and the rest remains in force.
• No waiver. A failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign this Agreement. We may assign it in connection with a sale or reorganisation of our business.
• Record of acceptance. We record the version, date, time, and IP address of your acceptance as evidence of your agreement.

13. Acceptance

By ticking "I have read and agree to the Beta Tester Agreement" at sign-up, or by accessing the Beta, you confirm that you have read, understood, and agree to be bound by this Agreement, including the confidentiality, non-circumvention, and intellectual-property obligations above.

Questions about this Agreement? Contact legal@realestatecopilot.com.au.