Terms & Conditions

For Real Estate Businesses

Last updated: 6 May 2026

These new terms of service will take effect on 12 May 2026.
Please review the online notice in our Help Centre here, which explains the changes to these terms in more detail.
The most recent prior version of these Terms of Service is available here .

Introduction
  1. These Terms
    1. These Terms apply to your use of the Ailo Platform. They are a binding agreement between Ailo Pty Ltd (ACN 603 174 714) (us, we or our) and you, with you being any individual person or legal entity that agrees or otherwise accesses or uses the Ailo Platform. You may be a:
      1. A PM Company – a property management company.
      2. A Delegate – a real estate professional using the Ailo Platform to manage a property on behalf of a PM Company.
    2. By accessing the Ailo Platform, you agree:
      1. to be bound by these Terms;
      2. to be bound by any Ailo policies posted on the Ailo Platform (for example, policies related to the security of access credentials); and
      3. that you have read and understood our Privacy Policy available at Ailo.io/privacy; and
      4. You have received the PDS and FSG - see https://ailo.io/pds-fsg.
    3. To the extent of any inconsistency between these Terms and a policy posted on the Ailo Platform, these Terms take precedence over any policies.
    4. You must be at least 18 years of age to use the Ailo Platform.
  2. Amendment and Updates
    1. Amendment to Terms
      1. We may in our sole discretion modify any part of these Terms. We will give you 30 days' notice of any change by notifying you at the contact details supplied and publishing a notice and the amended Terms on the Ailo Platform. You are responsible for checking the Ailo Platform for changes to these Terms.
      2. Your continued use of or access to the Ailo Platform following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not accept the changes, you are free to end this agreement and your access to the Ailo Platform by completing the unsubscribe process.
    2. Updates and enhancements
      We may (but are not required to) provide standard or progressive updates, changes or amendments to the Ailo Platform as we see fit to ensure proper operation and interaction of all parts of the Ailo Platform and any general enhancements that may be introduced.
  3. Using the Ailo Platform
    1. Tool for managing interactions
      1. You may use the Ailo Platform for purposes related to the management (including workflow management) of your real estate business. For example, you may use the Ailo Platform to manage your relationships with Property Investors, Renters, Property Owners and Service Providers, including via chat functionality and other tools to manage leases (including in relation to repairs, inspections, renewals and breaches).
      2. You:
        1. acknowledge that the Ailo Platform is an assistance tool only – you are solely responsible for the management of your relationships with Property Investors, Renters, Property Owners and Service Providers and your compliance with applicable Laws, including applicable real estate industry laws; and
        2. must ensure that your use of the Ailo Platform, including all communications you send (or that are sent on your behalf) via the Ailo Platform, comply with all applicable Laws;
      3. Although we will use reasonable efforts to preserve, for a reasonable period of time, records (including chat records) relating to your use of the Ailo Platform for purposes related to the management of your real estate business, we make no assurances that such records will be retained or not be lost.
    2. Tool for managing trust accounts
      Ailo may have an agreement with you to provide tools to manage your Trust Account.Under this arrangement:
      1. Ailo is not providing the Trust Account, this is supplied by your authorised financial institution.
      2. Ailo is not managing the Trust Account, it is only providing the tools (via the Ailo platform) to:
        1. report payments made into and out of the Trust Account;
        2. provide statements detailing the payments made or received from the Trust Account; and
        3. disburse payments to the Property Investor’s nominated bank account and your nominated bank account.
      3. You acknowledge that the disbursements to the Property Investor and PM Company’s Wallet will be managed by Ailo Pay (see clause 13) by way of a standing authority to direct debit your nominated Trust Account and the disbursement made will be based upon the completed and reconciled Trust Account, as entered by you into the Ailo Platform.
      4. Ailo will not be responsible for any Trust Account payments made, reported upon or detailed in a statement as a result of payment or payer details incorrectly loaded, not loaded or loaded late into the Ailo Platform.
      5. Ailo does not provide trust accounting advice and all transactions, including deposits, made in relation to the Trust Account are your responsibility. Before acting on any information, you should consult your accountant to ensure you are adhering to any trust accounting processes relevant to you and your business.
    3. Tool for bonds management
      Ailo may have an agreement with you to process bond payments and disbursements. Under this arrangement:
      1. You must adhere to the Laws and Bond Authority guidelines for your relevant state.
      2. You must abide by the determination of the relevant Bond Authority with respect to the amount owing to the Property Investor to be deducted from the bond. You must not attempt to claim any amount of the bond with the intention of transferring it to Renters.
      3. In the event a portion of the refunded bond claim is owed to Renters, you must immediately inform Ailo support via the support functionality on the Ailo 'Help' page or by contacting support@ailo.io, to arrange disbursement of the funds.
      4. You must not unnecessarily delay the release of funds owed to Property Investors, Service Providers or Renters by failing to process a claim through Ailo.
    4. Tools for charging Renters or Property Investors for processing of payments.
      Ailo may have an arrangement with you to process payments fees on your behalf to your Renters using Ailo Pay.Under this arrangement:
      1. You must adhere to Laws and rent payment guidelines of the state where the property under management resides; and
      2. Ailo will report to you the fees and charges associated with payment methods made available through the Platform to Renters on your behalf and the fees and charges associated with processing these payments for you.
    5. Accessing other services through the Ailo Platform
      1. The Ailo Platform may facilitate Service Providers making offers to you from time to time, and allows Service Providers and you to communicate with each other while those services are fulfilled. You are under no obligation to accept the offers of these Service Providers and any relationship you do enter into, is between you and the Service Provider. If you subscribe to a service offering provided by a Service Provider, you acknowledge that you have formed a commercial agreement with the Service Provider and not directly with Ailo; regardless of any independent commercial arrangement Ailo may have with that Service Provider.
      2. As set out in the Privacy Policy, no Personal Information is shared with a Service Provider unless and until you agree and consent to that sharing.
      3. Ailo is not liable for any Service supplied by a Service Provider.
      4. When you make payments within the Ailo Platform, for using a Service Provider, the Service Provider may charge you fees.Ailo accepts no responsibility for these fees.
    6. Tool for sending surveys and other content
      1. Depending on the particular products and services to which you have subscribed, we may:
        1. generate content for you to consider sending to your Property Investors, and Renters and Property Owners; and
        2. allow you to use the Ailo Platform to amend such content as you see fit and send to your Property Investors and Renters and Property Owners.

          For example, where you, as a PM Company, have a Property Investor client with properties in a certain area, we may generate content regarding the rental market in that area, and allow you to view such content, amend it as you see fit, and send it to your Property Investor client.
      2. Depending on the particular products and services to which you have subscribed, we may also:
        1. allow you to use the Ailo Platform to send general communications to, and receive communications from, your Property Investors and Renters; and
        2. send surveys to your Property Investors and Renters on your behalf.
      3. Where you use the Ailo Platform in the manner described in this clause, you:
        1. agree that you are solely responsible for the sending of such content; and
        2. warrant that in sending such content (or authorising us to send such content on your behalf), you will comply the Privacy Act, the Spam Act 2003 (Cth) and all other applicable Laws, including by ensuring that you have obtained all necessary consents to send the content (or have us send the content on your behalf).
    7. Use of AI Systems
      1. The Ailo Platform may incorporate AI Systems to allow for various functionalities. Ailo will use best endeavours to design, develop and test the AI Systems in ways which ensure that their operation is sufficiently transparent to enable you to understand and use any functionality provided by the AI System appropriately.
      2. These functionalities are provided to augment, not replace, your existing review processes.You should maintain and follow your established internal controls and approval workflows. Without limiting the generality of this clause, the functionalities of the Ailo Platform insofar as they rely on AI Systems, are provided “as is,” without any warranty of accuracy, completeness, merchantability or fitness for a particular purpose, and Ailo makes no guarantee that they will be error-free.
  4. Privacy and Information Usage
    1. How will information on the Ailo Platform be accessed and used?
      1. The information you create and share on the Ailo Platform may be accessed by us and other users of the Ailo Platform where relevant to the context of the service being provided.Some examples are set out in the clauses below.
        1. If you are a PM Company, the information you create and share (including through a Delegate) may be viewable by your Property Investors, Renters and Service Providers as you interact with those persons in the course of managing properties.
        2. If you are a Delegate, the information you create and share may be accessed by your PM Company, as well as by Property Investors, Renters and Service Providers as you interact with those persons in the course of managing properties on behalf of your PM Company.
        3. If you are a PM Company, the information you create and share (including through a Delegate) in relation to each property you manage will be associated with your management of that property. If a management ends with you and the Property Investor engages a new PM Company on Ailo, the new PM Company will start a new management and will not have access to the property management history you created during your management.
      2. Information on the Ailo Platform may be accessed and viewed by Ailo and its employees, to the extent required to provide services as contemplated by these Terms. To the extent permitted by Law, you consent to the use of such information:
        1. for any purpose contemplated by these Terms and/or our Privacy Policy;
        2. to allow Service Providers to make anonymised offers to you via the Ailo Platform in such as a way as a Service Provider will not have any access to Your Data, unless you subsequently enter into an agreement with that Service Provider; and
        3. to create derivative, aggregated and anonymised works (for example, data insights and reports) and make such works available to you and other Ailo Platform users.
      3. By sharing, creating, posting, uploading or otherwise allowing access to Your Data (or allowing Delegates to do this on your behalf):
        1. you represent and warrant that you are legally entitled to distribute such content to us and other persons as contemplated by these Terms; and
        2. you grant us a royalty-free, perpetual, irrevocable, sub-licensable right to use Your Data solely for the purposes described in these Terms and the Privacy Policy (and you warrant that you have all rights necessary to grant this licence, including (where you are a PM Company) in relation to any data generated by your Delegates).
      4. Notwithstanding anything in these Terms and/or our Privacy Policy, Ailo will not sell or give away Your Data. Ailo will allow access to, and use, Your Data in ways contemplated by these Terms and as otherwise required by Law.
      5. We have the right (but not the obligation) to remove any of Your Data that we reasonably consider violates these Terms or any applicable Law, without notice.
    2. Use of Personal Information
      1. We will handle all Uploaded Personal Information in accordance with the Privacy Policy.
      2. Where you are a Delegate and you make your Personal Information available to us by using Ailo, you consent to the collection, use, storage and disclosure of that information as described in these Terms, the Privacy Policy and any other policy posted on the Ailo Platform. We will use Uploaded Personal Information to the extent required to provide our products and services as described in these Terms and on the Ailo Platform.
      3. Where you make Personal Information available to us by using the Ailo Platform (including where you are a PM Company and you do so through a Delegate), you must procure from each of those persons their consent to the collection, use, storage and disclosure of their Personal Information as described in these Terms, the Privacy Policy and any other policy posted on the Ailo website.
      4. We will not disclose any Uploaded Personal Information to third parties except to the extent required to provide our products and services as described in these Terms (for example, to service providers who are contracted by us to support our functions, and as described in clause 3.5).
      5. You warrant that:
        1. any Uploaded Personal Information was lawfully collected and made available to us (and other third parties as contemplated by these Terms); and
        2. you have complied and will comply with the Privacy Act (whether or not actually bound by that Act) in relation to that Uploaded Personal Information including by:

          (A) obtaining and maintaining any necessary consents from the individuals to whom the Uploaded Personal Information relates;

          (B) providing necessary notifications to the relevant individual that his or her Personal Information will be disclosed to us; and

          (C) directing the relevant individuals to the Privacy Policy.
    3. Privacy collection notice
      1. Ailo Pty Ltd (ACN 603 174 714) and its related bodies corporate, including Ailo Pay Pty Ltd (ACN 621 914 163) are collecting Uploaded Personal Information through your, and your Delegates’, use of and access to the Ailo Platform.Ailo can be contacted through the Privacy Officer at Ailo Pty Ltd, 5/9 Barrack Street, Sydney NSW 2000, Australia, and by email: privacy@ailo.io, where you can also seek access to and correct your information.
      2. We collect and use Uploaded Personal Information to verify who you are and make the Ailo Platform available to you, to respond to your enquiries, to receive your feedback, to ensure we can contact you regarding the Ailo Platform, for our business operations and to comply with the Law.
      3. These terms and our Privacy Policy explain how we usually collect, use and disclose your Personal Information.
      4. If you have a complaint, you can contact us using the contact information at clause 4.3(a) and we will deal with the complaint in accordance with our Complaints Handling Procedure.
      5. The Personal Information is usually disclosed to those organisations as detailed in clause 4. To operate our business, from time to time, we may disclose information to third party IT service providers located overseas.
  5. Security and Access
    1. Security program
      Ailo has invested in technical, physical and administrative safeguards to ensure data and the platform is safe and secure. Ailo also maintains a comprehensive compliance program that includes independent third-party audits and certifications.No system is completely secure however, and we cannot guarantee absolute security.

      You acknowledge that you have an important part to play in keeping your login details secure, not sharing your credentials, ensuring security features such as multi-factor authentication is set up and by ensuring you have a strong password and physical security practices.
    2. Security of access credentials
      1. In order to login to the Ailo Platform, you will be provided with account access credentials. You are responsible for keeping these access credentials secure. You must immediately notify us, by messaging us via the 'Support' functionality on the Ailo Platform 'Help' page, of any suspected or actual unauthorised use of your access credentials (including if you believe someone has or may have scheduled payments without your permission or if you believe your access credentials have been compromised).
      2. You must not permit any third party to use your access credentials to log in to the Ailo Platform. To avoid any doubt, this does not prevent you from allowing your Delegates to use the Ailo Platform on your behalf (but such Delegates must use their own access credentials).
      3. We and our Related Bodies Corporate, contractors, suppliers and licensors will not be liable in relation to:
        1. any acts or omissions made by or on behalf of you; or
        2. any unauthorised use of your account,
          including in respect of any resulting damages of any kind.
      4. We will use reasonable endeavours to implement industry standard safeguards with respect to the Ailo Platform, however security is a joint responsibility and you are solely responsible for:
        1. maintaining the security of your ICT environment and your access credentials; and
        2. all activities that occur under your account (whether or not authorised by you).
    3. Conditions of access
      You agree:
      1. To use the Ailo Platform in a manner that complies with all applicable Laws and is courteous to other users at all times;
      2. Not to copy, modify, merge, alter, adapt, translate, de-compile, disassemble or reverse-engineer any aspect of the Ailo Platform or to otherwise attempt to derive the source code relating to any aspect of the Ailo Platform, or to merge any software or any part of any software with any aspect of the Ailo Platform unless expressly permitted by these Terms or with our prior written consent;
      3. Not to interfere in any manner with the Ailo Platform or its source code or any work product of the Ailo Platform (except as permitted by these Terms);
      4. Not in any circumstances to sell or licence, offer for sale or licence, dispose of, pledge, encumber, underlet, lend or part with possession of its access credentials to the Ailo Platform, nor to allow any person to use or have the benefit of the Ailo Platform or any part or parts of the software, other than as permitted by these Terms;
      5. Not to remove, modify or obscure any copyright, trade mark, service mark, tagline or other notices that appear during use of the Ailo Platform;
      6. Not to use any data mining, gathering or extraction tools (excluding tools we provide for your use); and
      7. Not to access or use the Ailo Platform, or post, provide or transmit data in any way that:
        1. violates or infringes the rights of others including, without limitation, Intellectual Property Rights;
        2. is unlawful, offensive, indecent, objectionable, harassing, threatening, abusive, defamatory, fraudulent, tortious, or invasive of another's privacy;
        3. impersonates any person, business or entity, including us or our affiliates, employees and agents;
        4. misrepresents your authority to act (including, without limitation, in relation to making or receiving payments using Ailo Pay);
        5. includes personal or identifying information about another person without that person's consent to the use and handling of that person's information as contemplated by these Terms and as set out in the Ailo Platform's Privacy Policy and any other policy posted on Ailo’s website;
        6. is false, misleading, or deceptive;
        7. violates these Terms or any policy posted on Ailo;
        8. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of a computer or computer network;
        9. interferes with the use of the Ailo Platform by other users (or potential users) of the Ailo Platform;
        10. could damage, disable or impair the servers or networks used by the Ailo Platform or its users; or
        11. advertises products or service.
    4. Use of Delegates
      1. PM Companies interact with the Ailo Platform through one or more Delegates.
      2. If you are a PM Company, you agree that:
        1. you will ensure that all of your Delegates have been properly authorised by you to access or use the Ailo Platform on your behalf;
        2. you will ensure that all of your Delegates comply with these Terms and all policies on Ailo; and
      3. you are fully responsible for any access or use of the Ailo Platform by your Delegates (with any acts or omissions of your Delegates being deemed to be your acts or omissions).
    5. Licence to use and access the Ailo Platform
      1. Provided you have paid any Fees that are due, we grant you, for the Term, a non-exclusive, non-transferable, non-sub-licensable licence to use and access (and permit your Delegates to use and access on your behalf) the Ailo Platform (in relation to the particular products and services to which you have subscribed) in accordance with these Terms and solely for the Permitted Purposes. If you wish to use the Ailo Platform for any purpose other than a Permitted Purpose, you will seek our prior written consent. If such consent is granted, you may be required to enter into a separate agreement with us.
      2. All other use, reproduction or redistribution of the Ailo Platform or any part of it is prohibited (except to the extent permitted by Law) and may result in civil and criminal penalties.
  6. Disclaimers and Liability
    1. Warranties and disclaimers
      1. We reserve the right to restrict, suspend or terminate, without notice, your access to Ailo at any time where we determine, in our sole discretion, that this is necessary for purposes related to the protection, and efficient, proper and lawful operation, of Ailo. We will not be responsible for any loss, cost, damage or liability that may arise as a result.
      2. We will use commercially reasonable efforts to make Ailo available, subject to the need to conduct scheduled and emergency maintenance from time to time.
      3. We cannot and do not guarantee the privacy, security, authenticity or non-corruption of any information transmitted through, or stored in or via Ailo. You acknowledge that despite our commercially reasonable efforts to secure and store safely all Your Data on Ailo:
        1. we cannot guarantee that third parties will not succeed in penetrating its systems by nefarious actions; and
        2. Ailo is not intended to be a data back-up or recovery service, and we make no assurances that data will be retained or not be lost.
      4. We cannot guarantee and do not promise any specific results from the use of Ailo. The reports and other information made available to you via Ailo should be treated as general indicative information only and should not be relied upon by you. To the extent permitted by Law, including the Australian Consumer Law, we make no warranty regarding such reports and information.
    2. Indemnity and liability
      1. You will defend, indemnify and hold us (and our Related Bodies Corporate) harmless from and against any and all claims, suits, losses, damages, liabilities, costs and expenses brought by third parties resulting from or relating to:
        1. your breach of these Terms or any representation or warranty given to us (including through your Delegate);
        2. any claim that the Your Data, as provided by or on behalf of you, infringes or misappropriates the rights (including Intellectual Property Rights) of any third party; or
        3. any claim brought by a third party resulting from or relating to your use of the Ailo Platform for the purposes contemplated by clause 3.1.
      2. To the maximum extent permitted by Law, including the Australian Consumer Law:
        1. The Ailo Platform is made available “as is” and we make no warranties or representations about the Ailo Platform, including but not limited to warranties or representations that it will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, that data will be accessible or backed up, or that the Ailo Platform will be secure.All implied terms, conditions, warranties and any other additional obligations are excluded from these Terms to the maximum extent permitted by Law;
        2. we shall not be liable under any circumstance for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Ailo Platform (including your Delegates' use of the Ailo Platform), or as a result of the inaccessibility of the Ailo Platform and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date; and
        3. Ailo’s maximum liability arising out of or in connection with breach of these Terms whether in contract, tort, breach of warranty (excluding statutory warranty or guarantee) or otherwise, will not exceed the Fees paid by the PM Company in the 12 months preceding the event.
        4. Where it is legally permitted to do so, and Ailo is liable for a breach of any statutory guarantee, Ailo limits its liability to, in the case of services:

          (A) the supplying of the services again; or

          (B) the payment of the cost of having the services supplied again.
    3. Third party software and content
      1. Your use of the Ailo Platform may or may not require the installation of third party software or products (such as a web browser or a PDF reader). You agree that:
        1. this is entirely your responsibility; and
        2. we are not responsible in any way to make recommendations in that regard nor to supply or install such software or products.
      2. Third party content (including links to third party websites) may be accessible via the Ailo Platform as shared by users of the Ailo Platform. You acknowledge that we have no control over any such third party content, and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such third party applications and content.
  7. Resolving disputes
    1. We do not control users of the Ailo Platform and are not liable for their acts, omissions, opinions or behaviour (including any information, advice, defamatory statements or offensive conduct).
    2. Without limitation to clause 6, we do not control the interactions that may take place between users via the Ailo Platform. For example, we have no control over any dealings between PM Companies, Property Investors, Renters, Property Owners and Service Providers.
    3. We reserve the right, but have no obligation, to become involved in or monitor disputes between you and other users of the Ailo Platform.
  8. Termination
    1. Ceasing use of products and services
      The licence granted to you in relation to a particular product or service you have subscribed to continues until:
      1. You terminate your access to the particular product or service by completing the unsubscribe process.
      2. We terminate your access to the particular product or service, or Ailo, in accordance with clause 8.2.
      3. We cease to offer the particular product or service (which we may do at any time in our sole discretion, provided that we refund any Fees for use of the particular product or service that you have paid in advance).
    2. Ending this Agreement
      1. These Terms commence upon your first use of or access to the Ailo Platform and continue in full force and effect until:
        1. you terminate your access to the Ailo Platform by informing Ailo in writing via the 'Support' functionality on the Ailo Platform 'Help' page; or
        2. we terminate your access to the Ailo Platform in accordance with this clause 8(b), (Term).
      2. We may (without notice to you) terminate these Terms or suspend or prevent your access to Ailo and/or any individual product or service available via Ailo, if any of the following apply:
        1. you breach any provision of these Terms (including where you are a PM Company and your Delegate breaches a provision of these Terms);
        2. you are an individual and you become bankrupt or insolvent, or you enter into an arrangement or composition with your creditors;
        3. you are a business and you become bankrupt or insolvent, have an official manager or receiver appointed, go into liquidation, enter into an arrangement or composition with your creditors, or cease business; or
        4. we reasonably determine that this is necessary for the secure and lawful operation of Ailo.
    3. Effect of termination
      1. Upon termination, you must cease all use of Ailo.
      2. Termination or expiry of these Terms does not relieve the parties of any accrued rights or liabilities, including with respect to outstanding or accrued Fees.
      3. To the full extent permitted by Law, we will not be responsible for any loss, cost, damage or liability that may arise from us exercising our rights under clause 8.2(b).
  9. General Provisions
    1. GST
      1. To the extent that any supply by us to you under or in connection with these Terms constitutes a taxable supply, any consideration payable by you to us will be increased by the applicable amount of GST (GST Amount), which shall be calculated by multiplying the amount upon which GST is payable by the prevailing rate of GST. This clause does not apply to the extent that the consideration for the supply is expressly stated to be GST inclusive.
      2. We must provide to you, if requested, a valid tax invoice at or prior to the time of payment of any GST Amount.
      3. To the extent that any adjustment occurs in relation to a taxable supply, we must issue an adjustment note to you within 28 days of becoming aware of the adjustment and any payment necessary to give effect to such adjustment must be made within seven days after the date of receipt of the adjustment note.
    2. Survival of provisions
      On termination or expiry of these Terms, rights and obligations which are intended to survive, or by their nature survive, termination will continue in full force and effect notwithstanding such termination or expiry.
    3. Severability
      Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
    4. No waiver
      A failure to exercise or a delay in exercising any right, power or remedy under these Terms does not operate as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
    5. Entire agreement
      These Terms contain the entire agreement between the parties with respect to its subject matter. It sets out the only conduct, representations, warranties, covenants, conditions, agreements or understandings (collectively Conduct) relied on by the parties and supersedes all earlier Conduct by or between the parties in connection with its subject matter. Neither party has relied on or is relying on any other Conduct in entering into these Terms and completing the transactions contemplated by it.
    6. Jurisdiction and governing law
      These Terms and your use of the Ailo Platform is governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
  10. Fees
    1. To use Ailo, you must pay the fees applicable to the particular products or services you have subscribed to, as determined by us from time to time (Fees).
    2. When you make payments to Ailo, via a Third Party, the Third Party may charge the Payer fees.Ailo accepts no responsibility for these fees.
  11. Centrepay Payments
    Ailo provides tools to assist PM Companies to manage Centrepay payments.From time to time a Renter or Property Investor may decide to utilise Centrepay to process a payment. Under this arrangement:
    1. Renters who wish to pay by Centrepay must have an agreement with Centrepay to enable Centrepay payments.
    2. Property Investors who wish to receive payments from Centrepay must have an agreement with a PM Company to enable Centrepay payments.
    3. PM Companies who wish to support Centrepay payments must have an agreement with Centrepay.
    4. Ailo is providing the tools (via the Ailo platform) to allocate and report Centrepay payments against a Renter and Property Investor.
    5. Ailo is not liable for any error as a result of any delayed or incorrect payment caused by incorrect or missing data supplied by the Renter, Property Investor, PM Company or Centrepay.
    6. The Centrepay service is provided free of charge to Renters.
    7. Any payments received from Centrepay in relation to this service will be net of Centrepay payment fees.
  12. Our relationships with Renters, Property Investors and Service Providers
    Whether you are a PM Company or a Delegate, Renters, Property Investors and Service Providers that you have a relationship with may sign up to Ailo. Ailo may, from time to time, offer Third Party services toRenters, Property Investors, Property Owners and Service Providers and agree to seek your approval about offering those services prior to contacting any of your Renters, Property Investors and Service Providers.
  13. Using Ailo Pay
    1. Ailo Pay
      1. The Ailo Platform provides Ailo Pay through Ailo Pay Pty Ltd (ACN 621 914 163) and its Payment Facilities Providers.
      2. Ailo Pay is provided to assist you to manage the process of:
        1. paying rent and bills
        2. receiving payment for rent and bills.
    2. Using Ailo Pay
      1. When you use Ailo Pay, you will be required to provide Ailo with information such as your contact and payment details and (if you are a business) information about your business. You must ensure that any information you provide to Ailo is accurate and current.
      2. We make Ailo Pay available to assist you:
        1. manage the process of rent collection; and
        2. make or receive payment for goods and services supplied within the property management industry.

          For example, where you are a PM Company, a Property Investor using Ailo Pay will:
        3. receive rent payments into their Wallet; and
        4. allow Ailo to disburse funds from their Wallet to your Wallet, to account for the property management fees they owe to you, as their PM Company.
      3. You acknowledge that in providing Ailo Pay, we provide a means for Payers to make payments directly to Payees, but do not:
        1. collect any amounts (for example, rent payments) on behalf of Payees;
        2. act as the agent of any Payer or Payee; or
        3. have any responsibility or liability for the goods or services to which such payments relate, or any other matter relating to any arrangement between a Payer and a Payee.
      4. If you are using Ailo Pay in a Payer capacity, we will facilitate the process of you debiting your Account and crediting your nominated Payee's Account.
      5. If you are using Ailo Pay in a Payee capacity, we will facilitate the process of debiting the relevant Payer's Account and crediting your Account.
      6. All transactions will be processed in Australian dollars.
      7. When paying by card, some cards carry more than one payment system function. These can be identified because they have either a Visa or Mastercard logo on the front of the card and an eftpos logo on the back of the card. A merchant can choose which payment system processes the transaction from those cards as both functions point to the same card account.
    3. Payment Options
      1. The payment types supported by Ailo Pay are as follows:
        1. credit and debit card (Visa and Mastercard and other card types as introduced by Ailo from time to time);
        2. bank account;
        3. Third Party Payments.
      2. When paying by card, some cards carry more than one payment system function. These can be identified because they have either a Visa or Mastercard logo on the front of the card and an Eftpos logo on the back of the card.Ailo has the right to choose which payment system processes the transaction from those cards as both functions point to the same card account.
      3. All transactions will be processed in Australian dollars.
      4. The payment option you select to offer to your Renters may incur a fee which will be evident at the time of the transaction. Details of fees associated with specific payment methods are published within the Ailo Platform, and at https://ailo.io/blog/how-to-pay-rent-with-ailo
    4. Processing and settlement times
      As a result of how the banking and payments systems operate in Australia and depending on the Account you have and the payment type you have selected, a payment could take up to three Business Days to be cleared through the banking system and be made available for disbursement to a Payee's Account.Payments initiated on days that are not Business Days (for example, weekends or public holidays) will be processed on the next Business Day.
    5. Dishonoured or declined payments
      1. From time to time, payments may be declined or dishonoured by the Payer's financial institution. We will notify both the Payer and the Payee of such declines or dishonours. We will not charge for any declines or dishonours.
      2. If a declined or dishonoured payment has been notified to us after it has been credited to the Payee's Account, we will notify the Payee of the dishonour and reverse the payment within seven Business Days.
      3. We are not responsible and have no liability (to either the Payer or the Payee, or any other person) for any declined or dishonoured payments.
    6. Voided, stopped, deferred, deleted, reversed and refunded payments
      1. Credit or debit card payments cannot be stopped or voided once processed.
      2. Bank account, and Third Party Payments cannot be stopped or voided once processed.
      3. Any scheduled payments can be voided, stopped, deleted or deferred before processing by accessing the Ailo Platform.
      4. Invalid transactions, payments made in error or payments later dishonoured may require adjustment.In this case you will be notified through the Ailo Platform and either a credit or debit initiated with seven days notice.
      5. Payments made into your Wallet can only be refunded back to your Account if any outstanding liabilities owed by you have been cleared.
      6. Once a payment has been disbursed from a Payer Wallet to a Payee Wallet, it cannot be refunded by us unless the transaction was Invalid. If you require a refund after a disbursement, and the transaction was not Invalid, you must contact Ailo via the 'Support' functionality on the Ailo Platform 'Help' page to manage the process on your behalf.
    7. Invalid transactions
      A transaction is Invalid if:
      1. It is illegal.
      2. The payment was made due to an error or an omission
      3. The Account details that were used are not valid at the time of the transaction.
      4. The Account was used without the authority of the Account owner.
      5. The approval supplied as part of the Ailo Pay sign up process was forged or unauthorised.
      6. The data supplied as part of the Ailo Pay sign up process was incomplete, inaccurate or illegible.
    8. Disputes and chargebacks
      1. You acknowledge that we are not responsible for ensuring that payments made using Ailo Pay are actually owed to the Payee. For example, we are not responsible for ensuring that the Payee has actually provided the relevant goods and services, or that rent payments are in the correct amounts.
      2. You acknowledge that you are responsible for accurately inputting information when scheduling a payment and reviewing and confirming the accuracy of such information before processing the payment. We are not liable to you in relation to any errors you make while inputting or reviewing this information.
      3. If a Payer disputes that a Payee is entitled to funds, for example because the Payee has:
        1. not supplied the goods and services as agreed;
        2. supplied goods and services that were faulty or of poor quality;
        3. charged for goods and services that were not authorised; or
        4. the transaction was Invalid;

          the process described in subclauses (v) to (ix) below applies.
        5. We will request that the Payee provides proof of the supply of the relevant goods or services and authorisation;
        6. The Payee must supply such proof within two Business Days. This proof may include, but is not limited to, the following:

          (A) an approved quote (in the case of a repair or maintenance);

          (B) proof of repairs undertaken (including but not limited to photos);

          (C) signed contracts, management agreements or lease/rental agreements; and

          (D) proof of relevant notification of a rent increase.
        7. We will supply the evidence provided by the Payee to the relevant Payment Facilities Provider;
        8. If the proof of supply and authorisation is not accepted by the Payment Facilities Provider:

          (A) we will notify the Payee of the failed dispute, and direct debit the payment from the Payee's Account within five Business Days; and

          (B) the Payee will need to recover the payment from the Payer via other means.
        9. If the Payment Facilities Provider informs us that it has accepted the proof of supply and authorisation, we will allow the payment to stand.
      4. To avoid any doubt, we have no control over, and are not responsible for, any decision or other action of the Payment Facilities Provider.
      5. Disputes can occur up to seven years from the date of supply. If you are a Payee, you must keep a record of both proof and authorisation of supply for seven years from the date of supply.
      6. If you are a Payee and we determine that Payers are regularly disputing that you are entitled to funds, we may (in our sole discretion):
        1. require you to rectify the issues causing these disputes; and/or
        2. terminate or suspend your access to Ailo or Ailo Pay.
    9. Supply of goods and services
      1. You acknowledge that we, in providing Ailo Pay, facilitate payments from Payers to Payees pursuant to the relevant Payer's authorisation only. We do not guarantee that:
        1. the Payer will pay; or
        2. the Payee will supply the relevant goods or services.
      2. We have no responsibility to you for any matter between you and a Payee or Payer.
      3. We electronically capture Payees’ and Payers’ details.
      4. We do not guarantee:
        1. a Payer's or Payee's identity;
        2. that a Payer will pay or is authorised to pay;
        3. that a Payer will not attempt to or commit fraud against a Payee; or that a Payee will not attempt to or commit fraud against a Payer. You are responsible for assessing whether additional verification and authorisation steps are required to meet your commercial, legal or regulatory requirements relating to payment or supply.
    10. Recovery of funds
      1. In the event a cash disbursement is made from the Platform in error, Ailo retains the right to undertake one or more of the following activities to aid recovery:
        1. contact the receiving party, seeking recovery of the funds. The receiving party may be an existing client of the PM Company.
        2. Where the error results from incorrect information migrated or otherwise provided by the PM Company and entered into the platform for or on behalf of the PM Company, Ailo has the right to seek recovery of the funds from the PM Company before making payment to the Property Investor.
    11. Ailo Pay drawings
      1. Payments, Fees, charges, adjustments and Invalid payments will be debited from your Account through the Ailo Platform.
      2. Credit and debit card payments will be processed via merchant facilities supplied by our Payments Facilities Provider.The merchant facilities will be owned and operated by Ailo Pay Pty Ltd.
      3. Bank account direct debit payments will be processed via the Bulk Electronic Clearing System (BECs) by our Payment Facilities Provider.You request and authorise Ailo Pay Pty Ltd to direct debit your bank account using:
        1. direct debit user ID 543950 (supplied by Zepto Payments Pty Ltd);
        2. direct debit user ID 612152 (supplied by Australian Settlements Ltd);
        3. direct debit user ID 502574 (supplied by Fat Zebra Pty Ltd); and
        4. direct debit user ID 488299 (supplied by GoCardless Ltd).
      4. Drawings under Ailo Pay will occur:
        1. when you specifically authorise us to debit your Account;
        2. when a payment that has been credited to your Account is subsequently dishonoured, charged back or deemed to be Invalid or unauthorised; or
        3. when you owe us fees or charges.
      5. If a drawing falls on a day that is not a Business Day, it will be debited from your Account on the next Business Day.
      6. We may from time to time, in our discretion, debit or credit any adjustments in respect of:
        1. Payments made due to an error or omission.
        2. Payments that are later declined, dishonoured, Invalid or unauthorised.
    12. Payment related enquiries
      1. For payment or drawings specific enquiries you may:
        1. review your payment details and any payment transactions via the Ailo Platform;
        2. visit the 'Help' section of Ailo; or
        3. contact us via the support functionality on the Ailo 'Help' page,
      2. All enquiry communications should include your:
        1. business name and corporate entity name;
        2. contact details (including your name, mobile and the email you use to log in to Ailo); and
        3. Detailed description of the reason for the enquiry.
    13. Your payment obligations
      1. It is your responsibility to ensure that:
        1. your Account can accept these payments (your card issuer or financial institution can confirm this);
        2. on the drawing date, there is sufficient cleared funds in the Account;
        3. you advise us if the Account is transferred or closed; and
        4. you advise us of any new expiry date (in the case of a credit or debit card).
      2. If your drawing is dishonoured by your card issuer or financial institution then:
        1. you may be charged a fee and/or interest by your card issuer or financial institution;
        2. we will contact you informing you of the decline; and
        3. you may be charged a debt recovery fee and/or interest by the Payee.
  14. Intellectual Property Rights
    1. Your Data and Our Data
      1. Ailo facilitates the sharing of information in a number of ways, including as follows:
        1. we make the Ailo Platform available to you;
        2. you share Your Data with us;
        3. you share information with other users of the Ailo Platform that you engage with via the Ailo Platform, including as described in clause 5; and
        4. we may create anonymised and aggregated data products as described in clause 4.1(b)(iii).
      2. The ownership of Intellectual Property Rights is as follows:
        1. you own (or license from third parties) all Intellectual Property Rights in any material you upload to Ailo (to the extent any Intellectual Property Rights subsist in such material); and
        2. we own (or license from third parties) all Intellectual Property Rights in the Ailo Platform and Our Data.
        3. nothing in these Terms operates to transfer or assign any of your Intellectual Property Rights in Your Data to Ailo. Your Data remains your property at all times.
      3. We grant you a perpetual, non-exclusive, non-transferable, non-sub-licensable licence to use and access (and, where you are a PM Company, to permit your Delegates to use and access on your behalf), solely for the Permitted Purposes, any graphs, reports, data products and other material we generate (and/or any other Our Data) and provide to you. If you wish to use such material for any purpose other than a Permitted Purpose, you will seek our prior written consent. If such consent is granted, you may be required to enter into a separate agreement with us.
      4. To the maximum extent permitted by Law, including the Australian Consumer Law, you agree that:
        1. we make no warranties or representations (including as to non-infringement) regarding any material we generate and provide to you, and any Intellectual Property Rights therein; and
        2. you will not bring any claims against us in connection with any other user's data and any Intellectual Property Rights therein.
  15. Defined terms

    Account     means a credit or debit card (Visa and Mastercard supplied by the card issuer) or bank account (supplied by a financial institution), as nominated by a Payee or Payer when signing up to Ailo Pay.

    Ailo Platform (available via the web or a mobile application) includes all products and services accessible via the platform (including Ailo Pay), and all the Ailo Platform Content.

    Ailo Platform Content means the Intellectual Property Rights in the Ailo Platform or otherwise made available to you through your use of or access to the Ailo Platform (including data, text, graphics, logos and software, and any compilations of such materials). The Ailo Platform Content does not include Our Data or Your Data.

    Ailo Pay means the Ailo Pay service provided through the Ailo Platform (including through our Payment Facilities Providers) and used by you to make payments to a Payee or collect payments from a Payer.

    AI System means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. Different AI Systems vary in their levels of autonomy and adaptiveness after deployment.

    Bond Authority means the statutory authority established as the custodian of rental bonds for residential tenancies in the state or jurisdiction where the tenancy is established.

    Business Day means a weekday on which trading banks are open for the transaction of banking business in Sydney, Australia.

    Delegate means an individual person who (although using his or her own personal access credentials) interacts with Ailo on behalf of, and as agent for, a PM Company. For example, an employee, contractor or other representative of a PM Company who uses Ailo on behalf of a PM Company (for example, to manage a property on behalf of a PM Company) is a Delegate.

    Direct Debit means that process initiated by Ailo to direct debit funds from your nominated bank account or card.

    Estate Agents Act means the relevant state legislation governing real estate agents, from time to time.

    Fees     has the meaning given in clause10.

    ICT         means Information and Communications Technology

    Intellectual Property Rights     means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semiconductor or circuit layout rights, trade, business, domain or company names, moral rights, rights in confidential information, know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which subsist or may hereafter subsist anywhere in the world.

    Invalid     has the meaning given to that term in clause 13.7.

    Laws     means any applicable law, statute, regulation, by-law, ordinance or subordinate legislation in force from time to time, whether made by a State, Federal, or a local government, and includes common law and the principles of equity as applicable from time to time, and any applicable legally binding industry codes of conduct.

    Our Data     means any new data created by us (including by conducting analytics on or aggregating or collating Your Data and other information).

    Payee     means an entity that has an agreement with us to use Ailo Pay to receive payments (for example, rent or payments for other property-related goods or services) from a Payer.

    Payer     means an entity that has an agreement with us to use Ailo Pay to make payments (for example, rent or payments for other property-related goods or services) to a Payee.

    Payment Facilities Providers         means organisations, including banks, that supply underlying payments facilities to us to allow us to provide Ailo Pay.

    Permitted Purposes     means, whether you are a PM Company or Delegate of that PM Company, the legitimate real estate business purposes of the PM Company, but excludes seeking to commercialise Ailo or Our Data, or distributing them or otherwise making them available, other than in accordance with these Terms.

    Personal Information     has the meaning given to that term in the Privacy Act 1988.

    PM Company     means any legal entity that interacts with Ailo that is not a Delegate. For example, a PM Company may be a legal entity (whether an individual sole trader, a partnership or a body corporate) that is:

    (a) the owner or operator of a real estate business; and/or
    (b) a franchisor or franchisee of a real estate industry business.

    Privacy Act     means the Privacy Act 1988 (Cth).

    Privacy Policy means the Ailo privacy policy available at ailo.io/privacy

    Property Investor means an entity that owns a property and is engaged in renting that property.

    Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth)

    Renter means an entity that rents a property from a Property Investor.

    Service Provider means an individual or legal entity that provides services to Property Investors, Property Owners, Renters or PM Companies.

    Term has the meaning given in clause 8.2.

    Terms     means these Ailo Terms For Real Estate Businesses.

    Third Party includes Centrelink (Centrepay) and a Bank (Branch, BPay, Internet Banking, Electronic Funds Transfer, Osko).

    Third Party Payments means those payments made by a Payer to a Payee via the Ailo Platform, utilising Third Parties.

    Trust Account     means that bank account supplied by an authorised financial institution that is regulated under the Estate Agents Act relevant to your state of operation.

    Uploaded Personal Information     means any Personal Information uploaded or made available by you through your use of Ailo, or otherwise collected by us in connection with your use of Ailo.

    Wallet     means the software-based service provided within the Ailo Platform allowing storage and management of information and various payment methods for the purpose of facilitating use of the Ailo Platform and electronic payments, including Payee and Payer transactions.

    Your Data     means, whether you are a PM Company or Delegate, any data:

    (a) shared, uploaded or created by you when interacting with Ailo; or
    (b) otherwise made available to us in connection with your use of Ailo, including, where you are a PM Company, the business and property management information that you make accessible to Ailo.