Legal

Terms of Service

These Terms govern your use of Popurise. By signing up for, accessing or using the Service you accept these Terms in full.

Last updated 21 May 2026

Page noteThese documents are provided for general information and should be reviewed by a qualified lawyer before being relied on.

1. The agreement

These Terms of Service (the “Terms”) form a binding agreement between Popurise Pty Ltd ACN pending (“Popurise”, “we”, “us”, “our”) and you, or the entity you represent (“you”, “your”, “Customer”). They govern your access to and use of popurise.com, the Popurise application, APIs, models, templates, content and any related services (collectively, the “Service”).

By creating an account, clicking to accept, or accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of an entity, you represent that you are authorised to bind that entity, and references to “you” include both you and that entity. If you do not agree to these Terms, you must not access or use the Service.

These Terms apply in addition to any order form, statement of work or written agreement entered between you and Popurise. In the event of inconsistency, the order form prevails for the specific subject matter it addresses, then these Terms, then any other policies referenced here.

2. Definitions

  • Customer Data means the data, content, files, inputs, assumptions, models, project information, notes, documents and other materials you or your users submit, upload, generate or store through the Service, including site information, land values, construction costs, revenue assumptions, financing assumptions, cashflows, returns, project notes, company details and user details.
  • Usage Data means data generated through the operation of the Service, including logs, telemetry, device and connection information, feature usage, performance metrics, errors, click streams, session data and similar technical or behavioural data.
  • Aggregated Data means Customer Data, Usage Data or other data combined, aggregated, statistically analysed or otherwise processed so that it does not identify you, any user or any specific project.
  • De-identified Data means data from which all personal and customer identifiers have been removed so that no individual or entity is reasonably identifiable.
  • Derived Data means data, results, outputs, insights, benchmarks, analytics, reports, indices, models, training data and other materials that Popurise creates, derives, infers or generates from Customer Data, Usage Data, Aggregated Data or De-identified Data.
  • Service Provider means any third party engaged by Popurise to provide hosting, infrastructure, storage, processing, analytics, communications, support, payments, security or other services in connection with the Service.

3. Eligibility and accounts

You must be at least 18 years old and legally able to enter into a contract to use the Service. You are responsible for the accuracy of all registration information and for keeping it current.

You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your credentials. You must use multi-factor authentication where available, keep credentials confidential, and notify Popurise immediately at dan@popurise.com of any suspected unauthorised access or breach.

Popurise may, but is not required to, verify your identity, your authority to represent any entity, or any information you submit, and may refuse, suspend or terminate any account at its discretion.

4. Acceptable use

You must not, and must not permit any user, agent or third party to:

  • use the Service in breach of any law, regulation, court order, sanctions regime or third-party right;
  • upload, submit or process any data that you do not have the right to provide to Popurise, including any third-party confidential information, personal information or intellectual property;
  • upload, submit or transmit any data that is unlawful, infringing, defamatory, malicious, deceptive, fraudulent, obscene or harmful;
  • introduce any virus, worm, malware, time bomb, trojan horse or other harmful code;
  • attempt to gain unauthorised access to, scan, probe, disrupt, overload or interfere with the Service, the Service Providers, or any other user;
  • reverse engineer, decompile, disassemble, copy, derive source code from, or attempt to extract the underlying logic, models, calculations, formulas, templates or design of the Service, except to the limited extent permitted by law that cannot be excluded;
  • resell, sublicense, rent, lease, time-share, white-label or otherwise commercially exploit the Service or make it available to any third party, except as expressly permitted by Popurise in writing;
  • use the Service to build, train or improve any competing product, service, dataset, benchmark or model;
  • scrape, harvest, mine, index or systematically extract data from the Service, including by automated means; or
  • circumvent, disable or interfere with any usage limit, security feature, authentication mechanism or rate limit of the Service.

Popurise may, at its sole discretion, investigate suspected breaches and take any action it considers appropriate, including warning, suspending, terminating or limiting access, removing content, and reporting conduct to law enforcement.

5. Subscriptions, fees and taxes

  • The Service is offered on a subscription basis. Pricing is set out on the pricing page or in an order form, in Australian dollars unless stated otherwise, and is exclusive of GST and other applicable taxes, duties and withholdings, all of which are payable by you in addition to the fees.
  • Subscriptions auto-renew at the end of each billing period unless cancelled before renewal in your account settings. You authorise Popurise and its payment processor to charge your nominated payment method for all fees, taxes and charges as they become due.
  • Fees are non-refundable except where required by law that cannot be excluded. Cancellations take effect at the end of the current billing period. Popurise may change pricing on notice for future billing periods.
  • If any amount is overdue, Popurise may suspend or terminate access, charge interest at the maximum rate permitted by law, and recover all reasonable collection and legal costs.

6. Trials, beta and early access features

Any free trial, beta, preview, early access or experimental feature is provided as-is and as-available, may be modified or withdrawn at any time, and is offered without warranty, support commitment, service level or guarantee of continued availability. Outputs from such features may be incomplete or inaccurate and must not be relied on.

7. Customer responsibility for inputs, assumptions, outputs and decisions

You are solely responsible for:

  • all Customer Data, including its accuracy, completeness, legality, currency and suitability;
  • the selection, configuration and use of all inputs, assumptions, defaults, settings, sensitivities and scenarios used in the Service;
  • independently verifying all inputs, assumptions, calculations, formulas, outputs, results, reports and analyses produced by or through the Service;
  • obtaining your own qualified professional advice, including legal, financial, investment, valuation, taxation, accounting, planning, lending, credit, engineering, construction, environmental and town planning advice, before making any acquisition, bid, financing, investment, development, sale, hold, exit, leasing, planning or other decision;
  • complying with all laws, regulations, professional obligations, internal policies and contractual obligations applicable to your use of the Service and your decisions; and
  • the consequences of any decision, action or omission made by you or any third party based wholly or partly on the Service or any output of the Service.

The Service must not be used as the sole basis for any commercial, financial, investment, lending, valuation, development, acquisition, planning or legal decision. You agree not to rely on any output of the Service.

8. Software only. No advice. No reliance.

Popurise provides software and tooling only. Popurise does not provide, and is not authorised to provide, financial product advice, investment advice, valuation advice, taxation advice, legal advice, planning advice, lending or credit advice, accounting advice, engineering advice, real estate advice or any other professional advice. Nothing made available through the Service constitutes a recommendation, opinion or solicitation in relation to any property, security, financial product, financing arrangement or transaction.

Any defaults, benchmarks, templates, sample data, model outputs, reports, ranges or examples shown in the Service are illustrative only, may be wrong, incomplete or out of date, and must not be relied on for any decision. Refer also to the Disclaimer.

9. Intellectual property and ownership

As between the parties, Popurise owns and retains all right, title and interest in and to the Service, including the platform, software, source and object code, models, calculation engines, algorithms, formulas, templates, layouts, user interfaces, design system, content, documentation, trade marks, brand assets, look and feel, know-how and all related intellectual property rights anywhere in the world, and all enhancements, modifications, improvements and derivative works of the foregoing. No rights are granted to you except as expressly set out in these Terms.

Subject to your continued compliance with these Terms and timely payment of fees, Popurise grants you a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your internal business purposes during your subscription term.

You may not use Popurise’s name, logos, trade marks or brand assets except as expressly permitted by Popurise in writing.

10. Customer Data: ownership and licence to Popurise

As between the parties, you retain ownership of Customer Data. You represent and warrant that you have all rights, consents, authorisations and licences necessary to submit Customer Data to the Service and to grant the rights set out in this clause, and that Customer Data does not infringe any third-party right or breach any law.

You grant Popurise a worldwide, royalty-free, fully paid, non-exclusive, sublicensable licence to host, store, transmit, access, use, process, copy, reproduce, display, modify, format, adapt, create derivative works of, analyse and otherwise deal with Customer Data as reasonably necessary to:

  • provide, operate, maintain, monitor, secure, support, troubleshoot and improve the Service;
  • develop, train, test, evaluate and improve new and existing features, models, templates, calculations, benchmarks, analytics, integrations and products;
  • generate Aggregated Data, De-identified Data, Derived Data, benchmarks, analytics, reports, insights and statistics;
  • prevent, detect, investigate and respond to security incidents, fraud, abuse and breaches of these Terms;
  • comply with applicable law, regulation, lawful request or court order; and
  • perform any other activity contemplated by these Terms, your order form, or your settings and consents.

The licence in this clause survives termination only to the extent reasonably necessary for Popurise to retain backups, exercise rights in Aggregated Data, De-identified Data and Derived Data, and comply with its legal and regulatory obligations.

11. Usage Data, Aggregated Data, De-identified Data and Derived Data

Popurise owns all right, title and interest in and to Usage Data, Aggregated Data, De-identified Data and Derived Data, and may collect, generate, use, retain, disclose, licence, sell, commercialise and otherwise exploit them for any lawful business purpose, including:

  • operating, maintaining, securing, supporting, troubleshooting and improving the Service;
  • research and development, product development, feature design and testing;
  • analytics, benchmarking, performance measurement, indexing and modelling;
  • market intelligence, industry reporting and data products;
  • training, evaluating and improving algorithms, models and tooling;
  • publishing or providing reports, insights, benchmarks and analytics to customers, partners, investors and third parties;
  • creating and offering future products and services, including benchmarking, market intelligence, capital matching, deal discovery, marketplace, advisory, research and data products, which may be made available under separate settings, consent flows, order forms or agreements; and
  • any other commercial or operational purpose, provided that Aggregated Data and De-identified Data do not identify you, any user or any specific project.

12. Disclosure of Customer Data

Popurise may access, use and disclose identifiable Customer Data where it reasonably considers it necessary or appropriate to:

  • provide, operate, secure, support, monitor or troubleshoot the Service;
  • engage Service Providers, contractors, advisers and processors who support the Service;
  • enforce these Terms, any order form, or any policy or right of Popurise;
  • comply with law, regulation, lawful request, subpoena, warrant or court order;
  • protect the rights, property, safety or security of Popurise, its users, the public or any third party;
  • investigate, prevent or respond to suspected fraud, security incidents, breach of these Terms or unlawful conduct;
  • complete a corporate transaction, including a merger, acquisition, financing, restructure, insolvency or sale of all or part of the business or assets;
  • act on your written consent or instruction;
  • operate sharing, collaboration, export, integration or invitation features that you or your users enable; or
  • perform an order form, statement of work or separate written agreement.

13. Service Providers and sub-processors

You acknowledge and authorise Popurise to use Service Providers and sub-processors to deliver the Service, including for hosting, storage, computation, communications, analytics, error tracking, payments, customer support and security. Service Providers may be located outside Australia. Popurise remains responsible for ensuring its Service Providers are bound by obligations consistent with these Terms.

14. Sharing, collaboration and integrations

You are solely responsible for any sharing, collaboration, export, link, invitation or integration feature you enable, including any decision to share Customer Data with other users, third parties, integrations or external systems. Popurise has no liability for any disclosure or use of Customer Data made through, or as a result of, your use of those features.

15. Suspension, withdrawal and termination

  • Popurise may, at any time and in its sole discretion, suspend, restrict, withdraw, modify, discontinue or terminate any part of the Service, any feature, any account or your access, with or without notice, including for non-payment, suspected breach of these Terms, security risk, legal requirement, or business reasons.
  • You may terminate by cancelling your subscription in your account settings. Termination does not refund any pre-paid fees except where required by law.
  • On termination, your access to the Service ceases. Popurise may delete Customer Data after a reasonable retention period, and may retain backups, archives, audit logs, Aggregated Data, De-identified Data, Derived Data and any data Popurise is required to retain by law.

16. Changes to the Service

Popurise may modify, add, remove or replace any feature, output, model, template, default, calculation, integration or content of the Service at any time. Popurise has no obligation to maintain backwards compatibility, preserve any specific output, or provide notice of changes.

17. Warranties and disclaimers

Except as expressly set out in these Terms, and to the maximum extent permitted by law, the Service is provided on an as-is and as-available basis. Popurise makes no representations or warranties, express, implied, statutory or otherwise, including any warranty of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, completeness, reliability, security, non-infringement, availability, error-free or uninterrupted operation, or that the Service will meet your requirements or produce any specific result.

Popurise does not warrant the accuracy, currency, completeness or suitability of any data, default, benchmark, template, output, calculation, model, report or content available through the Service, or that the Service is appropriate for any particular project, site, transaction, jurisdiction, decision or outcome.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement. Where liability for breach of a non-excludable guarantee can be limited, Popurise’s liability is limited, at Popurise’s option, to the supply of the services again or the payment of the cost of having the services supplied again.

18. Limitation of liability

To the maximum extent permitted by law:

  • Popurise, its related bodies corporate, officers, employees, contractors, agents and licensors are not liable for any indirect, consequential, incidental, special, punitive or exemplary loss or damage, or for any loss of profits, loss of revenue, loss of business, loss of opportunity, loss of contract, loss of goodwill, loss of anticipated savings, loss of data, loss of use, loss or corruption of Customer Data, loss of bargain, loss arising from delay, loss of investment return, loss of financing, loss of deal, loss of bid, loss of project, loss of development outcome, reliance loss or any similar loss, however arising and whether in contract, tort (including negligence), under statute, in equity or otherwise, and whether or not Popurise was advised of the possibility of such loss;
  • Popurise’s total aggregate liability arising out of or in connection with the Service or these Terms, however arising, is limited to the lesser of the fees actually paid by you to Popurise for the Service in the twelve months immediately preceding the first event giving rise to the claim, and one hundred Australian dollars (AUD 100); and
  • each limitation and exclusion in these Terms applies independently and survives any failure of essential purpose of any limited remedy.

These Terms do not exclude any liability that cannot lawfully be excluded. References to law that cannot be excluded include the Australian Consumer Law and any other applicable mandatory law.

19. Indemnity

You indemnify, defend and hold harmless Popurise, its related bodies corporate, officers, employees, contractors, agents and licensors from and against all losses, damages, liabilities, claims, demands, actions, proceedings, costs and expenses (including legal costs on an indemnity basis) arising out of or in connection with:

  • your or your users’ access to or use of the Service;
  • any Customer Data, including any claim that Customer Data infringes any third-party right, breaches any law or is inaccurate, incomplete or misleading;
  • any decision, action or omission by you or any third party in reliance on the Service or any output of the Service;
  • your breach of these Terms, any order form, any law, regulation or any third-party right;
  • any misuse, unlawful use, fraudulent use or unauthorised use of the Service through your account or credentials; and
  • any third-party claim brought against Popurise in connection with the foregoing.

20. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party that is identified as confidential or that a reasonable person would consider confidential, and to use it only for the purposes of these Terms. This clause does not restrict Popurise from exercising any right granted under these Terms in respect of Customer Data, Usage Data, Aggregated Data, De-identified Data or Derived Data.

21. Privacy

Popurise handles personal information in accordance with its Privacy Policy, which forms part of these Terms.

22. Force majeure

Popurise is not liable for any failure or delay in performance caused by any event beyond its reasonable control, including act of God, natural disaster, fire, flood, storm, pandemic, epidemic, war, terrorism, civil unrest, government action, sanctions, embargo, strike, labour dispute, supply chain disruption, internet, telecommunications or hosting outage, cyber attack, denial-of-service attack, or failure of any Service Provider or utility.

23. Notices

Popurise may give notices to you by email to the address associated with your account, by posting in the Service, or by posting on popurise.com, and such notices are effective when sent or posted. You must give notices to Popurise by email to dan@popurise.com.

24. Changes to these Terms

Popurise may update these Terms at any time. The current version is published at popurise.com/terms. For material changes, Popurise will use reasonable efforts to notify you, including by email or in-product notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

25. General

  • Governing law and jurisdiction. These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.
  • Assignment. You may not assign, novate or transfer any right or obligation under these Terms without Popurise’s prior written consent. Popurise may assign or novate these Terms, in whole or in part, without your consent, including in connection with a corporate transaction.
  • Subcontracting. Popurise may subcontract any obligation under these Terms.
  • No agency. Nothing in these Terms creates an agency, partnership, joint venture, employment or fiduciary relationship.
  • No waiver. A failure or delay by Popurise in exercising any right is not a waiver of that right.
  • Severability. If any provision is held invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in full force.
  • Entire agreement. These Terms, together with any applicable order form and the policies referenced here, constitute the entire agreement between the parties and supersede all prior agreements, representations and understandings.
  • Survival. Any clause that by its nature should survive termination does so, including clauses on data rights, ownership, confidentiality, disclaimers, limitation of liability, indemnity, and general provisions.

26. Contact

Questions about these Terms can be sent to dan@popurise.com.