Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", "Agent") and Bernard Adjei-Yeboah, trading as EchoFlow Solutions (ABN 55 441 896 015) ("we", "us", "our", "EchoFlow Solutions"), regarding your use of AgentPA.

By accessing or using AgentPA, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the service.

2. Service Description

AgentPA is an AI-powered personal assistant designed for real estate agents, delivered entirely through WhatsApp (service number: +61 468 007 577). The service provides:

• Personalised morning briefings with daily priorities and reminders
• Automated follow-up reminders for buyers, vendors, and contacts
• Listing intelligence and property data management
• Voice note transcription and voice briefing generation
• AI-powered message drafting and communication assistance
• Proactive insights and suggestions based on your data
• Buyer and contact management

AgentPA does not: provide legal advice, financial advice, property valuations, licensed real estate services, or act as a substitute for professional judgement. It is a productivity and communication tool, not a licensed advisor.

3. Eligibility

To use AgentPA, you must:

• Be at least 18 years of age.
• Be a real estate agent, property professional, or business professional operating in a lawful capacity.
• Have a valid mobile phone number and an active WhatsApp account.
• Have the legal capacity to enter into a binding contract.
• Not have been previously terminated or suspended from the service for breach of these Terms.

By using AgentPA, you represent and warrant that you meet all of the above eligibility requirements.

4. Account Registration

To use AgentPA, you register by sending a WhatsApp message to our service number (+61 468 007 577). Your mobile phone number serves as your unique account identifier.

• You must provide accurate and complete information during registration (name, agency, email).
• You are responsible for maintaining the security of your phone and WhatsApp account.
• You are responsible for all activity that occurs under your account.
• You must promptly notify us if you believe your account has been compromised.
• One account per phone number. Each agent requires their own subscription.

5. Free Trial

We offer a 60-day free trial with the following conditions:

• Full access to all AgentPA features during the trial period.
• No credit card or payment information is required to start the trial.
• The trial begins when you first register with AgentPA via WhatsApp.
• At the end of the 60-day trial, you will be prompted to subscribe to continue using the service.
• If you do not subscribe, your access will be paused automatically. Your data will be retained for 90 days to allow you to reactivate.
• Each phone number is eligible for one free trial only.

6. Subscription and Payment

• Price: AUD $149 per month (inclusive of GST where applicable).
• Billing: Subscriptions are billed monthly via Stripe. Your first payment is due at the end of your 60-day free trial.
• Currency: All prices are in Australian Dollars (AUD).
• Auto-renewal: Your subscription automatically renews each month unless cancelled before the end of the current billing period.
• Price changes: We may change our pricing with at least 30 days' written notice via WhatsApp or email. Price changes will take effect at the start of your next billing cycle after the notice period.
• Failed payments: If a payment fails, we will attempt to charge your payment method up to 3 additional times. After all attempts fail, your account may be paused until payment is resolved.
• Taxes: You are responsible for any applicable taxes in your jurisdiction. Prices are listed inclusive of Australian GST for Australian residents.

7. Cancellation and Refunds

7.1 Cancellation

You may cancel your subscription at any time by sending the message "cancel" to AgentPA on WhatsApp, or by contacting us at [email protected].

• Cancellation takes effect at the end of your current billing period.
• You will continue to have access to AgentPA until the end of the period you have already paid for.
• No partial refunds are given for the remaining days in a billing period upon cancellation.
• Your data will be preserved for 90 days after cancellation to allow reactivation, after which it will be permanently deleted.

7.2 Money-Back Guarantee

7.3 Refund Processing

• Refunds under the 30-day guarantee are processed within 5–10 business days back to your original payment method.
• After the 30-day guarantee period, refunds are provided at our discretion on a case-by-case basis.
• To request a refund, contact us via WhatsApp or email at [email protected].

8. Acceptable Use

When using AgentPA, you agree to the following:

8.1 You Must Not:

• Use the service for any illegal, fraudulent, or unauthorised purpose.
• Share your account access or credentials with other individuals. Each agent requires their own subscription.
• Use automated tools, bots, or scripts to interact with AgentPA (beyond the normal WhatsApp interface).
• Attempt to reverse-engineer, decompile, disassemble, or extract the underlying AI models, algorithms, or source code.
• Upload or transmit malicious content, viruses, malware, or harmful code via WhatsApp messages or voice notes.
• Use AgentPA to send spam, unsolicited messages, or harass any person.
• Misrepresent your identity or impersonate another person.
• Use the service to collect or store personal information of others in violation of applicable privacy laws.
• Interfere with, disrupt, or place an unreasonable burden on our servers, networks, or infrastructure.
• Violate any applicable law, regulation, industry code, or third-party rights.

8.2 You Agree To:

• Use AgentPA only for lawful, professional real estate and business purposes.
• Comply with all applicable laws and regulations, including privacy and consumer protection laws.
• Ensure that any personal data you provide to AgentPA (e.g., buyer details, vendor details) has been collected by you in accordance with applicable privacy laws.
• Review and verify all AI-generated content before acting on it or sharing it with clients.

9. Data Ownership and Licence

Your data belongs to you. All listing data, contact information, conversation content, buyer records, vendor details, and other data you provide through AgentPA remains your property at all times.

9.1 Licence to Us

By using AgentPA, you grant us a limited, non-exclusive, non-transferable, revocable licence to process, store, and transmit your data solely for the purpose of providing the AgentPA service to you. This includes sending your data to our third-party service providers (as described in our Privacy Policy) as necessary to operate the service. This licence terminates immediately when you delete your account or request data deletion.

9.2 Data Deletion

Upon receiving a deletion request, we will permanently remove all your personal data within 30 days, except where retention is required by law (e.g., tax records retained for 5 years under Australian tax law).

9.3 No Sale of Data

We will never sell, rent, lease, or trade your data to third parties. We will never use your data for purposes unrelated to providing the AgentPA service.

10. AI Disclaimer

• Not professional advice: AgentPA provides AI-generated suggestions, not professional advice. It does not replace the judgement of a qualified real estate professional, solicitor, conveyancer, financial adviser, or any other licensed professional.
• AI may make errors: The AI may produce inaccurate, incomplete, outdated, or misleading information. AI technology is inherently probabilistic and may "hallucinate" facts, figures, or details.
• Your responsibility: You are solely responsible for reviewing, verifying, and validating all AI-generated content before acting on it, sending it to clients, or relying on it in any way. You are solely responsible for all decisions regarding your clients, listings, and business.
• No guarantee: We do not guarantee the accuracy, reliability, completeness, or timeliness of any AI-generated content.
• Verify independently: You should independently verify all critical information, including but not limited to property details, pricing, legal requirements, compliance obligations, and contractual terms.
• Limitation: We are not liable for any decisions made, actions taken, deals lost, follow-ups missed, or consequences arising from reliance on AI-generated suggestions or content.

11. Intellectual Property

11.1 Our Intellectual Property

The AgentPA brand, name, logo, website, application code, AI system configurations, prompts, workflows, and all related intellectual property are owned by Bernard Adjei-Yeboah (trading as EchoFlow Solutions) or its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property, except the limited right to use the service as a subscriber.

11.2 Your Content

All content you provide to AgentPA — including listings, contact details, messages, voice notes, and any other data — remains your intellectual property. You retain full ownership of your content at all times.

11.3 Display Licence

You grant us a limited licence to display, format, and present your data back to you within the AgentPA service (e.g., in briefings, reminders, and responses). This licence is solely for the purpose of providing the service and does not transfer any ownership rights to us.

12. Service Availability

We strive to provide AgentPA on a reliable, continuous basis. However, the service is provided on a "best-effort" basis and we do not guarantee any specific level of uptime, availability, or performance (no SLA).

• Maintenance: The service may be temporarily unavailable due to planned maintenance or updates. We will make reasonable efforts to provide advance notice of scheduled downtime via WhatsApp.
• Third-party dependencies: AgentPA depends on third-party services including WhatsApp, Twilio, Anthropic, OpenAI, Supabase, and DigitalOcean. We cannot guarantee the availability of these services and are not liable for disruptions caused by them.
• Modifications: We reserve the right to modify, update, or discontinue any feature of AgentPA at any time. For material changes that reduce functionality, we will provide at least 30 days' notice.
• Force majeure: We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, war, terrorism, government actions, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party service providers.

13. Limitation of Liability

To the maximum extent permitted by law, EchoFlow Solutions shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages, however caused.
• Loss of profits, revenue, data, goodwill, or business opportunities arising from your use of or inability to use AgentPA.
• Any actions taken or decisions made based on AI-generated content, suggestions, or briefings.
• Missed follow-ups, lost deals, missed deadlines, or any business losses resulting from service interruptions or AI output.
• Service interruptions, data loss, or errors caused by third-party services (WhatsApp, Twilio, Anthropic, OpenAI, Stripe, Supabase, DigitalOcean).
• Any unauthorised access to or alteration of your data, except to the extent caused by our negligence.

13.1 Maximum Liability

Our total aggregate liability for any and all claims arising from or related to the service shall not exceed the total amount you have paid to us in fees during the 12 months immediately preceding the event giving rise to the claim.

13.2 Australian Consumer Law

14. Indemnification

You agree to indemnify, defend, and hold harmless EchoFlow Solutions, its owner (Bernard Adjei-Yeboah), and any agents, contractors, or service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of AgentPA or any activity under your account.
• Your breach of these Terms or any applicable law or regulation.
• Any content or data you provide through the service.
• Your violation of any third-party rights, including privacy rights of buyers, vendors, or other contacts whose data you input into AgentPA.
• Any claim by a third party arising from actions you take based on AI-generated content.

This indemnification obligation does not apply to the extent that a claim arises from our negligence, wilful misconduct, or breach of these Terms.

15. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms or the AgentPA service, the parties agree to the following resolution process:

15.1 Step 1 — Informal Resolution

Before initiating any formal proceedings, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will make good-faith efforts to resolve any dispute within 30 days of receiving your written notice.

15.2 Step 2 — Mediation

If the dispute cannot be resolved informally within 30 days, either party may refer the dispute to mediation administered by a mediator agreed upon by both parties, or in the absence of agreement, a mediator appointed by the Resolution Institute (formerly LEADR & IAMA). Mediation shall take place in Sydney, New South Wales.

15.3 Step 3 — Court Proceedings

If the dispute is not resolved through mediation within 60 days of referral, either party may commence proceedings in the courts of New South Wales, Australia.

15.4 Costs

Each party shall bear their own costs for the dispute resolution process, unless the court or mediator orders otherwise. The costs of mediation shall be shared equally unless otherwise agreed.

16. Termination

16.1 Termination by You

You may terminate your use of AgentPA at any time by cancelling your subscription (see Section 7).

16.2 Termination by Us

We may suspend or terminate your access to AgentPA, with or without notice, if:

• You breach any of these Terms.
• Your payment is overdue for more than 14 days.
• You engage in activity that is harmful to other users, our infrastructure, or our reputation.
• We detect suspicious, fraudulent, or illegal activity on your account.
• We are required to do so by law or a valid legal order.

16.3 Effect of Termination

• Upon termination, your right to use the service ceases immediately.
• We will retain your data for 90 days after termination to allow you to request an export or reactivate, after which it will be permanently deleted.
• Sections of these Terms that by their nature should survive termination will survive, including but not limited to: Sections 10 (AI Disclaimer), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), and 17 (Governing Law).

17. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from these Terms or your use of AgentPA shall be subject to the exclusive jurisdiction of the courts of New South Wales, subject to the dispute resolution process set out in Section 15.

18. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you via AgentPA on WhatsApp at least 30 days before the changes take effect. Your continued use of the service after the effective date constitutes acceptance of the updated Terms. If you do not agree with the changes, you may cancel your subscription before the effective date.

19. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent to the greatest extent possible.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EchoFlow Solutions regarding the use of AgentPA. These Terms supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to the subject matter of these Terms.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

21. Contact Us

If you have any questions about these Terms or the AgentPA service, please contact us:

AgentPA WhatsApp number: +61 468 007 577