Mercureal Terms of Service

1. The agreement

These terms are an agreement between Aether Forge Studio (ABN 69 806 202 466) (“we”, “us”) and the agency or individual that creates a Mercureal account (“you”). By creating an account, inviting your team, or using the Service, you accept them.

If you sign up on behalf of an agency, you confirm you're authorised to bind that agency to these terms.

2. The Service

Mercureal is a customer-relationship platform for real-estate agencies: listings, client records, buyer–listing matching, open-home check-ins, scheduling, and related tools, delivered as a web application and a mobile app.

3. Accounts and teams

• Keep your sign-in credentials secure and your account details accurate. You're responsible for activity under your account.
• Agency administrators can invite agents onto their team; each seat is for one named person and sign-ins must not be shared.
• Roles carry different permissions (for example, exporting the client book and managing billing are administrator functions). Don't attempt to circumvent them.

4. Your data

You own your data. The records your agency keeps in Mercureal — listings, contacts, notes, files — are yours. You grant us the licence we need to host, process, back up, and display that data to your team, and for nothing else.

You're responsible for what you put in. Your client records contain other people's personal information. You confirm that you collect and hold those details lawfully — including under the Privacy Act 1988 (Cth) and any rules that apply to licensed agents in your state — and that you have the right to store them in a cloud service. Between you and us, you are the controller of your client records; we process them on your instructions as described in our Privacy Policy.

Export. Administrators on any paid plan can export the agency's data (CSV) from inside the app at any time, and in-app export remains available for 30 days after a subscription ends. On the free plan, in-app export isn't otherwise included — email support@mercureal.com and we'll provide a copy of your data. We keep automated backups for disaster recovery, but they aren't a substitute for your own records — we recommend exporting a copy periodically.

5. Acceptable use

Don't use the Service to:

• store or send unlawful content, or contact people who have asked not to be contacted (including under the Spam Act 2003);
• load data you have no right to hold, or scrape/import data in breach of a third party's terms;
• probe, overload, or interfere with the Service, other agencies' data, or our infrastructure, or bypass usage quotas;
• resell or sublicense the Service, or reverse engineer it except as the law permits.

We may suspend an account that we reasonably believe is breaking these rules, and where practical we'll tell you why and give you a chance to fix it.

6. Subscriptions and billing

Mercureal has a free plan and paid subscriptions. Paid plans, their limits, and current prices are listed at mercureal.com/pricing. Payments are processed by Stripe; card details go directly to Stripe and we never hold them.

• Subscriptions renew automatically each billing cycle (monthly or annual) until cancelled.
• Plan changes. Upgrades take effect immediately, and the prorated difference for the remainder of the current period is charged at the time of the change. Downgrades — including switching from an annual to a monthly cycle — take effect at the end of the current period; until then you keep the plan you paid for. Downgrades don't produce refunds or credits.
• Cancelling. You can cancel at any time; the subscription then runs to the end of the period already paid, and isn't refunded except where the Australian Consumer Law requires it or these terms provide it (sections 10, 12, 16 and 17).
• Trials. Where a free trial is offered, it's available once per agency and requires a card to start. The subscription begins — and billing starts — automatically when the trial ends, unless you cancel before then. We'll remind you by email before a trial ends.
• Failed payments. If a renewal payment fails, Stripe retries it automatically and your plan stays active in the meantime. If it still can't be collected after the last retry, the subscription is cancelled and your workspace moves to the free plan, with your data kept (section 12).
• We can change prices with at least 30 days' notice; changes take effect from your next renewal.
• Prices are in Australian dollars and include GST where applicable.

7. AI features

The built-in assistant and import suggestions generate content automatically. They can be inaccurate or incomplete, and they are not legal, financial, or professional advice. You're responsible for checking AI output before relying on it or sending it to a client. AI features are subject to fair-use limits that vary by plan.

8. Your professional obligations

Mercureal is a tool for running your agency — it is not legal, accounting, taxation, or compliance advice, and using it does not discharge any obligation you have under the laws that govern your work: the Property and Stock Agents Act 2002 (NSW) and its equivalents elsewhere, trust-accounting rules, disclosure duties, spam and do-not-call rules, and the record-keeping your licence requires. You remain responsible for your professional decisions, for the accuracy of what you send clients, and for keeping any records the law requires you to keep.

Some pages Mercureal shows to buyers on your behalf carry their own posted terms — for example, the contract-download page.

9. Third-party services

The Service is built on services we don't control: payments run through Stripe, hosting runs on Amazon Web Services in Australia, sign-in can use third-party identity providers, AI features use third-party models, and your public website can receive listing data from us. Those providers' own terms govern their services and we don't warrant their availability. Where one of them fails or changes, we'll work to restore or replace what broke, but — to the extent the law permits, and always subject to section 14 — we are not liable for their acts or omissions.

10. Availability and changes

We work to keep the Service available and fast, but we don't promise uninterrupted operation — maintenance, upgrades, and events outside our control can cause downtime. We may add, change, or retire features. If we retire a feature that is material to you, we'll give reasonable notice, and you can cancel within 30 days of the retirement taking effect and — despite section 6 — we'll refund the prepaid, unused portion of your subscription.

Features labelled beta or preview are provided as-is and may change or disappear without notice.

11. Intellectual property

We own the Service — its software, design, and branding. These terms don't transfer any of that to you, and don't transfer any of your data to us beyond the hosting licence in section 4. Feedback you choose to send us may be used to improve the Service without obligation to you.

The mobile app includes open-source components; their licences and attributions are listed in the app under About → Open Source Licenses.

12. Termination

• By you: cancel the subscription at any time, and/or delete the account as described in the Privacy Policy. Closing your agency's account also cancels its subscription: a free trial ends straight away and nothing is charged, and a paid plan isn't renewed (the period already paid isn't refunded, as section 6 says). Nothing more is collected after you close — a plan change still waiting to be billed is dropped and an unpaid invoice is cancelled — and if a payment is taken anyway, for example through a billing page opened before closing, we refund it.
• By us: we may suspend or terminate for material breach of these terms (with notice and a chance to remedy where practical), or for non-payment.
• If we stop providing the Service: we'll give you at least 30 days' notice of the end date and — despite section 6 — refund the prepaid, unused portion of your subscription. Until the Service ends you can take a copy of your data: by in-app export on a paid plan, or on the free plan by emailing support@mercureal.com, which will keep answering those requests until the end date.
• Your data afterwards: after a subscription ends, your workspace carries on under the free plan with your data in it. In-app export stays available for 30 days after the subscription ends, and support@mercureal.com can provide a copy on request at any time. On account deletion, personal details are erased after the 30-day grace period, and — where the deletion closes the agency — the agency's business records are retained for up to 7 years to meet statutory record-keeping obligations, then permanently deleted, as described in the Privacy Policy.

13. Security incidents

We protect your data as described in the Privacy Policy. If we become aware of a data breach affecting your agency's data, we will notify you without undue delay, tell you what we know, and cooperate with you on any notification either of us must make under the Privacy Act 1988 (Cth). You will do the same for incidents that begin on your side — for example, a compromised sign-in.

14. Disclaimers and liability

Nothing in these terms excludes rights you have under the Australian Consumer Law or other laws that can't be excluded. Where the law lets us limit a consumer guarantee, we limit it to re-supplying the Service or paying the cost of re-supply.

Beyond that: the Service is provided as-is; we're not liable for indirect or consequential loss (including lost commissions or lost data caused by events outside our control); and our total liability under these terms is capped at the greater of the amount you paid us in the 12 months before the claim and A$100. You indemnify us against third-party claims to the extent they arise from data you had no right to hold, or from your breach of section 5 — except to the extent the claim results from our own breach of these terms or our negligence.

15. Governing law and disputes

These terms are governed by the laws of New South Wales, Australia, and disputes go to the courts of New South Wales.

If we have a dispute, contact us first — we'll work with you in good faith for 30 days to resolve it before either of us starts formal proceedings (urgent injunctive relief excepted).

16. Changes to these terms

We may update these terms; material changes will be notified by email or in the app at least 14 days before they take effect. Continuing to use the Service after that date means you accept the new terms. Changes that only add to your rights or protections take effect when they are published. If a change materially disadvantages you, you can cancel within 30 days of it taking effect, and — despite section 6 — we'll refund the prepaid, unused portion of your subscription. The current version always lives at mercureal.com/terms.

17. General

Severability. If part of these terms is found invalid or unenforceable (including as an unfair contract term), that part is limited or removed to the minimum extent necessary, and the rest stays in force.

Force majeure. Neither of us is liable for delay or failure caused by events beyond reasonable control; payment obligations are excepted.

Assignment. You may transfer this agreement only with our consent, which we won't unreasonably withhold for a sale of your agency. We may transfer it to an entity that carries on the Service — for example, a corporate restructure — and we'll notify you if we do. If you'd rather not continue with that entity, you can cancel within 30 days of our notice and — despite section 6 — we'll refund the prepaid, unused portion of your subscription.

Entire agreement; waiver. These terms and the Privacy Policy are the whole agreement between us and replace earlier discussions. Not enforcing a term on one occasion doesn't waive it.

18. Contact

Aether Forge Studio
Email: support@mercureal.com