End User Licence Agreement
1. Introduction
1.1 These Terms and Conditions that make up this End User License Agreement (EULA) are entered into between EagleVisionX Pty Ltd ACN 685 353 968 ABN 30 685 353 968 (Arlee, we, us or our) and you.
1.2 Arlee provides the App which includes the following features:
- (a) view your property value and equity position (My Position);
- (b) build and manage a personalised financial Life Plan (My Life Plan);
- (c) model "What If?" scenarios, including buying, refinancing, selling, renovating and life events;
- (d) connect, message, and book appointments with your mortgage broker (My Broker);
- (e) access Ask Arlee, an AI assistant that provides general insights based on your financial data; and
- (f) access other calculators and tools made available through the App from time to time,
(known as the Services)
1.3 Arlee makes no warranty as to the accuracy or reliability of information contained on the App (including any content or information generated or accessible through the App, whether created by Arlee, generated by Ask Arlee, or sourced from any third party). Information and tools provided or accessible through the App and Services, including Ask Arlee, are not a substitute for financial, credit, legal, real estate or other professional advice and should not be treated as such. Any credit assistance provided to you is provided directly by your individual mortgage broker in their own professional capacity, and not by EagleVisionX Pty Ltd.
2. Acceptance of the EULA
2.1 By using the App, you accept and agree to be bound by the terms and conditions of this EULA. If you object to any of the terms and conditions of this EULA your sole option is to cease use of the App.
2.2 We reserve the right to amend the terms and conditions of this EULA at any time by publishing a new version which will be available through the App. By continuing to use the App at any time after publication of the updated EULA, you agree to be bound by the new EULA terms and conditions. If you do not agree to any of the updated terms and conditions of the EULA, your sole option is to cease use of the App.
2.3 When you download this App from:
- (a) the Apple App Store, you agree to also be bound by Apple's Media Services Terms and Conditions; or
- (b) the Google Play Store, you agree to also be bound by Google LLC's Google Play Terms of Service.
2.4 Subject to the terms of this EULA, Arlee grants you a limited, non-exclusive, non-transferable, revocable license to use the App on any mobile or tablet device that you own or control.
2A. Arlee is in beta
2A.1 Arlee is a pre-release product. Arlee is currently in a beta trial phase. You are using an early version of the App. It is not a finished product, and we are not presenting it as one.
2A.2 What that means while you are using it. Features may change, stop working, or be withdrawn while the beta is running, and figures may be recalculated as we improve the App.
2A.3 Talk to your broker before you act on anything you see. Everything the App shows you — your property value, your equity, your borrowing power, projected positions, and anything Ask Arlee tells you — is there for you to discuss with your mortgage broker. This is the position already set out in clause 1.3, and it matters particularly while Arlee is in beta.
2A.4 Please tell us what looks wrong. We are asking people to find problems. If a figure, a screen or a message looks wrong to you, please tell us at support@arlee.com.au. You can also raise it with your broker.
2A.5 Your information is treated exactly as it always is. The information you enter is real personal information and we treat it that way. We handle it in accordance with the Arlee privacy policy at arlee.com.au/privacy-policy, which applies in full during the beta. Arlee being a pre-release product changes nothing about our obligations under the Privacy Act 1988 (Cth), or about how seriously we take them.
2A.6 Your rights are not reduced. Nothing in this clause takes away, limits or changes any right or remedy you have under the Australian Consumer Law or any other law. Clause 7 continues to apply in full.
2A.7 When the beta ends. This clause stops applying when the beta trial phase ends, without either of us having to do anything. We will publish an updated version of this EULA at that time.
3. Restrictions on use
3.1 In order to access and use the App, you must:
- (a) be at least 18 years of age; and
- (b) hold a valid Australian mobile number and/or be residing in Australia.
3.2 You must not:
- (a) modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of the App in any way possible;
- (b) reproduce, distribute or sublicense the App;
- (c) use the App and Services for any commercial or non-private use purposes;
- (d) use the App for any illegal or unauthorised purpose, including:
- (i) anything that would constitute a breach of an individual's privacy (including uploading private or personal information without that individual's consent), any other legal rights and/or privacy laws;
- (ii) using the App to defame, harass, threaten, menace or offend any person, including using the App to send unsolicited electronic messages;
- (iii) tampering with or modifying the App (including by transmitting viruses and using trojan horses);
- (iv) using data mining, robots, screen scraping or similar data gathering and extraction tools on the App; or
- (v) facilitating or assisting a third party to do any of the above acts.
4. Availability of the App
4.1 We will use our best endeavours to ensure the Services and App are available at all times. However, there will be times when we perform scheduled maintenance or emergency repairs to the App or Services, which may cause the App or Services to be unavailable during these times.
4.2 We may rely on third party service systems to provide the Services to you. These systems may not be functional at all times due to scheduled maintenance or emergency outages or upgrades which are outside of Arlee's control.
4.3 Where functionality or access to the Services or App is impacted due to the events outlined in clauses 4.1 and 4.2 above, we will endeavour to make the Services and/or App available again as soon as possible.
4.4 If we believe you have breached any of the terms and conditions in this EULA, we may suspend your access to the App while we investigate the potential breach. Should we identify you have breached the terms and conditions of this EULA, your access to the App will be terminated immediately and you will no longer be able to access the App indefinitely.
5. Registering your details through the App
5.1 In order to use the App, you must first register your details – that includes full name, email address and contact number.
5.2 All personal information will be governed by our Privacy Policy.
5.3 Your login details are unique to you and you must not share them or provide them to others.
5.4 You will be responsible for keeping your sign-in details confidential, and you will be liable for all activity associated with your account. If there is any unauthorised use of your account, please notify us immediately.
5.5 If you no longer wish to use the App, you may ask for your account and personal information to be deleted by contacting us at privacy@arlee.com.au. Because your mortgage broker holds your client relationship and is required by law to keep certain records, your request is arranged with your broker. We will then delete your personal information, except where we are required by law to keep it. Our Privacy Policy explains how we handle your information.
6. Intellectual Property
6.1 The App and Services, including all content (including copyright and trademarks), patents, circuit layouts, inventions, confidential information, visual interfaces, graphics, design, and any other materials provided or accessible through the App (Intellectual Property), are protected by intellectual property laws.
6.2 You acknowledge that we own all rights, title, and interest in the App.
6.3 You warrant that, when using the App, you will not:
- (a) wholly or substantially copy any of our Intellectual Property;
- (b) breach any law or infringe any of our rights in the Intellectual Property.
6.4 The App may contain links to or be accompanied by third-party websites, software, online services, data, libraries, or other materials including third party intellectual property (collectively Third Party Services) that are not owned or controlled by Arlee and are subject to and provided in accordance with terms that are in addition to or may be different from this EULA. Such terms may be included or referenced in or with such Third Party Services. You agree to comply with such terms. In addition, you will take sole responsibility for obtaining and complying with any licenses that may be necessary to use Third Party Services, data, or other materials that you use or obtain for use in conjunction with the Services.
6.5 Cotality property data
(a) Some property information in the App — including property valuation estimates (AVM Estimates) and suburb and market data (Cotality Data) — is provided by Cotality (formerly CoreLogic) and its data suppliers, which include government and other third-party sources.
(b) Cotality Data is made available under Cotality's own End User Terms — see Cotality End User Terms.
(c) An AVM Estimate is a statistically derived estimate provided for general information only. It is not a physical inspection or a professional or certified valuation, is current only as at its stated date, may differ from a property's actual market value, and must not be relied on as the sole basis for any financial decision.
(d) Cotality and its suppliers own all rights in the Cotality Data. You may view it in the App for your own personal use only. You must not copy, extract, redistribute, on-sell, or use it for any other purpose, and you must not remove any Cotality logo, attribution, or disclaimer shown with it.
(e) Cotality Data is provided "as is". To the maximum extent permitted by law, none of Cotality, its suppliers, or Arlee warrants its accuracy, completeness, or currency (see clauses 7 and 8). Nothing in this clause excludes or limits any rights you have under the Australian Consumer Law that cannot lawfully be excluded.
7. Our Warranty Disclaimer
Under the Competition and Consumer Act 2010 (Cth) there are implied guarantees, warranties and conditions which we are required to comply with (Implied Guarantees). If there are any Implied Guarantees that apply to you, our liability will be limited at our option to resupply, repair or replacement of the App or the cost of resupply, repair or replacement, to the extent permitted by law.
8. Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, consequential, special or economic loss, cost, liability, damage or expense howsoever arising.
9. Governing Law
This EULA is governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising from this EULA shall be subject to the exclusive jurisdiction of the courts in Victoria, Australia.
10. How to contact us?
If you need to contact us about this App, the terms and conditions of this EULA or anything related to the Services we provide under this App, please use the following contact details:
EagleVisionX Pty Ltd
ABN 30 685 353 968 | ACN 685 353 968
Email: support@arlee.com.au