Terms & Conditions

The terms on which Briesa provides its compliance platform to real-estate agencies: accounts, the assistant, your data, subscriptions, closing, liability and complaints.

Effective 16 October 2026. Under review. This version is awaiting review by a NSW solicitor. Until that review is complete it is published so that it says, today, what Briesa does. All policies

01Acceptance of these terms

These Terms & Conditions (the "Terms") are between the agency that signs up to Briesa ("you" or the "Agency") and Briesa, ABN 68 461 702 776 ("Briesa", "we" or "us"). They govern your use of the Briesa website and the Briesa platform (together, the "Service").

You accept these Terms when you tick the acceptance box as you create an account, sign an order form, or first use the Service, whichever happens first. The person who accepts for the Agency confirms that they have authority to bind it. The Service is for use in carrying on your business as a real-estate agency or a related business, not for personal, domestic or household purposes.

If you sign an order form or pilot letter, it forms part of these Terms and prevails over them on fees, term, the number of users or a point it says expressly overrides them; on any other point, these Terms prevail. The Terms in force when you accept apply to you, subject to section 16.

02The Service

Briesa provides a hosted, subscription-based platform on which an agency keeps and carries out its compliance work: its properties, engagements and parties, its trust records, its registers, policies and checklists, its staff licences and training, and the audit trail behind all of it. The Service includes the legal content, templates and checklists it carries, the assistant, and support.

We provide the Service with due care and skill and aim to keep it available. We may carry out maintenance, with notice where practicable. We do not promise that the Service will be uninterrupted or free of errors. We provide support by email on Business Days, which are days that are not a Saturday, a Sunday or a public holiday in New South Wales.

The Service depends on third parties, such as our hosting, payment, email and model providers, listed on our Subprocessors page. We choose and manage them with care, but we are not responsible for their failures except as section 13 provides. A feature marked beta or preview is provided without any warranty; we may change or withdraw it at any time.

Briesa is not a real-estate agent, a law firm, an auditor or your compliance officer. We do not act as your agent or on behalf of your clients, and we do not hold, receive or handle trust money or your clients' funds. You are responsible for the devices, software and internet connection you need to use the Service.

03Accounts and security

Each organisation on Briesa has one owner, who alone can change its billing, transfer ownership or close it, and may have administrators, team leads, team members and time-limited auditors, each with the access that level gives. You set the roles in your organisation, must give each person only the access they need, must review them regularly, and must remove a person's access promptly when they leave or change role.

Each person must use their own login. Logins must not be shared. Any member can add an authenticator app to their account, and an organisation can require one of every member; you must use one where we require or your organisation requires it. You must keep logins and devices secure and tell us as soon as you suspect unauthorised access or a lost device. We may suspend an account where we reasonably suspect it is compromised, and we may ask you to verify your identity or a user's identity.

You are responsible for everything done under your organisation by its members, and by anyone using their logins, as if you had done it yourself. You must give us accurate and complete information when you sign up and afterwards.

05Your responsibility as the agency

You remain responsible for your business and for complying with every law that applies to it, including the Property and Stock Agents Act 2002 (NSW) and its regulation, trust account requirements, anti-money laundering and counter-terrorism financing laws, privacy laws, consumer law and work health and safety laws. Your licensee in charge remains responsible for supervising your business and your staff, and you must hold every licence, certificate and insurance the law requires.

You are responsible for the records you keep on the Service, for their accuracy and completeness, and for having the right to collect them and use them in the Service, including with the assistant; you must give your clients and other people the notices, and obtain the consents, that privacy law requires. You must keep the records the law requires you to keep, in the form and for the time it requires, and you can use the export tools in the Service to keep your own copy. You are responsible for every report, notification, lodgement and filing the law requires of you and for meeting their deadlines; reminders and templates in the Service are aids only. You must not rely only on us to monitor changes in the law that affect you, and you must tell us promptly if you notice an error in the Service, its legal content or an output.

06The assistant

Parts of the Service use a language model run by a third-party provider. The assistant can be wrong: its output may be inaccurate, incomplete or out of date, and it does not know the full circumstances of your matter.

The assistant drafts, checks, summarises and answers. It takes no action on its own: it changes no record, sends nothing and deletes nothing until a person at your agency does so. A person at your agency must review every output before relying on it, and you decide what to do with it. You must not rely on an output alone to make a decision about an individual, such as refusing a tenancy application or deciding that a client is suspicious; a person must make that decision.

Nothing you ask the assistant is used to train the model, and the provider's terms do not allow it to train on what we send (section 7). We may pause or switch off the assistant, for you or for all customers, where needed for safety, security, legal or provider reasons, and we will tell you where we can. We do not promise that an output is accurate, complete or suitable for your purpose; sections 4, 5, 12 and 13 apply to every output.

07Customer data

As between you and us, you own the records you and your members keep on the Service ("Customer Data"). You grant us a licence to host, process, copy and disclose Customer Data to our service providers as needed to provide, secure and support the Service and to meet our legal obligations, and for nothing else. We do not sell Customer Data, we do not show it to other customers, we do not use it to train models, and we use only a model provider whose terms do not allow it to train its own models on what we send.

Each of us must comply with the Privacy Act 1988 (Cth) to the extent it applies to us. You are responsible for the personal information you collect and enter, including giving your clients and others the required notices and having a lawful basis to disclose it to us. The Service and its database are hosted in Sydney, Australia; the countries in which our model, payment and email providers process data are on the Subprocessors page, and you agree to that. You are responsible for telling your own clients, where the law requires, that their information may go overseas.

We take reasonable steps to protect Customer Data from misuse, interference, loss and unauthorised access, as our Privacy Policy describes. If we become aware of an eligible data breach affecting Customer Data, we will tell you without undue delay and help you meet your own obligations; you are responsible for any notification the law requires of you. We may disclose Customer Data where the law requires it, and will tell you where we are permitted to. Section 10 explains how you export your data and what happens to it when you close.

08Acceptable use

You and your members must not:

  • use the Service in a way that breaks the law or another person's rights, or to mislead anyone or create false or backdated records;
  • try to access another agency's data or any part of the platform you are not allowed to access, or test, scan or probe the security of the platform without our written permission (our Responsible Disclosure Policy says how to report a weakness);
  • try to get around any limit or control, including by tricking the assistant with hidden instructions in documents or messages;
  • enter data you have no right to use, or malicious code;
  • copy, scrape, resell, sublicense or reverse engineer the Service, except where the law allows it;
  • share logins, or use the Service for personal, domestic or household purposes;
  • use an output to make a decision about an individual without human review, or to discriminate unlawfully; or
  • use the Service in a way that harms its performance or other customers.

If you breach this section, we may act under section 10.

09Subscriptions and billing

  • Plans and prices. Subscriptions are priced per organisation according to the plan you select, as set out on our pricing page or in your order form. Prices are in Australian dollars and exclude GST. Briesa is registered for GST, so GST at 10% is added to every charge; Stripe issues a tax invoice for every charge.
  • The trial. Your organisation's first subscription begins with a free trial of seven (7) days. You enter a card when you create the organisation, and nothing is charged during the trial. Unless you cancel before the trial ends, the first monthly fee is charged to that card on the eighth day and the subscription continues as a paid subscription. If you cancel during the trial, you are not charged.
  • Monthly, in advance. Fees are billed monthly in advance, by card through Stripe, our payment processor, and you authorise us to charge the card you have given. The subscription continues from month to month until cancelled.
  • Cancelling. You may cancel at any time from Settings › Billing. Cancellation takes effect at the end of the current billing period: you keep access until then, and we do not charge you again. Except where the Australian Consumer Law requires it, fees already paid are not refunded.
  • Failed payments. If a payment fails, Stripe retries it and tells you. If the subscription ends because it stays unpaid, the organisation is closed to its members until a card is entered under Settings › Billing, after which it opens again.
  • Changing plans. You may change plans at any time; changing plans may change what the organisation can do or hold.
  • Fee changes. We may change our fees by giving you at least thirty (30) days' notice. A change takes effect from a future billing period named in the notice; until then your existing fee applies. If you do not agree, you may cancel before the change takes effect without penalty. If you keep the subscription after it takes effect, you are billed at the new rate.
  • Disputed invoices. If you dispute an invoice, tell us within 30 days of the invoice date. You must still pay the amounts that are not in dispute.

10Term and termination

These Terms start when you accept them and continue until ended under this section.

  • Closing your organisation. The organisation's owner may close it at any time from the platform. For 30 days after that, the owner can reopen it, and the owner and administrators can export its records; after those 30 days access ends. Cancel the subscription under section 9 as well, or ask us to, so that you are not charged for a period you do not use.
  • Your records after closing. The records a closed organisation kept are held, unchanged and inaccessible to everyone, for the period the law sets for them (seven years for trust, agreement, identity, register and similar compliance records; three years for photographs and other files), after which we delete or de-identify them. The agency may ask us in writing to delete them earlier, once it has exported them, and we do so where the law allows. Copies in backups are deleted when the backups expire on our provider's normal cycle. We may keep information we must keep by law.
  • The audit trail. Every change to your records is kept in an audit trail nobody can edit, so that what happened can be shown. It is held with the records, for the same period.
  • Our termination. We may end these Terms by giving you thirty (30) days' notice; if we do, we refund any fees you have paid for the period after they end. Either of us may end these Terms immediately by notice if the other commits a material breach and does not fix it within fourteen (14) days of being told, or becomes insolvent.
  • Suspension. We may suspend or restrict access immediately, and only as far as reasonably necessary, where your account may be compromised, there is a serious security risk, you use the Service unlawfully, you breach section 8, or a subscription has ended unpaid. We will tell you why and restore access as soon as the problem is resolved.
  • Afterwards. When these Terms end, your right to use the Service ends and any fees owing remain payable. Sections 4, 5, 7, 10, 11, 12, 13, 14, 15, 17, 18 and 19 continue to apply.

11Intellectual property

We own the platform and all intellectual property in it, and in the legal content as we have written it. This does not include legislation, regulator material or third-party material, which remain with their owners. While these Terms are in force, we give you a non-exclusive, non-transferable licence to use the Service and its legal content for your own business. You own your Customer Data and, as between us, the outputs the assistant generates from it, subject to our rights in the legal content and templates and to the rights of third parties; outputs may be similar to those produced for other customers. If you give us suggestions or feedback, we may use them without payment or restriction. Our name and logos belong to us. Some parts of the platform use third-party or open-source software, which may be subject to their own licence terms.

12Warranties and the Australian Consumer Law

We warrant that we have the right to provide the Service, and we provide it with due care and skill. To the extent the law allows, and except as these Terms expressly state, we provide the Service, its legal content and the assistant's outputs "as is" and "as available", and we do not warrant that they are accurate, complete, current or free of errors, fit for any particular purpose, or uninterrupted.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty or other term that is implied or imposed by law and cannot lawfully be excluded (a "Non-excludable Right"). Where a Non-excludable Right applies to the supply of services that are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to comply with it is limited, to the extent the law allows and if it is fair or reasonable, to supplying the services again or paying the cost of having them supplied again. You confirm that you acquire the Service for the purposes of your business.

13Limitation of liability

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law, including liability under a Non-excludable Right, for fraud or wilful misconduct, or for death or personal injury.

Subject to that, neither of us is liable to the other for any indirect or consequential loss, or for loss of profit, revenue, business, opportunity, goodwill or anticipated savings, however it arises; and, to the extent the law allows, we are not liable for any fine or penalty imposed on you or your staff, or for the cost of responding to a regulator's inquiry or investigation.

Subject to section 12 and the first paragraph of this section, our total liability to you for all claims arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), under statute or otherwise, is limited to the fees you paid us in the twelve (12) months before the event that first gave rise to the liability. If you paid no fees in that period, for example during a trial, our total liability is limited to A$1,000.

To the extent the law allows, we are not liable for loss that arises from a decision, act or omission of you or your members, including relying on legal content or an output without checking the official source or getting advice; your failure to meet a responsibility in section 5; Customer Data that is inaccurate, incomplete or collected unlawfully; a login or device being compromised because it was not kept secure; a failure of a third-party service, the internet or telecommunications that we could not have prevented by exercising due care and skill; or an event beyond our reasonable control. Our liability is reduced to the extent that you or your members caused or contributed to the loss, and each of us must take reasonable steps to limit our loss. You must tell us as soon as practicable about any claim, or any circumstance that may lead to a claim, against us.

You acknowledge that these limits reflect the fees and a fair sharing of risk between us, that you have had the chance to get independent advice, and that you should hold insurance appropriate to your business, such as professional indemnity and cyber insurance. Each limit and exclusion in this section is separate and applies to the maximum extent the law allows.

14Indemnity

You indemnify us against loss, damage and reasonable costs, including legal costs, that we suffer from a claim by a third party to the extent the claim arises from your Customer Data, including infringement of someone's rights or unlawful collection of it; your breach of section 8; or your breach of law in using the Service. The indemnity does not apply to the extent that the claim is caused by our breach of these Terms, our negligence or our breach of law. We will tell you promptly of a claim, let you take reasonable steps to defend it, and not settle it without consulting you.

15Confidentiality

Each of us must keep the other's confidential information confidential, use it only for these Terms, and disclose it only to our personnel, advisers, insurers and service providers who need to know it and are bound to keep it confidential. Your Customer Data is your confidential information. Confidential information does not include information that is public without a breach of these Terms, that the receiving party already knew or developed independently, or that the law, a court or a regulator requires us to disclose. This section continues for three (3) years after these Terms end, and for as long as personal information and trade secrets remain confidential.

16Changes to the Service and these terms

We may improve and change the Service. If we remove a material feature, change how your data is handled or change the model provider, we will give you at least fourteen (14) days' notice, unless a security or legal reason requires us to act sooner. We will not materially reduce the core functionality of a paid plan during a paid period without reasonable notice. Updates to the legal content are not changes to these Terms.

We may change these Terms by giving you at least thirty (30) days' written notice. If a change is materially adverse to you, you may end these Terms before it takes effect without penalty, and we will refund any fees you have paid for the period after they end. If you keep using the Service after the change takes effect, you accept it. We may change these Terms immediately where the law requires it or to deal with a security risk, and we will tell you.

17Complaints and disputes

If you have a complaint, contact us at support@briesa.com. We will acknowledge it within 5 Business Days and aim to resolve it within 30 days.

If a dispute arises, either of us may give the other written notice of it. Senior representatives of each of us must meet within 10 Business Days to try to resolve it. If it is not resolved within 20 Business Days of the notice, either of us may refer it to mediation with an independent mediator that we agree on, and we share the mediator's costs equally. This does not stop either of us from seeking urgent court orders.

18Governing law

These Terms are governed by the law of New South Wales. Each of us submits to the non-exclusive jurisdiction of the courts of New South Wales and the federal courts sitting there.

19General

These Terms, any order form and the documents they refer to are the whole agreement between us about the Service, subject to section 12. Notices must be in writing: we may send you a notice by email to the address on your account or through the platform, and you may send us a notice by email to legal@briesa.com; a notice sent by email is received on the next Business Day. You may not transfer your rights under these Terms without our written consent; we may transfer ours to a person who takes over our business, and we will tell you. Neither of us is liable for a failure to perform, other than to pay money, caused by an event beyond our reasonable control. A right is not waived unless the waiver is in writing, and if part of these Terms is unenforceable the rest continues to apply. Nothing in these Terms makes you and us partners, agents or employees of each other, and no one other than you and us has any right under them. We may use subcontractors but remain responsible for their work. You can accept these Terms electronically; "including" does not limit what comes before it, and a reference to a law includes that law as amended.

20Contact us

Questions about these Terms can be sent to legal@briesa.com, support requests to support@briesa.com, or either through our contact page.