1. About these terms
These terms are an agreement between Openy (“we”, “us”) and the real estate agency or person that creates an Openy account (“you”). By creating an account or using Openy, you agree to them. If you accept on behalf of an agency, you confirm you are authorised to do so.
Buyers signing in at an open home or leaving feedback, and vendors viewing a report, do not need an account. Our privacy policy explains how their information is handled.
2. The service
Openy provides open home sign-in by QR code and iPad kiosk, buyer feedback forms, agent dashboards, live vendor reports, contract request tracking and connections to other tools. We keep improving Openy and may add, change or remove features. If we remove something significant that you pay for, we will tell you in advance.
3. Accounts and your team
- Keep your sign-in email secure. You are responsible for activity on your agency's account.
- Principals can invite agents and choose their role. Only invite people who work for or with your agency.
- Tell us straight away at hello@openy.com if you think your account has been accessed without permission.
4. Free trial, plans and payment
- New agencies get a free 14-day trial with no card required. When it ends, existing listings keep working, but you need a paid plan to add new ones.
- Paid plans are billed monthly in advance, in Australian dollars, through Stripe. Prices are shown on our website and at checkout.
- Plans renew automatically each month until cancelled. You can cancel any time from Billing. Cancellation takes effect at the end of the current billing period.
- We do not give refunds for partial months, except where the law requires.
- We will give at least 30 days' notice before changing the price of your plan.
- If a payment fails, we will let you know. If it is not fixed, we may limit your account until it is.
5. Your data
Your agency owns the information it puts into Openy, including buyer, vendor and listing details (“your data”). You give us permission to store, process and display your data only to provide and support Openy, including sending it to tools you choose to connect.
You can export your buyers and feedback as a CSV at any time. If you close your account, we delete your data as set out in our privacy policy.
6. Your responsibilities
Because your agency collects buyer and vendor information through Openy, you agree to:
- comply with privacy law, including the Privacy Act 1988 where it applies to you, and have your own privacy policy covering open home follow-ups
- only send marketing messages to buyers who have agreed to receive them, in line with the Spam Act 2003
- comply with real estate, consumer and fair trading laws, including when sharing offers and buyer feedback with vendors
- keep the information you enter accurate and up to date
7. Acceptable use
Do not use Openy to:
- break the law or infringe anyone's rights
- collect information for purposes buyers or vendors would not reasonably expect
- send spam, or upload anything harmful, misleading or offensive
- try to access other agencies' data, overload or disrupt the service, or copy or resell it
We may suspend accounts that break these rules, and will usually contact you first unless the issue is urgent or serious.
8. Connected tools
Openy can send information to other services you choose, such as Zapier, Make, CRMs and webhooks. Those services are run by other companies under their own terms. We are not responsible for how they handle your data, or for problems caused by them.
9. Our intellectual property
Openy, including its software, design and brand, belongs to us. We give you a non-exclusive, non-transferable right to use Openy for your agency's business while your account is active. Suggestions and feedback you give us can be used to improve Openy.
10. Availability and support
We work hard to keep Openy available and secure, but we cannot promise it will always be uninterrupted or error free. We may need to pause the service for maintenance, ideally outside open home hours. Support is available by email at hello@openy.com.
11. Liability
Nothing in these terms excludes rights you have under the Australian Consumer Law that cannot be excluded. Where the law allows, our liability for a failure to meet a consumer guarantee is limited to supplying the service again or paying the cost of having it supplied again.
To the extent the law allows, we are not liable for indirect or consequential loss, such as lost profits, lost sales or lost data. Our total liability in connection with Openy is limited to the fees you paid us in the 12 months before the claim.
You are responsible for claims made against us arising from your data or from your breach of these terms or the law.
12. Ending the agreement
You can stop using Openy and cancel at any time. We can end or suspend your account if you seriously or repeatedly break these terms, or with 30 days' notice for any other reason, in which case we will refund any fees paid in advance for the unused period.
13. General
We may update these terms as Openy changes. We will tell you about significant changes at least 30 days before they take effect. Continuing to use Openy after that means you accept the new terms.
These terms are governed by the laws of Victoria, Australia, and the courts of Victoria have jurisdiction. If part of these terms is unenforceable, the rest still applies.
Questions? Email hello@openy.com.