Terms of Service - Underburbs

These Terms of Service (the “Terms”) form a legally binding agreement between you (“you”, “your”, or “User”) and the operator of Underburbs (“Underburbs”, “we”, “us”, or “our”), governing your access to and use of the Underburbs website, mobile experiences, APIs, dashboards, data exports, and any related products or services (collectively, the “Service”). By creating an account, subscribing, or otherwise accessing the Service, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, our Disclaimer, our Acceptable Use Policy, and our Refund Policy. If you do not agree, you must not use the Service.

1. Definitions

Account means the user account you create to access the Service.
Content means any data, statistics, charts, visualisations, narratives, scores, indicators, rankings, and other materials made available through the Service.
Source Data means the underlying public records and datasets we ingest, including (without limitation) NSW Valuer General property sales data and Australian Bureau of Statistics (ABS) datasets.
Subscription means a paid plan granting access to specified features of the Service for a recurring billing period.

2. Eligibility

You may use the Service only if you:

are at least 18 years of age;
have the legal capacity to enter into a binding contract under the laws of New South Wales, Australia;
are not barred from receiving services under any applicable law; and
comply with these Terms and all applicable laws and regulations.

3. Description of Service

Underburbs is an analytics platform that aggregates and visualises publicly available historical Australian property sales data and related demographic data. The Service is currently focused on deep-dive analytics for New South Wales (NSW) suburbs, with broader market snapshots available for other Australian states and territories. Coverage, features, and data freshness may change over time.

The Service displays statistical aggregates (such as medians, means, growth rates, ratios, deviation bands, and time-series charts) derived from Source Data. It is a research and information tool only.

4. Not Financial, Legal, Tax or Real Estate Advice

The Service does not provide financial product advice within the meaning of section 766B of the Corporations Act 2001 (Cth), and does not provide investment, legal, tax, accounting, valuation, real estate appraisal, conveyancing, or buying advice. The Service does not predict, forecast, or guarantee future property prices, rental yields, capital growth, vacancy rates, or other market outcomes.

Any indicators, scores, valuation badges, momentum metrics, cycle analyses, deviation bands, or trend lines are statistical summaries of historical data and model assumptions. They are not appraisals, certified valuations, recommendations, opinions on fair market value, or representations of suitability for any particular person, purchase, sale, or investment objective.

Past performance is not a reliable indicator of future results. Property markets are influenced by macroeconomic factors, regulation, interest rates, demographic shifts, and property-specific characteristics that the Service does not and cannot fully account for.

Always engage qualified, licensed professionals (such as a licensed real estate agent, certified property valuer, mortgage broker, conveyancer, accountant, or financial adviser holding an Australian Financial Services Licence) before making any property, financial, or borrowing decision. You are solely responsible for any decision you make.

5. Source Data

Source Data is sourced from third-party government and public datasets, including the NSW Valuer General Property Sales Information (published under Creative Commons Attribution 4.0 International, CC-BY 4.0) and the Australian Bureau of Statistics. Underburbs is not affiliated with, endorsed by, or sponsored by any government department, agency, or third-party data provider.

We process Source Data into derived statistics. While we take reasonable care, we make no representation or warranty as to the accuracy, currency, completeness, or fitness for purpose of any Source Data or derived Content. Government datasets may contain errors, omissions, delays, mis-coding, or revisions. Some properties (for example, off-market sales, family transfers, or confidential transactions) may not appear in the data.

6. Account Registration and Security

To use most features of the Service, you must register an Account through our authentication provider (Clerk). You agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your Account. Notify us immediately at hello@underburbs.com of any suspected unauthorised access.

Accounts are personal to you. You may not share your Account, credentials, or Subscription with any other person, transfer your Account, or allow more than one person to use a single Account.

7. Subscriptions, Billing and Auto-Renewal

Access to paid features requires an active Subscription. Subscription pricing is shown at sign-up and may change from time to time. Current pricing is A$2.99 per week (in Australian dollars, exclusive of any applicable taxes unless stated).

Billing. Subscriptions are billed in advance on a recurring basis (weekly by default) via our payment processor, Stripe. By subscribing, you authorise us (through Stripe) to charge your nominated payment method on each renewal date until you cancel.
Auto-renewal. Your Subscription will automatically renew at the end of each billing period unless cancelled before the renewal date.
Cancellation.You may cancel at any time via the “Manage subscription” option in the user menu or by contacting hello@underburbs.com. Cancellation takes effect at the end of the current billing period; you retain access until that date.
Failed payments. If a payment fails, we may retry, suspend access, or downgrade your Account.
Price changes.We may change Subscription pricing on at least 14 days' written notice (typically by email or in-app notification). Changes apply from your next renewal.

See our Refund Policy for details on refunds and statutory rights under the Australian Consumer Law.

8. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded. Where our liability for breach of a non-excludable consumer guarantee can be limited, our liability is limited to, at our option: (a) re-supplying the Service; or (b) refunding the amount paid for the relevant Subscription period.

9. Intellectual Property

As between you and us, we own (or are licensed to use) all right, title, and interest in and to the Service, including all software, design, branding, derived analytics, models, layouts, documentation, and Content (excluding Source Data, which remains subject to its underlying licence). The trade marks, logos, and service marks displayed on the Service are owned by us or our licensors. You are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your personal, non-commercial research and due diligence, subject to these Terms.

You must not copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, frame, mirror, scrape, crawl, create derivative works from, sell, sublicense, redistribute, or otherwise commercially exploit any part of the Service or Content without our prior written consent.

10. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which forms part of these Terms. Without limiting that policy, you must not:

scrape, crawl, or automate access except via tools and rate limits we explicitly authorise;
resell, redistribute, sublicense, or republish Content;
use the Service to build a competing product or train machine-learning models;
use the Service for any unlawful, deceptive, harassing, or harmful purpose;
attempt to gain unauthorised access to any part of the Service, other accounts, or related systems;
circumvent any access controls, paywalls, rate limits, or security measures;
interfere with or disrupt the Service or its infrastructure (including denial-of-service attacks);
upload viruses, malware, or other malicious code; or
misrepresent any Content as your own or as a certified valuation or appraisal.

11. Third-Party Services

The Service relies on third-party providers (including Clerk for authentication, Stripe for payments, Vercel for hosting, and Supabase for database services). Your use of those services may be subject to their own terms. We are not responsible for the availability, performance, or content of third-party services.

12. Beta Features

From time to time we may offer beta, preview, or experimental features. These are provided “as is” and may be modified or discontinued at any time. Beta features may contain additional limitations or known issues.

13. Disclaimer of Warranties

To the maximum extent permitted by law, the Service and all Content are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, currency, reliability, security, or uninterrupted operation. We do not warrant that the Service will meet your requirements, that any defects will be corrected, or that any output is suitable for any particular decision.

14. Limitation of Liability

To the maximum extent permitted by law, in no event will Underburbs, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, savings, opportunity, goodwill, data, or business interruption, arising out of or related to your use of (or inability to use) the Service or any Content, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damage.

Subject to the consumer guarantees referenced in Section 8, our total aggregate liability arising out of or relating to the Service or these Terms is limited to the greater of (a) the total amount actually paid by you to us for the Service in the twelve (12) months immediately preceding the claim; or (b) one hundred Australian dollars (A$100).

15. Indemnity

You agree to indemnify, defend, and hold harmless Underburbs and its affiliates, officers, employees, agents, suppliers, and licensors from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to (a) your breach of these Terms or any policy referenced in them; (b) your use or misuse of the Service or Content; (c) your violation of any law or third-party right; or (d) any property, financial, or other decision you make in reliance on the Service.

16. Suspension and Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have breached these Terms, posed a risk to the Service or other users, or failed to pay for an active Subscription. You may terminate by cancelling your Subscription and closing your Account. Sections that by their nature should survive termination (including Sections 4, 5, 9, 13, 14, 15, 17, and 18) will survive.

17. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-laws principles. You and we submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them, except where mandatory consumer-protection laws of your place of residence require otherwise.

19. Dispute Resolution

Before commencing any legal proceeding, you agree to first contact us at hello@underburbs.com and to attempt in good faith to resolve the dispute informally for at least thirty (30) days. Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief.

20. Changes to the Terms

We may update these Terms from time to time. Where changes are material, we will provide reasonable advance notice (typically by email or in-app notice). Your continued use of the Service after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service.

21. General

Entire agreement. These Terms (together with the policies referenced) form the entire agreement between you and us regarding the Service.
Severability. If any provision is held unenforceable, the remaining provisions will continue in full force.
No waiver. Our failure to enforce a provision is not a waiver of that or any other provision.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
Notices. We may give you notice via email or in-app message. You may give us notice at hello@underburbs.com.

22. Contact

For any questions about these Terms, contact hello@underburbs.com.