Terms of Use

DEALIQ TERMS OF USE

DealIQ Property — a service of Khoumanda Pty Ltd (ABN 39 150 262 150) trading as DealIQ Property Registered office: 31 Chambers Street, South Yarra VIC 3141, Australia Version 2.0 — effective on publication

1. About these Terms and who we are

1.1 These Terms of Use (Terms) govern your access to and use of the DealIQ Property software platform, including the FirstPass and Full Feasibility tools, the Ask DealIQ assistant where available, any reports the platform generates, and any associated websites and services (together, the Service).

1.2 The Service is provided by Khoumanda Pty Ltd (ABN 39 150 262 150) trading as DealIQ Property (DealIQ, we, us, our). When we say you or your, we mean the person accepting these Terms and any entity or firm you are authorised to represent.

1.3 By creating an account, subscribing, or using the Service, you accept these Terms. If you are accepting on behalf of an entity, you confirm you are authorised to bind that entity.

1.4 The Service is a business tool built for property developers, advisers, financiers and other property professionals. It is not intended for personal, domestic or household use.

2. What DealIQ is — and what it is not

2.1 DealIQ is feasibility software. It helps you screen and model property development scenarios: it estimates acquisition costs, statutory costs, development economics, gross realisable value (GRV), residual land value (RLV), margin and returns, and it presents a structured classification of a scenario (a Verdict).

2.2 FirstPass is a preliminary, first-pass feasibility tool. It is designed to help you rapidly screen sites, model economics on limited inputs, form an early view of whether a site warrants deeper investigation, prioritise where to spend due-diligence time and money, and identify weak deals early. FirstPass figures are approximate first-pass estimates only. They are a starting point for investigation, not a substitute for it.

2.3 Full Feasibility allows more detailed modelling but remains a modelling tool based on your inputs, DealIQ's assumptions, and third-party and statutory data.

2.4 All figures produced by the Service are estimates. They are approximate only, they are a first pass, and you need to check them and change them if required before you rely on them. Real outcomes depend on matters outside the Service, including market movements, tender prices, interest rates, planning outcomes, statutory changes and the accuracy of the information entered.

2.5 The Service is an information and analysis tool. It is not advice. In particular, the Service does not provide, and nothing in it should be treated as:

(a) financial product advice — the Service concerns real property and development economics; real property is not a financial product, and the Service does not recommend, and is not intended to influence you in relation to, any financial product;

(b) credit assistance or credit advice — the Service models development finance provided wholly or predominantly for business or investment purposes, which is not regulated by the National Credit Code; the Service does not suggest or assist you to apply for any particular credit contract with any particular credit provider, and provides no credit assistance within the meaning of the National Consumer Credit Protection Act 2009 (Cth);

(c) personal taxation advice — the Service applies published statutory rates and formulae to the data available to it; it does not interpret a taxation law against your personal circumstances, and you remain responsible for reviewing every figure before you use it to meet a tax obligation or claim an entitlement;

(d) legal, valuation, town-planning, quantity-surveying or accounting advice.

2.6 You are responsible for obtaining your own professional verification — legal, financial, tax, valuation, planning or otherwise — where appropriate to your circumstances before acquiring, financing or committing to a development. DealIQ is not your adviser and does not owe you advisory duties.

3. Where the figures come from — source of figure

3.1 The Service works with figures drawn from different sources. Understanding the source of a figure is essential to using the Service safely. Where identified by the Service, figures fall into the following classes:

(a) User Input — a figure or fact you enter or select;

(b) DealIQ Assumption — a default or placeholder DealIQ applies where you have not supplied a figure;

(c) Deterministic Calculation — a figure the Service calculates from other figures using defined logic;

(d) Statutory Estimate — an estimate of a duty, levy, contribution, surcharge or tax produced by applying published statutory rates and formulae;

(e) Third-Party Data — a figure sourced from a third-party dataset or provider; and

(f) AI Commentary — narrative explanation generated with the assistance of artificial intelligence.

3.2 Responsibility follows the source. You are responsible for the accuracy, completeness and currency of your User Inputs and of any assumption you adopt, override or leave in place. DealIQ is responsible for the integrity of its own supported calculation logic — that is, that a Deterministic Calculation or Statutory Estimate correctly applies the logic or published rate DealIQ has implemented for a supported scenario. These are different risks and they sit with different parties. Nothing in this clause makes you responsible for an error in DealIQ's own supported calculation logic, and nothing in it makes DealIQ responsible for the consequences of inaccurate, incomplete or out-of-date information you supply or adopt.

3.3 Source and status are separate. A source label explains where a figure or input came from. A status explains how much reliance may be placed on it. The Service may identify an input, figure, ownership position or statutory route as Assumed, Confirmed, Review Required, Unsupported or Expired. A source label does not make a figure confirmed, and a status does not change its source. Where a status is shown, you should treat it as a prompt to verify the relevant input, route or amount before relying on it.

4. Statutory Estimates

4.1 A distinctive feature of the Service is that it estimates statutory costs of development — for example, transfer (stamp) duty, foreign purchaser surcharges, land tax surcharges, and infrastructure or productivity contributions.

4.2 Statutory Estimates are estimates only. They are not a government assessment, ruling or determination, and they do not bind any revenue authority or agency. Statutory rates, thresholds, indexation and eligibility rules change, sometimes frequently and sometimes with retrospective effect, and they turn on facts (such as ownership, residency, foreign-person status, land use and dates) that the Service cannot independently verify.

4.3 Because these figures are approximate only and represent a first pass, you must check every Statutory Estimate against the current published rates and the relevant revenue authority, and change it if required, before you rely on it.

4.4 Where the Service does not hold supported, current calculation logic for a particular statutory cost in a particular scenario or region, it will not present an estimate for that item as complete, confirmed or supported. The Service may display a conservative indicative fallback where information is missing or unconfirmed, but only where the fallback is clearly identified as indicative, assumed or Review Required and is not presented as a confirmed or complete statutory amount. A scenario that omits a statutory cost the Service cannot calculate is not represented as a full statement of statutory costs.

4.5 DealIQ maintains internal standards for the accuracy and currency of the statutory logic it supports. Those internal standards are not a warranty that every Statutory Estimate is correct or current in every case, and they do not displace your obligation under clause 4.3 to verify. Your rights under the Australian Consumer Law are not affected by this clause.

5. Deterministic calculations and the role of AI

5.1 The Service's figures are produced primarily by deterministic logic and structured data. Where the Service uses artificial intelligence, its role is to explain, summarise and add narrative context.

5.2 Deterministic Calculations, structured data and Statutory Estimates take precedence over AI Commentary. Where AI Commentary appears to conflict with a deterministic figure or structured output, the deterministic figure or structured output governs.

5.3 AI Commentary is generated by automated systems and, like all generative AI, can be incomplete, out of date or wrong. It is not a source of numeric truth, it is not advice, and it should not be relied on in place of the deterministic figures, the source-of-figure information, or your own verification. DealIQ does not warrant that AI-generated content will always be accurate or free from error.

5.4 Where the Service uses AI to assist in producing an output that could significantly affect your decisions, we describe our use of automated processing in our Privacy Policy.

Ask DealIQ — the in-product assistant

5.5 What it is. Where available, Ask DealIQ is an automated assistant built into the Service. It uses artificial intelligence. It is provided to help you understand how the Service works, what an input or output means, where a figure came from, and what your next step in the Service is.

5.6 What it does. The assistant answers from approved DealIQ sources, including DealIQ's product rules and documentation, the DealIQ Knowledge Centre, and the current state, statuses and deterministic outputs of the deal you have selected. Where it cannot find enough verified information in those sources to answer, it will say so rather than guess.

5.7 What it does not do. The assistant does not provide financial, investment, legal, tax, valuation, planning or professional advice of any kind. It does not recommend whether you should buy, sell, offer, borrow, or proceed with any transaction, and it does not predict the decisions of any council, lender, authority or counterparty. If you ask it for advice of that kind, it will decline and may offer to connect you with a human adviser under separate terms.

5.8 Its answers carry the same status as the figures they describe. When the assistant explains a figure, that explanation has no greater reliability than the figure itself. An explanation of an Assumed figure is itself an assumption. An explanation of a figure marked Review Required does not resolve the review. The assistant may state the current status of a figure; it cannot change or confirm it.

5.9 It can be wrong. The assistant may misunderstand your question, misread your deal, or explain something inaccurately. You must not rely on anything the assistant says without checking it against the Service itself and, where appropriate, your own advisers. Clause 5.3 applies to the assistant.

5.10 It does not act on your deal. The assistant is read-only. It cannot create, change, delete, archive or restore a deal or any input. Any change to your deal is made only by you, through the Service's ordinary controls.

5.11 Human review is a separate service. Where the assistant offers to connect you with Seek Invest Grow or its principal for a human review of an opportunity, that review is a separate advisory service provided under its own terms and fees. It is not part of the Service and is not provided by the assistant.

5.12 Conversations may be logged. We may retain and review your conversations with the assistant to improve accuracy, investigate errors and keep the Service safe. Conversations are treated as your data under clause 12 and our Privacy Policy, and are subject to the same retention as the rest of your data under clause 17.4.

6. The DealIQ Verdict

6.1 The Service may present a Verdict — a short classification that summarises how a modelled scenario performs against the Service's criteria. Permitted Verdict labels describe the scenario; they do not instruct you to transact. The current labels are: Strong, Acceptable, Reasonable, Watch, Marginal, Renegotiate, Weak and Needs More Evidence.

6.2 A Verdict is a model classification of the numbers you and the Service have put into a scenario. It is not a recommendation, instruction or advice to buy, sell, finance, proceed with or abandon any site or transaction. For example, "Renegotiate" describes a scenario in which the modelled economics do not support the current price against the Service's RLV or return thresholds; it is a description of a modelled result, not an instruction. "Marginal" describes a scenario sitting close to the Service's viability thresholds.

6.3 A favourable Verdict does not mean a deal is sound, and an unfavourable Verdict does not mean it is not. Every Verdict depends entirely on the accuracy of the inputs, assumptions and statutory and third-party data behind it, all of which you must verify.

7. Reports

7.1 The Service can generate reports (including PDFs) that you can save, export and share.

7.2 Each report reflects the inputs, assumptions, source-of-figure information and statutory and third-party data available at the time it was generated. A report is a point-in-time output. If inputs, assumptions, rates or logic change afterwards, an earlier report may no longer reflect the Service's current output.

7.3 Reports carry their own context. A report is designed to travel with the assumptions, source-of-figure information and limitations needed to understand it, so that a recipient can see it is a feasibility estimate and not a statement of fact or advice.

7.4 Recipients who are not DealIQ subscribers are not parties to these Terms. If you share a report with a third party (for example, a co-investor, financier, vendor or purchaser), you are responsible for how you present it and for making clear that it is a DealIQ feasibility estimate based on stated assumptions, that figures are approximate and require verification, and that it is not advice. These Terms cannot, and do not purport to, impose obligations on a person who has not agreed to them, and sharing a report does not make DealIQ responsible to that person.

7.5 You may share reports for your own business purposes. You must not remove or obscure the assumptions, source-of-figure information, status information, disclaimers or DealIQ identification that a report carries.

7.6 Where the Service supports report versioning or marks a report as superseded, those features assist you to manage report history. You remain responsible for ensuring that any recipient is working from the report version you intend.

8. Corrections and versioning

8.1 DealIQ may, from time to time, correct errors in its calculation logic, assumptions, statutory rates or third-party data, and may update, add or discontinue features.

8.2 Where DealIQ identifies a material error in its own supported calculation logic, DealIQ may recalculate affected saved scenarios, preserve or supersede affected report versions, and take other steps it considers appropriate to address the error. Where DealIQ considers it appropriate, it may notify affected users of a material correction. This clause is a right DealIQ may exercise; it is not a promise that every scenario can be recalculated, that every historical version is preserved, or that individual notice will be given in every case.

8.3 Nothing in this clause limits your rights under the Australian Consumer Law, and nothing in it makes a known, uncorrected error in DealIQ's supported logic your responsibility.

9. Your account and acceptable use

9.1 You must be at least 18 and have authority to enter into these Terms. You must provide true, accurate and complete information and keep it current.

9.2 You are responsible for your login credentials and for activity under your account. You must not share, sell, rent or sub-licence your account, and you must tell us promptly of any unauthorised use.

9.3 You must use the Service only for lawful business purposes and must not: breach any law; infringe anyone's rights; upload malicious code; attempt to gain unauthorised access to, disrupt or overload the Service; or copy, decompile, reverse engineer or create derivative works from the Service except to the extent the law permits despite this clause.

9.4 You must not resell, sub-licence or commercially exploit the Service or its outputs except as these Terms expressly permit. You may generate, use and share reports for your own business purposes in accordance with clause 7.

10. Subscriptions, fees and payment

10.1 Access to the Service beyond the free trial requires a paid subscription. The applicable plan, fees and billing period are set out in the plan you select, which forms part of these Terms.

10.2 Fees are in Australian dollars and are exclusive of GST. GST is added at the applicable rate, and the GST-inclusive amount you will be charged is shown to you before you subscribe and on each invoice.

10.3 Subscriptions are billed monthly and renew automatically at the end of each billing period until cancelled. You authorise us to charge your nominated payment method on a recurring basis. If payment fails or is overdue, we may suspend access until payment is made. Suspension for non-payment does not limit your other obligations.

10.4 We may change fees for a future renewal term by giving you at least 30 days' notice before the renewal. If you do not accept a fee change, you may cancel before the renewal takes effect; the change will not apply retrospectively.

11. Free trial

11.1 New accounts receive a free trial of seven (7) days with full access to the Service. No payment details are required to start a trial.

11.2 At the end of the trial, access to create, edit and run deals is suspended until you subscribe. Your data is retained and becomes available again when you subscribe. The trial does not convert to a paid subscription automatically.

11.3 To the maximum extent permitted by law, the Service provided free of charge (including the trial) is provided "as is", and our liability in connection with free use is limited as set out in clause 15.5.

12. Confidentiality and data

12.1 Each party may receive confidential information of the other. Both parties agree to protect the other's confidential information, to use it only for the purposes of these Terms, and to disclose it only to personnel and advisers who need it or as required by law.

12.2 We recognise that the information you place in the Service — including site addresses, purchase prices, costs, feasibility models, joint-venture structures, finance details and uploaded reports — is commercially sensitive. We will treat it as your confidential information.

12.3 You own your data. You grant us a licence to host, process, transmit, store, back up and display your data to operate and support the Service and to provide it to you.

12.4 We do not sell your identifiable project data and do not use identifiable project data to market third-party products to you. We may create and use aggregated and de-identified data (data that does not identify you, any person, or any specific site or project) to operate, secure, analyse and improve the Service and to develop new features.

12.5 Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Where the Privacy Policy and these Terms conflict on privacy matters, the Privacy Policy governs.

13. Third-party data and services

13.1 The Service incorporates third-party data and may link to or integrate third-party products. Third-party data may be incomplete, out of date or inaccurate, and third-party products are governed by their own terms.

13.2 To the extent permitted by law, we are not responsible for third-party data or third-party products, and their inclusion is not an endorsement. This does not limit our responsibility for the way our own supported logic uses data within the Service.

14. Intellectual property

14.1 We own the Service and everything in it (other than your data and third-party content), including the software, design, content, and all intellectual property rights. We grant you a non-exclusive, non-transferable right to use the Service and its outputs for your business purposes for the term of your subscription.

14.2 You must not remove or obscure any proprietary notice, disclaimer or source/status information from any output or report.

15. Australian Consumer Law, liability and remedies

15.1 Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded, restricted or modified (Non-Excludable Rights). If we breach a Non-Excludable Right, our liability is governed by the ACL.

15.2 Limitation to resupply for consumer guarantees. The Service is not of a kind ordinarily acquired for personal, domestic or household use or consumption. To the extent permitted by section 64A of the ACL, our liability for failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53 of the ACL as to title, undisturbed possession and undisclosed securities) is limited, at our option, to resupplying the services or paying the cost of having the services resupplied. This limitation does not apply where it would not be fair or reasonable for us to rely on it.

15.3 Exclusion of implied terms. Subject to clause 15.1, all terms, guarantees, warranties and conditions that would otherwise be implied by law are excluded to the maximum extent permitted.

15.4 Excluded loss. Subject to clause 15.1, and whether the claim is in contract, tort (including negligence), statute or otherwise, neither party is liable to the other for any of the following, however arising: loss of profit or anticipated profit; loss of revenue; loss of anticipated savings; loss of opportunity or business; loss of goodwill; or any indirect or consequential loss. In addition, and subject to clause 15.1, DealIQ is not liable for loss arising from: inaccurate, incomplete or out-of-date User Inputs or assumptions you adopted; your failure to verify a figure the Service identified as an estimate, assumption, statutory estimate, unsupported route or AI commentary; your reliance on anything the Ask DealIQ assistant said contrary to clause 5; changes in statutory rates or market conditions; or your or any third party's reliance on a report contrary to clause 7.

15.5 Liability cap. Subject to clauses 15.1 and 15.6, our total aggregate liability to you for all claims arising out of or in connection with the Service and these Terms in any 12-month period is limited to the greater of (a) the fees paid or payable by you for the Service in the 12 months before the event giving rise to the liability, and (b) AUD 2,000. For free or trial use, our aggregate liability is limited to AUD 100.

15.6 Matters outside the cap. The cap in clause 15.5 does not apply to your liability to pay fees, to either party's liability for its own fraud or wilful misconduct, or to your breach of clause 9.3 or 9.4 (misuse and unlawful use) or of our intellectual property rights.

15.7 Reduction for your contribution. Our liability is reduced to the extent your act, omission or failure to verify caused or contributed to the loss.

16. Indemnity

16.1 You indemnify us against loss and third-party claims to the extent they arise from your breach of these Terms, your misuse of the Service, your infringement of a third party's rights, or your fraud, negligence or unlawful conduct.

16.2 This indemnity is reduced proportionately to the extent our act, omission or breach caused or contributed to the loss or claim. The indemnity does not extend to loss arising from a defect in DealIQ's own supported calculation logic or from our breach of these Terms.

17. Suspension, termination and what happens next

17.1 You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period, and you keep access until then. Fees already paid are non-refundable, and no refund is given for any unused part of a billing period, except where the law requires otherwise.

17.2 Either party may terminate for material breach if the breach is not remedied within 10 business days of written notice. We may suspend or terminate immediately if you fail to pay, misuse the Service in a way that risks harm, or become insolvent.

17.3 On termination or closure of your account, your right to use the Service ends. You are responsible for exporting your data before termination.

17.4 We will make your data available for export for 60 days after termination or closure of your account. After that period we may delete it in line with our retention practices.

17.5 Clauses that by their nature should survive termination (including clauses 2, 3, 5, 7.4, 12, 14, 15, 16 and 18) survive.

18. General

18.1 Changes to these Terms. We may update these Terms. For material changes, we will give you reasonable advance notice (for example, by email or in-product) before they take effect, and, where the change would materially disadvantage you, you may cancel before it takes effect without penalty for the unexpired period. Changes do not apply retrospectively. Each version of these Terms is numbered and dated, and the version you accepted is recorded against your account.

18.2 Variation for legitimate reasons. We may vary the Service or these Terms to reflect changes in the law, in statutory rates or data, in third-party providers, or to maintain security and integrity. We will act reasonably and give notice where practicable.

18.3 Assignment. You may not assign these Terms without our consent (not unreasonably withheld). We may assign on notice to you, provided your rights are not materially prejudiced.

18.4 Notices to us go to support@seekinvestgrow.com.au; notices to you go to your account email.

18.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

18.6 Severance. If any part of these Terms is unenforceable, it is severed and the rest continues.

18.7 Governing law. These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

*These Terms are DealIQ's own contractual drafting, based on current Australian law, market evidence and the actual behaviour of the Service.*