These Terms and Conditions (the "Terms") govern your use of the Attn Seekr Media platform, services and website. They form part of every Service Agreement between Attn Seekr Media and our clients. By signing a Service Agreement with us, by accessing the Momentum+ platform, or by using any service we provide, you agree to be bound by these Terms.

If anything here is unclear, we'd rather you ask before you sign than discover it later. Email us at [email protected]

1. About us

ACN 866 433 487 70 / ABN 86 643 348 770, trading as Attn Seekr Media, Attn Seekr Marketing, and Attn Seekr Co. (the "Company", "we", "us", "our").

Registered address: 7/105 Scarborough Street, Southport QLD 4215

We're an Australian-owned business that builds and operates an AI-powered prospecting software for high-performing real estate agents and principals.

When these Terms refer to "you", "the Client", or "your", we mean the agency, agent or business that has signed a Service Agreement with us.

2. Quick definitions

We've kept these to the essentials. Anything more specific lives in your Service Agreement.

Service Agreement — the document you signed with us that sets out your tier (Core+, Momentum+ or Command+), your start date, fees, and any special terms specific to your engagement. The Service Agreement plus these Terms together form your full contract with us.

Services — access to the Momentum+ platform, our AI agents (including Poppy, Amber and Mia), prospecting and lead-generation services, remote support services, and any other deliverables described in your Service Agreement.

Authorised User — an employee or contractor of yours that you've approved to use the platform under your account.

Client Data — everything you upload to or run through the platform: contacts, properties, photos, messages, notes, reports.

Term — the length of your engagement with us (typically six months, unless your Service Agreement says otherwise).

Business Day — Monday to Friday, excluding public holidays in Brisbane, Queensland.

3. The services we provide

Our Services include:

Platform access. A licence for your Authorised Users to access Momentum+ for the duration of the Term, solely for your own internal real estate business operations.

AI agents. Use of our proprietary AI agents — currently Poppy (price update triggers), Amber (appraisal bookings and calendar coordination) and Mia (buyer/seller nurture conversations). We may add, retire or update AI agents over time as our platform evolves.

Communications suite. SMS and email through the platform, with optional unlimited SMS add-ons available per Authorised User.

Lead and data services. Weekly data mining, list building and database support targeting the agreed contact volume in your tier.

Remote support. A Remote Client Success Partner who handles CRM and database hygiene, marketing campaign execution, sales team coordination and other support tasks described in your Service Agreement.

Reporting. A real-time performance dashboard and automated campaign reporting.

The full description of what's included in your tier is set out in your Service Agreement. If something you expect isn't listed, ask us before you sign — we'd rather get it right at the start.

4. Your account and Authorised Users

You're responsible for everything that happens under your account. That means:

Keeping your login credentials secure and not sharing them.

Making sure your Authorised Users follow these Terms — anything they do, we treat as something you did.

Telling us promptly if you suspect unauthorised access.

Keeping your own systems, devices and internet connection in working order so you can actually use the platform.

The number of Authorised User licences included in your tier is set out in your Service Agreement. Additional licences and add-ons are available at the rates published in your Service Agreement.

5. Service availability and support

Uptime commitment. We commit to making the platform available with uptime of at least 90% in any calendar month, measured as total minutes in the month less downtime, expressed as a percentage.

Downtime calculations exclude:

Scheduled maintenance.

Force majeure events.

Failures of your own internet, hardware or software.

Anything caused by you or your Authorised Users acting in breach of these Terms.

Failures of third-party services we don't directly control (cloud providers, internet backbones).

Scheduled maintenance. Our standard maintenance window is Sundays, 12:00pm to 4:00pm AEST. Where we need to schedule maintenance outside that window, we'll give you at least 48 hours' written notice.

Support hours. Our team is available 9:00am to 5:00pm AEST on Business Days. We'll use reasonable efforts to respond to support requests within four (4) business hours.

Service credits. If we miss the 90% uptime commitment in any calendar month, you can claim a credit on your next invoice — 5% if uptime was between 88% and 90%, 10% if it dropped below 88%. To claim, send us a written request within 10 Business Days of the end of the affected month. Service credits are your sole and exclusive remedy for any failure to meet the uptime commitment.

6. Your Term, renewal and ending the agreement

Initial term. Unless your Service Agreement says otherwise, your initial term is six (6) months from your Commencement Date.

Renewal. At the end of the initial term, your agreement renews automatically for successive six-month periods on the same terms. If you don't want to renew, just give us written notice at least 30 days before the end of your then-current term.

Ending early — for cause. Either of us can end the agreement immediately by written notice if:

The other party commits a material breach and doesn't fix it within 14 days of receiving written notice.

The other party becomes insolvent.

A failure by you to pay any undisputed fees by the due date is treated as a material breach, and we may suspend your Services until the balance is paid.

What happens when the agreement ends.

Your access to the platform stops.

Any unpaid fees become immediately due.

We'll each return or destroy the other's confidential information.

We'll make your Client Data available for export — see Section 10.

7. Fees and payment

What you pay. Your fees are set out in the Fee Schedule in your Service Agreement. They include any one-time setup fees, monthly recurring subscription fees, and usage- or on-demand-based fees that apply to your tier.

All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.

How you pay.

Setup fees are paid in full before Services commence.

Recurring subscription fees are billed monthly in advance by direct debit or card on file.

Usage-based fees (for example, calls or extra data uploads) are billed in arrears on the next month's invoice.

On-demand fees (for example, manual lead status updates triggered by a missed CRM update) are billed when the work is done.

If a payment fails. We may charge a failed payment administration fee of $25 for each failed attempt. If any fee is more than 7 days overdue, we may suspend your Services — including your CRM access — until it's paid.

Fee changes. We may update our fees from time to time. Where that affects your subscription, we'll give you at least 30 days' written notice, and the change will take effect at the start of your next renewal term, not in the middle of one.

Wallet top-ups. Some usage-based fees (for example, outgoing and incoming call charges) are pre-funded from a wallet you set up with us. We'll let you know when you're running low.

8. Your responsibilities

The platform is a multiplier — it makes good agents better. It can't make a switched-off agent into a high-performer, and it depends on you doing your part. This section sets out what we ask of you.

8.1 General

Provide us with timely access to everything we reasonably need: your existing database, brand assets, data files, and business information.

Appoint a single primary contact who can liaise with us on day-to-day matters.

Make sure your computer systems and networks meet any reasonable technical specifications we provide.

8.2 CRM and data hygiene

The integrity of your CRM data is what makes the system work. You agree to:

Use the Momentum+ CRM as your primary system of record for prospecting and pipeline activity.

Log all substantive communications (calls, external SMS, emails) with prospects and leads.

Update the outcome of every appraisal and listing presentation within two (2) Business Days — marking the opportunity as won, lost or pending in the correct CRM pipeline stage.

Notify us within two (2) Business Days of any property generated from a lead under your agreement being publicly listed for sale or lease.

Action any database hygiene tags or maintenance alerts we send you (for example, contact verification or duplicate cleanup).

If you don't update your CRM and we have to manually intervene to find out what happened with a lead, an on-demand fee applies (set out in your Fee Schedule).

8.3 Compliance with Australian law

You're responsible for making sure your use of the platform complies with Australian law — in particular the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).

That means:

You only send marketing communications to contacts who have given valid consent.

You honour all unsubscribe requests promptly.

You don't import, send to or share lists that have been purchased, scraped or otherwise sourced in a way that breaches Australian privacy or spam laws.

A breach of these laws by you can result in our shared sending infrastructure being blacklisted, which affects every other client on the platform. For that reason, we reserve the right to immediately suspend any account that we reasonably believe is in breach.

8.4 Use restrictions

You and your Authorised Users must not:

Resell, sublicense or transfer access to the Services to any third party.

Reverse engineer, decompile or attempt to derive the source code of our software.

Use the Services to build a product that competes with us.

Use the Services for anything illegal, abusive or unethical, including sending spam.

Interfere with or disrupt the integrity or performance of the Services.

These restrictions exist to protect every client on the platform — not just our IP. One bad actor can degrade service for everyone.

9. Intellectual property

Our IP. We own (or licence) all rights in the Services, the Momentum+ platform, the AI agents, our workflows, our reports, our documentation, and anything we develop in delivering the Services. Nothing in your agreement transfers any ownership of our IP to you. We grant you a non-exclusive, non-transferable, revocable licence to use the Services for your internal real estate business operations during your Term.

Your IP. As between us, you own and retain everything you put into the platform — your Client Data, your branding, your marketing assets. You grant us a worldwide, non-exclusive, royalty-free licence during the Term to use, reproduce, modify and process your Client Data solely to provide the Services to you.

Aggregated data. We may use aggregated and de-identified data derived from platform usage to improve our Services, develop new features and create industry benchmarks. This data is fully de-identified — it doesn't and can't identify you, your contacts or your business.

10. Your data and privacy

Security. We use appropriate technical and organisational measures to protect your data against accidental or unlawful destruction, loss, alteration, unauthorised access or disclosure.

Privacy. We comply with the Privacy Act 1988 (Cth). Our handling of any personal information you provide is described in our Privacy Policy, which is part of these Terms by reference.

Data export at the end. If you ask us in writing within 30 days of your agreement ending, we'll make your Client Data available for export in a standard machine-readable format (such as CSV). After that 30-day window, we have no obligation to keep your data and may permanently delete it.

This isn't us being precious — it's us managing risk on your behalf. Holding ex-client data indefinitely creates security exposure for everyone. The 30-day window gives you time to migrate without leaving long-term liability hanging.

11. Confidentiality

We each agree to keep the other's confidential information confidential, and to only use it for the purposes of performing under our agreement. This includes business processes, methods, financial information, customer lists and trade secrets.

The obligation doesn't apply to information that's already public, was already known to the recipient, or was independently developed without reference to the discloser's confidential information. Confidentiality survives the end of your agreement for three (3) years.

If either of us is legally compelled to disclose confidential information (for example, by a court or regulator), we'll tell the other party first where we can, so they can seek a protective order.

12. Warranties and Australian Consumer Law

What we promise. We'll provide the Services in a professional manner with due care and skill, consistent with general industry standards.

What we don't promise. Except as expressly set out in your agreement, the Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all other warranties — express, implied or statutory — including warranties of merchantability, fitness for a particular purpose and non-infringement. We don't warrant that the Services will be uninterrupted or error-free, and we don't warrant any specific commercial outcome — for example, a guaranteed number of listings won.

If you've signed a separate Conditional Performance Guarantee Addendum with us, the terms of that addendum apply on top of these Terms and govern any guarantee we've offered.

Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict or modify any right or guarantee you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, that cannot lawfully be excluded (non-excludable guarantees). If we're liable for breach of a non-excludable guarantee, our liability is limited — to the extent permitted by law and at our option — to (a) re-supplying the Services, or (b) paying the cost of having the Services re-supplied.

13. Liability

No consequential loss. To the maximum extent permitted by law, neither of us is liable to the other for any indirect, special, incidental, punitive or consequential loss — including loss of profits, loss of revenue, loss of business opportunity or loss of data — arising out of or in connection with our agreement.

Liability cap. Subject to Section 12 and to the maximum extent permitted by law, our total aggregate liability to you for all claims arising under or in connection with our agreement (whether in contract, tort or otherwise) is limited to the total Fees you've paid to us in the 12 months immediately preceding the event that gave rise to the first claim.

This cap is how a small Australian business can offer SaaS responsibly. It's standard for the category, and it converts uncapped exposure into a predictable, insurable cost — which is what allows us to keep pricing the Services accessibly for agents.

14. Indemnities

We'll defend you against any third-party claim that your authorised use of the Services infringes that party's intellectual property rights, and we'll pay any damages awarded against you in connection with that claim.

You'll defend us against any claim, loss or damage arising from:

The content or nature of your Client Data.

A breach by you or your Authorised Users of these Terms or any applicable law.

Any negligent or wrongful act or omission by you or your Authorised Users.

15. Force majeure

Neither of us is liable for delays or failures caused by circumstances beyond our reasonable control — natural disasters, war, terrorism, civil unrest, strikes, pandemics, or significant failures of the internet or public utilities (each a Force Majeure Event). We'll let each other know as soon as a Force Majeure Event hits and use reasonable efforts to get back on track.

16. Disputes and applicable law

We talk first. If a dispute arises, we both agree to try to resolve it in good faith through direct conversation between senior people on each side. If we can't resolve it within 30 days, either of us can refer the matter to mediation before going to court (except for urgent interlocutory relief, where court is fine).

Applicable law. Our agreement is governed by the laws of the State of Queensland, Australia. We each submit to the exclusive jurisdiction of the courts of Queensland.

17. General

Notices. Any formal notice under our agreement must be in writing and can be delivered by hand, registered mail or email. Email notices to [email protected] are deemed received on the next Business Day.

Assignment. Neither of us can assign or transfer the agreement without the other's prior written consent (which won't be unreasonably withheld).

Entire agreement. Your Service Agreement (including its Schedules), any signed Addendums (such as a Conditional Performance Guarantee Addendum or an Exclusive Territory Schedule), and these Terms together make up the entire agreement between us. They supersede any earlier verbal or written representations.

Amendments. We may update these Terms from time to time. If we make a material change that affects your rights or obligations, we'll let you know in advance and the change will take effect at the start of your next renewal term — not retrospectively. Minor or clarifying updates take effect when posted on this page, with the "Last updated" date refreshed at the top.

Severability. If any part of these Terms is found unenforceable, the rest stays in force.

No waiver. If we don't enforce a right under these Terms straight away, that doesn't mean we've waived it.

18. Contact

Got a question, a concern, or want clarification before you sign?

Attn Seekr Media | [email protected]

We're a small, real Australian team. Reach out — we'll answer.

These Terms apply to the Core+, Momentum+ and Command+ tiers of the Attn Seekr platform. Specific deliverables, fees and inclusions for each tier are set out in your Service Agreement.