Terms & Conditions

1. Application of these Terms

These General Terms and Conditions ("Terms") apply to your use of any Rex Group websites, products or services (each a "Service" and together the "Services"). The Services include the "Rex Services", "Rex Cirrus8 Services" and "Rex RealTrust Services" defined and described below.

These Terms form part of your Contract for use of a Service, along with your Proposal that relates to the Service and any specific terms and conditions that apply to your use of a Service, as well as the Rex Privacy Policy in relation to our collection and processing of personal information.

For the avoidance of doubt as to the hierarchy of Contract documents:

• the Proposal takes precedence over these Terms in relation to pricing and term variables;
• the Privacy Policy takes precedence in relation to our collection and processing of personal information; and
• in all other respects, these Terms take precedence in the event of any inconsistency with other Contract terms.

The Rex Services are provided by Rex Software Pty Ltd (ACN 145 420 284) in Australia and Rex Labs Limited (Company Number 11241778) in the United Kingdom. The Rex Services include the Rex website at rexsoftware.com and the following Rex products and services: Real Estate CRM, Real Estate CRM Mobile App, Property Management, Real Estate Marketing, Real Estate Websites, Real Estate AI, and Rex Reach.

The Rex Cirrus8 Services are provided by CIR8 Pty. Ltd (ACN 610 625 173) and include the Cirrus8 website rexcirrus8.com and the following Rex Cirrus8 products and services: Rex Cirrus8 property management and accounting software services; and Rex RealTrust trust accounting, property management, variable outgoings reconciliation and budgeting services.

References to Rex Group in these Terms means each of the corporate entities above, as applicable to the relevant Service.

These Terms are binding on any use of the Services and apply to you from the time that you are first provided a Service or have access to a Service.

The Services will evolve over time based on user feedback. Rex Group reserves the right to change these Terms at any time, effective upon the posting of modified terms. Whilst Rex Group will endeavour to communicate any changes to you via email or notification via the relevant Rex Group website, it is your obligation to ensure that you have read, understood and agree to the most recent terms available on the relevant Rex Group website.

By registering to use a Service you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Services.

2. Definitions

"Confidential Information" includes all information of a confidential nature exchanged between the parties in relation to a Service, whether in writing, electronically or oral, but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Contract" means your contract for use of a Service, including your Proposal, any specific terms and conditions that apply to your use of a Service, the Privacy Policy and these Terms.

"Data" means any data that you provide to Rex Group or that is provided with your authority to Rex Group.

"Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

"Invited User" means a person or entity, other than the Subscriber, that uses a Service with the authorisation of the Subscriber from time to time.

"Fees" means the fees (excluding any taxes and duties) payable by you to Rex Group for provision of a Service.

"Fixed Term" means the minimum period of use (if any) of a Service specified in your Proposal.

"Force Majeure" means a circumstance beyond the reasonable control of a party which results in a party being unable to observe or perform on time an obligation under this Agreement (other than an obligation to pay money). Such circumstances include acts of God, natural disasters, acts of war, terrorism, riots, pandemic, epidemic, quarantine, lockdown or other government-imposed restriction, and strikes.

"Marketing Credits" means credits pre-purchased by you and to be applied in the use of SMS messaging, Microsites and other consumables made available via a Service.

"Privacy Policy" means the Rex Group Privacy Policy at https://www.rexsoftware.com/legal/privacy-policy.

"Proposal" means a proposal form that Rex Group provides to you in relation to a Service that you engage Rex Group to provide.

"Subscriber" means the person who registers to use a Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

"you" means the person who uses a Website and/or registers to use a Service, and, where the context permits, includes any entity on whose behalf that person registers to use a Service, and any person or organisation that uses a Service with the authorisation of that person or entity.

3. Use of Services‍

Rex Group grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Services, subject to the particular user roles available to you according to your subscription type for a Service and in accordance with these Terms.

You acknowledge and agree that: (a) the Subscriber determines who is an Invited User and what level of access that Invited User has; (b) the Subscriber is responsible for all Invited Users’ use of a Service, including cyber security protection and ensuring adequate training; (c) the Subscriber controls each Invited User’s level of access at all times; and (d) if there is any dispute between a Subscriber and an Invited User regarding access, the Subscriber shall decide.

4. Your Obligations

4.1 Payment obligations

(a) All fees are charged via our secure payment processor. You will be required to register a valid credit card or debit card for automatic billing.

(b) Unless stipulated otherwise in your Proposal, Fees are billed in advance on a monthly basis. The billing period applies to each calendar month. Pro-rata billing applies for the first month of service only; thereafter, there is no pro-rata billing. Downgrades take effect from the next billing cycle. Fees are non-refundable and no credits will be granted for months unused with an open account. Marketing Credits are pre-paid and are non-refundable. Disabling or deleting user accounts within the Service does not reduce your Fees or entitle you to a credit. To adjust your subscription, you must notify Rex Group in writing via the relevant support email address in clause 20.8.

(c) Fees will not be subject to review during the initial Fixed Term. Following expiry of the initial Fixed Term, Fees are subject to annual review and may be adjusted accordingly. Written notice of any adjusted fees will be provided at least 30 days in advance.

(d) Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, including Goods and Services Tax (GST) in Australia and Value Added Tax (VAT) in the United Kingdom. You shall be responsible for payment of all such taxes, levies, or duties.

(e) For any upgrades or downgrades in plan level, your chosen payment method will automatically be charged the new rate on your next billing cycle. Downgrading may cause the loss of content, features, or capacity. Rex Group does not accept any liability for such loss.

(f) Rex Group reserves the right to suspend or terminate your use of the Service in the event that any invoices for Fees are not paid in full by the due date for payment. Any overdue invoices will have interest of 15% per annum charged. You are responsible for payment of all bank charges, taxes (including GST or VAT as applicable) and duties in addition to the fees payable, including any dishonour fees.

4.2 General obligations

You must only use the Services for your own lawful internal business purposes, in accordance with these Terms and any notice sent by Rex Group.

4.3 General obligations

You must ensure that all usernames and passwords required to access the Services are kept secure and confidential. Each username and password combination may only be used by one person. You are responsible for all content posted and activity that occurs under your account.

You must not: (a) attempt to undermine the security or integrity of Rex Group’s computing systems; (b) use or misuse the Services in any way which may impair functionality; (c) attempt to gain unauthorised access; (d) transmit or input damaging files, offensive content, or material in violation of any law; or (e) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services.

4.4 Usage limitations

Use of a Service may be subject to limitations, including monthly access volumes and API call limits, as specified in your Proposal.

4.5 Communication conditions

If you use any communication tools available through the Services, you agree only to use them for lawful and legitimate purposes. Rex Group reserves the right to remove any communication at any time.

4.6 Trust Accounting conditions

When accessing Trust Accounting features, you must: (a) administer and monitor use consistently with regulatory obligations and industry standards; and (b) maintain records, backups and hard copies as required by regulatory obligations and industry standards.

4.7 Reasonable Use Policy

Your use of any AI-powered features of the Services (including Rex AI and Rex AI+) is subject to a reasonable use policy. Rex Group reserves the right to monitor usage and, where deemed excessive: (a) notify you; (b) throttle or cap access; or (c) offer an upgraded subscription tier. Rex Group will publish reasonable use thresholds on the relevant Website.

5. Confidentiality

Each party will preserve the confidentiality of all Confidential Information obtained in connection with these Terms. Obligations survive termination. Exceptions apply for publicly available information, third party disclosures without restriction, information already in possession, or independently developed information.

6. Privacy

6.1 The rights and obligations in respect of personal information are set out in the Privacy Policy. You will be taken to have accepted the Privacy Policy when you accept these Terms.

6.2 You agree that each individual whose personal information is entered has given explicit consent, and that you will notify us within five (5) days of any data subject request via email to the relevant contact email address listed in the Privacy Policy. We will respond within thirty (30) calendar days.

6.3 If you are resident in the United Kingdom, the UK Data Processing terms in the Privacy Policy apply.

7. Intellectual Property and Data

7.1 All Intellectual Property Rights in the Services remain the property of Rex Group (or its licensors).

7.2 All Intellectual Property Rights in the Data remain your property. Access is contingent on full payment of Fees. You grant Rex Group a licence to use, copy, transmit, store and back-up your Data solely for the purposes of providing, operating, maintaining, and improving the Services provided to you under your Contract, during the term of the Contract and for a reasonable period thereafter to wind down processing. To the extent that Data constitutes personal information or personal data, the licence granted under this clause 7.2 is subject to, and does not override, the Privacy Policy.

7.2A Rex Group may use anonymised, aggregated data derived from your use of the Services (where no individual customer, agency or person is identifiable) for product development, benchmarking, and AI model training. This right survives termination or expiry of your Contract.

7.3 You must maintain copies of all Data. Rex Group expressly excludes liability for any loss of Data.

7.4 If you enable third-party applications, Rex Group may allow providers to access your Data as required for interoperation. Rex Group is not responsible for any disclosure, modification or deletion resulting from such access.

7.5 If your use involves Rex Group hosting of Data, you must extract all Data before termination. Rex Group reserves the right to delete Data upon termination.

7.6 The Services are hosted on Google Cloud Platform. For Australian customers, Data is stored in Australian data centres unless otherwise agreed. For United Kingdom customers, Data is primarily stored in data centres located in the European Economic Area or the United Kingdom. Data may also be stored or processed in other jurisdictions (including Australia) where appropriate safeguards are in place, including the UK International Data Transfer Agreement (IDTA) or the UK Addendum to the EU Standard Contractual Clauses, as applicable. Further details about international data transfers are set out in the Privacy Policy.

8. Warranties and Acknowledgements

You warrant that you have authority to agree to these Terms on behalf of any person for whom you use the Service. You acknowledge that the Services are provided "as is", Rex Group does not warrant uninterrupted or error-free use, it is your responsibility to determine suitability, and you remain responsible for complying with all applicable laws.

9. No Warranties

Rex Group gives no warranty in relation to the Services. All implied conditions or warranties are excluded to the extent permitted by law. Rex Group does not provide property management services, financial services advice, tax advice or other professional advice except as specifically provided in a Proposal.

10. Consumer Rights

You warrant that you are acquiring the Services for business purposes and that statutory consumer guarantees do not apply to the maximum extent permitted by law.

11. Limitation of Liability

(a) To the maximum extent permitted by law, Rex Group excludes all liability for any loss or damage resulting from any use of, or reliance on, the Service or Website.

(b) Any claim arising from Rex Group’s negligence or failure will be limited to the fees actually paid by you in the previous 6 months.

(c) If you are not satisfied, your sole remedy is to terminate in accordance with clause 13.

12. Indemnity

You indemnify Rex Group against all claims, costs, damages and losses arising from your breach of these Terms, including costs relating to the recovery of unpaid Fees.

12A. Non-solicitation

Where Rex Group provides managed services to you (including Rex RealTrust services), you must not, during the term of your Contract and for twelve (12) months after its termination or expiry, directly or indirectly solicit or recruit any Rex Group employee, contractor or agent who was involved in providing those services to you. This restriction does not apply where the individual responds to a bona fide public advertisement not targeted at Rex Group personnel. Breach of this clause entitles Rex Group to liquidated damages equal to twelve (12) months of the applicable service fees, without limiting any other available remedy.

13. Termination

13.1 Rex Group will not provide any refund of prepaid Fees for prepaid subscriptions.

13.2 Following expiry of the Fixed Term, unless your Proposal specifies otherwise, these Terms will continue on a rolling monthly basis until terminated by either party giving written notice of at least 30 days (or such longer period as specified in your Proposal).

13.3 If you terminate prior to the expiry of the Fixed Term, you agree to pay liquidated damages as stipulated in your Proposal. You acknowledge that such amounts are not a penalty and represent a genuine pre-estimate of loss.

14. Breach

If you breach any of these Terms and do not remedy within 7 days (if capable of remedy), or the breach is not capable of being remedied, or you become insolvent, Rex Group may terminate or suspend your use of the Services and access to Data.

15. Accrued Rights

Termination is without prejudice to accrued rights. On termination you remain liable for accrued charges and must immediately cease to use the Services.

16. Expiry or Termination

Clauses 5, 6, 7, 11, 12, 12A, 13, 15, this clause 16 and clause 20 survive expiry or termination.

17. Technical Problems

You must make all reasonable efforts to investigate and diagnose problems before contacting Rex Group.

18. Service Availability

Rex Group intends the platform and infrastructure supporting the Services to be available 24/7. Rex Group will use reasonable endeavours to publish advance details of any planned interruptions. Where a Service includes managed or staffed components, the hours of service delivery are as specified in the relevant Proposal.

19. Force Majeure

Neither party shall be liable for delay or failure to perform (other than payment) due to Force Majeure. If Force Majeure exceeds sixty (60) days, either party may immediately terminate.

20. General Provisions

20.1 These Terms supersede all prior agreements and constitute the entire agreement.

20.2 The relationship of the parties is principal and independent contractor.

20.3 No waiver will be effective unless made in writing.

20.4 You may not assign or transfer any rights without Rex Group’s prior written consent.

20.5 If any part is invalid, it is replaced with a provision accomplishing the original purpose.

20.6 No third party has any right to benefit under or enforce any term.

20.7 (a) If you reside in Australia, the laws of Queensland govern and you submit to Queensland courts. (b) If you reside in the United Kingdom, the laws of England and Wales govern and you submit to those courts.

20.8 Notices to Rex Group: support@rexsoftware.com (Rex); support@cirrus8.com.au (Cirrus8/RealTrust). For privacy-related enquiries and data subject requests, use the contact email addresses set out in the Privacy Policy. Notices to you: the email address provided when setting up access.

These Terms were last updated on March 2026.

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