Terms & Conditions

1. About OpenXpress

OpenXpress is operated by VIBECODEIT PTY LTD (ABN 40 696 049 626), an Australian proprietary limited company trading as OpenXpress(“OpenXpress”, “we”, “us”, “our”). We are a data and technology company. We are not licensed real estate agents and we do not provide real estate advice, property valuations, or financial advice. We do not act as an intermediary in the sale, purchase, or lease of property.

2. Acceptance & eligibility

By accessing the Platform, completing a survey, creating an account, or otherwise using our services, you agree to these Terms. You must be at least 18 years old. If you are using the Platform on behalf of an organisation (e.g. a real estate agency), you warrant that you have authority to bind that organisation to these Terms.

3. Definitions

• Buyer — a person who completes an OpenXpress survey for an open home.
• Agent — a real estate professional who holds an OpenXpress account.
• Platform — the OpenXpress website at openxpress.app and related services.
• Affiliated Partner — a real estate agent, mortgage broker, conveyancer, building inspector, or property-services provider that has entered into a written agreement with OpenXpress.
• Vendor — a property owner who engages OpenXpress (directly or via an Affiliated Partner) for a marketing campaign.
• Aggregated Data — survey data that has been aggregated and de-identified so individuals are not reasonably re-identifiable.
• Buyer Personal Information — Personal Information about a Buyer, including any contact details, comments, and offer details they provide.
• Personal Information — has the meaning given by the Privacy Act 1988 (Cth).

4. The service

OpenXpress provides software that allows Agents to create open-home surveys, collect Buyer feedback through QR codes and shareable links, generate reports and AI-powered summaries, and communicate with attendees. The Platform also runs campaigns and lead-referral products described in section 9.

5. Free service & how we fund it

OpenXpress is currently free for Agents to use. Our business model is built on:

• Aggregated, de-identified market-insight products that we publish, license, or sell to industry participants, researchers, media, and the public.
• Vendor Campaigns — paid email campaigns to opted-in Buyer audiences (see section 9).
• Lead-referral fees — commissions or referral fees from Affiliated Partners when Buyers we have introduced go on to transact (see section 9).
• Optional paid Agent products we may offer in future.

We may change our pricing model at any time, with reasonable notice for paid features. Free features may be modified, limited, or discontinued at our discretion.

Section A — Buyer Terms

This Section A applies to anyone who completes an OpenXpress survey, with or without providing contact details.

A1. Voluntary participation

Completing a survey is voluntary. You may decline any question other than the small number marked as required. You may also leave the survey at any time before submitting; an unsubmitted survey is not stored against you.

A2. Truthfulness

You agree to provide truthful information. Submitting an offer or expression of interest with the deliberate intention of misleading the Agent or the Vendor is prohibited and may be unlawful.

A3. Communications you may receive

If you provide an email address, we may send you:

• Transactional messages — confirmations of actions you take on the Platform (e.g. an offer submission), and a reasonable number of follow-up messages from the conducting Agent for the property you attended.
• Marketing messages (only if you opt in) — property opportunities, off-market and pre-market listings, Vendor Campaign properties, partner offers, and market-insight content from OpenXpress and our Affiliated Partners.

Opt-in is granular and revocable. Every marketing email contains a one-click unsubscribe link, or you can manage preferences at /unsubscribe. You can also email us to be removed from all communications.

A4. How OpenXpress uses your data

By submitting a survey, you acknowledge and agree that OpenXpress may:

• Share your individual response with the Agent who created the open home.
• Use your response, in combination with other Buyer responses, to create Aggregated Data products as described in section 8.
• If you opt in, send you (or arrange for our Affiliated Partners to send you, on our behalf) the marketing communications described in A3.
• Retain and process your data as described in our Privacy Policy.

A5. How your data is shared

OpenXpress does not sell or rent your personal information as a dataset. However, if you opt in to property opportunities (A3), we will actively use your contact details to send you marketing communications and may introduce you to Affiliated Partner agents when you express interest in a specific property or opportunity. See section 9 for full details on Vendor Campaigns and lead-referral products.

A6. Aggregated insights

Even if you decline marketing, your survey data — once aggregated and de-identified — contributes to OpenXpress market-insight products (e.g. average price opinion by suburb, buyer-sentiment trends, most-loved property features). Aggregated outputs never include your name, email, phone, or comments. This use is a primary purpose of the Platform and is disclosed to you at the point of collection.

A7. No financial or legal advice

Information shown to Buyers on the Platform — including suggested price ranges, comparable activity, AI summaries, or tips — is general information only. It is not financial advice, legal advice, or a property valuation. Always seek your own professional advice before making a buying decision.

A8. Your rights

You have rights to access, correct, and delete your Personal Information, and to withdraw consent at any time. See sections 5 and 16 of our Privacy Policy.

Section B — Agent Terms

This Section B applies to anyone who creates or maintains an OpenXpress Agent account.

B1. Account & eligibility

You must be a real estate professional with the authority to market the properties for which you create open homes. You must provide accurate account information and keep it up to date. You are responsible for the security of your password and for all activity on your account.

B2. Authority over properties

You warrant that, for every open home you create, you (or your agency) have the Vendor's authority to market the property and to collect Buyer information at the inspection. OpenXpress will not contact Vendors directly on your behalf.

B3. Buyer data — your obligations as recipient

Through your dashboard you will receive Buyer Personal Information. You are responsible for handling this information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Spam Act 2003 (Cth), and any applicable real estate industry codes. In particular, you agree:

• To use Buyer Personal Information only for follow-up on the relevant property and on properties materially similar to the one the Buyer attended.
• Not to add Buyer details to a generic marketing list, third-party CRM, or external mailing list in a way that exceeds the Buyer's reasonable expectations.
• Not to share Buyer Personal Information with other agencies, brokers, or competitors without the Buyer's express consent.
• To honour any unsubscribe or opt-out request the Buyer makes to you.
• To delete or anonymise Buyer Personal Information when no longer needed for the purpose for which it was collected.

B4. OpenXpress’s data rights

You acknowledge and agree that:

• Aggregated Data derived from surveys you create remains the property of OpenXpress and may be used, published, licensed, or sold by us as described in section 8.
• Where a Buyer opts in to OpenXpress marketing, the marketing relationship is between OpenXpress and the Buyer — not between you and the Buyer. OpenXpress may communicate with that Buyer about properties listed by other agents, including via Vendor Campaigns and lead-referral products (section 9).
• OpenXpress may use Buyer Personal Information for any purpose to which the Buyer has consented under our Privacy Policy, regardless of whether the Buyer originally entered the Platform through your open home.

B5. Compliance with law

You will comply with all applicable laws and codes when using the Platform, including (without limitation) the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Spam Act 2003 (Cth), the Australian Consumer Law, the relevant state or territory Real Estate Agents Act, and any applicable Real Estate Institute code of practice.

B6. Prohibited use

You will not, and will not permit any third party to:

• Scrape, bulk-export, or programmatically extract Buyer data beyond the export tools we provide.
• Use Buyer data to build a competing product, dataset, or list.
• Sell, rent, or sub-license Buyer Personal Information to any third party.
• Submit fraudulent open homes or fake Buyer responses.
• Misrepresent your authority over a property or agency.
• Interfere with the operation of the Platform or attempt to circumvent its security or rate-limits.

B7. Account suspension & termination

We may suspend or terminate your account at any time for breach of these Terms, suspected misuse, fraudulent activity, non-payment of fees, or extended inactivity. On termination, your access to the dashboard ends; your Aggregated Data contributions may continue to be used. Sections 8, 11, 12, 13, and 14 survive termination.

8. OpenXpress data rights (Aggregated Data)

All Aggregated Data — including statistical, behavioural, and trend data derived from Buyer surveys, Agent activity, and Platform usage — is the exclusive property of OpenXpress. We may, without further notice or compensation:

• Publish reports, dashboards, indices, and visualisations showing market health, price-opinion trends, buyer sentiment, and trending suburbs by region, state, or country.
• License Aggregated Data to media, researchers, financial institutions, government, and Affiliated Partners.
• Build internal analytics, machine-learning models, AI products, and benchmarking tools.
• Combine Aggregated Data with third-party data sources to enrich insights.
• Use Aggregated Data for marketing and product-development purposes.

Aggregated Data never includes a Buyer's name, email, phone, free-text comments, individual offer amount, or any other field that could reasonably re-identify a person. Aggregations are produced at a granularity sufficient to prevent re-identification.

9. Vendor Campaigns & lead-referral products

OpenXpress operates two paid commercial products that draw on the Platform's Buyer audience:

• Vendor Campaigns — a Vendor (or an agent acting on behalf of a Vendor) may purchase a campaign that targets opted-in Buyers in a relevant area with a property opportunity. OpenXpress remains the sender of every campaign email. Vendors do not receive Buyer contact details from us; only Buyers who reply or engage establish a direct connection.
• Warm-lead referrals — when a Buyer expresses interest in a campaign property, a particular suburb, or a particular property type, OpenXpress may introduce that Buyer to an Affiliated Partner agent. We disclose Buyer contact details only after the Buyer has affirmatively asked to be introduced. We may earn a referral fee or commission from the Affiliated Partner if a transaction results.

These products are operated under the consent framework set out in our Privacy Policy. Buyers can opt out of the underlying marketing at any time via /unsubscribe.

10. Intellectual property

The Platform, its software, design, content, and the OpenXpress brand are owned by VIBECODEIT PTY LTD or licensed to us. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform for its intended purpose, subject to these Terms. You may not copy, modify, reverse-engineer, or create derivative works from the Platform.

11. Disclaimers

To the maximum extent permitted by law, the Platform is provided “as is” and “as available”. We do not warrant that the Platform will be uninterrupted, error-free, or secure. Price opinions submitted by Buyers, AI summaries, and market insights are general information only and are not property valuations or financial advice.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law that cannot lawfully be excluded.

12. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or the Platform is limited to the greater of (a) AUD $100; or (b) the fees you have paid us in the 12 months immediately before the event giving rise to the claim. We are not liable for any indirect, special, incidental, consequential, or exemplary damages, or for loss of profit, revenue, business, goodwill, data, or anticipated savings.

13. Indemnity (Agents only)

You (as an Agent) indemnify OpenXpress against any claim, loss, liability, cost, or expense (including legal fees on a solicitor-client basis) arising from: (a) your breach of these Terms; (b) your handling of Buyer Personal Information after it leaves the Platform; (c) your representations to Vendors or Buyers; or (d) any allegation that an open home you created on the Platform was unauthorised.

14. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top of this page reflects the most recent version. For material changes, we will provide reasonable advance notice (e.g. via email or an in-Platform banner). Your continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

15. Governing law & jurisdiction

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia exercising jurisdiction in Victoria.

16. General

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect. A failure or delay by us to exercise any right under these Terms is not a waiver of that right. These Terms, together with our Privacy Policy, constitute the entire agreement between you and OpenXpress with respect to the Platform and supersede any prior agreements or understandings.

17. Contact

VIBECODEIT PTY LTD t/a OpenXpress
ABN 40 696 049 626
Email: josh@jblventures.com.au