Terms of Service

These Terms of Service govern access to and use of TomoBroker. By creating an account, accessing TomoBroker, using any TomoBroker feature, or accepting an order form or subscription, you agree to these Terms on behalf of the brokerage or other entity you represent.

TomoBroker provides white-label software for brokerages, including lead capture, client qualification, client engagement, fact-find, document collection, solution research, automation, AI-assisted workflows, and partner or referral network experiences.

TomoBroker is a technology provider. TomoBroker does not act as a broker, credit provider, lender, insurer, financial adviser, mortgage manager, aggregator, provider, settlement agent, or legal adviser.

In these Terms, brokerage means a broker business that subscribes to or uses TomoBroker. User means a broker, employee, contractor, administrator, or other person authorised by a brokerage to access TomoBroker. Client means the person or business that the brokerage serves. Partner means a referral, settlement, integration, service, provider, or other business partner connected with a brokerage's use of TomoBroker.

The brokerage remains solely responsible for its professional, legal, regulatory, licensing, disclosure, conduct, and compliance obligations. TomoBroker helps brokerages operate; it does not replace broker judgement or regulatory accountability.

• Hold and maintain any required Australian credit licence, authorised credit representative status, Australian financial services licence, aggregator appointment, industry membership, or other authority;
• Comply with responsible lending, Best Interests Duty, conflicts management, disclosure, record-keeping, privacy, spam, telemarketing, consumer law, and financial services obligations;
• Determine whether an option is suitable or appropriate for a client and review all recommendations, communications, submissions, and advice before they are relied on or sent;
• Obtain all required client notices, consents, and authorisations for the brokerage's workflows, including document collection, call recording, transcription, automated messaging, and partner disclosures; and
• Ensure information entered into TomoBroker is accurate, complete, current, and lawfully collected.

Brokerages are responsible for all activity under their account and for managing user access. Users must keep login details secure, use appropriate access controls, and promptly notify us of suspected unauthorised access or security incidents.

We may suspend or restrict access if we reasonably believe an account has been compromised, is being misused, or creates legal, security, operational, or reputational risk.

TomoBroker may allow brokerages to deploy client-facing experiences under the brokerage's own brand, including forms, calculators, chat interfaces, portals, document upload flows, and partner-branded pages. The brokerage is responsible for the client relationship and for brokerage-controlled content, disclosures, consents, notices, and representations.

Brokerages must not represent that TomoBroker is providing regulated advice, making credit decisions, acting as a provider, or directly servicing a client unless we have expressly agreed in writing.

Some TomoBroker features may use automation, artificial intelligence, machine learning, speech-to-text, text-to-speech, voice agents, chatbots, or automated messaging. These features are designed to assist brokerage workflows and may produce outputs that are incomplete, inaccurate, outdated, or inappropriate.

• Review AI-generated outputs before relying on them for advice, recommendations, applications, or provider-facing purposes;
• Ensure automated communications comply with spam, consent, telemarketing, privacy, call recording, and other applicable laws;
• Obtain any required consent before recording, transcribing, analysing, or using voice calls or conversations; and
• Provide appropriate human supervision and escalation paths for automated interactions.

TomoBroker does not guarantee that AI or automation outputs are accurate, compliant, complete, suitable, or fit for a particular client outcome.

Brokerages are responsible for ensuring that all client personal information, credit information, sensitive information, documents, recordings, transcripts, and other data provided to TomoBroker are collected, used, disclosed, and retained lawfully.

Where TomoBroker processes client data for a brokerage, TomoBroker does so as a service provider to that brokerage and in accordance with these Terms, our Privacy Policy, and applicable subscription documentation.

Brokerages must not use TomoBroker to collect, request, access, store, disclose, or process credit reporting information unless they have a lawful basis, required client consent, and appropriate compliance processes under the Privacy Act 1988 (Cth), the Australian Privacy Principles, Part IIIA of the Privacy Act, the Credit Reporting Code, and any other applicable rules.

TomoBroker may integrate with third-party services, including CRMs, payment processors, communications providers, analytics providers, document services, identity providers, credit-related services, provider systems, settlement partners, and referral partner tools. Third-party services may have their own terms, fees, privacy policies, service levels, and security practices.

Brokerages are responsible for authorising integrations, configuring permissions, and ensuring they have the right to disclose data to and receive data from partners and third-party services.

Access to paid features, add-ons, usage limits, support levels, and other inclusions will be set out in the relevant plan, checkout page, order form, or subscription documentation. Unless stated otherwise, fees are payable in Australian dollars, exclusive of GST and other applicable taxes, and renew automatically for the selected billing period until cancelled.

Usage-based fees, overages, and add-ons may be charged where applicable. Fees are non-refundable except where required by law or expressly stated in writing. We may change plan features, fees, limits, or billing terms by giving reasonable notice unless a faster change is required for legal, security, operational, or third-party cost reasons.

You must not use TomoBroker to:

• Breach any law, regulation, licence condition, industry code, or third-party right;
• Provide services you are not licensed or authorised to provide, or mislead clients, partners, providers, or regulators;
• Collect personal information without proper notice or consent, send unlawful marketing, or use automation for deceptive or harmful purposes;
• Scrape, reverse engineer, attack, overload, probe, disrupt, or attempt to access another brokerage's data;
• Introduce malware, bypass security, billing, usage limits, or access controls; or
• Use TomoBroker to train competing systems or build a competing service.

TomoBroker uses technical and organisational measures designed to protect brokerage and client data. No system is completely secure or uninterrupted. Brokerages are responsible for their own devices, networks, browsers, staff practices, integrations, and access controls.

After termination or expiry, we may retain brokerage data for a limited period to allow export, reactivation, dispute handling, security, backup, legal, tax, audit, and compliance purposes. After that period, we may delete or de-identify data unless we are required or permitted to retain it by law.

TomoBroker, its software, designs, workflows, documentation, templates, algorithms, AI configurations, interfaces, branding, and platform content are owned by TomoBroker or its licensors. Brokerages retain ownership of their business data, client data, branding, and content they upload.

You grant TomoBroker a licence to host, process, transmit, display, copy, and use brokerage data as reasonably necessary to provide, secure, maintain, improve, support, and operate TomoBroker. Each party must protect confidential information using reasonable care and use it only for the purposes of the relationship.

To the maximum extent permitted by law, TomoBroker is provided on an “as is” and “as available” basis. We do not warrant that TomoBroker will meet every brokerage requirement, that outputs will be accurate, complete, current, compliant, or suitable, or that provider, option, rate, eligibility, policy, matching, AI, or integration data will always be complete or current.

To the maximum extent permitted by law, TomoBroker is not liable for indirect, consequential, special, exemplary, punitive, or loss-of-profit damages, loss of revenue, loss of goodwill, loss of opportunity, loss of data, business interruption, or regulatory penalties arising from use of TomoBroker. Nothing in these Terms excludes rights that cannot be excluded under the Australian Consumer Law or other applicable law.

Brokerages indemnify TomoBroker against claims, losses, liabilities, costs, and expenses arising from brokerage misuse, breach of these Terms, breach of applicable law, client, partner, provider, or regulator claims relating to the brokerage's services, inaccurate or unauthorised data supplied by the brokerage, or brokerage-controlled client-facing content, recommendations, or communications.

We may suspend or terminate access if fees are overdue, you breach these Terms, continued access creates legal, security, operational, or reputational risk, we are required to do so by law, or your account is inactive, compromised, or misused. Brokerages may cancel subscriptions in accordance with the applicable plan or subscription process.

These Terms are governed by the laws of Queensland, Australia. The parties submit to the courts of Queensland and the Commonwealth courts of Australia.

For support, legal notices, privacy matters, or security enquiries, contact TomoBroker at legal@tomobroker.com.au.