Terms of service

These terms are an agreement between you and Avocado Pty Ltd (ACN 652 199 687, "Avocado", "we") for the use of EzyBiz and EzyBiz Lex (the "Service"). By creating an account or using the Service you accept them. If you are accepting on behalf of a firm, you confirm you have authority to do so, and "you" includes the firm.

1. The Service

The Service provides a business phone number, call handling and routing, an automated answering service, SMS, bookings, call summaries and transcripts, contact records, and integrations that file records to practice management systems and SharePoint. Features vary by plan and some, including Smokeball and Clio filing, are made available to firms progressively during the pilot.

2. Eligibility

You must be at least 18, operate a business in Australia, and hold a valid Google or Microsoft account to sign in. The Service is provided to businesses, not consumers, although the Australian Consumer Law applies where it cannot be excluded.

3. Subscriptions and billing

Subscriptions are purchased and billed through the Apple App Store or Google Play and renew automatically until cancelled through the store's subscription settings. Prices are shown in the app and on our website in Australian dollars. Founding pilot firms have their price held for twelve months from the start of their subscription. Refunds are handled under the store's policies, except that a founding pilot firm may end its subscription within sixty days of going live if the Service has not answered a call the firm would otherwise have missed, in which case no further amount is payable.

4. Numbers

Numbers allocated to you are Australian numbers provided through our carrier partner. You may port a number in, and you may port a number allocated to you out, subject to the carrier's porting rules and any outstanding amounts. Numbers on a cancelled account are released after a holding period.

5. Your obligations

You must provide accurate information, keep your sign-in details secure, and use the Service in accordance with our acceptable use policy. You are responsible for the instructions you give the answering service, for ensuring they are lawful and accurate, and for the conduct of everyone you allow to use your account. When sending SMS you must comply with the Spam Act 2003 (Cth). You must hold and maintain any consents required for the Service to answer, transcribe and record calls on your number, including under the surveillance and listening devices laws of the states and territories where your callers are located.

6. The answering service

The answering service is automated. It is designed not to give legal advice, not to confirm whether any person is a client, and not to disclose matter information to unverified callers. It follows the configuration you provide, but it is software and can make mistakes, mishear, or misunderstand. You are responsible for reviewing summaries and transcripts and for any action taken on them. The Service is not a substitute for professional judgement and does not create a lawyer-client relationship between Avocado and any caller.

7. Integrations

When you connect Smokeball, Clio or SharePoint you authorise us to read contacts and matters and to write records to your account there, as described on the integrations page and in the app's settings. Your use of those systems is governed by your agreement with their providers. We are not responsible for their availability or for changes they make to their services.

8. Privacy

Our privacy policy explains how we handle personal information and forms part of these terms. You are the controller of the records the Service files to your own systems.

9. Intellectual property

We own the Service and its software. You own the content of your calls, messages and records, and you grant us a licence to process that content to provide the Service. We may use aggregated, de-identified information to improve the Service.

10. Availability

We aim for the Service to be available at all times, but it depends on telephone carriers, cloud infrastructure and third-party providers, and we do not guarantee uninterrupted operation. We will tell you about planned maintenance where we can.

11. Liability

To the extent the law allows, the Service is provided as is, we exclude all warranties not expressly stated, and our total liability to you for all claims in any twelve-month period is limited to the subscription fees you paid to us in that period. We are not liable for indirect or consequential loss, loss of profit, or loss arising from a missed, dropped, misrouted or mistranscribed call. Where the Australian Consumer Law implies a guarantee that cannot be excluded, our liability is limited, where permitted, to resupplying the Service or paying the cost of resupply.

12. Suspension and termination

You may cancel at any time through the app store. We may suspend or end your access if you breach these terms or the acceptable use policy, if required by law or a carrier, or if we discontinue the Service, in which case we will give reasonable notice and a pro-rata refund of any prepaid period. On termination your data is deleted as described in the privacy policy.

13. Changes

We may update these terms. We will post the new version here and, for material changes, notify you in the app at least 14 days before they take effect. Continued use after that date is acceptance.

14. General

These terms are governed by the laws of Victoria, Australia, and the courts of Victoria have jurisdiction. If any part is unenforceable the rest continues. These terms, the privacy policy and the acceptable use policy are the whole agreement between us for the Service.

15. Contact

Avocado Pty Ltd, Melbourne, Australia. Email hello@avocadodigital.com.au.