Terms of Service

Last Updated: December 2024

1. Introduction and Agreement

These Terms of Service ("Terms") govern your use of EzyBiz, an AI-powered business receptionist mobile application operated by Avocado Pty Ltd (ACN 652 199 687) ("we", "us", "our", "EzyBiz").

By downloading, accessing, or using EzyBiz, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our service.

Please also review our Privacy Policy and Acceptable Use Policy, which are incorporated into these Terms by reference.

1.1 Definitions

• "Service" means the EzyBiz mobile application and all related services
• "User", "you", "your" means any person who accesses or uses the Service
• "Subscriber" means a User with an active paid subscription
• "Content" means any data, text, or information you submit to the Service
• "AI Agent" means the artificial intelligence receptionist that handles calls on your behalf

2. Service Description

EzyBiz provides an AI-powered virtual receptionist service that includes:

• Phone Number Provisioning: A dedicated Australian business phone number
• AI Call Handling: Automated answering of incoming calls by an AI agent
• Outbound Calling: Make calls from your business number using the in-app dialer
• Call Routing: Transfer of calls to your personal phone when requested
• SMS Management: Sending and receiving text messages through your business number
• Contact Management: Storage and organisation of business contacts
• Call History: Records of calls including transcripts and summaries
• Push Notifications: Real-time alerts for incoming calls and messages

3. Eligibility and Account Requirements

3.1 Eligibility

To use EzyBiz, you must:

• Be at least 18 years of age
• Be an Australian resident or operate an Australian business
• Have a valid Google or Microsoft account for authentication
• Have a valid Australian mobile phone number for verification
• Have the legal authority to bind yourself or your business to these Terms

3.2 Account Responsibilities

You are responsible for:

• Providing accurate and complete account information
• Maintaining the security of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access
• Ensuring your knowledge base content is accurate and lawful

4. Subscription and Billing

4.1 Subscription Plans

EzyBiz offers the following subscription tiers:

• Starter: Basic features with limited call minutes
• Pro: Enhanced features with increased call minutes
• Business: Full features with maximum call minutes

Current pricing and feature details are available within the app and on our website.

4.2 Billing

• Subscriptions are billed through the Apple App Store or Google Play Store
• Payment is processed by RevenueCat on behalf of the respective app store
• Subscriptions automatically renew unless cancelled before the renewal date
• You can manage your subscription through your device's app store settings

4.3 Free Trial

We may offer free trial periods at our discretion. At the end of a trial, your subscription will automatically begin unless cancelled.

4.4 Refunds

Refund requests are handled according to the policies of the Apple App Store or Google Play Store. We do not process refunds directly.

4.5 Price Changes

We may change subscription prices with at least 30 days notice. Price changes will apply to your next renewal period.

5. User Responsibilities

You agree to:

• Use the Service only for lawful purposes
• Comply with our Acceptable Use Policy
• Provide accurate business information in your knowledge base
• Ensure your AI agent's responses comply with applicable laws
• Not use the Service for spam, harassment, or fraudulent activities
• Comply with the Australian Spam Act 2003 when sending SMS
• Obtain appropriate consent before contacting individuals
• Not impersonate others or misrepresent your business

6. Intellectual Property

6.1 Our Intellectual Property

EzyBiz, including its software, AI technology, design, and branding, is owned by Avocado Pty Ltd. You receive a limited, non-exclusive, non-transferable licence to use the Service during your subscription.

6.2 Your Content

You retain ownership of the content you submit to EzyBiz, including your knowledge base text and business information. By submitting content, you grant us a licence to use it to provide the Service, including processing by our AI systems.

6.3 Feedback

Any feedback or suggestions you provide about the Service may be used by us without obligation to you.

7. Third-Party Services

EzyBiz integrates with third-party services to provide its functionality:

• Twilio: Phone number provisioning, call handling, and SMS
• RetellAI: AI voice agent technology
• Firebase: Authentication and data storage
• RevenueCat: Subscription management

Your use of the Service is also subject to the terms and policies of these third-party providers. We are not responsible for the availability or performance of third-party services.

8. Limitation of Liability

8.1 Service Provided "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not guarantee:

• Uninterrupted or error-free service
• That the AI agent will respond appropriately in all situations
• That calls or messages will be delivered successfully
• The accuracy of call transcriptions

8.2 Liability Cap

To the maximum extent permitted by law, our total liability for any claims arising from your use of the Service is limited to the subscription fees you paid in the 12 months preceding the claim.

8.3 Exclusion of Damages

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Lost profits or revenue
• Lost business opportunities
• Loss of data
• Reputational damage

8.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted, or modified.

9. Indemnification

You agree to indemnify and hold harmless Avocado Pty Ltd, its directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• The content you submit to the Service
• Your breach of applicable laws

10. Termination

10.1 Your Right to Cancel

You may cancel your subscription at any time through your device's app store settings. Cancellation takes effect at the end of the current billing period.

10.2 Our Right to Terminate

We may suspend or terminate your access to the Service immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Fail to pay subscription fees
• Abuse the Service or our support systems

10.3 Effect of Termination

Upon termination:

• Your right to use the Service ends immediately
• Your phone number will be released and may be reassigned
• Your data will be retained for 30 days, then deleted
• You may request a copy of your data before deletion

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us to attempt informal resolution of any dispute.

11.2 Governing Law

These Terms are governed by the laws of New South Wales, Australia.

11.3 Jurisdiction

Any disputes arising from these Terms will be resolved in the courts of New South Wales, Australia. You submit to the non-exclusive jurisdiction of those courts.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Avocado Pty Ltd regarding the Service.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.

12.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

12.4 Assignment

You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

12.5 Changes to Terms

We may modify these Terms at any time. Material changes will be notified through the app or by email. Continued use after changes constitutes acceptance.

13. Contact Us

For questions about these Terms of Service, please contact us:

Avocado Pty Ltd
ACN: 652 199 687
Email: hello@avocadodigital.com.au
Website: avocadodigital.com.au