The rules of engagement for our bespoke work and our four products
Last Updated: July 2026
These Terms of Service ("Terms") govern your access to and use of the websites, mobile applications, software products, and professional services (collectively, the "Services") provided by Avocado Pty Ltd (ACN 652 199 687) ("Avocado", "we", "us", "our"), a Melbourne-based software studio.
By accessing our Services, creating an account, or engaging us to deliver bespoke work, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.
You accept these Terms when you do any of the following:
If you do not agree to these Terms, do not use the Services.
Avocado designs and builds custom software for Australian small and mid-sized businesses. Bespoke engagements are scoped through a written Statement of Work ("SOW") or engagement letter, which will describe deliverables, milestones, timeline, and fees. Where an SOW conflicts with these Terms, the SOW prevails for that engagement.
We currently operate four products, each with its own product-specific documentation:
Product-specific terms, acceptable use rules, and pricing are published within each product and form part of these Terms in respect of that product.
To use most of our Services you must register for an account. When you do, you agree to:
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account.
You agree not to use the Services to:
We reserve the right to suspend or terminate accounts that we reasonably believe have breached this section.
All right, title, and interest in and to the Services, including the source code, designs, trademarks, and documentation of SocialReels, EzyBiz LEX, CallConcierge, and Claudette, remain the exclusive property of Avocado Pty Ltd and our licensors. Nothing in these Terms transfers ownership of that intellectual property to you.
You retain ownership of the content you upload to the Services ("Customer Content"). You grant Avocado a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display Customer Content solely to the extent necessary to provide the Services to you.
Ownership of deliverables produced under a bespoke engagement is governed by the applicable SOW. Unless the SOW says otherwise, Avocado retains ownership of pre-existing tools, libraries, and frameworks it uses to produce the deliverables, and grants the client a perpetual, non-exclusive licence to use those components as embedded in the deliverables.
If you send us suggestions or feedback about the Services, we may use them without restriction or obligation to you.
The following payment terms apply to bespoke engagements unless the SOW says otherwise:
Product subscriptions are billed in advance according to the plan you select and are non-refundable except as required by the Australian Consumer Law.
Avocado warrants that it will perform bespoke services with due care and skill and in a professional manner consistent with industry standards.
Except for the warranty above and any non-excludable guarantees under the Australian Consumer Law, the Services are provided "as is" and "as available". To the maximum extent permitted by law, Avocado disclaims all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Services will be uninterrupted, error-free, or free of harmful components.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law that cannot be lawfully excluded.
To the maximum extent permitted by law, and subject to the non-excludable rights described in section 8:
Where Avocado's liability cannot be excluded but can be limited under the Australian Consumer Law, our liability is limited, at our option, to re-supplying the Services or paying the cost of having them re-supplied.
You agree to indemnify and hold Avocado, its directors, employees, and contractors harmless from any claim, demand, loss, or expense (including reasonable legal fees) arising out of:
Avocado will indemnify you against third-party claims that your authorised use of the Services infringes an Australian registered patent, copyright, or trademark, subject to you promptly notifying us and giving us sole control of the defence and settlement.
Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Each party will use the other's Confidential Information only to perform its obligations under these Terms, will protect it with at least the same care as its own confidential information, and will not disclose it to any third party except to personnel and subprocessors who need to know it and who are bound by equivalent confidentiality obligations.
These Terms apply while you have an account or an active engagement with us.
We may modify the Services and these Terms from time to time. We will let you know about material changes by posting the updated Terms on this page, updating the "Last Updated" date, and where appropriate sending an email notification. Continued use of the Services after the effective date of the revised Terms constitutes acceptance of the changes.
These Terms are governed by the laws of the State of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
Before commencing court proceedings (other than for urgent interlocutory relief), the parties agree to attempt in good faith to resolve any dispute by senior-level negotiation within 30 days of written notice of the dispute.
If you have questions about these Terms, or need to send a formal notice under them, please contact us:
Avocado Pty Ltd
ACN 652 199 687
Email: hello@avocadodigital.com.au
Website: avocadodigital.com.au