Legal

Terms of Service

Bury Digital Pty Ltd · ABN 31 850 554 300 · Last updated: May 2026

1. Agreement to terms

These Terms of Service ("Terms") form a legal agreement between Bury Digital Pty Ltd ("Bury Digital", "we", "us", "our") and the entity or individual who subscribes to our Service ("Customer", "you", "your").

By signing up, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. In that case "you", "your", and "Customer" refer to that entity.

2. Definitions

  • "Service" means the Bury Digital software-as-a-service platform, including the website, dashboard, AI qualification, SMS messaging, lead hub, and related features.
  • "Customer Data" means data submitted to or generated through the Service by you or your End Users, including caller phone numbers, SMS content, qualification responses, and lead summaries.
  • "End User" means a person who contacts a Customer through the Service (typically by calling a forwarded number).
  • "Subscription" means your paid plan to access the Service.
  • "AUP" means our Acceptable Use Policy, available at bury-digital.com/acceptable-use.html.
  • "DPA" means our Data Processing Agreement, available at bury-digital.com/dpa.html.

3. The Service

The Service answers missed calls to your forwarded business number with AI-generated SMS, asks qualification questions configured for your industry, and provides you with structured lead summaries in a dashboard.

We may add, modify, or remove features at any time. We will give reasonable notice of material changes that adversely affect you.

4. Account and eligibility

To use the Service you must:

  • Be at least 18 years old
  • Operate a legitimate business in Australia (or with our written agreement, elsewhere)
  • Provide accurate registration information
  • Keep your account credentials confidential
  • Be responsible for all activity under your account

We reserve the right to refuse, suspend, or terminate accounts at our discretion, including where we reasonably believe you have breached these Terms.

5. Free trial

We offer a 14-day free trial. No payment details are required to start the trial. At the end of the trial, your account will pause unless you provide payment details. You may cancel at any time during the trial without charge.

6. Subscription, fees, and billing

The Service is offered on a monthly subscription at AUD $297 per month (or the price displayed at sign-up).

  • Fees are billed in advance each month from the day you provide payment details.
  • All fees are in Australian dollars and exclude GST unless stated otherwise. GST will be added where applicable.
  • Fees are non-refundable except as required by Australian Consumer Law or as expressly stated in these Terms.
  • We may change pricing on 30 days' written notice. Changes apply at your next billing cycle.

If a payment fails, we may suspend the Service. If payment is not received within 14 days, we may terminate your account.

7. Acceptable use

You must comply with our AUP. Breach of the AUP is breach of these Terms.

In particular, you must:

  • Comply with all applicable laws, including the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), and the Australian Consumer Law
  • Have lawful basis to send SMS to End Users via the Service
  • Not use the Service to send unsolicited commercial messages outside the scope permitted by law

8. Customer Data and privacy

You retain all rights, title, and interest in Customer Data. You grant us a limited, worldwide, non-exclusive licence to host, process, and transmit Customer Data solely to provide the Service.

You are the data controller of Customer Data (including End User personal information collected through your account). We act as your data processor in accordance with our Privacy Policy and the DPA.

You represent and warrant that:

  • You have all necessary rights, consents, and lawful basis to provide End User information to the Service
  • You will respond to End User requests regarding their personal information
  • You will comply with your own obligations under the Privacy Act and any other applicable privacy law

We will not use Customer Data or End User data to train artificial intelligence models.

9. Our intellectual property

The Service, including all software, designs, text, graphics, and branding, is owned by Bury Digital or our licensors. These Terms do not grant you any ownership rights in the Service.

You may not:

  • Copy, modify, or create derivative works of the Service
  • Reverse engineer, decompile, or attempt to extract source code
  • Resell, sublicense, or commercially exploit the Service except via our Partner Program
  • Remove or alter any proprietary notices

10. Confidentiality

Each party agrees to keep the other party's confidential information in confidence and not disclose it without consent, except as required by law or to perform under these Terms.

Confidential information includes Customer Data, business plans, pricing, technical details, and any information marked or reasonably understood to be confidential.

11. Warranties and disclaimers

We will use commercially reasonable efforts to make the Service available and to perform as described.

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind.

Specifically, we do not warrant that:

  • The Service will be uninterrupted, error-free, or available at all times
  • AI qualification responses will be accurate in every case
  • Every End User will respond or be successfully qualified
  • The Service will meet your specific business requirements

Nothing in these Terms excludes any guarantee, warranty, condition, or right that cannot lawfully be excluded under the Australian Consumer Law. Where a non-excludable guarantee applies, our liability for breach is limited (where permitted) to re-supplying the Service or paying for the cost of re-supply.

12. Limitation of liability

To the maximum extent permitted by law:

  • Neither party is liable to the other for any indirect, special, incidental, consequential, or punitive damages, including loss of profits, revenue, business opportunity, goodwill, or data, even if advised of the possibility of such damages.
  • Our total aggregate liability to you under or in connection with these Terms, regardless of cause of action, will not exceed the fees you paid us in the 12 months immediately preceding the event giving rise to the liability.

This limitation does not apply to liability that cannot lawfully be excluded or limited under Australian law.

13. Indemnity

You agree to indemnify and hold harmless Bury Digital from any claim, loss, or expense (including reasonable legal costs) arising from:

  • Your breach of these Terms or the AUP
  • Your use of the Service in violation of any law
  • Your Customer Data, including any claim by an End User that you did not have lawful basis to message them
  • Any claim that your business activities (as conducted through the Service) infringe a third party's rights

14. Suspension

We may suspend your access to the Service immediately if:

  • You materially breach these Terms or the AUP
  • Your payment is overdue
  • We reasonably believe your use creates a security risk, legal liability, or risk of harm to others
  • We are required to do so by law

Where reasonably possible, we will give you notice and an opportunity to cure.

15. Termination

Either party may terminate these Terms:

  • For convenience, at any time, with effect from the end of the current billing cycle
  • Immediately, if the other party materially breaches these Terms and fails to cure within 14 days of written notice

On termination:

  • Your access to the Service ends
  • We will make Customer Data available for export for 30 days
  • After 30 days, Customer Data is deleted in accordance with our Privacy Policy
  • Fees already paid are not refunded except as required by law

16. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent change. We will give you at least 30 days' notice of material changes by email or in the dashboard. Continued use of the Service after the change takes effect constitutes acceptance.

17. Governing law and disputes

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.

Before commencing legal proceedings (other than for urgent interlocutory relief), the parties will attempt in good faith to resolve disputes through negotiation, escalating to mediation through the Resolution Institute (resolution.institute) if negotiation does not succeed within 30 days.

18. General

  • Assignment. You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
  • No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
  • Severability. If any provision is found unenforceable, the rest of the Terms remain in effect.
  • Entire agreement. These Terms, together with the Privacy Policy, AUP, and (where applicable) DPA, are the entire agreement between the parties.
  • Notices. Notices to you may be sent by email to the address on your account. Notices to us should be sent to [email protected].

19. Contact

Bury Digital Pty Ltd
ABN 31 850 554 300
Email: [email protected]