MyBrief Practice Management Software · Legal Data Solutions Pty Ltd (ACN 695 596 411)
A. Legal Data Solutions Pty Ltd (ACN 695 596 411) (the Licensor) has agreed to provide to you (the Licensee, being a natural person or legal entity) a non-exclusive, non-transferrable and revocable licence to use the MyBrief practice management software platform (the Licence).
B. The Licence encompasses the current version of the MyBrief practice management software platform, and, subject to the terms and conditions set forth hereinbelow, any updates, patches, additional modules, artificial intelligence features or mobile versions of the MyBrief software platform that the Licensor may release from time to time (together, MyBrief).
C. The Licensee has agreed to purchase the Licence on the terms and conditions set forth hereinbelow (the EULA). In particular, by registering for, accessing and using MyBrief, the Licensee agrees to be bound by the EULA. In the event that the Licensee does not agree with any part of the EULA, he, she or it may not register for, access or use MyBrief.
1.1. The Licensor hereby agrees to grant the Licensee a non-exclusive licence to register for, access and use MyBrief.
1.2. Subject to this EULA, the Licensee may register for, access and use MyBrief for one free trial of 14 days' duration (or such other greater period as the Licensor, in its absolute discretion, may grant from time to time). At the expiry of that period, the Licensee must either:
1.2.1. purchase a continuing licence to use MyBrief in accordance with clause 2 below; or
1.2.2. cease to use MyBrief.
1.3. This Licence permits the Licensee to use MyBrief on as many devices as he, she or it wishes. However, the use of MyBrief must in each case be by the Licensee or for his, her or its own benefit. The Licensee must not allow, permit or encourage any third party to use MyBrief for that third party's benefit, unless the third party has entered into a separate EULA with the Licensor.
1.4. The Licence commences on the date of acceptance of this EULA (which acceptance is communicated by the Licensee registering for and using MyBrief) and ends upon termination.
1.5. The Licence granted by this clause (and this EULA) is non-exclusive, non-transferrable (either by sublicence, transfer, assignment or otherwise) and may be terminated by the Licensor in the circumstances set forth hereinbelow.
2.1. From the expiry of any free trial, the Licensee must pay to the Licensor in advance a monthly or annual fee (as applicable) for the use of MyBrief (the Licence Fee). The Licence Fee varies according to the subscription tier selected by the Licensee (being the “Reader” tier or the “Barrister” tier, or such other tiers as the Licensor may make available from time to time).
2.2. The Licence Fee is subject to, but exclusive of, any Goods and Services Tax (or other value-added tax), which must also be paid by the Licensee to the Licensor in accordance with the applicable taxation legislation.
2.3. The Licence Fee (and any Goods and Services Tax or other value-added tax) is payable by the Licensee to the Licensor in such amount, in such manner and by such method as the Licensor may from time to time direct. In particular, the Licensee hereby authorises the Licensor to debit from his, her or its nominated debit or credit account the amount of the Licence Fee on the due date for payment.
2.4. The Licensor may increase the Licence Fee for any future monthly or annual period (as applicable) at any time in its absolute discretion upon the giving of 30 days' notice. The Licensor may also charge the Licensee an additional Licence Fee (in an amount determined by the Licensor in its absolute discretion) for any additional service or software module developed by it (as designated and identified by the Licensor in its absolute discretion), upon the giving of 30 days' notice. Such additional Licence Fee may be charged on an annual or monthly basis by the Licensor according to the form of subscription selected by the Licensee, or as the Licensor may in its absolute discretion determine.
2.5. The Licence Fee is payable by the Licensee whether or not a tax invoice/receipt has first been issued by the Licensor in respect of the Licence Fee. However, the Licensor will issue to the Licensee a tax invoice/receipt for each payment of the Licence Fee within a reasonable time of the due date for such payment.
2.6. In the event that the Licensee fails to pay any part of the Licence Fee and such failure continues for more than 7 days from the due date for payment, the Licensor may charge interest on the unpaid amount at the rate of 4% above the Reserve Bank cash target rate from time to time. However, before such interest can be charged, the Licensor must notify the Licensee in writing of its intention to charge interest, and provide the Licensee with 7 days from the date of that notification within which to pay the outstanding amount in satisfaction of which no interest will become payable. This restriction applies only to the first charge made for interest. Any subsequent charges for interest may be made by the Licensor without prior notification in its absolute discretion.
3.1. The Licence granted to the Licensee by this EULA includes all updates, patches or other additions to MyBrief, and any mobile versions of MyBrief, which may be released by the Licensor from time to time. The Licensor undertakes to inform the Licensee of any material update a reasonable time after its release and the Licensee hereby authorises the Licensor to contact him, her or it for that purpose. Any such update is subject to the terms and conditions contained in this EULA.
3.2. The Licence granted to the Licensee by this EULA includes the MyBrief platform at the subscription tier selected by the Licensee, and any additional service or software module (as designated and identified by the Licensor in its absolute discretion) developed and made available by the Licensor from time to time and subscribed to by the Licensee. However, notwithstanding any other provision contained in this EULA, any such additional service or software module will not be considered to form part of the basic MyBrief platform subject to the basic Licence Fee but will instead be made available for licence to the Licensee as an add-on upon the payment of an additional Licence Fee in accordance with clause 2.4 above.
3.3. Any additional service or software module developed by the Licensor and made available to the Licensee pursuant to clause 3.2 above will be provided on an opt-out basis. The Licensor will notify the Licensee of the addition of such module, any additional Licence Fee payable and of the opportunity for the Licensee to opt-out of the module before any additional Licence Fee becomes payable in accordance with clause 2.4 above. Such notification may be provided either in written correspondence (which may be sent to the electronic mail address notified by the Licensee to the Licensor) or through an in-app notification.
3.4. Payment of the Licence Fee by the Licensee, and the grant of the Licence pursuant to this EULA, includes the provision to the Licensee of reasonable technical support in a form decided by the Licensor from time to time in its absolute discretion. Any such technical support is subject to the terms and conditions herein.
3.5. The Licensor will use its best endeavours to correct within a reasonable time any error, defect or problematic functionality experienced by the Licensee in his, her or its use of the current version of MyBrief. The Licensee acknowledges that the Licensor does not undertake to provide any support for superseded versions of MyBrief.
3.6. In order to assist the Licensor in providing the reasonable technical support referred to in clauses 3.4 and 3.5 above, the Licensee must clearly communicate the nature of the problem to the Licensor and provide the Licensor with as much evidence of error, defect or problematic functionality as possible including, for example, screenshots where appropriate, so that the Licensor can use its best endeavours to correct the problem.
4.1. MyBrief incorporates artificial intelligence features (AI Features) including, without limitation, an AI-powered support chatbot, optical character recognition for receipt scanning, chronology building assistance, document summarisation, and document drafting assistance. The Licensee acknowledges and agrees that:
(a) AI Features are provided as tools to assist the Licensee and are not a substitute for the Licensee's own professional judgment, skill and diligence;
(b) content generated by AI Features (AI-Generated Content) may contain errors, inaccuracies or omissions, and the Licensee is solely responsible for reviewing, verifying and, where necessary, correcting all AI-Generated Content before relying upon it or using it in any professional or legal context;
(c) the Licensor does not warrant the accuracy, completeness or fitness for purpose of any AI-Generated Content;
(d) AI Features may utilise third-party artificial intelligence services (including, as at the date of this EULA, services provided by Anthropic, PBC) and the Licensee's use of AI Features is subject to any applicable terms of use or policies of such third-party providers; and
(e) the Licensee's data may be transmitted to third-party AI service providers for the sole purpose of generating AI-Generated Content, but will not be used by such providers to train their models, and will be processed on a per-request basis without persistent storage by the provider.
4.2. The Licensor shall not be liable for any loss or damage (whether direct, indirect, consequential or otherwise) suffered by the Licensee or any third party as a result of the Licensee's reliance upon, or use of, any AI-Generated Content. The Licensee agrees to indemnify the Licensor against any claim arising from the Licensee's use of AI-Generated Content.
4.3. The Licensor reserves the right to modify, suspend or discontinue any AI Feature at any time in its absolute discretion, including by reason of changes to the availability, pricing or terms of third-party AI service providers.
5.1. Notwithstanding any other provision of this EULA, the copyright and other intellectual property in MyBrief remains the property of the Licensor. The Licensee acquires no interest or right in MyBrief otherwise than as expressly set forth herein.
5.2. The Licensee acquires no interest or right in, or to use, any trademark owned by the Licensor or MyBrief by entry into this EULA.
5.3. The Licensor hereby reserves its exclusive right to grant licences to third parties to access and use MyBrief.
5.4. The Licensee hereby permits the Licensor to implement and use technical measures to remotely monitor the Licensee's use of MyBrief to ensure there is no unauthorised or unlicensed use of MyBrief and no breach of this EULA.
5.5. The Licensee must not alter, modify, adapt or translate MyBrief in any way whatsoever, nor permit any part of MyBrief to become incorporated into any other software program. The Licensee must not reverse-engineer, decompile or disassemble MyBrief except to the extent to which such reverse-engineering, decompiling or disassembling is permitted by law. The Licensee is permitted to use content delivered to it through the MyBrief platform only on the platform.
5.6. The Licensee hereby licenses to the Licensor, its subsidiaries, and any third party service providers engaged by the Licensor as described in clause 6.7 below (Service Provider), any information, data, passwords, materials or other content (collectively, Content) the Licensee provides through or to the MyBrief platform. The Licensor, its subsidiaries, and/or Service Provider may use, modify, display, distribute and create new material using such Content to provide the platform and services to the Licensee. By submitting Content, the Licensee agrees, or promises that the owner of such Content has expressly agreed, that without any time limit, and without the payment of any fees, the Licensor, its subsidiaries, and/or Service Provider may use the Content for the purposes set out in this EULA. As between the Licensor and Service Provider, the Licensor owns the Licensee's confidential account information.
6.1. The Licensee acknowledges that:
(a) MyBrief, including any additional software or service modules and AI Features, has not been guaranteed by the Licensor to be error free, may contain errors and that any errors in MyBrief are not a breach of this EULA;
(b) MyBrief has not been developed to meet the Licensee's individual requirements;
(c) it is the Licensee's responsibility to ensure that MyBrief meets his, her or its requirements; and
(d) for the purposes of clause 6.1(c) above, he, she or it has been provided with a reasonable period (including the duration of any free trial) to examine MyBrief before being required to pay the Licence Fee in accordance with the terms of this EULA and is satisfied as a result of that examination that MyBrief is suitable for that purpose.
6.2. In the event that the Licensor is unable within a reasonable time to correct an error, defect or problematic functionality in MyBrief in accordance with clause 3.5 above, the Licensor may in its absolute discretion refund the whole or part of the Licence Fee paid by the Licensee.
6.3. The Licensee acknowledges and agrees that, subject to clause 6.2 above and to the fullest extent permitted by law, the Licensor is not to be liable for any other loss or damage suffered by the Licensee as a result of its accessing or using MyBrief (or any additional software or service module, including AI Features), whether such loss or damage is direct or indirect, consequential or otherwise whatsoever, and any such liability otherwise subsisting is hereby expressly negatived. The Licensee agrees to indemnify the Licensor, its subsidiaries, and Service Provider and their affiliates from any and all claims, liability, damages, expenses and costs (including, but not limited to, legal fees on a solicitor and own client basis) caused by or arising from the Licensee's use of the MyBrief platform and service (including any additional software or service modules and AI Features), any violation by the Licensee of these terms or the Licensee's infringement, or infringement by any other user of its account, of any intellectual property or other right of anyone.
6.4. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
6.5. Subject to clause 6.4 above, all warranties other than those expressly set forth herein are hereby negatived to the fullest extent permitted by law.
6.6. The Licensee warrants that it has provided true, accurate, current and complete information about itself and its accounts maintained at other web sites or providers (if applicable) and agrees to not misrepresent its identity or account information. The Licensee agrees to keep its account information, and its Content, up to date and accurate. The Licensee acknowledges that, in providing MyBrief (and any other additional service or software module), the Licensee is warranting to the Licensor that the information (including Content) it provides is accurate and complete.
6.7. The Licensor may deploy code developed by third party Service Providers or develop linkages with software or services provided by third party Service Providers (including, without limitation, artificial intelligence service providers, payment processors and cloud infrastructure providers) in order to enhance the MyBrief platform or provide additional services to the Licensee. By using the MyBrief platform and service, the Licensee authorises the Licensor and Service Provider to access third party sites designated by the Licensee, on its behalf, to retrieve information requested by it, and to register for accounts requested by it. For all purposes hereof, the Licensee hereby grants the Licensor and Service Provider a limited power of attorney, and the Licensee hereby appoints the Licensor and Service Provider as its true and lawful attorney-in-fact and additionally as agent, with full power of substitution and resubstitution, for it and in its name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use the Licensee's information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as the Licensee might or could do in person. The Licensee acknowledges and agrees that when the Licensor or Service Provider accesses and retrieves information from third party sites, the Licensor and Service Provider are acting as the Licensee's agent, and not the agent or otherwise on behalf of the third party. The Licensee agrees that third party account providers shall be entitled to rely on the foregoing authorisation, agency and power of attorney granted by it. The Licensee understands and agrees that the MyBrief platform and service is not endorsed or sponsored by any third party account providers accessible through the MyBrief platform and service.
6.8. To the extent that MyBrief contains code that was not developed by the Licensor, the Licensor warrants that it holds any necessary licences to use that code and is authorised to sublicence it for use by the Licensee in accordance with this EULA.
7.1. This EULA, and the relationship between the Licensor and the Licensee, is subject to the Licensor's privacy policy, which can be accessed at mybrief.com.au/privacy.
7.2. The Licensee's data is stored using cloud infrastructure provided by third-party Service Providers (including, as at the date of this EULA, Supabase and Amazon Web Services) with servers located in Australia. The Licensor will use its best endeavours to ensure that the Licensee's data is stored securely and in accordance with the Australian Privacy Act 1988 (Cth).
7.3. The Licensee retains ownership of all Content uploaded to or created within MyBrief. The Licensee is responsible for maintaining his, her or its own backups of Content.
7.4. Upon termination of the Licence, the Licensor will retain the Licensee's data for a period of 90 days, after which the data may be permanently deleted. The Licensee may request an export of his, her or its data at any time prior to such deletion.
8.1. In the event that the Licensee does not agree to pay the Licence Fee, does not agree to pay any increase in the Licence Fee that may be imposed by the Licensor from time to time, or the method of payment provided by the Licensee to the Licensor is dishonoured, and such failure to pay is not remedied within 7 days to the satisfaction of the Licensor, the Licensor may terminate the Licence in its absolute discretion.
8.2. In the event the Licensee offers to remedy any failure to pay outside of the 7 day period of grace provided for by clause 8.1, the Licensor will consider, in its absolute discretion, whether or not the offered remedy is adequate and ought result in the continuation of the Licence notwithstanding the provisions of clause 8.1.
8.3. The Licensor may also, in its absolute discretion, terminate the Licence without prior notice in the event that the Licensee breaches any other term or condition in this EULA.
8.4. The Licensor may also terminate the Licence in the event that it is placed into external administration, or passes a resolution for its winding up.
8.5. The Licensee may terminate the Licence upon the giving of 30 days' written notice.
8.6. In the event that the Licence is terminated, the Licensee (and any personal or executive assistant or bookkeeper employed by the Licensee to operate MyBrief on his, her or its behalf) may not at any time in the future access or use MyBrief unless he, she or it has:
8.6.1. paid to the Licensor any outstanding Licence Fee that is due and owing (together with any interest that is payable in accordance with clause 2 above); and
8.6.2. remedied, or offered to remedy, to the satisfaction of the Licensor, any other breach of this EULA.
8.7. There shall be no refund of any part of the Licence Fee already paid by reason of any termination of the Licence.
8.8. Any termination of the Licence or EULA will not affect accrued rights of the parties, nor will it affect any provision of this EULA which is by its terms intended to come into force upon, or in consequence of, such termination.
9.1. This EULA is subject to the laws of New South Wales. In the event of any dispute, the Licensor and the Licensee hereby submit to the exclusive jurisdiction of the Courts of New South Wales.
9.2. This EULA constitutes the entire agreement between the Licensor and the Licensee and supersedes all previous or contemporaneous oral or written communications with respect to MyBrief or the subject-matter of this EULA.
9.3. To the fullest extent permitted by law, the express terms of this EULA supersede and exclude all warranties, conditions, terms, undertakings or obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise.
9.4. The Licensee expressly acknowledges and warrants that it has not entered into this EULA in reliance upon any representation made by the Licensor or any of its employees, agents or directors, and has only relied upon the terms of this EULA and his, her or its own inquiries in deciding to enter into this EULA and access and use MyBrief.
9.5. No delay by the Licensor in enforcing or exercising any of its rights under this EULA will prejudice or restrict the rights of the Licensor to enforce or exercise those rights and shall not be interpreted to be a waiver of those rights.
9.6. In this EULA:
9.6.1. any reference to legislation is a reference to that legislation as modified from time to time; and
9.6.2. any reference to a party includes a reference to its successors in title and permitted assigns; and
9.6.3. headings are for reference purposes only and are not to be used in the interpretation of this EULA.
9.7. Notwithstanding that the whole or any part of this EULA may prove to be illegal or unenforceable, the remaining provisions of the EULA shall remain in full force and effect.
9.8. The terms of this EULA may be varied or altered by the Licensor from time to time. The Licensee agrees that its continued use of MyBrief following such variation or alteration, and the continued payment of the Licence Fee, will constitute sufficient acceptance of any such variation or alteration. The Licensee acknowledges that updating this EULA and making its terms accessible to the Licensee through the provision of a link on the log-in page for the MyBrief platform will be deemed to be sufficient notification of the revised terms for the purposes of this clause.
Legal Data Solutions Pty Ltd (ACN 695 596 411) · ABN 39 695 596 411