ToS (Draft 15 Sept 2025)

Introduction

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Introduction

Please read these Terms of Service (“Terms”) carefully. By using the BILBY MANAGEMENT SOFTWARE (“BILBY”) or signing up for an account, you agree to be bound by these Terms and all policies referenced herein. This is a legally binding agreement (“Agreement”) between you and BILBY MANAGEMENT SOFTWARE.

For clarity, we’ll start with a few definitions:

  • BILBY: This refers to the cloud-based user management platform offered through the URL https://mybilby.com (the “Website”). We’ll also call it the “Service.”
  • Bilby Management Software: This is the legal entity, BILBY (ABN XXX XXX XXX), an Australian business that owns and operates the Service. We may also refer to ourselves as “we,” “us,” or “our Team” (which includes our employees, contractors, and volunteers).
  • Partner: This is you. A Partner is a customer of the Service or a representative of an entity that is a customer of the Service. Throughout this Agreement, we may refer to you as “you” or “your.”
  • Member: An individual who is a member of an organisation that uses BILBY. While some of these Terms apply to Members, others are specifically for Partners. Members should also review their organization’s terms of use and privacy policy regarding how their data is handled.

Scope of the Agreement

These Terms, which include our Privacy Policy and , define the conditions under which you may use BILBY. They also outline how we will manage your account while you are a Partner.

If you have any questions about these Terms, feel free to contact us.

Account

Eligibility and account registration

To access and use the BILBY Service, you must meet the following criteria:

  • As a Partner: You must be a recognised club, association, or organisation, or a duly authorised representative thereof, with the legal capacity to enter into this Agreement.
  • As a Member: You must be a natural person of legal age and capacity to form a binding contract.
  • You must provide true, accurate, and complete registration information, including a valid email address and any other information we may require.
  • You must agree to and comply with these Terms, including our Privacy Policy and Acceptable Use Policy.

By using BILBY, you represent and warrant that you meet all the eligibility requirements stated above. You further represent and warrant that you will not use the Service in a manner that violates any local or international applicable laws or regulations.

BILBY MANAGEMENT SOFTWARE reserves the right to refuse service or suspend or terminate the account of any user or Partner at any time, for any reason, at our sole discretion, and without prior notice.

Term and subscription

BILBY offers various subscription plans for the Service, each with a designated Term. Your Term begins on the date you sign up for BILBY or first access your pre-created account. Each Term lasts for twelve (12) months and will automatically renew for subsequent twelve-month periods unless you cancel your subscription.

You are responsible for all subscription fees for the full Term, regardless of your chosen billing frequency (e.g., annual or monthly increments). By creating an account or logging in for the first time, you are officially agreeing to these Terms. If you are signing up on behalf of an entity (such as a club or association), you confirm that you have the authority to bind that entity to this Agreement.

We may offer a 30-day Free Trial. At the end of this trial, you must select a Plan and provide payment information to continue using the Service.

Closing Your Account

We hope you’ll be a part of the BILBY community for a long time, but we understand if you need to leave. You can cancel your account at any time by giving us notice. We also reserve the right to suspend or terminate accounts if necessary.

If we ever need to close your account for a reason that’s not listed in these terms, we’ll give you a prorated refund for any unused subscription fees and SMS credits. However, we can’t offer refunds if your account is terminated due to a violation of our terms.

Once an account is terminated, we may permanently delete all associated data from our system. To keep our service running smoothly for everyone, we also reserve the right to delete accounts and their data under the following circumstances:

  • Inactivity: If you haven’t logged in for 12 consecutive months, we may consider your account inactive and delete it.
  • Non-renewal: If you choose not to renew your account at the end of your term, we may delete your data after 30 days.
  • Free Trials: Free trial accounts that are not upgraded to a paid plan within 30 days may be deleted at our discretion.

Changes to these terms

Our goal is to continually improve BILBY for you. As our Service evolves, so too might these Terms. We want to be transparent about any updates, so we’ll always notify you of changes by posting the new Terms on our website, sending a message to your account, or emailing you directly.

The updated Terms will take effect seven (7) days after they’re posted. If you’re happy with the changes, just keep using BILBY. If you don’t agree, we ask that you terminate your account within that seven-day window. We also reserve the right to change our Service or its features at any time to better serve our Partners.

Account security and responsibility

You are responsible for keeping your account name and password confidential and secure. You are also responsible for all activity that happens under your account, regardless of whether you authorized it. Please notify us immediately if you suspect any unauthorized use of your account. We can’t be held liable for any losses you incur from compromised or stolen passwords.

For your protection, we do not have access to your password. We can only help you with a password reset.

Account disputes

We cannot get involved in disputes over account ownership. You agree not to request access to or information about an account that isn’t yours. All account-related disputes must be resolved directly between the involved parties. We’ll determine who owns an account based on the contact information listed. If there is a dispute, we may require official documentation from a relevant government body to verify ownership.

Insurance for physical activities

If you use BILBY to organize or manage physical events and activities, you are responsible for maintaining all necessary insurance coverage, such as public liability and professional indemnity insurance. By using the service for these activities, you confirm that you have the required policies to run your activities safely and in compliance with all laws. BILBY MANAGEMENT SOFTWARE is not responsible for any liability, loss, or damage that results from your failure to maintain adequate insurance or from your physical activities.

Payments

Account fees

Our fees for annual plans are listed on our website and may be updated from time to time. You are responsible for the full cost of your chosen plan, regardless of whether you pay monthly or annually. Payments are due on the first day of each month for monthly plans, and before your annual renewal date for annual plans. If your usage exceeds the limits of your current plan, we will automatically upgrade you to the next pricing level, and your account fee will be prorated for the remainder of your term.

Upgrades and credits

You can purchase additional services, like extra file storage, SMS credits, or other upgrades. Payment for these is due before they take effect. Unless we state otherwise, upgrades renew annually. SMS credits do not expire, but they may be forfeited if your account is terminated as described in the Closing Your Account section.

Refunds

We will only issue a prorated refund of your account fee if we terminate your service for a reason not specified in these Terms or our Acceptable Use Policy. Under all other circumstances, no refunds will be issued.

Fee changes

We may change our fees at any time. We will notify you of any changes by updating the pricing on our website or by sending you a notification via your account or email.

Your rights and ours

Our rights

The BILBY platform, website, and software are protected by intellectual property laws, including patents, trademarks, and copyrights. We’ll refer to these as our Proprietary Rights. When you use our service, you agree not to reproduce or use our Proprietary Rights without our written permission. Using BILBY doesn’t transfer any ownership of these rights to you.

Your rights

You own all the content you and your members upload to BILBY, including member data and financial information. You confirm that you have the right to use and upload this content. We’ll only use your content as described in these Terms and our Privacy Policy.

By uploading content, you give us a license to use it to operate and improve the service. This license is perpetual, worldwide, and royalty-free.

If you ever decide to leave us, your data is still yours. We’ll give you 30 days to export your data after you terminate your account. It’s your responsibility to export your data during this time, as we don’t provide data exports for you.

Privacy

Our Privacy Policy is an important part of these Terms. It explains how we use and protect your information.

Our Right to review

We reserve the right to access and review your account content. We do this to build tools that help us identify accounts that violate our Terms or to improve the Service for everyone.

Your responsibilities

This section outlines your responsibilities while using BILBY. Think of these as the ground rules that help keep our community and platform safe for everyone.

Respectful and Lawful Use:

  • You agree to use BILBY lawfully and to comply with our .
  • Don’t upload anything illegal, or anything that infringes on someone else’s copyright.
  • Don’t try to hack our services, steal data, or otherwise compromise BILBY.
  • If your usage violates any laws or third-party rights, we may have to suspend or terminate your account.

Content and Moderation:

  • You are solely responsible for all the content you and your members upload.
  • While we don’t actively monitor user content, we reserve the right to review and remove anything we believe violates our terms.
  • If you see any content that you think violates these terms, please report it to us.

Fair Usage:

  • Our bandwidth and servers are for BILBY features only. Please don’t use our service to host data for other purposes.
  • We may throttle your connection speed at our discretion if we see excessive usage.

Data Privacy and Compliance:

  • You’re responsible for making sure your use of BILBY complies with all applicable laws and regulations, including data privacy laws like the Australian Privacy Principles.
  • We can’t guarantee that BILBY will meet the specific compliance requirements of every regulation you are subject to.
  • If you’re in the European Economic Area (EEA) or send to anyone there, you confirm that you have all the necessary consents and permissions to use and transfer data through BILBY. You also agree to describe how you use collected data and to comply with all relevant data protection laws.

We are not responsible for the actions of our partners or for providing legal advice on your specific compliance obligations.

Service and data management

Service availability

Upgrades: We perform regular Service upgrades to improve our platform. While we try to schedule these during off-peak hours, some downtime may be unavoidable. By using the Service, you accept that we are not responsible for any brief interruptions caused by these upgrades.

Failures: We are not responsible for any Service downtime resulting from:

  • Scheduled maintenance or maintenance-related issues.
  • Outages affecting public internet backbones, networks, or servers.
  • Failures with your own equipment or local access services.
  • Events beyond our reasonable control, such as natural disasters, war, or governmental actions.

Service uptime

We strive to make BILBY available at all times. However, we do not provide any specific service level agreements or uptime guarantees. The Service may be unavailable during scheduled maintenance windows, upgrades, or due to unforeseen circumstances as outlined in the Force Majeure clause.

Data security, integrity, and breach notification

Security: We are committed to protecting your data. We use industry-standard encryption for data both in transit and at rest, and we implement other commercially reasonable security safeguards. However, you are also responsible for following reasonable security practices, such as protecting your account credentials, to help keep your information safe.

Breach Notification: In the event of a confirmed data breach, we will notify affected Partners within a reasonable timeframe after we have executed the necessary remediation steps. Our goal is to ensure the security of your data is restored before notifying you of the event.

Deletion:

  • We and our upstream providers perform daily backups of data for the previous 14 days.
  • We are not responsible for data deleted by you or a user of your account, whether accidentally or intentionally. We may be able to restore a backup for a fee, but we are not liable if the data is outside of our 14-day backup schedule.
  • We are not liable for data loss due to system failure or events beyond our control. If such an event occurs, we will do our best to restore your data and will refund your Account Fee for the month you were affected.

Integrity: If you collect sensitive information (as defined by your country’s privacy laws, like Australia’s Privacy Act 1988), you are responsible for taking all reasonable steps to safeguard this information. We are not liable if unauthorized users access this information due to your negligence, misunderstanding of the system, or a system failure or bug.

Access to data

All your data entered into the Service can be exported by you via the platform in CSV format. We do not provide additional data formats for standard accounts.

For our enterprise customers, we will, upon request, provide a full data dump of your core entities, including users, activities, bookings, and receipts.

Third-party integrations

Our Service allows you to connect with and use third-party websites, applications, and services (collectively, “Third-Party Integrations”). This includes services like payment gateways, mapping tools, and social media platforms. Please note that these integrations are provided for your convenience, and we do not own or control them.

We are not responsible for the content, privacy practices, or functionality of any Third-Party Integrations. By using these services, you do so at your own risk. You are responsible for complying with the terms and conditions of those third-party providers.

Liability and disclaimers

Limitation of liability

You assume full responsibility for any loss that results from your use of our Service and website. To the maximum extent permitted by law, we and our team will not be liable for any indirect, special, punitive, or consequential damages under any circumstances. Our total liability for all claims in any given month will not exceed the amount you paid us for the Service that month.

No warranties

Our Service and website are provided “as is.” We do not provide any warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. We do not guarantee that:

  • Your access to the Service will be uninterrupted, timely, secure, or error-free.
  • Any defects on the website will be corrected.
  • The information on the website is accurate, complete, or useful.
  • The website or its server are free from viruses or other harmful components.

We cannot guarantee that BILBY will meet your specific needs.

Indemnity

You agree to indemnify, defend, and hold harmless BILBY, our affiliates, and our team from any claims, liabilities, damages, and expenses (including legal fees) that result from your use of the Service, your Content, any physical events you organize, the actions of your volunteers, or any misconduct. This includes any claims you make that are not permitted under these Terms, as well as any third-party claims arising from a breach of these Terms by you or anyone using your password.

If we take legal action against you for a breach of these Terms and prevail, we are entitled to recover reasonable legal fees and any damages awarded.

Liquidated damages

In certain cases, the damages from a breach of these Terms are difficult to calculate. In these instances, you agree to pay the following liquidated damages, which are a reasonable pre-estimate of our losses:

  • Anti-Spam Violations: If you violate anti-spam laws, the damages will be five times the amount you paid us over the past 12 months, but not less than $1,000.
  • Unauthorized Use: If you use our resources for purposes other than those intended for BILBY features, the damages will be five times the amount you paid us over the past 12 months, but not less than $1,000.
  • Late Payment: If you fail to pay an amount due within 30 days after receiving a late notice, the damages will be three times the amount you paid us over the past 12 months, but not less than $500, plus the outstanding amount owed.

Disclaimers

The website may contain links to third-party websites and content. We do not endorse, sponsor, or approve this content and are not responsible for the behavior of any advertisers, linked websites, or other partners.

General provisions

Force majeure

We will not be liable for any failure or delay in performance caused by events beyond our reasonable control. This includes, but is not limited to, acts of God, war, terrorism, natural disasters, strikes, power outages, and interruptions from internet service providers.

Assignment

You may not transfer any of your rights under this Agreement to another party. We may transfer our rights to any other individual or entity at our discretion.

Governing law and jurisdiction

This Agreement is governed by the laws of New South Wales, Australia. Any disputes related to these Terms or the Service will be resolved in the state and federal courts of New South Wales, and you consent to the jurisdiction of these courts.

Survivability

Even if this Agreement is terminated, the sections concerning Our Proprietary Rights, Your Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Governing Law, Survivability, Severability, and the Entire Agreement will remain in effect.

Severability

If any part of this Agreement is found to be unenforceable, that section will be modified or removed as needed, and the rest of the Terms will remain valid and in full effect.

Interpretation

The headings and conversational language in these Terms are for clarity only and do not affect the legal meaning or construction of any provision.

Amendments and waiver

We may amend these Terms by posting a revised version on our website, and/or by providing you with a notification via your account or email. Additional terms may apply to certain features, and if there is a conflict, the additional terms will take precedence. If we do not immediately act on a violation of these Terms, it does not mean we are waiving our right to take action later.

No changes at partner request

Due to the nature of our cloud-based service with a global user base, we cannot make individual changes to these Terms for any Partner or group.

Further actions

You agree to provide all necessary documents and take any actions required to fulfill your obligations under these Terms.

Security breach notifications

In the event of a security breach that may affect your data or your members’ data, we will notify you and provide a description of the event. If we advise you to do so, you will be responsible for promptly forwarding this information to your members.

Notices

Any notice we send to you will be effective when posted to your account, emailed to your last provided address, or published on our website. Any notice you send to us will be effective upon delivery to our addresses, as posted on the website.

Entire agreement

This document, along with our Privacy Policy and Acceptable Use Policy, constitutes the entire agreement between you and BILBY. It supersedes all prior agreements and understandings.

Thank you for taking the time to understand BILBY’s policies.