The agreement between your firm and Filebird. Every clause starts with a plain-English summary, so you know what you’re agreeing to before you agree to it.
These terms are the agreement between Filebird Pty Ltd (“Filebird”, “we”, “us”) and the law firm or organisation that subscribes to Filebird (“your firm”, “you”).
Every clause opens with a plain-English summary. The summaries are there to help, and if a summary and its clause ever disagree, the clause applies.
01
The agreement
In short
By signing up or using Filebird for your firm, your firm agrees to these terms. If you click accept, you need the authority to bind it.
These terms, your plan or order form, our Privacy Policy and our Data Processing Addendum together form the agreement. If they conflict, the order form applies first, then the Data Processing Addendum, then these terms.
Whoever accepts these terms confirms they are authorised to bind the firm. Filebird is for businesses and is not offered to consumers for personal, family or household use.
02
Your account
In short
Your firm owns the account and decides who is in it. One login per person, and please switch on two-factor authentication.
Your firm appoints at least one administrator, who can add and remove users, set permissions and see the access log. Each login is for one named person and can’t be shared, although you can reassign a seat when someone leaves.
You are responsible for activity under your firm’s account, and for keeping passwords and devices secure. Tell us straight away at security@filebird.com if you suspect unauthorised access.
03
Free trial
In short
Fourteen days, every feature, no card. If you don’t subscribe, the trial simply ends.
A free trial lasts 14 days and includes every feature in the Practice plan. We don’t ask for payment details, and nothing renews automatically.
We keep trial data for 30 days after the trial ends, in case you subscribe, and then delete it. During a trial the service is provided as is, and clauses 11 and 14 do not apply.
04
Plans, fees and billing
In short
You pay per lawyer, monthly or yearly, in advance. Prices are fixed for your term, and any change comes with 60 days’ notice.
Fees are charged per lawyer seat on the plan your firm chooses, in advance each month or year. Support staff, such as paralegals and bookkeepers, are free on the Practice and Firm plans. Seats added during a term are charged pro rata, and seats removed take effect at the next renewal.
Prices exclude GST, sales tax and similar taxes, which we add where required. Subscriptions renew automatically for the same term unless cancelled. We may change prices for future terms by giving at least 60 days’ notice, and a change never applies to a term already paid for.
If a payment fails, we tell you and try again. If an invoice is more than 30 days overdue, we may suspend access after giving 14 days’ notice. We never delete your data for late payment.
05
Cancelling
In short
Cancel any time from Settings. You keep access until the end of the period you’ve paid for.
Your firm can cancel at any time from Settings → Billing, or by emailing billing@filebird.com. Cancellation takes effect at the end of the current billing period, and you keep full access until then.
Fees already paid are not refunded, except where clause 11 or 18 gives a credit or refund, or where the law requires one. If we end the agreement for convenience under clause 17, we refund prepaid fees for the unused period.
06
Your data
In short
Everything your firm puts into Filebird stays yours. We use it only to run the service, and you can export it any time.
Your firm owns all the data it and its clients put into Filebird (“Client Files”). You give us a limited licence to host, copy, process and display Client Files only as needed to provide and support the service, and as our Privacy Policy describes.
You can export Client Files at any time in standard formats (CSV, PDF and the original documents), including for 90 days after the agreement ends. We then delete them as our Privacy Policy describes.
You are responsible for having the rights and consents needed to store Client Files in Filebird, and for the accuracy of what you enter.
07
Your professional obligations
In short
Filebird helps you meet trust, billing and record-keeping rules, but those rules still bind your firm, not us.
Filebird is a software tool. It does not give legal, accounting or tax advice, and it does not make your firm compliant on its own. Your firm remains responsible for its professional obligations, including trust and controlled-money rules, IOLTA requirements, conflict checks, costs disclosure, record keeping and supervision.
Reports such as three-way reconciliations are only as accurate as the bank feeds and entries behind them. Review them before you rely on them or sign a compliance certificate.
08
Acceptable use
In short
Use Filebird for your legal work, lawfully. Don’t attack it, copy it, resell it or overload it.
Your firm must not, and must not let anyone else:
use Filebird for anything unlawful, or to store content it has no right to hold;
try to access another customer’s data, or probe, scan or test our systems without our written permission;
reverse engineer or copy the service, or use it to build a competing product;
resell, sublicense or provide the service to anyone outside your firm;
send spam or malware through the client portal or email features; or
use automated means that put an unreasonable load on the service.
We may investigate suspected misuse and suspend the users involved, as clause 17 explains.
09
Filebird Assist (AI)
In short
Assist writes first drafts. A qualified person must check them before they go anywhere.
Filebird Assist uses AI to draft, summarise and search. Its output can be incomplete or wrong, can cite sources that don’t say what it claims, and is not legal advice. Your firm must have a qualified person review any output before relying on it, filing it, or sending it to a client or a court.
As between us, your firm owns Assist’s output for its matters. We don’t use Client Files or output to train AI models, as our Privacy Policy explains.
10
Integrations
In short
When you connect another product, its own terms apply, and we aren’t responsible for it.
Filebird connects to products such as Microsoft 365, Google Workspace, Xero, QuickBooks, and e-signature and payment providers. When you turn an integration on, you authorise us to exchange data with it on your firm’s behalf.
Third-party products are governed by their own terms. We are not responsible for their availability or security, or for changes to their features.
11
Availability and support
In short
We aim for 99.9% uptime every month. If we miss it, you get a credit automatically.
We aim to keep Filebird available 99.9% of the time in each calendar month, excluding scheduled maintenance. We announce maintenance at least 48 hours ahead and run it outside business hours in your region.
If we miss that target, your firm receives a service credit on its next invoice: 10% of that month’s fees below 99.9%, 25% below 99.5%, and 50% below 99%. Credits are applied automatically and are your firm’s only remedy for downtime.
Support is available by chat and email during business hours in your region on every plan, with phone support on the Practice and Firm plans. Live status is published at status.filebird.com.
12
Confidentiality
In short
We keep your secrets, and you keep ours.
Each party will use the other’s confidential information only for this agreement, protect it at least as carefully as its own, and share it only with people who need to know it and are bound to keep it confidential. Client Files are always your firm’s confidential information.
These duties continue for five years after the agreement ends, and for Client Files and trade secrets for as long as they remain confidential.
13
Intellectual property
In short
We own Filebird. You own your work. If you send us ideas, we may use them.
Filebird, including its software, design and documentation, belongs to us and our licensors. For the length of the agreement, we give your firm a non-exclusive, non-transferable right for its users to use the service for the firm’s business.
If you send us suggestions, we may use them freely, with no obligation to you. We will never name your firm as their source without permission.
14
Warranties
In short
We promise to provide the service with care and skill. The Australian Consumer Law still applies, but we don’t promise perfection.
We warrant that we will provide the service with due care and skill and in line with our documentation, and that we will not materially reduce its security or core functionality during your term.
Some laws, such as the Australian Consumer Law, give rights that cannot be excluded, and nothing in these terms limits them. Where the law allows, our liability for breaching a non-excludable guarantee is limited to supplying the service again or paying the cost of having it supplied again. Otherwise, the service is provided without any other warranties, express or implied.
15
Liability
In short
Each side’s liability is capped at the fees paid in the last 12 months, except for things that shouldn’t be capped.
Neither party is liable for indirect or consequential loss, or for lost profits, revenue or goodwill, even if it was foreseeable.
Each party’s total liability under this agreement is limited to the fees your firm paid or owed in the 12 months before the claim arose. These limits do not apply to your firm’s obligation to pay fees, to breaches of clause 8 or of confidentiality, to the indemnities in clause 16, or to liability that the law does not allow to be limited.
16
Indemnities
In short
If someone claims Filebird infringes their IP, we defend you. If someone sues us over content you had no right to store, you defend us.
We will defend your firm against any third-party claim that the service infringes their intellectual property rights, and pay any resulting damages or a settlement we agree to. If that happens, we may change the service, get you the right to keep using it, or end the agreement and refund prepaid fees for the unused period.
Your firm will defend us against third-party claims arising from Client Files your firm had no right to store, or from a breach of clause 8.
The party seeking protection must tell the other promptly, let it control the defence, and cooperate reasonably.
17
Suspension and termination
In short
Either of us can end the agreement for a serious breach that isn’t fixed within 30 days. We only suspend access to stop harm.
Either party may end the agreement by written notice if the other materially breaches it and does not fix the breach within 30 days of being told, or if the other becomes insolvent. We may also end it for convenience with 90 days’ notice, refunding prepaid fees for the unused period.
We may suspend specific users or features immediately if needed to stop a security threat, unlawful use or harm to other customers, and we restore access as soon as the problem is resolved. Suspension never deletes your data.
When the agreement ends, the right to use the service stops, the export window in clause 6 applies, and clauses that should survive by their nature, such as confidentiality and liability, continue.
18
Changes to these terms
In short
We email account owners 30 days before any material change. If you don’t accept it, you can leave with a refund for the unused time.
We may update these terms as Filebird and the law change. For material changes, we email account owners and show a notice in the app at least 30 days before they take effect. Changes the law requires may take effect sooner.
If your firm objects to a change, it may cancel before the change takes effect and receive a pro-rata refund of prepaid fees.
19
Governing law and disputes
In short
Firms outside the US: New South Wales law. US firms: Delaware law. Either way, we try to talk it through first.
If your firm is based outside the United States, the laws of New South Wales, Australia govern this agreement, and its courts have jurisdiction. If your firm is based in the United States, the laws of Delaware govern it, and the state and federal courts in Wilmington have jurisdiction.
Before starting proceedings, a party must give written notice of the dispute, and senior people from both sides will try in good faith to resolve it within 30 days. Either party may still seek urgent injunctive relief.
20
General
In short
The housekeeping: this is the whole agreement, staying quiet never waives a right, and notices go by email.
Entire agreement. This agreement replaces any earlier discussions about its subject.
Assignment. Neither party may assign it without the other’s consent, except to a successor to its whole business.
Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, except for payment obligations.
Waiver and severability. Not enforcing a right does not waive it, and if any part is unenforceable, the rest still applies.
Notices. We send notices to your account owner’s email. Send yours to legal@filebird.com.
Relationship. We are independent contractors. Nothing in the agreement creates a partnership, agency or employment relationship.
Filebird Pty Ltd · ABN 00 000 000 000
Version 2.4 · In force from 1 October 2026
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Privacy Policy
How Filebird collects, uses and protects personal information, clause by clause.