TERMS OF SERVICE

14 October 2025

1. YOUR ACCEPTANCE AND AGREEMENT

1.1 We’re Thee Office Digital t/a Thee Office (“Thee Office”, “we”, “us” or “our”). We operate a proprietary software environment, built within the HighLevel, Inc. (“GHL”) software and infrastructure (“GHL Software”). This environment, together with Thee Office’s custom configurations, templates, automations, and integrations, forms the Thee Office Platform (the “Platform”).

1.2 The Platform provides a comprehensive suite of marketing and sales tools designed to enable businesses to create, manage, and automate their customer interactions.

1.3 The following apply to your use of the Platform:
(a) any terms related to Fees (as defined below);
(b) these terms and conditions (“Terms”); and
(c) our Privacy Policy (“Privacy Policy”),
(together, the “Agreement”).

1.4 By accessing or using the Platform in any manner, you agree to be bound by this Agreement.

1.5 Thee Office may change these Terms at any time. All changes are effective when posted. Your continued use of the Platform after posting of revised Terms constitutes acceptance of the updated Terms.

1.6 You confirm you have read, understood, and agree to this Agreement. You are deemed to have accepted this Agreement on behalf of any entity or organisation for whom you use the Platform, whether as an Authorised User, Team Member, or otherwise.

1.7 If there is any inconsistency between the documents forming this Agreement, the documents listed in clause 1.3 take precedence in the order specified.

2. PLATFORM AND THIRD-PARTY DEPENDENCY

2.1 The Platform operates on GHL Software licensed from GHL and may incorporate third-party services such as Twilio, Mailgun, Stripe, Google and others.

2.2 While Thee Office has developed and maintains its own proprietary environment and configurations within the GHL Software, Thee Office does not own or control the underlying GHL Software or any associated third-party services.

2.3 By accessing or using the Platform, you agree that:
(a) availability, functionality, and performance of certain Platform features may depend on GHL or its sub-processors;
(b) Thee Office is not responsible for interruptions, data loss, or service changes arising from GHL Software or any third-party service; and
(c) your use of the Platform is subject to GHL’s Terms of Service, which you agree to comply with in addition to this Agreement.

3. DEFINITIONS AND INTERPRETATION

3.1 In this Agreement:

“Account” has the meaning in clause 4.1.
“Agreement” has the meaning in clause 1.3.
“Applicable Law” means all laws, regulations, and legal requirements that apply to the Platform or the Agreement, including the Australian Consumer Law and any other relevant laws in your jurisdiction.
“AUD” means Australian Dollars.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Authorised User” means your employees, agents, and contractors you authorise to access and use the Platform via individual credentials.
“Business Day” means 9:00am–5:00pm Monday to Friday, excluding weekends and public holidays in New South Wales, Australia.
“Customer Data” means data you provide to us (including personal data of your customers, leads, or end users) via the Platform.
“Developed IP” has the meaning in clause 18.3.
“GHL Software” has the meaning in clause 1.1.
“Indemnified Parties” has the meaning in clause 23.1.
“Intellectual Property Rights” means all present and future IP rights throughout the world (whether registered or not), including copyright, trade marks, designs, patents, domain names, confidential information, know-how, and all similar rights.
“LeadConnector” means the CRM/marketing automation app integrated with the Platform.
“Minor” has the meaning in clause 26.1.
“Personal Information” has the same meaning as in the Privacy Laws.
“Platform” means the Thee Office Platform described in clause 1.1, including any Proprietary Content.
“Privacy Laws” means the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and any analogous laws that apply to you.
“Privacy Policy” means our privacy policy at [https://theeoffice.digital/privacy-policy] (update link if different).
“Proprietary Content” means all templates, workflows, automations, campaigns, landing pages, forms, scripts, graphics, copy, configurations, system-generated assets, and other creative or technical materials made available by Thee Office via the Platform.
“Provider IP” has the meaning in clause 18.2.
“Related Bodies Corporate” has the meaning in the Corporations Act 2001 (Cth).
“Site” means [https://theeoffice.digital] or any site operated by us.
“Stripe Services Agreement” is defined in clause 15.6.
“Subscription” means the plan/tier of access to the Platform selected by you (see pricing page at [https://theeoffice.digital/pricing]).
“Third-Party Services” means optional subscriptions, usage-based services, or integrations provided by third parties and made available via the Platform (see clause 15.14).
“USD” means United States Dollars.
“User Generated Content” means content produced by you and provided to us.
“User Generated Content Agreement” means any separate agreement between us and an Authorised User regarding User Generated Content.
“you/your” means the person or entity that registers to use the Platform, an Authorised User, or a Team Member (as applicable).

3.2 Interpretation: the singular includes the plural and vice versa; headings are for reference only; references to statutes include amendments and replacements.

4. ACCESSING THE PLATFORM

4.1 The Platform is available to persons who accept this Agreement and register an account on our Site by providing a valid email and/or mobile number and a secure password (“Account”).

4.2 After registration, you become the account holder and are responsible for managing and maintaining the Account.

4.3 You may not use one email/mobile to register multiple Accounts. You may hold more than one Account if each is associated with a different business and email.

4.4 You may access your Account via the Site, LeadConnector, or [your app URL, e.g., https://app.theeoffice.digital].

4.5 As the Account Holder, you may add users within your organisation (“Team Members”) and assign permissions.

4.6 Each Team Member receives unique credentials. You must ensure use only by that individual and keep credentials confidential.

4.7 Sharing or misusing credentials is prohibited, including: logging in under another person’s credentials; using credentials from another account; providing misleading details; or creating fake profiles.

4.8 Team Members are Authorised Users and bound by these Terms. You are responsible for their activity, permissions, and lawful use.

4.9 Information associated with your Account must be true, accurate, current, and complete and kept updated.

4.10 You are responsible for all activity under your Account and must promptly notify Thee Office of any unauthorised access or suspected breach.

4.11 You warrant your use is lawful and not prohibited by any law. Suspected fraudulent, abusive, or illegal activity may result in suspension or termination and possible referral to authorities.

5. ADMINISTRATIVE ACCESS AND ACCOUNT CONTROL

5.1 You acknowledge and agree Thee Office retains full administrative access to your Account (including associated data, templates, automations, and integrations) as a mandatory condition of service.

5.2 We may exercise administrative access for: technical support; system auditing, quality control and security; updates and maintenance; and ensuring compliance with these Terms and Applicable Law.

5.3 You must not revoke or obstruct our administrative access. Breach may result in immediate suspension or termination.

6. RESTRICTIONS ON ACCESS

6.1 The Platform is a private service for legitimate members operating their business. You must not access the Platform if you are employed by, contracted to, advising, or otherwise affiliated with a competing all-in-one software platform (including any GHL white-label agency or equivalent competitor), or if your access is for market research, competitive analysis, benchmarking, or similar purposes, or is under false/misleading pretences.

6.2 These restrictions apply to all Account Holders and Authorised Users, including staff, subcontractors, affiliates, or supporters of direct competitors.

6.3 We may suspend/terminate Accounts breaching this clause and pursue legal remedies to protect our IP, confidential information, and commercial interests.

7. USE OF THE PLATFORM

7.1 You and your Authorised Users must not: modify, merge, record, reverse-engineer, copy, reproduce, create derivative works from, frame, download, display, transmit or distribute any part of the Platform or its source code; license, sell, rent, lease, transfer, assign or commercially exploit the Platform; engage in unlawful behaviour (including probing, scanning, or testing security); transmit malicious code or unlawful content; provide access to unauthorised third parties; share non-public features/templates; or otherwise breach this Agreement.

7.2 You must not engage in conduct intended to damage or that could reasonably be expected to damage Thee Office’s reputation, goodwill, services, Platform, or personnel (including false statements, misleading reviews, impersonation, misuse of brand assets, or harassment).

7.3 You must treat Thee Office team members, contractors, members, and departments professionally in all communications. Abusive or hostile behaviour may result in suspension or termination.

7.4 Pilot/beta tools may be limited, time-bound, or revoked at any time.

7.5 Rights granted to you must not be assigned, sold, licensed, or transferred. You must not create any security interest over the Platform.

7.6 Your use must also comply with GHL’s acceptable use terms. A breach of GHL terms by you/Authorised Users is a material breach of this Agreement.

7.7 Any breach of this clause 7 is a material breach and may result in suspension/termination and further action.

8. ACCOUNT USAGE AND PORTABILITY

8.1 Your Subscription provides access to exclusive templates and resources. Standard exports (contacts, form submissions, invoices, transactions, appointments and other personal data) are available; exports are your responsibility.

8.2 Proprietary Thee Office templates/resources are licensed for use inside the Platform only and are non-transferable/non-exportable. Account or location transfers to another GHL account/location are prohibited. Attempting to transfer/replicate/export proprietary resources outside the Platform is a material breach.

8.3 Thee Office is not responsible for loss of templates/resources/data upon cancellation or termination.

9. TRIAL PERIOD

9.1 We may offer free/discounted trials at our discretion. Trial terms are disclosed when offered.

9.2 Trials may be withdrawn or modified at any time. One Trial per user/entity.

9.3 Trials require valid payment details. Unless cancelled before the end of the Trial, it converts to a paid Subscription and charges recur per your selection.

9.4 You remain responsible for any fees incurred during a Trial (e.g., communications, add-ons, third-party integrations). Such charges are non-refundable.

9.5 Misuse of a Trial (e.g., mass unsolicited messaging, billing manipulation, multiple accounts) is a material breach.

10. YOUR OBLIGATIONS

10.1 You will cooperate with us; provide accurate information promptly; comply with laws; ensure your systems meet requirements; and follow our reasonable directions.

10.2 The Platform integrates with third-party services (e.g., Stripe, LeadConnector, Intercom, Meta, Google Analytics, PayPal). You are responsible for complying with applicable third-party terms.

10.3 You must ensure communications we send for you reflect correct business information and notify us of changes.

10.4 You warrant you are authorised to use the Platform and access Customer Data connected to it.

11. COMPLIANCE

11.1 You are solely responsible for lawful use of the Platform, including accuracy of data, holding required licences/insurances, and compliance with laws (e.g., HIPAA, PCI DSS, GLBA, GDPR, anti-spam and privacy laws as applicable).

11.2 Thee Office does not provide legal advice and does not warrant your use will be compliant. You are responsible for ensuring lawful use, including third-party integrations and communications.

12. USE OF COMMUNICATION SERVICES

12.1 The Platform may include SMS, MMS, email, and voice features (surcharges apply).

12.2 You are responsible for all communications and compliance with laws such as TCPA, CAN-SPAM, Do Not Call rules, and analogous international regimes.

12.3 If you purchase phone numbers, the default carrier is Twilio. Rates are derived from Twilio’s segmentation and variables. Charges vary destination/origin/length/network.

12.4 You remain responsible for all charges, including undeliverable/blocked messages or failed sends. Thee Office facilitates technology but does not originate messages.

13. E-COMMERCE PRODUCTS AND SERVICES

13.1 You are solely responsible for products/services sold via the Platform (disclosures, pricing, taxes, fulfilment, refunds, and customer service).

13.2 Thee Office is not a marketplace and does not pre-screen products. Sales contracts are between you and your customers.

14. PLATFORM UPDATES AND FEATURES

14.1 Thee Office may update, modify, or discontinue features/integrations at any time. Your Subscription is not contingent on any specific feature. We will use reasonable efforts to give notice of significant changes where practicable.

15. FEES AND PAYMENT

15.1 You must pay all applicable Fees to access the Platform.

15.2 Fees may be charged in AUD or USD. Fees for Australian customers may attract GST; AUD fees are GST-exclusive; USD fees are GST-exclusive but GST may be applied by Stripe if you are determined to be in Australia.

15.3 Fees displayed on the Site/Platform may change prospectively. If you do not agree, you may terminate per clause 27.3. Mid-cycle cancellations are not refunded.

15.4 You must keep payment details current. Failed payments may trigger retries; persistent failure may result in suspension.

15.5 If Fees are not received by the due date, we may suspend access and/or terminate per clause 27.

15.6 Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (including the Stripe Terms of Service) (together, the “Stripe Services Agreement”). By using Stripe you agree to the Stripe Services Agreement and authorise sharing of information required for payment processing.

15.7 Stripe may determine billing currency automatically; such determinations are outside Thee Office’s control.

15.8 Changing billing currency may require a new Account with different credentials/payment details.

15.9 Thee Office is not responsible for Stripe’s account linking, wallets, or currency decisions.

15.10 Your Subscription grants access to core features; additional usage (e.g., emails/SMS/AI/premium workflows) is billed separately on a pay-as-you-go basis.

15.11 Our pricing model combines a flat-rate Subscription with optional usage-based services.

15.12 Optional services may incur extra charges. (We do not provide complimentary credits.)

15.13 You are responsible for maintaining sufficient wallet/top-up balance for usage-based services (e.g., email/SMS/voice, domains, branded app hosting, WhatsApp/Yext/WordPress/Marketplace apps, premium workflows, API connections).

15.14 Third-Party Services: If you purchase/activate third-party services, (a) you enter a separate agreement with that provider; (b) Thee Office isn’t a party and assumes no liability; (c) third-party charges are non-refundable; (d) disputes must be directed to the provider; and (e) if your Thee Office Subscription is cancelled/suspended, access to those services may be disabled and data may be lost.

15.15 Done-for-you/agency services are not included in your Subscription and require a separate agreement and pricing.

15.16–15.18 Taxes/withholding: you must pay Fees without deduction unless required by law; if withholding applies, gross up so we receive the full invoiced amount. Australian GST is not included; non-AU customers are responsible for local taxes.

15.19 You may cancel at any time; Fees are non-refundable except as required by law. Access continues until the end of the billing period.

15.20 Subscriptions use recurring billing until cancelled per clause 27.3.

15.21 Wallet top-ups/rebilling are charged in USD; pricing is exclusive of GST (applied automatically by Stripe if required).

15.22 Promotions/discounts may change or end at our discretion. No marketing statement creates a contractual right to fixed or lifetime pricing unless expressly agreed in writing.

15.23 Nothing in this clause limits your non-excludable statutory rights.

16. DOMAIN SUBSCRIPTIONS AND ICANN RESTRICTIONS

16.1 Domains purchased/transferred through the Platform are subject to ICANN rules, including a 60-day transfer lock. You are responsible for compliance. Thee Office is not liable for delays or restrictions arising from ICANN rules. Suspension/cancellation of your Subscription may affect domain access.

17. THIRD-PARTY INTEGRATIONS AND API ACCESS

17.1 Some integrations require periodic re-authentication/token refresh (e.g., Meta tokens ~ every 90 days). Maintaining valid credentials is your responsibility. We cannot guarantee uninterrupted third-party API access.

18. INTELLECTUAL PROPERTY

18.1 All rights, title and interest in and to the Platform, including proprietary configurations, templates, automations, workflows, designs, content and documentation (together, “Thee Office IP”), are owned by us.

18.2 The Platform operates on GHL Software. We do not own the GHL Software or third-party services. Your use does not grant any ownership rights in Thee Office IP, the GHL Software, or related technology (together, the “Provider IP”).

18.3 All IP created or developed in connection with the Platform (including updates, enhancements, improvements, and derivative works to the Provider IP) vests in Thee Office (“Developed IP”). You assign (and must procure assignment of) such rights to us on creation.

18.4 You must not represent yourself as proprietor of the Platform or Provider IP.

18.5 You retain ownership of your branding, trade marks, logos, graphics, copy, and other creative works you upload (“User Generated Content”).

18.6 You warrant you have all rights/consents to upload and permit our use of User Generated Content.

18.7 Nothing transfers ownership of User Generated Content to Thee Office.

18.8 You grant Thee Office a limited, non-exclusive, royalty-free licence to use User Generated Content solely to provide the Platform and related services.

18.9 Any separate User Generated Content Agreement may apply for promotional uses.

18.10 We may identify you as a customer (logo/name) for marketing; you may revoke by written notice and we’ll remove within a reasonable period.

18.11 Feedback/suggestions may be used without restriction; resulting rights vest in Thee Office.

19. PRIVACY

19.1 This Agreement outlines our handling of Personal Information and Customer Data. By using the Platform, you agree to our Privacy Policy at [https://theeoffice.digital/privacypolicy].

19.2 You retain ownership of Customer Data.

19.3 You are the data controller of Customer Data and responsible for compliance with Privacy Laws (including consent, policies, data subject rights, and retention).

19.4 Thee Office acts as your data processor and processes Customer Data only per your instructions, this Agreement, and Privacy Laws.

19.5 We may access/process/store Customer Data as needed to provide the Platform and related services.

19.6 Because the Platform operates on GHL infrastructure, Customer Data may be processed by GHL solely to enable services.

19.7 Enabling third-party apps may transfer Customer Data to those providers; you must comply with their terms. We are not responsible for third-party acts/omissions.

19.8 We implement organisational/technical safeguards (e.g., access controls, 2FA, logging) but you remain responsible for compliance in your use.

20. WARRANTIES

20.1 You warrant all information/Customer Data is accurate and lawful; you are authorised to use the Platform; and you understand suspected fraudulent/abusive/illegal activity may be referred to authorities.

20.2 We use reasonable endeavours to provide continuous access but cannot guarantee it. We are not liable for losses from interruptions/delays.

21. LIABILITY AND EXCLUSIONS

21.1 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with this Agreement (whether in contract, tort, statute or otherwise) is limited to the Fees you paid for access and use of the Platform in the one (1) month immediately prior to the event giving rise to liability.

21.2 We are not liable for losses caused by your errors/omissions or actions taken at your direction.

21.3 We are not liable for loss of profits/revenue/goodwill, business interruption, data loss/corruption, downtime, or any indirect/consequential loss; for viruses/malicious code; for property loss or personal injury to the extent permitted by law; or for loss/corruption/unauthorised disclosure/alteration of data from system failure, breach, unauthorised access, or other technical fault. You remain responsible for maintaining independent backups.

22. DISCLAIMER

22.1 To the maximum extent permitted by law: the Platform and all content are provided “as is” and “as available”; we make no warranties as to condition, performance, accuracy, completeness, reliability, fitness for a purpose, uninterrupted or error-free operation, or freedom from malware; you exercise discretion in use; we disclaim liability for third-party products/integrations; we disclaim liability for losses arising from reliance on Platform content (including any AI outputs), third-party integrations, your non-compliance with laws, and events beyond our reasonable control.

23. INDEMNITY

23.1 You indemnify and hold harmless Thee Office, our Related Bodies Corporate and our officers, directors, employees and contractors (the “Indemnified Parties”) from all claims, liabilities, losses, damages, costs and expenses arising out of: your breach of this Agreement; property damage or personal injury connected to your use; infringement of third-party IP; or breach of Applicable Law (including Privacy Laws).

24. CONFIDENTIALITY

24.1 Each party must keep confidential the other party’s confidential information and use it only to perform obligations under this Agreement, disclosing only to those who need to know and are bound by equivalent confidentiality obligations.

24.2 Confidentiality does not apply to information in the public domain (other than via breach), received lawfully from a third party, independently developed, consented for disclosure, or required by law to be disclosed.

24.3 On request, confidential information must be returned or destroyed.

25. DISPUTE RESOLUTION

25.1 Any disputes, complaints, or claims relating to your Account, Fees, or use of the Platform must be raised in writing to [email protected] within thirty (30) days of the event.

25.2 If you wish to appeal a decision (including suspension/termination), email [email protected] within seven (7) days of notice.

25.3 If a dispute (other than unpaid Fees) arises, the parties must first attempt to resolve it informally and in good faith.

25.4 If unresolved within 14 days of written notice, either party may refer the matter to mediation administered by the Resolution Institute (Australia).

25.5 Nothing prevents a party seeking urgent injunctive or equitable relief.

26. LEGAL CAPACITY

26.1 You must be eighteen (18) years or older to access the Platform. If under 18 (a “Minor”), you must cease accessing the Platform unless you have parental/guardian permission to create an Account. We may cancel/terminate access if you are a Minor without such permission.

27. TERM AND TERMINATION

27.1 This Agreement commences on the date you register and continues while you pay the Fees, unless terminated under this clause.

27.2 The Agreement renews for successive periods covered by the Fees unless cancelled.

27.3 You may cancel your Subscription at any time via the Platform (Settings → Billing → Upgrade/Cancel) or via a support request if you cannot access your Account. Cancellations take effect at the end of the current billing period. Fees are non-refundable except as required by law.

27.4 On cancellation or termination, access to the Platform and Proprietary Content ends at the period’s close; connected third-party subscriptions may be disconnected and data deleted within 72 hours; we have no obligation to retain or provide content thereafter.

27.5 We may offer a paused account (Account Hold) for up to three (3) months, subject to approval and a USD $10/month data retention fee. Access is suspended during the hold; data is retained for reactivation. If automations are left active, usage charges apply.

27.6 If Fees remain unpaid, we may suspend or terminate your Account. We are entitled to immediate payment for all properly incurred Fees up to termination. Account data may be permanently deleted within 72 hours of termination.

27.7 In the unlikely event we cease operations, active Accounts may be offered a transition to GHL to preserve data/continuity, subject to separate terms with GHL. We will use reasonable efforts to provide notice/assistance.

28. SUPPORT SERVICES

28.1 We provide technical support for Platform functionality, access, and performance. Support does not include strategic/marketing/configuration assistance unless agreed under a separate services agreement.

28.2 Support is available via in-platform resources or [email protected]. Response times may vary.

28.3 Embedded AI tools/automations are for assistance only and are not a substitute for human review. We do not guarantee accuracy of AI outputs.

29. COMMUNITY ACCESS AND CONDUCT

29.1 Community features may be offered and may be limited/revoked at our discretion.

29.2 You must behave professionally in all community interactions. Breach may result in suspension or revocation of access.

30. EVENTS OUTSIDE OUR CONTROL

30.1 We are not liable for delays/failures caused by events beyond reasonable control (force majeure). For GHL platform status, refer to GHL’s status page.

31. NOTICES

31.1 Notices must be in writing and sent to the email address specified by the recipient (or updated by notice). Email notices are deemed delivered 24 hours after sending.

32. GENERAL

32.1 Variations must be in writing and signed by authorised representatives (except as otherwise permitted for posting updated Terms).

32.2 Clauses which by nature survive termination do so.

32.3 You must not assign/transfer your rights/obligations without our written consent (not to be unreasonably withheld).

32.4 A waiver of a breach is not a waiver of any other breach.

32.5 Nothing creates a partnership, joint venture, agency, fiduciary, or other relationship beyond this contract.

32.6 This Agreement is not exclusive.

32.7 If any provision is invalid/unenforceable, it is replaced with a valid provision that most closely reflects the original intent; the remainder continues in force.

32.8 Governing Law & Jurisdiction. This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts.

32.9 This Agreement may be executed electronically.

32.10 This Agreement constitutes the entire agreement regarding the subject matter and supersedes all prior agreements and representations.