1.About these Terms
These Terms of Service ("Terms") govern your use of the Willby mobile application and the documents and features it provides (the "App"). The App is provided by Big Screen Entertainment Pty Ltd (ABN 71 006 931 675) of Melbourne, Victoria, Australia ("Willby", "we", "us", "our").
By downloading, accessing or using the App, and by tapping to accept these Terms during setup, you agree to be bound by them and by our Privacy Policy. If you do not agree, do not use the App.
2.Willby is not a law firm and does not give legal advice
This is the most important thing to understand about Willby.
- Willby is a self-help document-creation tool. It helps you prepare your own will and related documents by turning your answers into a formatted document.
- Willby is not a law firm, not a legal practitioner, and does not provide legal advice. Using the App does not create a solicitor–client relationship.
- No lawyer reviews your documents. The App does not check whether a document is right for your circumstances.
- Information in the App (including any explanations of witnessing or execution requirements) is general information only and is not a substitute for advice from a qualified Australian legal practitioner.
If your circumstances are complex, for example blended families, trusts, business interests, assets overseas, tax planning, questions about your capacity, or the likelihood of a dispute, you should obtain independent legal advice.
3.Eligibility
To use the App to create a will or other document, you confirm that you:
- are at least 18 years of age;
- have the legal capacity to make a will and to enter into these Terms; and
- are creating documents intended for use in Australia.
You are responsible for the accuracy of everything you enter.
4.What the App does, and what it does not do
The App does: guide you through questions; generate will and companion documents (which may include a Statutory Declaration and an Advance Care Directive) as PDFs; and provide general information to help you complete and sign them.
The App does not: guarantee that any document is legally valid, effective, enforceable, or suitable for your circumstances; provide advice; witness, lodge, store, or register any document on your behalf; or act on your instructions.
Whether a document is legally valid depends on your individual circumstances and on you executing it correctly. We do not warrant any particular legal outcome.
5.Your documents and legal validity
A will or other legal document created with the App is not legally valid until you correctly execute it, which generally means printing it and signing it in the presence of the required witnesses, in accordance with the law of your State or Territory. Requirements differ between States and Territories, and some documents have their own execution rules (for example, in Victoria an Advance Care Directive and a Statutory Declaration each have specific witnessing requirements).
You are solely responsible for:
- ensuring the information you enter is true, accurate and complete;
- printing, signing, dating and witnessing each document correctly; and
- storing your signed documents safely and telling the right people where they are.
Willby cannot and does not verify that you have executed a document correctly.
6.Licence to use the App
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to use the App for your own personal, non-commercial purposes. You must not copy, resell, sublicense, reverse-engineer, or use the App or its templates to provide document-preparation services to others.
7.Intellectual property
The App, its design, and its document templates are owned by Willby and protected by law. You own the content you enter and the completed documents you generate. Nothing in these Terms transfers ownership of the App or its templates to you.
8.Purchases, pricing and subscriptions
Some features and documents require a purchase. Current products are:
- Simple Will, one-time purchase (AUD $49).
- Complete Estate, one-time purchase (AUD $59).
- Statutory Declaration, one-time purchase (AUD $19).
- Advance Care Directive, one-time purchase (AUD $29).
- WillbyOne, an auto-renewing annual subscription (AUD $19.99 per year) for ongoing updates and law-change notifications.
Prices are shown in the App in your local currency and may change. For the WillbyOne subscription:
- payment is charged to your Apple ID at confirmation of purchase;
- the subscription automatically renews for the same period unless you turn off auto-renewal at least 24 hours before the end of the current period;
- your account is charged for renewal within 24 hours before the end of the current period; and
- you can manage or cancel your subscription any time in your Apple ID settings. Cancelling stops future renewals; it does not, by itself, refund the current period.
9.Payments and refunds
All purchases and subscriptions are processed by Apple through the App Store. Willby does not process payments and cannot directly issue refunds.
Requests for refunds and subscription cancellations are handled by Apple in accordance with the App Store terms. You can request a refund at reportaproblem.apple.com and manage or cancel a subscription in your Apple ID settings.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (see clause 13), which applies in addition to Apple's policies.
10.Acceptable use
You agree to use the App only for lawful purposes and only to prepare your own documents. You must not use the App to prepare documents for other people as a service, to enter false information, or in any way that breaches the law or these Terms.
11.Privacy and your data
Willby is designed so that your document content and personal details stay on your device and are not transmitted to or stored on Willby's servers. Limited, non-content information leaves the device only as described in our Privacy Policy, de-identified product analytics, purchase processing through Apple and our payments provider, and any support message you choose to send us.
Because your data is stored on your device, deleting the App (or resetting your will within it) permanently removes that data. We cannot recover it. You are responsible for keeping your own copies, for example, the PDF you export, and for your own device backups.
12.Third-party services
The App relies on third-party services, including Apple (App Store and in-app purchases), RevenueCat (purchase and subscription management), TelemetryDeck (de-identified analytics), and, if you contact us, a support message provider. Your use of those services is subject to their own terms and privacy policies. We are not responsible for third-party services.
13.Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on you by the ACL or any other law that cannot lawfully be excluded.
To the extent permitted by law, and where our services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied.
14.Disclaimers
To the maximum extent permitted by law and subject to clause 13, the App and its documents are provided "as is" and "as available", without warranties of any kind, including that the App will be uninterrupted or error-free, or that any document produced will be legally valid, effective, enforceable, or suitable for your circumstances.
15.Limitation of liability
To the maximum extent permitted by law and subject to clause 13, Willby will not be liable for any indirect, incidental, special or consequential loss, or for any loss arising from an invalid, incorrectly completed, or incorrectly executed document, from your reliance on general information in the App, or from loss of data stored on your device. Where liability cannot be excluded but can be limited, our total liability is limited to the amount you paid us for the App in the 12 months before the relevant event.
16.Indemnity
To the extent permitted by law and subject to clause 13, you agree to indemnify Willby against claims and losses arising from your breach of these Terms or your misuse of the App.
17.Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the version number and ask you to accept the new Terms in the App before you continue. Your continued use after acceptance means you agree to the updated Terms.
18.Suspension and termination
We may suspend or discontinue the App, or any product within it, at any time. You may stop using the App at any time by deleting it. Clauses that by their nature should survive termination (including 2, 5, 7, 13–16 and 19) will survive.
19.Governing law and jurisdiction
These Terms are governed by the laws of the State of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of Victoria. The Australian Consumer Law applies regardless.
20.General
If any provision of these Terms is found to be unenforceable, the rest continue in effect. Our failure to enforce a provision is not a waiver. These Terms are the entire agreement between you and us about the App. You may not assign these Terms; we may assign them to a successor of our business.
21.Contact us
Questions about these Terms:
Big Screen Entertainment Pty Ltd, Melbourne, Victoria, Australia
Email: support@willby.com.au
Or use our contact form.