Last updated 6 November 2025
Welcome to FountainPen. These Terms of Service (Terms) constitute a legally binding contract between you and Arnotts Technology Lawyers Pty Ltd (ACN 633 241 675) of Level 6, 16 O'Connell Street, Sydney NSW 2000 (we, our, us) if you subscribe to FountainPen. Please read them carefully before subscribing to FountainPen, so that you understand what you can expect from us, and what we will expect from you, if you become a FountainPen customer. We may update or replace these Terms from time to time but rest assured that prior written notice will be sent to your email address that we have on file for you about the upcoming changes if you are a FountainPen subscriber.
If you don't agree to these Terms, you cannot subscribe to FountainPen. We are happy to consider any reasonable amendments that you may wish to make to these Terms before subscribing to FountainPen. Please contact us using the contact form on our website if you would like to propose any amendments.
(a) Terms in bold have specific meanings given to them in these Terms.
(b) Headings may assist you but they are for reference only and are not binding.
(c) These Terms contain hyperlinks which may take you to additional documents or webpages that you should also read;
(d) In these Terms (i) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (ii) a reference to "party" is to you or us as the context dictates and a reference to "parties" is to both you and us; (iii) words denoting the singular have a comparable meaning when used in the plural, and vice versa; (iv) unless the context otherwise requires, references in these Terms to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder; and (v) these Terms are to be construed without regard to any presumption or rule requiring construction or interpretation against the party who drafted a provision or caused a provision to be drafted.
FountainPen is a digital artificial intelligence product operated by us that is designed to create tracked changes (redlines) and comments in legal documents. Our principal place of business is Level 6, 16 O'Connell Street, Sydney NSW 2000.
We will use our best endeavours to keep FountainPen online at least 99% of the time, measured monthly. However, from time to time we may need to take FountainPen offline for scheduled and unscheduled support and maintenance purposes. We will endeavour to minimise any downtime. We do not warrant that FountainPen will operate on an error free or uninterrupted basis.
In order to use FountainPen, you must register a FountainPen User Account. Registration is only available to users who are at least 18 years of age and have the ability to enter into legally binding contracts. During the registration process you will be required to provide your name, email address and any other information requested by us. You must provide accurate and up to date information. FountainPen accounts cannot be shared or transferred. If you wish to continue to use FountainPen after your trial period, you will be asked to provide valid credit card details. If you are not the card owner, by entering any credit card details during the registration process or when updating your account, you will be deemed to have warranted to us that you have permission from the card owner for all FountainPen subscription fees on your FountainPen account to be paid using that credit card. All credit card details are held by a third party payments processor (currently Stripe). The only credit card details we have access to, other than the amount of the payments, is the name on the card, the last 4 digits, the type of card, the card issuer and the expiry date.
Competitor Exclusion: You are not permitted to apply for a trial or subscribe to FountainPen if you are, or are affiliated or associated with, any business that provides legal document AI-review solutions or similar competitive services. By registering for FountainPen, you represent and warrant that you are not a competitor or affiliated or associated with a competitor of the FountainPen service and that you will not use FountainPen to develop, enhance, or inform any competing product or service. Without limiting our rights, we reserve the right to immediately terminate your account without refund if we determine, in our sole discretion, that you are a competitor or are using FountainPen for competitive purposes.
If you sign up for FountainPen on behalf of a company (whether as an administrator or in response to an invitation from your administrator):
(a) you represent and warrant to us that you are an authorised representative of the company with authority to bind the company to these Terms and to otherwise use FountainPen on its behalf;
(b) you must ensure that each person in your company who accesses FountainPen has their own FountainPen User Account and that they do not share their account credentials with anyone else;
(c) you consent to us using, and hereby license us to use, your company's logo, name and testimonials in marketing material to promote FountainPen;
(d) other than in respect of paragraphs (a), (b) and (c) above, 'you' and 'your' in these Terms refer to both you and that company, jointly and severally.
We offer different FountainPen subscription plans. You can learn more about our subscription plans on our website.
You must nominate a subscription plan during your account registration process. You can upgrade your subscription plan by contacting us. However, you cannot downgrade your subscription plan during the minimum term or during any renewal term. Any plan changes must be to a higher-tier plan.
Each subscription plan includes a minimum subscription term as specified in the plan details (Minimum Term). All subscription plans currently have a Minimum Term of 12 months. During the Minimum Term, you cannot cancel your subscription. You acknowledge and agree that you will remain liable for all subscription fees for the entire duration of the Minimum Term, regardless of your use of FountainPen during that period. The Minimum Term commences on the date your paid subscription begins (following any free trial period). You may choose to pay your subscription fees monthly or annually in advance, but in either case, the Minimum Term applies and you cannot cancel your subscription before the expiry of the Minimum Term.
We promise not to use any data that you send to FountainPen to train FountainPen. In order to operate FountainPen, we will send any legal documents that you send to FountainPen to third party artificial intelligence platforms, including Open AI (ChatGPT), Anthropic (Claude) and Microsoft Copilot. We will not send your legal documents to any third party unless the third party has agreed not to use such data for training their artificial intelligence products.
Please read this section about IPR carefully. In these Terms, IPR means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the Convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
As between you and us, we own all IPR in FountainPen (Our IPR) other than content that you upload into FountainPen that you own. As between you and us, you own the IPR in all content that you upload into FountainPen. You hereby grant us a non-exclusive, royalty-free, transferable, sublicensable licence to use that content in order to supply you with, and allow you to use, FountainPen.
You must not represent that you own any of Our IPR. You may only use Our IPR in order to operate your FountainPen account.
You must not directly or indirectly do anything that would or might invalidate, jeopardise, limit, interfere with or put in dispute Our IPR and you must not do or authorise the commission of any act that would or might invalidate or be inconsistent with our (or our licensors') ownership of Our IPR.
You hereby assign to us all IPR in all and any comments in connection with FountainPen and any requests for new FountainPen features, that you may make or suggest regarding them (each, an Improvement Suggestion). Each such Improvement Suggestion becomes our sole and exclusive property. This assignment is effective when you disclose the Improvement Suggestion to us including under section 197 of the Copyright Act 1968 (Cth) and in equity. You also hereby consent to the infringement of any Moral Rights (as that term is defined in the Copyright Act 1968 (Cth)) that you may have in each Improvement Suggestions by us and by any third parties who we authorise.
We agree to comply with all applicable data protection and privacy laws in any applicable jurisdiction. You must also comply with all applicable data protection and privacy laws in any applicable jurisdiction.
By using FountainPen, you consent to our use of personal information in accordance with our Privacy Policy, as amended by us from time to time. Our Privacy Policy is available for you to download from this website.
You agree to obtain all necessary consents and authorisations from, and issue any notifications to, any individuals before providing us with their personal information for us to lawfully collect, use, process and disclose in accordance with our Privacy Policy.
You must not:
(a) use FountainPen to violate all or any legal rights of any person or other entity in any jurisdiction;
(b) use FountainPen to develop a product or service that competes with FountainPen;
(c) use FountainPen to modify, copy, prepare derivative works of, decompile or reverse engineer any content or software contained in FountainPen, except to the extent this paragraph is not permitted under non-excludable applicable law;
(d) sell, license or exploit for any commercial purposes, any third-party owned IPR that you obtain from FountainPen, except where you otherwise have the consent of the owner of the IPR therein to do so;
(e) sell, license or exploit for any commercial purposes any of Our IPR;
(f) resell access to FountainPen or to any of the functionality made available in FountainPen;
(g) use any scraper, robot, spider, crawler or other automated device to copy any part of, or content on, FountainPen;
(h) use FountainPen in relation to crimes such as theft and fraud;
(i) use FountainPen in breach of laws relating to the protection of copyright, trade secrets, patents or other IPR and laws relating to spam or privacy;
(j) introduce malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs);
(k) allow use of your FountainPen account by any other person;
(l) use another person's name, username or password or otherwise attempting to gain access to someone else's FountainPen account;
(m) use FountainPen to make fraudulent offers of goods or services;
(n) use FountainPen to carry out security breaches or disruptions of network communications;
(o) use FountainPen to execute any form of network monitoring which will intercept data not intended for you;
(p) send unsolicited email messages through or to users of FountainPen in breach of applicable law;
(q) use FountainPen to create, store, disclose or transfer content that is unlawful, harmful, obscene, an infringement of third party IPR, harassing or offensive;
(r) use FountainPen to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages;
(s) use of FountainPen in breach of any person's privacy (such as by way of identity theft or "phishing");
(t) use FountainPen for any purposes beyond the scope of the access granted in this Agreement;
(u) permit any person to copy, modify, or create derivative works of FountainPen, in whole or in part, or to rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available FountainPen;
(v) reverse engineer, disassemble, decompile, decode, or duplicate FountainPen, engage in model extraction, or otherwise attempt to derive or gain access to any source code, algorithm, model, model weights and parameters, or other underlying artificial intelligence technology or component of FountainPen, in whole or in part;
(w) access or use FountainPen (or any output generated by FountainPen) to develop, train, or improve any other AI technology or a competing or similar product or service;
(x) remove any proprietary notices from FountainPen;
(y) use FountainPen to create or generate output or use any output from FountainPen in a manner that you know or should know infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule; or
(z) submit, enter, post or otherwise transmit or process any personal or confidential information through FountainPen that you are not entitled to so submit, enter, post or otherwise transmit or process.
As FountainPen performs analysis of legal documents and creates tracked changes (redlines) and comments that rely on artificial intelligence, we cannot take responsibility for the accuracy, lawfulness or correctness of any such tracked changes or comments. Artificial intelligence may be prone to 'hallucinations' which may render the tracked changes irrelevant, inaccurate, unlawful or unfavourable. We are not responsible for the content of any tracked changes or comments contained in any document provided to you by FountainPen.
FountainPen is not a lawyer and you waive any rights that you would otherwise have against us in connection with the accuracy, lawfulness or correctness or any tracked changes and comments generated by FountainPen including where they are irrelevant, inaccurate, unlawful, unsuitable or unfavourable to you or your clients. You must interpedently verify the accuracy and suitability of any tracked changes (and comments) created by FountainPen before delivering them to any person or relying on them.
FountainPen does not (and we do not via FountainPen) provide any legal services of any kind.
Our and your liability is also limited as follows:
(a) first, each party's liability in respect of your subscription to FountainPen is limited, in the aggregate, to the FountainPen subscription fees paid by you to us;
(b) second, each party will not have any liability for any matter beyond its reasonable control, such as for third party software failures and telecommunications network faults;
(c) third, each party will not have any liability for any indirect, special or consequential loss or damage arising in connection with your FountainPen subscription, including for loss of profits, loss of revenue, loss of or unauthorised access to or alteration, deletion of, or failure to store, content or data, or for loss of or damage to goodwill, whether arising in contract, tort (including negligence) or otherwise, and whether the loss or damage is foreseeable or not; and
(d) fourth, for any breach by us of any applicable guarantee under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law) or any other similar law, our liability will be limited to one or more of the following as determined by us: if the liability concerns goods, (i) the replacement of the goods, or the re-supply of the goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and if the liability concerns services: (i) the supplying of the services again; or (ii) the payment of the cost of supplying the services again.
However, nothing in these Terms limits either party's liability for any intentional breach, for breach of the other party's IPR, for any breach of applicable law or to the extent the liability cannot be limited under non-excludable applicable law. In addition, each party will not be liable for any non-performance of its obligations under these Terms where caused by the other party's wrongful acts or omissions.
If a party breaches any of these Terms, the other party may notify that party in writing that it requires it to rectify the breach. If:
(a) the notified party fails to rectify a breach that is remediable within 14 days of receiving the notice; or
(b) the breach is not remediable,
the notifying party may cancel your FountainPen subscription by notice in writing and terminate this contract.
You cannot cancel your subscription before the expiry of the Minimum Term specified in your subscription plan. After the Minimum Term has expired, subscriptions automatically renew on a rolling 12-month basis, except where you or we provide written notice to the other of the cancellation of your account at least 30 days prior to the end of the then current subscription period, in which case where such notice is provided your subscription will terminate at the end of the then current subscription period. Any cancellation notice provided during the Minimum Term will be ineffective and your subscription will continue for the full duration of the Minimum Term.
We may (in addition to exercising any other rights) suspend or cancel your account in the event that the subscription fees for your account are not paid for any reason by the due date and still not paid within the time specified in a reminder notice that we provide to you.
FountainPen may contain links to third party websites, plug-ins and applications which we do not own or control. We do not represent, recommend or endorse these websites, plug-ins or applications. We encourage you to read their privacy policies so that you understand how they may collect and process your personal information.
You can email us using the contact form on our website.
These Terms are governed by the laws in force in New South Wales.
You and we each irrevocably submit to the non-exclusive jurisdiction of the courts located in New South Wales and the jurisdiction in which you are incorporated in relation to any proceedings or disputes concerning FountainPen or these Terms.
Severability: If any part of these Terms is deemed invalid by a court of competent jurisdiction, the remainder of these Terms is still enforceable.
Relationship: No employment, joint venture or partnership relationship is formed by these Terms.
Entire Agreement: These Terms are the entire agreement between you and us about its subject matter and supersede all other proposals, arrangements, representations and agreements between you and us about its subject matter.
Currency: all reference to currency, monetary values, "dollars" or "$" in these Terms and on our website are to Australian dollars, except as otherwise specified.