Last updated: 2 Sep 2025

Plain summary (not a substitute for the Terms):

Spottr explains ingredient labels in plain language. It is information-only and not a medical device or medical advice. Results may contain errors. Always check the packaging.

1) Who we are

These Terms & Conditions (“Terms”) govern the website, iOS app, and related services (“Services”) provided by Delush Digital Pty Ltd trading as Spottr, Australia.

Contact: teamspottr@gmail.com

2) Acceptance

By accessing or using our Services, you agree to these Terms and our Privacy Policy. These Terms apply in addition to, and do not replace, the standard End User License Agreement (EULA) provided by the app store where you obtained the Services. If you do not agree, do not use the Services.

3) Global availability

We are an Australian company offering Services globally.

Some features may not be available in all regions.

You are responsible for complying with local laws that apply to you.

4) What Spottr is and is not

• Information-only. Spottr explains ingredient labels in plain language.
• What it does. Spottr highlights ingredients you choose (based on your selected preferences/watchlist).
• Limits. Results may contain errors from image quality, packaging changes, or AI interpretation; manufacturers may use alternative or regional ingredient names. Always check the packaging.
• Not professional advice. Spottr does not provide medical, dietary, legal, or safety advice. Spottr is not a medical device.
• No obligation to update. We do not continuously monitor or update product data or third-party information.
• Independence. Spottr does not sell advertising and does not accept payment to influence ingredient highlights or explanations.

5) No reliance; critical-use restrictions

Do not use or rely on the Services where an error could reasonably result in personal injury, health impact, or property damage. You are solely responsible for verifying all ingredient and product information directly against the packaging and other trusted sources before use or consumption.

6) Eligibility

The Services are rated 9+ on the Apple App Store for content suitability. However, to create an account and use the Services you must be at least 16 years old. If you are under 16, you may not use the Services.

US children’s privacy. We do not knowingly collect personal information from children under 13 in the United States.

7) Accounts

• Keep your credentials confidential. You are responsible for activity under your account.
• Provide accurate and current information.
• We may suspend or terminate accounts for breach of these Terms.

8) Subscriptions, trials & billing

• Billing. Purchases, trials, and subscriptions are processed by Apple. Charges are billed to your Apple ID.
• Auto-renew. Subscriptions automatically renew until cancelled. Your Apple ID is charged within 24 hours before each renewal period. You may cancel at any time in your Apple ID settings.
• Manage/cancel. Cancel or change plans anytime in Settings → [your name] → Subscriptions.
• Trials. Trials convert to paid unless cancelled before they end.
• Pricing & taxes. Prices may change; we’ll take reasonable steps to notify active subscribers. Taxes or conversion may apply.
• Refunds. Except where required by law, refunds are handled by Apple under Apple’s policies.

9) Service availability & changes

The Services may change, be interrupted, or discontinued at any time without notice.

We do not guarantee uptime, accuracy, availability, or that any data or content you store or upload will be preserved. We are not responsible for loss or deletion of data.

10) Permitted use; fair use & rate limits

You may use the Services for personal, non-commercial purposes under a limited, revocable, non-exclusive licence.

You must not:

• Use the Services for medical or safety determinations.
• Use where failure could lead to injury or damage.
• Copy, scrape, bulk-download, or mine content beyond normal use.
• Circumvent security, rate limits, or reverse engineer (except where prohibited by law).
• Build a competing product.
• Upload unlawful, infringing, or harmful content.

11) User content

• You own content you submit (e.g., label photos).
• You grant Spottr a worldwide, non-exclusive, royalty-free licence to host, process, and display it to operate and improve the Services.
• You must have rights to content you submit.
• We may remove content that violates these Terms or the law.

12) Feedback licence

If you submit feedback or ideas, you grant Spottr a perpetual, worldwide, royalty-free licence to use them without obligation.

13) Privacy & sensitive data

Our Privacy Policy explains how we collect, use, and safeguard data.
Some data may be considered sensitive information under laws such as the Australian Privacy Act and GDPR.

We only process such data with explicit consent, apply reasonable technical and organisational safeguards, and you may delete it at any time.

14) Intellectual property

The Services (software, models, UI, text, trademarks) are owned by Spottr or our licensors.

Except for the limited licence above, no rights are granted.

15) Open-source components

Open-source components are governed by their own licences. Where required, those licences apply.

16) Third-party services

The Services may link to or interoperate with third-party services (e.g., translation, analytics).

Those services have their own terms and policies. We are not responsible for third-party services.

17) Disclaimers

• No professional advice / no duty of care. Spottr provides general information only. Not medical, nutritional, legal, or safety advice. Not a medical device.
• Accuracy limits. We do not guarantee the accuracy, completeness, or relevance of product information, ingredient detection, or recommendations. Product data may contain errors caused by packaging changes, OCR/image quality, or manufacturer naming differences. Recommendations are not guaranteed to match product availability, and suggested alternatives may differ from the product scanned.
• AI features. Outputs may be experimental, probabilistic, or incomplete. Features may be withdrawn without notice.
• Service “as is.” The Services are provided “as is” and “as available,” without warranties of any kind.
• US warranty disclaimer. To the extent permitted by US law, Spottr disclaims all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement.

18) Export control & sanctions

You represent you are not located in, or a resident of, a sanctioned country and agree not to use the Services in violation of export or sanctions laws.

19) Limitation of liability

To the maximum extent permitted by law:

• Spottr and its officers, employees, and agents are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, or goodwill.
• Where liability cannot be excluded but may be limited, our aggregate liability is capped at the lesser of AUD $50 or the amounts you paid in the 12 months before the event.
• US state notice. Some US states do not allow the exclusion or limitation of certain damages or implied warranties. Where that is the case, the exclusions and limitations above apply only to the extent permitted by applicable law.

20) Notice and mitigation

You agree to notify us promptly of any claim and take reasonable steps to mitigate loss.

21) Indemnity

To the maximum extent permitted by law, you agree to fully indemnify, defend, and hold harmless Delush Digital Pty Ltd trading as Spottr, its affiliates, directors, officers, employees, contractors, and agents from and against any and all claims, actions, demands, proceedings, liabilities, losses, damages, costs, and expenses (including legal fees on a full indemnity basis), arising directly or indirectly from or in connection with:

a) your access to or use of the Services;

b) any breach of these Terms or applicable law by you;

c) any content, data, or material you submit, upload, or provide through the Services;

d) any actual or alleged infringement of intellectual property or other rights by you;

e) any negligence, fraud, misrepresentation, or misconduct by you;

f) any third-party claim relating to your use of the Services, including regulatory or governmental investigations; or

g) any combination of the above.

This indemnity survives termination of these Terms and is in addition to, and not limited by, any other rights or remedies available to Spottr.

22) Force majeure

We are not responsible for delays or failures caused by events beyond our reasonable control.

23) Suspension & termination

We may suspend or terminate your access for breach, risk, or legal exposure.

You may stop using the Services at any time.

Sections that should survive termination (IP, disclaimers, liability limits, indemnity, governing law) will do so.

24) Changes

We may update these Terms. The “Last updated” date will change.

Material changes take effect 14 days after posting unless stated otherwise. Continued use after changes take effect means you accept the updated Terms.

25) Governing law & venue

These Terms are governed by the laws of Victoria and the Commonwealth of Australia.

You submit to the exclusive jurisdiction of the courts in Victoria, Australia.

Consumer protection note: Nothing here limits additional rights you may have under local mandatory laws in your country.

25A) United States dispute resolution

Informal resolution. Before filing a claim, you agree to email teamspottr@gmail.com with a written notice of the issue and work with us in good faith to resolve it for 30 days from receipt.

Binding arbitration & class-action waiver (US only). If we do not resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). No class or representative actions may be brought; arbitration and relief are individual only. You may opt out of arbitration by sending a written notice to teamspottr@gmail.com within 30 days of first accepting these Terms. If applicable law does not allow binding arbitration or a class-action waiver for you, this clause applies only to the fullest extent permitted by law. Seat: New York, New York, USA.This section survives termination.

26) Region-specific rights & variations

• Australia (AU): Non-excludable guarantees under the ACL apply.
• EEA: Statutory rights for digital services may apply. Refunds/cancellations are handled by Apple.
• UK: Statutory rights under the Consumer Rights Act 2015 may apply.
• US: US. See §8 for auto-renew disclosure. See §25A for US dispute resolution (informal resolution, arbitration, class-action waiver). State-specific limits on disclaimers and remedies apply where required.
• Canada (incl. Quebec): Provincial consumer laws may grant extra rights. Refunds/cancellations via Apple.

27) Language

These Terms are provided in English. Translations (if any) are for convenience only; English controls unless law requires otherwise.

28) General

• Severability. If any part of these Terms is invalid, the remainder stays in effect.
• No waiver. Failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without consent. We may assign them in a merger, acquisition, or sale.
• Entire agreement. These Terms and our Privacy Policy form the entire agreement.

© 2025 Delush Digital Pty Ltd trading as Spottr. All rights reserved.