Terms and Conditions

These terms are the agreement between you and us for using Chomply. They cover who can use the app, how your account and any family profiles work, what you may and may not do, how paid subscriptions are billed, and the limits on our responsibility. Some parts are necessarily legal, so each of those is followed by a plain-English line. Product and safety information is also covered by the separate Medical and Allergen Disclaimer, which forms part of this agreement. By using Chomply you accept these terms.

About these terms

Chomply is operated by [[LEGAL.ENTITY_NAME NOT SET]] (ABN [[LEGAL.ABN NOT SET]], ACN [[LEGAL.ACN NOT SET]]), referred to in these terms as "we", "us" and "our". "You" means the person using the app.

These terms, together with our Privacy Policy, our Medical and Allergen Disclaimer, our Cookie and Tracking Policy and our Refunds, Billing and Cancellation policy, form the agreement between you and us. By creating an account or using Chomply you agree to be bound by them. If you do not agree, do not use the app.

In plain terms: using Chomply means you accept these terms and the related policies linked here.

Eligibility

You must be at least 18 years old and legally able to form a binding contract to create an account and use Chomply.

Accounts are for individuals. Each person may hold one account, and you must not share your account or create an account on behalf of someone who is not eligible.

In plain terms: adults only, one account each.

Your account

You agree to provide accurate and current details when you register, and to keep them up to date.

You are responsible for keeping your login credentials secure, and for all activity that happens under your account. We offer two-factor authentication and passkeys, and we encourage you to enable them. You must tell us promptly at [[LEGAL.CONTACT_EMAIL NOT SET]] if you believe your account has been accessed without your permission.

In plain terms: give us correct details, protect your login, and tell us fast if something looks wrong.

Family and dependant profiles

Chomply lets you add profiles for members of your household, including children, so you can manage their avoidances alongside your own.

By adding a profile for another person, you confirm that you are their parent or legal guardian, or that you otherwise have their permission to manage their information. You are responsible for the accuracy of the health and dietary information you enter about them, and for how you use any results relating to them.

In plain terms: only set up profiles for people you are entitled to, and keep their information accurate.

Licence to use Chomply

We grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to use Chomply for your own personal, non-commercial purposes, in accordance with these terms.

This licence does not transfer any ownership in the app or its content to you, and we may revoke it if you breach these terms.

In plain terms: you may use the app for yourself and your household, but you do not own it and cannot resell access to it.

Acceptable use

You agree not to:

• scrape, harvest or bulk-extract data from the app;
• reverse engineer, decompile or attempt to derive source code, except where the law expressly permits it;
• resell, redistribute or commercially exploit our data or the service;
• circumvent, disable or interfere with scan limits, rate limits or other technical restrictions;
• use bots, scripts or other automated means to abuse the scanning or search endpoints;
• upload or submit content that is unlawful, infringing, defamatory, harmful or that you have no right to submit;
• probe, scan or test the security of the service, or attempt to access another user's account or data.

In plain terms: use the app normally and honestly, and do not attack it, abuse it, or try to get at other people's information.

Content you submit

You keep ownership of the content you create or submit, such as notes, product corrections and community submissions.

You grant us a worldwide, royalty-free, non-exclusive licence to host, store, reproduce and display that content for the purpose of operating and improving the service. Community submissions may be shown to other users. We may moderate, edit, refuse or remove content at our discretion, for example where it is inaccurate, unlawful or breaches these terms.

In plain terms: what you submit stays yours, but you let us store and show it to run the app, and we can moderate or remove it.

Product and ingredient information

Product and ingredient information in Chomply is sourced from third parties and from other users, and is provided on an "as is" basis. We do not manufacture the products and do not control the underlying data.

This information, and every scan result, verdict and AI answer based on it, is subject to our Medical and Allergen Disclaimer, which is incorporated into these terms by reference. Please read it carefully, because it explains the important limits on what the app can tell you.

In plain terms: ingredient data comes from outside us and can be wrong, and the disclaimer (which is part of this agreement) explains the limits.

Sage and AI features

Sage and other AI features generate their responses automatically, and those responses can be incorrect or incomplete. They must not be relied on for a safety decision.

To produce a response, your Sage prompts and the context needed to answer them are sent to our AI provider. That content is used to generate your answer and is not used to train the provider's models.

In plain terms: AI answers are generated and can be wrong, and your prompts are sent to our AI provider only to answer you, not to train their AI.

Subscriptions and payment

Chomply offers a free tier with usage limits and a paid "Pro" tier that unlocks additional features. Paid subscriptions are billed through our payment processor, Stripe.

Subscriptions renew automatically at the end of each billing period until you cancel, and payment is taken in advance for each period. Full details of billing, cancellation, price changes and your refund rights are set out in our Refunds, Billing and Cancellation policy, which forms part of these terms.

In plain terms: there is a free tier and a paid Pro tier that auto-renews until you cancel, and the refunds policy has the detail.

Changes to the service

We may add, change, suspend or remove features of Chomply from time to time as the app develops.

Where we make a material adverse change to a paid feature you rely on, we will give you reasonable notice. We are not otherwise obliged to maintain any particular feature indefinitely.

In plain terms: the app will keep changing, and we will give fair notice before materially cutting back a paid feature.

Suspension and termination

We may suspend or close your account if you breach these terms, if we are required to by law, if your use poses a security or fraud risk, or if you fail to pay for a paid subscription.

Where it is practicable and lawful to do so, we will give you notice and an opportunity to fix the problem. You may close your account at any time from your account settings or by contacting us at [[LEGAL.CONTACT_EMAIL NOT SET]].

In plain terms: we can suspend or close an account for good reason, we will warn you where we reasonably can, and you can leave whenever you like.

Intellectual property

The Chomply app, its branding, its design, its database structure and the original content we create are owned by us or our licensors, and are protected by intellectual property laws.

Except for the limited licence granted to you above, nothing in these terms gives you any right in our intellectual property.

In plain terms: the app and its branding are ours, and using it does not make any of that yours.

Third-party services and links

Chomply relies on third-party services and may contain links to third-party sites. We do not control those services or sites and are not responsible for their content, availability, or practices.

Your use of a third-party service is governed by that third party's own terms and privacy policy.

In plain terms: where we connect to or link to someone else, that someone else is responsible for their own service.

Disclaimers

To the maximum extent permitted by law, and subject to the Australian Consumer Law clause below, Chomply is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied.

We do not warrant that the service will be uninterrupted, error-free, or that any result, data or content will be accurate or complete. This clause is subject to, and does not limit, your rights under the Australian Consumer Law.

In plain terms: we provide the app as it is and cannot promise it is perfect or always available, but this does not remove your legal consumer rights.

Limitation of liability

To the maximum extent permitted by law, and subject to the Australian Consumer Law clause below, we are not liable to you for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, data, goodwill or anticipated savings, arising out of or in connection with your use of Chomply.

To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with the service is limited to the greater of the fees you paid to us in the twelve months immediately before the event giving rise to the claim, or one hundred Australian dollars (AUD 100).

In plain terms: we are not responsible for knock-on losses, and there is an overall cap on what we could owe you, set out above and subject to your consumer rights.

[FOR LEGAL REVIEW: confirm the cap figure and structure, and whether a separate carve-out is needed for personal injury claims.]

Your rights under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under that law or any other law that cannot lawfully be excluded.

Where the law permits us to limit our liability for a breach of a consumer guarantee (other than a guarantee that cannot be limited), our liability is limited, at our option, to resupplying the relevant service or paying the cost of having it resupplied.

In plain terms: your Australian consumer guarantees always apply, and where the law lets us cap things, we limit it to giving you the service again or paying for it to be provided again.

Indemnity

To the extent permitted by law, you agree to indemnify us against any loss, liability, cost or expense we reasonably incur arising out of your breach of these terms or your unlawful or unauthorised use of the service.

This indemnity does not apply to the extent the loss was caused by our own breach, negligence or wrongful act.

In plain terms: if we suffer a loss because you broke these terms or used the app unlawfully, you cover us for it, except where the loss was our fault.

Force majeure

We are not liable for any failure or delay in performing our obligations that is caused by an event beyond our reasonable control, including natural disasters, acts of government, war, civil unrest, industrial action, network or power failures, or the failure of a third-party provider.

While such an event continues, our affected obligations are suspended, and we will take reasonable steps to resume normal service.

In plain terms: if something outside our control stops us delivering the service, we are not in breach for that.

Changes to these terms

We may update these terms from time to time. When we do, we will publish the updated version with a new effective date.

Where a change is material, we will require you to accept the new terms before you continue to use the app. Continuing to use Chomply after a non-material update means you accept the updated terms.

In plain terms: we can update these terms, we will date the new version, and for big changes we will ask you to accept them before you carry on.

Assignment

We may assign or transfer our rights and obligations under these terms, for example as part of a sale or restructure of our business, provided your rights are not materially prejudiced.

You may not assign or transfer your rights or obligations under these terms without our prior written consent.

In plain terms: we can hand this agreement to a successor business, but you cannot transfer your account to someone else without our okay.

Governing law and jurisdiction

These terms are governed by the laws in force in [[LEGAL.GOVERNING_STATE NOT SET]].

You and we submit to the non-exclusive jurisdiction of the courts of [[LEGAL.GOVERNING_STATE NOT SET]] and the courts competent to hear appeals from them.

In plain terms: the law of [[LEGAL.GOVERNING_STATE NOT SET]] applies, and its courts can hear any dispute.

Resolving a dispute

If you have a problem, please contact us first at [[LEGAL.CONTACT_EMAIL NOT SET]] so we can try to resolve it directly. Most issues can be sorted out this way.

If we cannot resolve the dispute within a reasonable time, both parties agree to attempt resolution through mediation before starting court proceedings, except where urgent injunctive relief is needed. Nothing in this clause prevents either party from exercising rights it cannot lawfully be required to give up.

In plain terms: talk to us first, then try mediation, and go to court only if those do not resolve it.

Severability and entire agreement

If any part of these terms is found to be invalid or unenforceable, that part is severed to the minimum extent necessary and the rest of the terms continue in force.

These terms, together with the policies referred to in them, are the entire agreement between you and us about your use of Chomply, and replace any earlier understanding on that subject.

In plain terms: if one clause fails, the rest still stands, and this agreement plus the linked policies is the whole deal.

How to contact us

You can contact us at:

[[LEGAL.ENTITY_NAME NOT SET]] ABN [[LEGAL.ABN NOT SET]] [[LEGAL.REGISTERED_ADDRESS NOT SET]] Email: [[LEGAL.CONTACT_EMAIL NOT SET]]

In plain terms: those are our details if you need to reach us about these terms.