Terms of Use — Spencly

These Terms of Use ("Terms") govern your use of the Spencly iOS app (the "App") and related services (together, the "Services"), provided by Spencly ("Spencly," "we," "us"). By downloading, accessing, creating an account for, or using the App, you agree to these Terms and our Privacy Policy.

1. Acceptance of terms

By creating an account or using the App, you confirm that you can form a binding contract and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.

2. Description of service

Spencly helps you track what's in your fridge, plan meals and recipes, generate shopping lists, and follow your grocery spending. Some content and features — including receipt and recipe extraction — are generated or supported with the help of artificial intelligence and automated processing and may occasionally be inaccurate, incomplete, or unavailable. You should verify important information, including quantities, prices, ingredients, and dates, before relying on it.

3. Eligibility and accounts

You are responsible for providing accurate information when creating an account and for keeping your account credentials secure. You are responsible for activity that occurs through your account, except where unauthorized activity results from our failure to use reasonable security measures.

Spencly is not designed to knowingly collect or process personal information from users under 16. If you are under 16, please do not provide personal information through the App. If we become aware that we have collected personal information from a user under 16, we will take reasonable steps to delete it in accordance with our Privacy Policy.

4. Subscriptions and billing

Spencly is offered through a paid subscription. There is currently no free tier, although we may offer a free trial period for new subscribers. If a free trial is offered, your subscription automatically converts to a paid subscription at the end of the trial unless you cancel at least 24 hours before the trial ends. Subscription purchases are processed through the Apple App Store and billed to your Apple Account. Your subscription is also subject to Apple's applicable terms and conditions.

Payment is charged to your Apple Account at confirmation of purchase.
Your subscription automatically renews at the end of each subscription period unless you cancel it. To avoid being charged for the next subscription period, you must cancel your subscription at least 24 hours before the end of the current subscription period.
You can manage or cancel your subscription through your Apple Account subscription settings. After cancellation, you will generally continue to have access to the subscribed features until the end of the current paid subscription period.
We may change subscription prices for future subscription periods. Where required by applicable law or Apple's policies, we will provide any required notice of a price change.
Refund requests for App Store purchases are handled by Apple in accordance with Apple's applicable refund policies and procedures. Spencly does not independently process App Store refunds.

5. AI-generated content

Some features of the App use artificial intelligence, machine learning, or automated processing. AI-generated information may be inaccurate, incomplete, outdated, or unsuitable for your particular circumstances. You are responsible for reviewing and verifying AI-generated content before relying on it.

Spencly does not guarantee the accuracy or completeness of AI-generated recipes, ingredient identification, product identification, quantities, prices, expiration or freshness information, spending estimates, or other recommendations.

6. Food safety, allergens, and dietary information

Spencly does not provide food safety, nutritional, dietary, medical, or other professional advice. Information regarding food freshness, storage, expiration dates, recipes, ingredients, preparation, or dietary preferences is provided for general informational purposes only.

You are solely responsible for determining whether food is safe to consume and for following applicable food safety guidance, product labels, storage instructions, and applicable laws. Do not consume food based solely on information provided by the App.

7. Your content

You retain ownership of the content you add to the App, including receipts, fridge items, notes, recipes, meal plans, shopping lists, and similar content ("Your Content").

You grant Spencly a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and technically modify Your Content as reasonably necessary to operate, maintain, secure, and improve the App and to provide the features you request.

You are responsible for ensuring that you have the rights and permissions necessary to upload and use Your Content. You must not upload content that violates applicable law or infringes another person's rights.

We handle personal information contained in Your Content in accordance with our Privacy Policy.

8. Acceptable use

You agree not to misuse the App. This includes, without limitation:

attempting to disrupt, damage, disable, overburden, or interfere with the App or its infrastructure;
reverse-engineering, decompiling, disassembling, or attempting to derive source code, except where applicable law expressly permits it;
using the App to upload, transmit, store, or distribute unlawful, fraudulent, abusive, defamatory, or infringing content;
circumventing subscription, access, security, or usage restrictions; or
using the App in violation of applicable laws or third-party rights.

9. Third-party services

The App relies on third-party services, including Apple, Google Firebase, OpenAI, RevenueCat, Airbridge, Sentry, Meta, TikTok, and other providers that may be added or replaced from time to time. These services may be necessary for authentication, storage, AI processing, subscriptions, diagnostics, analytics, attribution, or other App functions.

Third-party services are governed by their own terms and privacy policies. To the extent permitted by law, Spencly is not responsible for outages, delays, errors, changes, or other issues caused by third-party services that are outside our reasonable control.

10. Intellectual property

The App, including its software, interface, design, text, graphics, branding, trademarks, and other materials provided by Spencly, is owned by us or our licensors and is protected by intellectual property laws.

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the App for your own lawful, non-commercial purposes. These Terms do not grant you any ownership interest in the App or any rights to our trademarks or branding beyond normal use of the App.

11. Service availability and changes

We may modify, suspend, or discontinue the App or any part of the Services, including features, content, integrations, or availability, at any time for business, technical, security, legal, or other reasons.

We do not guarantee that any particular feature will always be available or that the App will remain unchanged. If a material change to a paid feature materially affects your subscription, we will handle that change in accordance with applicable law and Apple's applicable policies.

12. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THAT THE APP WILL BE ACCURATE, RELIABLE, SECURE, UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF AI-GENERATED CONTENT, RECIPE RECOMMENDATIONS, FOOD INFORMATION, PRICE INFORMATION, EXPIRATION INFORMATION, OR OTHER OUTPUTS PROVIDED THROUGH THE APP.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPENCLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SPENCLY FOR THE APP OR SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

14. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Spencly and its affiliates, licensors, service providers, officers, employees, and contractors from and against claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to your unlawful use of the App, your violation of these Terms, or your infringement of another person's rights, except to the extent caused by Spencly's own willful misconduct or as otherwise prohibited by applicable law.

15. Termination

You may stop using the App and delete your account at any time through the available account controls in the App. Deleting your account does not automatically cancel an App Store subscription; you must separately cancel the subscription through your Apple Account subscription settings.

We may suspend or terminate your access to the App if we reasonably believe that you have violated these Terms, created a security or legal risk, engaged in fraud or abuse, or used the App unlawfully.

Upon termination, your right to access and use the App may end. We may retain certain information where required by law or as described in our Privacy Policy.

16. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, notify you within the App or by other reasonable means. Your continued use of the App after the updated Terms become effective constitutes acceptance of the changes, to the extent permitted by applicable law.

17. Apple App Store terms

If you downloaded the App from Apple's App Store, these Terms are between you and Spencly, not Apple.

Apple is not responsible for the App or its content, or for providing maintenance or support services, except as required by applicable law. Your use of the App must comply with applicable Apple terms and conditions.

Spencly, not Apple, is responsible for addressing claims relating to the App, including product liability claims, claims that the App fails to meet applicable legal or regulatory requirements, and claims under consumer protection laws, to the extent permitted by applicable law.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as third-party beneficiaries, where applicable.

18. General provisions

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Entire agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Spencly regarding your use of the App, except for any additional terms that expressly apply to particular features or services.

19. Contact us

Questions about these Terms can be sent to privacy@spencly.app.