Terms of Service

These terms are the agreement between you and IQUAPOT Proprietary Limited (“IQUAPOT”, “we”, “us”) for using the IQUAPOT website and app. Please read them. We have kept them as plain as we can, and each section starts with a short summary.

1. The agreement, and the words we use

Who we are. IQUAPOT Proprietary Limited (ACN 702 803 352, ABN 52 702 803 352), trading as IQUAPOT, of 29 Direction Drive, Tarneit VIC 3029, Australia. You can reach us at contact@iquapot.com.

When you accept. You accept these terms when you create an account, or when you use the app or the website. If you do not agree to them, do not use IQUAPOT.

What else applies. Our Privacy Policy explains how we handle personal information.

Words with a particular meaning:

• Service means the IQUAPOT app, this website, and everything we provide through them.
• Shared Pot means a group record in which members chip in towards a target, log what is spent from it, and settle what is left at the end.
• Split Bill means a record of a single bill that one person paid and the group shares.
• Group means the people in a Shared Pot or a Split Bill.
• Member means a person in a Group. The admin is the Member who manages it.
• Content means anything you put into the Service: names, amounts, descriptions, comments, receipts and other files.
• You means the person using the Service.

2. Who can use IQUAPOT

To use the Service you must:

• be 18 or older;
• be legally able to enter into a contract;
• not be barred from using the Service by any law that applies to you, including sanctions and export-control laws;
• have one account only, for yourself; and
• give us accurate information and keep it up to date.

3. What IQUAPOT is, and what it is not

Shared Pots and Split Bills. In a Shared Pot, a Group sets a target, Members chip in and can attach proof of payment, expenses are logged against the Shared Pot, and at the end the app works out who should pay whom with the fewest transfers. In a Split Bill, one person pays a bill and the app divides it equally, among those who took part, by item, or by custom amounts or percentages.

The records are informal. The amounts shown in the Service are records that Members agree between themselves. They are not a legally binding debt, guarantee or loan, and the Service does not create one. We do not check that the amounts are right, that a payment was made, or that an attached file is genuine. Proof-of-payment files are supplied by Members.

IQUAPOT does not handle money. IQUAPOT is not a bank, financial institution, payment service provider, e-money issuer or money transmitter. It does not hold, receive or transfer funds, and it does not give financial advice. Every payment happens directly between Members, outside the app, using their own bank or payment app. Those payments are between you, the other Members and your payment provider. We are not a party to them.

Exchange rates shown in the app are indicative. The rate your bank or payment provider applies may be different.

Automatic features. Bill Scan reads a photographed receipt and fills in the bill. It can misread. Check the result before you rely on it.

4. Your account

You can sign in with an email address, a phone number and a one-time code, or Google. You can also turn on Face ID, Touch ID or fingerprint sign-in, which happens on your device.

You agree to:

• keep your password and your device secure;
• not let anyone else use your account;
• keep your email address or phone number current, because that is where we send notices; and
• tell us at contact@iquapot.com as soon as you think someone has used your account without your permission.

You are responsible for what is done through your account until you tell us it has been compromised.

5. Shared Pots, Split Bills and groups

Creating and inviting. Anyone with an account can start a Shared Pot or a Split Bill and invite people to it with a link or an 8-character code. Anyone who has the link or the code can ask to join, so share them only with the people you mean to invite.

The admin. The person who starts a Group is its admin. The admin can set the target, record what Members have chipped in, remove a Member, and hand the admin role to another Member.

[PLACEHOLDER: who can add, edit and delete entries in a Shared Pot or a Split Bill (the admin only, or any Member), to be confirmed with the app developer]

If you are the admin, or you hold the group’s money, you do so personally, outside the Service, and you are responsible to your Group for it. You agree to keep honest records and to handle the money lawfully. We do not hold it and cannot recover it for anyone.

Visibility. Every Member can see the Group’s records, including your name, what you chipped in, the expenses, the attached files and the comments.

Leaving. You can leave a Group at any time. Its records stay visible to the remaining Members, with your identifying details removed, because the record belongs to the whole Group. Leaving a Group in the app does not change what you and the other Members owe each other outside it.

Reporting. You can report a Member or a Group to us at contact@iquapot.com. We may remove Content or a Member that breaks these terms.

6. Using IQUAPOT fairly

You agree to use the Service only for lawful purposes. You must not:

• use it for fraud, to launder money, to fund anything illegal, or to disguise where money came from;
• use it to run a business that needs a licence, such as lending, taking deposits, moving money for others, gambling or collecting for investments;
• harass, threaten, bully or deceive another person;
• pretend to be someone else, or create accounts or Groups that are not genuine;
• add Content that is illegal, hateful, sexually explicit, deceptive, or that infringes someone else’s rights;
• copy, scrape or harvest information from the Service by automated means;
• reverse engineer, decompile or tamper with the Service, except where the law gives you a right to that we cannot take away;
• interfere with the Service, overload it, or get around its security or its limits;
• upload malicious code; or
• sell, rent or share access to your account.

We may investigate a suspected breach of this section and act on it as set out in section 13.

7. Your content

You own your Content. These terms do not give us ownership of it.

The permission you give us. You give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, display and process your Content, only as far as is needed to run the Service for you and your Groups, and only for as long as we hold the Content. This includes showing it to the other Members of your Groups.

Your promise. You confirm that you have the right to add the Content you add, and that it does not break these terms or anyone else’s rights.

Removing Content. We may remove or hide Content that breaks these terms or the law. Where we reasonably can, we will tell you what we removed and why.

Copyright and other complaints. If you believe Content in the Service infringes your rights, email contact@iquapot.com with: what the work is, where the Content is, your contact details, and a statement that you believe in good faith the use is not authorised. We will look into it and respond.

8. Our service and our rights in it

Ownership. We, or the people who license to us, own the Service, including its software, design, text, graphics, the name IQUAPOT and the pot logo. Nothing in these terms transfers any of that to you.

Your licence. While you follow these terms, we give you a personal, non-exclusive, non-transferable licence that we can withdraw under section 13, to install and use the app on devices you own or control and to use the website, for your own non-commercial purposes.

Feedback. If you send us ideas or suggestions, we may use them freely and without payment. You do not have to send any.

9. Plans, prices, subscriptions and refunds

[PLACEHOLDER: confirm the pricing model, the plan names and whether there is a free trial. The plan contents below come from the app prototype. No price is stated here or anywhere on the site: the stores show it.]

The plans. There is a free plan, IQUAPOT FREE, and a paid plan, IQUAPOT PLUS. The free plan covers one active Pot at a time, Groups of up to 5, Split Bill with Equal and Fair Share, and keeps your 3 most recent completed Groups. The paid plan adds unlimited Pots and Members, Items and Custom splits, Bill Scan, unlimited history, duplicating a Group, totals across currencies, exporting and printing the settle-up, and a different currency for each Group.

Prices. The price in your currency, including any tax, is shown by the App Store or Google Play before you buy.

Subscriptions renew automatically. A paid subscription renews at the end of each period, at the price then current, until you cancel. You are charged through your App Store or Google Play account. To stop the next charge, cancel at least 24 hours before the end of the current period.

How to cancel. Cancel in your App Store or Google Play subscription settings. Deleting the app does not cancel a subscription. After you cancel, you keep the paid features until the end of the period you have paid for.

Price changes. If we change the price of a subscription, we will tell you in advance, and the change will apply only from your next renewal. You can cancel before then.

Refunds. Purchases are made through Apple or Google, and refund requests are handled by them under their policies. Where the law gives you a right to a refund from us, we will honour it.

If you live in the European Economic Area or the United Kingdom, you have 14 days from the day you buy a subscription to change your mind and cancel for a full refund, without giving a reason. If you ask us to start the paid service during those 14 days, you agree that we may charge for the part you used before you cancelled. [PLACEHOLDER: lawyer to confirm how the withdrawal right is presented in the purchase flow.]

If you are in Australia, the consumer guarantees described in section 14 apply to paid services, and nothing in this section limits them.

10. Beta features

We may offer features, or whole versions of the app, before they are finished. If you use them:

• they may not work properly, may change, and may be withdrawn, and information in a test build may be lost;
• we ask for your honest feedback;
• please do not share screenshots or details of unreleased features publicly until we release them; and
• using a test build is voluntary and unpaid, and it does not make you our employee or contractor.

Your rights under consumer law are not affected.

11. Other companies’ services

The Service works alongside services we do not run: the App Store and Google Play, Google sign-in, your bank and payment apps, and the sites we link to. Your use of those services is covered by their own terms and privacy policies. We are not responsible for them, and we do not endorse them by linking to them.

12. Changes to the service and to these terms

Availability. We work to keep the Service running, but we do not promise it will always be available or free of faults. It may be interrupted for maintenance, for updates, or by things outside our control.

Changes to the Service. We may add, change or remove features. If we remove a feature you pay for, or make it materially worse, we will tell you in advance, and you may cancel and receive a refund for the unused part of what you have paid.

Changes to these terms. We may change these terms for good reasons, for example because the law changes, we add a feature, or we need to fix something that is unclear. If a change is material, we will tell you by email or by a notice in the app at least 14 days before it takes effect. If you keep using the Service after a change takes effect, you accept it. If you do not agree, you can stop using the Service and close your account before then, and we will refund the unused part of anything you have paid.

Changes that only benefit you, fix a mistake, or are required by law may take effect sooner. We will still tell you about them.

13. Suspending and ending

You can stop at any time. Delete your account in the app, or ask us to at our account and data deletion page. Cancel any subscription in your App Store or Google Play settings first.

We may suspend or close your account if:

• you seriously or repeatedly break these terms;
• we reasonably believe your account is being used for fraud, or in a way that harms other people or the Service;
• the law, a court or a regulator requires it;
• you have not used your account for a long time ([PLACEHOLDER: inactivity period, for example 24 months]), and we have given you notice; or
• we stop providing the Service altogether.

We will tell you. Where we reasonably can, we will tell you in advance, give you our reasons and give you a chance to put things right. We may act straight away, without notice, only where that is needed to prevent harm or to comply with the law. If you think we got it wrong, email contact@iquapot.com and we will review the decision.

If we close your account and you have not broken these terms, or if we stop providing the Service, we will refund the unused part of anything you have paid.

What happens afterwards. Your licence to use the Service ends. We delete or de-identify your information as our Privacy Policy describes. The records of Groups you were in stay visible to their other Members without your identifying details.

What continues. Sections 3, 7, 8, 15, 16, 17, 19 and 20 continue to apply after these terms end, to the extent they are relevant.

14. What we promise, and what we do not

Your rights under consumer law. Nothing in these terms excludes, restricts or changes any guarantee, right or remedy that the law gives you and that cannot be excluded, restricted or changed by agreement.

If you are a consumer in Australia, our services come with guarantees under the Australian Consumer Law that cannot be excluded, including that services will be provided with due care and skill and will be reasonably fit for their purpose. If there is a major failure with a service, you are entitled to cancel it and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure is not a major failure, you are entitled to have it put right in a reasonable time and, if it is not, to cancel and obtain a refund for the unused portion. [PLACEHOLDER: lawyer to confirm the Australian Consumer Law wording.]

If you are a consumer in the European Economic Area or the United Kingdom, you have legal rights if digital content or a digital service is not as described, not fit for purpose or not of satisfactory quality, including under the Consumer Rights Act 2015 in the UK. These terms do not reduce those rights.

Otherwise, and only as far as the law allows, the Service is provided “as is” and “as available”. We do not promise that it will meet every need you have, that it will be uninterrupted or error-free, or that the records your Group enters are accurate. We do not give financial, tax or legal advice.

15. Our responsibility to you

What is never limited. Nothing in these terms limits or excludes our responsibility for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for the consumer guarantees and rights described in section 14, or for anything else the law does not allow us to limit or exclude.

What we are responsible for. If we break these terms or fail to take reasonable care, we are responsible for loss or damage you suffer that was a foreseeable result. Loss is foreseeable if it was obvious it would happen, or if we both knew it might when you accepted these terms.

What we are not responsible for, as far as the law allows:

• loss that was not foreseeable;
• loss caused by another Member, including a Member who does not pay what they owe, records a wrong amount, or attaches a false proof of payment;
• loss arising from payments made outside the Service, or from your bank or payment provider;
• loss caused by events outside our reasonable control; and
• business losses, such as lost profit or lost opportunity. The Service is for personal use.

The limit. As far as the law allows, our total responsibility to you for all claims connected with the Service in any 12-month period is limited to [PLACEHOLDER: the liability cap, for example the greater of the amount you paid us in the previous 12 months and AUD 100, to be set by the lawyer].

Both ways. These limits apply equally to claims we might bring against you, other than under section 16.

16. Your responsibility to us

If someone makes a claim against us because you used the Service unlawfully or broke these terms, you agree to compensate us for the reasonable losses and costs that result, including reasonable legal costs. This applies only to the extent that your conduct caused the claim, and not to the extent that we caused or contributed to it. We will tell you about the claim promptly, take reasonable steps to keep our losses down, and let you have your say before we settle it.

17. Extra terms for the App Store and Google Play

If you got the app from the Apple App Store

• This agreement is between you and IQUAPOT Proprietary Limited only, not Apple. We, not Apple, are solely responsible for the app and its content.
• Licence. Your licence is a non-transferable licence to use the app on Apple-branded devices that you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions allow. The app may also be used by other accounts linked to yours through Family Sharing or volume purchasing.
• Maintenance and support. We are solely responsible for maintaining and supporting the app. Apple has no obligation to do so.
• Warranty. We are solely responsible for any warranty that applies to the app. If the app fails to conform to a warranty, you may tell Apple, and Apple will refund what you paid for the app, if anything. As far as the law allows, Apple has no other warranty obligation for the app.
• Product claims. We, not Apple, are responsible for dealing with any claim you or anyone else has about the app or your use of it, including product liability claims, claims that the app does not meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• Intellectual property. If someone claims that the app, or your use of it, infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• Legal compliance. You confirm that you are not in a country subject to a United States Government embargo, or one the United States Government has designated as a “terrorist supporting” country, and that you are not on any United States Government list of prohibited or restricted parties.
• Our name and address. Questions, complaints and claims about the app go to IQUAPOT Proprietary Limited, 29 Direction Drive, Tarneit VIC 3029, Australia, contact@iquapot.com.
• Other terms. You must comply with any third-party terms that apply when you use the app, such as your mobile data agreement.
• Apple’s rights. Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept these terms, Apple has the right to enforce them against you as a third-party beneficiary.

If you got the app from Google Play

Your use of Google Play is covered by the Google Play Terms of Service, and refunds for purchases made through Google Play are handled under Google’s refund policy as well as the rights described in section 9. This agreement is between you and IQUAPOT Proprietary Limited, not Google.

18. Law and disputes

Talk to us first. If something has gone wrong, email contact@iquapot.com. We will try to sort it out with you within 30 days.

Mediation. If we cannot resolve it together, either of us may propose mediation before going to court, and we will each consider it in good faith. Neither of us has to mediate before seeking urgent relief from a court.

Which law applies. These terms are governed by the laws of Victoria, Australia. [PLACEHOLDER: lawyer to confirm the governing law.]

Which courts. The courts of Victoria, Australia can hear disputes about these terms. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in the courts of that country. Nothing in this section takes that away.

United States. [PLACEHOLDER: lawyer’s decision on whether to include an arbitration agreement and class-action waiver for users in the United States, with a 30-day right to opt out.]

19. Everything else

• The whole agreement. These terms and the policies they refer to are the whole agreement between you and us about the Service. They replace anything agreed before.
• If part of it fails. If a court finds that part of these terms cannot be enforced, the rest still applies.
• No waiver. If either of us does not enforce a right straight away, that right is not lost.
• Transferring the agreement. We may transfer our rights and duties under these terms to a company that takes over the Service. We will tell you beforehand, your rights will not be reduced, and you can close your account if you do not agree. You may not transfer your rights or duties without our consent.
• Events outside our control. Neither of us is responsible for a delay or failure caused by something outside our reasonable control.
• Notices. We send notices to the email address or phone number on your account, or through the app. Send notices to us at contact@iquapot.com.
• Language. These terms are written in English. If we provide a translation and the two differ, the English version applies, unless the law where you live says otherwise.
• Sanctions and export. You must not use the Service in a way that breaks sanctions or export-control laws.
• No one else has rights. Except for Apple under section 17, no one other than you and us has any right to enforce these terms.

20. Contact and version history

Email contact@iquapot.com. Post: IQUAPOT Proprietary Limited, 29 Direction Drive, Tarneit VIC 3029, Australia.