Terms of Service

1. About These Terms

1.1 Agreement

These Terms of Service ("Terms") are a legal agreement between you and FindFetcher ("we", "us", or "our"). By creating an account or using our website at findfetcher.com (the "Website"), our mobile application available on the Apple App Store and Google Play Store (the "App"), or related services (collectively, the "Service"), you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Service.

1.2 Eligibility

To use FindFetcher, you must be at least 18 years old and capable of entering into a legally binding agreement. By using our Service, you represent that you meet these requirements.

1.3 Additional Policies

Your use of our Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. If you access our Service through the App, your use is also subject to the applicable app store terms (Apple Media Services Terms and Conditions or Google Play Terms of Service).

2. The FindFetcher Service

2.1 What We Provide

FindFetcher is an automated monitoring service that helps you find deals on products and services. Our Service:

• Monitors online marketplaces (including Facebook Marketplace, Gumtree, and others) based on your specified criteria
• Uses artificial intelligence to match listings to your requirements
• Sends you email and push notifications when potential matches are found
• Provides a web dashboard and mobile app to manage your monitoring requests ("fetches")

2.2 What We Don't Provide

FindFetcher is a notification service only. We do not:

• Sell products or services directly
• Guarantee the availability, price, or authenticity of listed items
• Facilitate transactions between buyers and sellers
• Verify or endorse sellers on third-party marketplaces

Any transactions you make on third-party marketplaces are between you and the seller, subject to that marketplace's terms and conditions.

2.3 AI-Powered Features Disclaimer

2.4 Non-Party to Transactions

FindFetcher is not a party to any transaction between you and a seller or marketplace. We are not an agent, broker, or intermediary. We do not hold funds in escrow, facilitate payments, or guarantee the performance of any seller. All transactions you enter into based on our match notifications are solely between you and the relevant seller, subject to that seller's or marketplace's terms and conditions.

2.5 Voice Input

Our Service offers optional voice input for creating fetches. When you use this feature, your audio is transmitted to OpenAI for transcription. Audio is not stored by us or OpenAI after transcription is complete — only the resulting text is retained as part of your fetch criteria. By using voice input, you consent to this processing. You can always use text input instead.

2.6 Push Notifications

If you enable push notifications on our App, you may receive notifications for:

• New match alerts when items matching your fetch criteria are found
• Price drop notifications
• Fetch status updates (e.g., paused, completed, errors)
• Service announcements and important account updates

Push notifications require device-level opt-in. You can disable push notifications at any time through your device settings or the App's notification preferences. Disabling push notifications does not affect email notifications.

2.7 Geographic Scope

FindFetcher is an Australian-based service, optimised for Australian users and marketplaces. While the Service may be accessible from other countries, we make no guarantees regarding availability, accuracy, or suitability of results outside Australia. All pricing is in Australian Dollars (AUD).

2.8 Wishlist

Our Service includes a wishlist feature that lets you save items of interest without actively monitoring them. Wishlist items are not counted towards your fetch slot limits. Wishlist data is retained while your account is active and deleted when you delete your account.

3. Your Account

3.1 Account Creation

To use FindFetcher, you must create an account by providing a valid email address and creating a password, or by signing in with Google. You can create an account on our Website or by downloading our App. You agree to provide accurate information and keep it up to date.

3.2 Account Security

You are responsible for maintaining the security of your account credentials. You should:

• Choose a strong, unique password
• Not share your login credentials with others
• Notify us immediately if you suspect unauthorized access to your account

3.3 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

4. Service Plans and Pricing

4.1 Free Plan

The Free plan includes:

• Unlimited wishlist items
• 1 active monitored fetch
• Daily monitoring
• Email notifications

4.2 Plus Plan

The Plus plan ($9 AUD per month) includes:

• Unlimited wishlist items
• Up to 5 active monitored fetches (base)
• Daily monitoring
• Priority email notifications
• Image upload for product matching
• Option to add more slots at $1/month each (charged immediately and prorated to your billing cycle)

4.3 Pro Plan

The Pro plan ($19 AUD per month) includes:

• Unlimited wishlist items
• 9 standard daily fetches plus 1 premium hourly slot
• Daily and hourly monitoring options
• Priority email notifications
• Image upload for product matching
• Calendar integration and advanced features
• Option to add more standard slots ($1/month) or premium slots ($12/month), charged immediately and prorated to your billing cycle

4.4 Pricing Changes

We may change our pricing from time to time. If we change the price of your subscription plan, we will give you at least 30 days' notice before the new price takes effect. You may cancel your subscription before the price change if you do not agree to the new pricing.

5. Payments and Billing

5.1 Payment Processing

Payments are processed securely by Stripe (PCI-DSS Level 1 certified), our third-party payment processor. By subscribing to a paid plan, you expressly authorise us to charge your payment method through Stripe on a recurring monthly basis. Payment card data is handled directly by Stripe and is never transmitted to or stored on our servers.

5.2 Billing Cycle

Paid subscriptions are billed in advance at the interval you select — either monthly or annually. Annual subscriptions are billed for the full year upfront at a discounted rate compared to 12 months of monthly billing. Your billing cycle begins on the date you first subscribe and renews on the same date each month or year, depending on your selected interval.

5.2a Plan Upgrades and Add-On Slots

When you upgrade your plan (e.g. Plus to Pro) or purchase add-on monitoring slots, you will be charged immediately for the prorated amount covering the remainder of your current billing period. From the next billing cycle onward, the full price of the upgrade or add-on will be included in your regular subscription invoice. Downgrade credits are applied to your next invoice rather than refunded immediately. You can manage and cancel individual add-on slots independently from your base plan through your account settings.

5.3 Failed Payments

If a payment fails, we will notify you via email and retry the payment after 3 days. If the retry fails, we will send a second notification and provide you with 7 days to update your payment method. If payment cannot be collected after this grace period, we may downgrade your account to the Free plan. You will not be charged late fees for failed payments.

5.4 Taxes

All prices displayed are in Australian Dollars (AUD) and include GST (Goods and Services Tax) at the current rate of 10%.

6. Subscriptions and Automatic Renewal

6.1 Automatic Renewal

Your subscription will automatically renew at the end of each billing period (monthly or annually, depending on your selected plan) unless you cancel it. The renewal charge will be at the then-current subscription rate for your selected billing interval. By subscribing to a paid plan, you expressly consent to automatic renewal charges at your chosen interval. You can cancel at any time before the next renewal date to stop future charges.

6.2 Renewal Reminders

We will send you a reminder email at least 7 days before your subscription renews, giving you the opportunity to cancel if you wish.

6.3 How to Cancel

You can cancel your subscription at any time through your account settings or by contacting us at joey@findfetcher.com.au. Cancellation is straightforward and can be completed in a few clicks.

6.4 Effect of Cancellation

When you cancel your subscription:

• Your subscription remains active until the end of the current billing period (month or year, depending on your plan)
• You will not be charged for future billing periods
• After your subscription ends, your account will revert to the Free plan
• Your fetches above the Free plan limit will be paused (not deleted) and can be reactivated if you resubscribe
• Any active add-on slots will also be cancelled at the end of the billing period

6.5 Free Trials

We may offer free trial periods for paid plans. If you start a free trial:

• The trial duration will be clearly stated at sign-up
• You may need to provide a payment method to start the trial
• At the end of the trial, your subscription will automatically convert to a paid plan at the advertised rate unless you cancel before the trial ends
• You can cancel at any time during the trial without charge through your account settings
• If you cancel during the trial, you will retain access to trial features until the trial period expires

We will send you a reminder email before your trial ends to give you the opportunity to cancel if you do not wish to continue with a paid subscription.

7. Refunds and Consumer Guarantees

7.1 Australian Consumer Law

Under the Australian Consumer Law, you have statutory guarantees that services will be provided with due care and skill, be fit for any specified purpose, and be provided within a reasonable time.

7.2 When Refunds Apply

You may be entitled to a refund if:

• The Service has a major failure that cannot be remedied
• We fail to provide the Service with due care and skill
• You cancel within 14 days of your initial subscription and have not used the premium features significantly

Refunds will be calculated on a pro-rata basis for any unused portion of the current billing period.

7.2a Annual Subscription Refunds

For annual subscriptions specifically: you may cancel within 14 days of your initial annual subscription for a full refund. After 14 days, cancellations are effective at the end of the annual period, or you may request a pro-rata refund for the unused portion of your annual subscription. This is in addition to any rights you have under the Australian Consumer Law (see Section 7.1).

7.3 When Refunds Don't Apply

Subject to your rights under Australian Consumer Law, refunds generally do not apply if:

• You simply change your mind about the subscription
• You found a better deal elsewhere
• You didn't find items matching your criteria (we don't guarantee matches)
• Items you were notified about were no longer available when you checked

7.4 How to Request a Refund

To request a refund, please contact us at joey@findfetcher.com.au with:

• Your account email address
• The reason for your refund request
• Any relevant details or screenshots

We will respond to refund requests within 7 business days.

8. Acceptable Use Policy

8.1 Permitted Use

You may use FindFetcher for personal, non-commercial purposes to monitor products and services you are genuinely interested in purchasing.

8.2 Prohibited Conduct

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to access unauthorised areas of our systems or infrastructure
• Reverse engineer, decompile, or disassemble our software
• Use automated tools (bots, scrapers) to abuse or overload our Service
• Resell, redistribute, or commercialise our Service without written permission
• Create multiple accounts to circumvent plan limits or avoid suspension
• Interfere with other users' use of the Service
• Submit false, misleading, or inappropriate content
• Use the Service to facilitate scams, fraud, or deceptive practices
• Distribute modified, cracked, or unofficial versions of our App

8.3 Consequences of Violation

If you violate this Acceptable Use Policy, we may:

• Issue a warning
• Temporarily suspend your account
• Permanently terminate your account
• Take legal action if appropriate

8.4 Reporting Violations

If you believe another user is violating these Terms, you can report it by emailing us at joey@findfetcher.com.au with:

• A description of the suspected violation
• Any supporting evidence (screenshots, URLs, etc.)
• Your contact information

We will review reports within 7 business days and notify you of the outcome where appropriate. We may not be able to share details of actions taken against other users due to privacy obligations.

9. Fetch-A-Friend Referral Program

9.1 Eligibility

The Fetch-A-Friend referral program is available to users who:

• Have an active Plus or Pro subscription (not during free trial period)
• Have made at least one successful payment
• Are in good standing with their account

9.2 How It Works

When you refer a friend using your unique referral link and they subscribe to a paid plan (Plus or Pro):

• You receive one bonus standard fetch slot
• Your friend receives one bonus standard fetch slot
• Bonus slots are activated after the referred user's first successful payment

9.3 Slot Deactivation

Referral bonus slots operate under the following rules:

• If either party cancels: Both you and the other party lose the bonus slot from that specific referral. This applies whether you were the referrer or the referred user.
• Grace period: If losing a slot puts you over your limit, you have 7 days to choose which fetches to pause.
• Account termination: If either party's account is terminated for policy violations, related bonus slots may be deactivated.

Note: Each referral relationship is independent. If you have 5 referrals and one friend cancels, you only lose that one slot - your other 4 referral slots remain active.

9.4 Prohibited Activities

The following activities are prohibited and may result in account termination and forfeiture of referral benefits:

• Self-referrals or creating multiple accounts to game the program
• Referring accounts that appear to be owned by the same person
• Using fake, disposable, or temporary email addresses for referrals
• Spamming referral links or engaging in deceptive promotion
• Exploiting technical vulnerabilities in the referral system

9.5 Program Modifications

We reserve the right to modify, suspend, or terminate the Fetch-A-Friend program at any time with reasonable notice. Changes will not affect bonus slots already earned and active at the time of modification.

10. Your Content and Data

10.1 Content You Provide

When you use FindFetcher, you may provide content including:

• Fetch criteria and descriptions
• Product images you upload
• Feedback and communications with us

10.2 License to Your Content

You retain ownership of content you provide. By submitting content to FindFetcher, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and display that content solely for the purpose of providing and improving the Service.

10.3 Data Retention and Portability

Your data is retained while your account is active. You can request an export of your data at any time by contacting us at joey@findfetcher.com.au. Data exports are provided in JSON or CSV format within 30 days and include your account information, fetch criteria, match history, and preferences. When you delete your account, we will delete your personal data in accordance with our Privacy Policy.

11. Intellectual Property

11.1 Our Ownership

FindFetcher and all related content, features, and functionality (including but not limited to software, code, text, graphics, logos, and user interface design) are owned by us and protected by copyright, trademark, and other intellectual property laws.

11.2 Your License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Service, including downloading and installing our App on your personal mobile devices, for your personal, non-commercial purposes in accordance with these Terms.

11.3 Feedback

If you provide us with feedback, suggestions, or ideas about our Service, you grant us the right to use that feedback without restriction or compensation to you.

12. Third-Party Services and Links

12.1 Marketplace Listings

FindFetcher monitors third-party marketplaces (such as Facebook Marketplace, Gumtree, and others). We are not affiliated with these platforms and are not responsible for:

• The accuracy, availability, or legality of listings
• The conduct of sellers on these platforms
• Transactions you enter into with third parties
• Changes to how these platforms operate

12.2 Service Providers

We use third-party services to operate FindFetcher, including:

• Stripe: Payment processing (PCI-DSS Level 1 certified)
• Supabase: Database and authentication
• Anthropic (Claude): AI-powered image analysis, natural language understanding, and match scoring
• OpenAI (GPT-4o): Voice transcription and search verification
• Google (Gemini): Screenshot-based price extraction and search verification
• Perplexity AI: AI-powered search for product discovery
• Resend: Email delivery
• PostHog: Product analytics and usage tracking
• Google Analytics: Website traffic analytics
• Sentry: Error monitoring and performance tracking
• SeatGeek: Event and ticket listing data

Your use of these services through FindFetcher is subject to their respective terms and privacy policies.

12.3 External Links

When you click on a match notification, you will be directed to a third-party website. We are not responsible for the content, privacy practices, or terms of external websites.

12.4 App Stores

Our App is distributed through the Apple App Store and Google Play Store. Your download and use of the App is also subject to the terms and policies of the applicable app store. We are not responsible for the practices of these platforms. If there is any conflict between these Terms and the app store terms, the more restrictive terms apply to the extent of the conflict.

12.5 Accessibility

We are committed to making FindFetcher accessible to all users. We target WCAG 2.1 Level AA compliance for our Website and strive to follow platform accessibility guidelines for our App. If you encounter any accessibility barriers while using our Service, please contact us at joey@findfetcher.com.au so we can work to address the issue.

13. Service Availability and Modifications

13.1 Service Availability

We aim to provide a reliable service, but we do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will try to notify you in advance)
• Unexpected technical issues
• Events beyond our reasonable control
• Changes to third-party marketplaces we monitor
• App store review processes, policies, or removal decisions

13.2 Service Modifications

We may modify, update, or enhance our Service from time to time. We will notify you of significant changes that materially affect your use of the Service. If we make changes that materially reduce the functionality or value of a paid plan you have subscribed to, you may cancel your subscription within 30 days of notification and receive a pro-rata refund for the unused portion of your subscription period.

13.3 Service Discontinuation

We reserve the right to discontinue the Service (or any part of it) with at least 30 days' notice. If we discontinue a paid service you have subscribed to, we will refund any prepaid fees for the period after discontinuation.

13.4 Beta and Experimental Features

From time to time, we may offer beta or experimental features. These features are provided "as is" without additional warranties, may be modified or removed without notice, and may contain bugs or behave unpredictably. Beta features are not intended for critical or time-sensitive use. Your use of beta features is voluntary and at your own risk. Nothing in this section excludes or limits consumer guarantees under the Australian Consumer Law that cannot lawfully be excluded.

14. Disclaimer of Warranties

Subject to your rights under Australian Consumer Law (see Section 7.1):

15. Limitation of Liability

15.1 Australian Consumer Law Rights

15.2 Liability Cap

To the maximum extent permitted by law, our total liability to you for any claims arising out of or related to your use of the Service is limited to the greater of:

• The total fees you paid to us in the 12 months preceding the claim; or
• $100 AUD

15.3 Exclusion of Certain Damages

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data
• Cost of substitute services
• Missed deals or purchasing opportunities

16. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless FindFetcher from third-party claims, losses, damages, and reasonable legal expenses arising solely and directly from:

• Your breach of Section 8 (Acceptable Use Policy)
• Your fraudulent or illegal use of the Service
• Content you submit that infringes a third party's intellectual property rights

This indemnification does not apply to the extent the claim arises from our negligence, our breach of these Terms, or our breach of consumer guarantees under the Australian Consumer Law. This clause does not limit your rights under the Australian Consumer Law or any other rights that cannot be excluded by law.

17. Account Suspension and Termination

17.1 Termination by You

You may close your account at any time through your account settings or by contacting us. If you have a paid subscription, see Section 6 for cancellation terms.

17.2 Suspension by Us

We may temporarily suspend your account if we reasonably believe:

• You have violated these Terms
• Your account poses a security risk
• Suspension is required to comply with law or a legal order

We will notify you of the suspension and the reason (unless prohibited by law) and give you an opportunity to address the issue.

17.3 Termination by Us

We may terminate your account if:

• You materially breach these Terms and fail to remedy the breach within 14 days of notice
• You engage in serious misconduct (such as fraud, hacking or unauthorised system access, illegal activity, threats or harassment of other users, or repeated violations of Section 8 after warnings)
• We are required to do so by law

17.4 Effect of Termination

Upon termination:

• Your access to the Service will end
• Your account data will be deleted in accordance with our Privacy Policy
• If you have a paid subscription and are terminated for cause, you will not receive a refund
• If your appeal under Section 17.5 is successful, we will reinstate your account and provide a pro-rata refund for any subscription period during which you were unable to access the Service
• Sections of these Terms that by their nature should survive will continue to apply

17.5 Appeal Process

If your account is suspended or terminated and you believe this was done in error, you may appeal by:

• Submitting an appeal to joey@findfetcher.com.au within 30 days of the suspension or termination notice
• Including your account email, a description of why you believe the action was incorrect, and any supporting information

We will review your appeal within 14 business days and notify you of the outcome. If your appeal is successful, we will reinstate your account and, where applicable, restore your subscription status. This appeal process does not affect your rights under the Australian Consumer Law.

18. Dispute Resolution

18.1 Contact Us First

If you have a complaint or dispute, please contact us first at joey@findfetcher.com.au. We will try to resolve your concern promptly and fairly.

18.2 Informal Resolution

Most disputes can be resolved through good-faith discussion. We will acknowledge your complaint within 7 days and aim to resolve it within 30 days.

18.3 External Resolution

If we cannot resolve your dispute, you may lodge a complaint with:

18.4 Court Proceedings

Nothing in this section prevents you from taking legal action to enforce your rights under these Terms or under Australian Consumer Law.

19. General Provisions

19.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

19.2 Jurisdiction

Any legal proceedings arising out of these Terms will be brought in the courts of New South Wales, Australia, and you consent to the exclusive jurisdiction of those courts.

19.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

19.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FindFetcher regarding your use of the Service.

19.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

19.6 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights to a successor in the event of a merger, acquisition, or sale of assets.

19.7 Force Majeure

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labour disputes, government actions, or failures of third-party services.

19.8 Electronic Communications (Spam Act 2003)

Our electronic communications comply with the Spam Act 2003 (Cth). We distinguish between:

• Transactional messages: Service notifications, match alerts, account updates, and billing communications necessary for providing the Service
• Marketing messages: Promotional content, feature announcements, and newsletters — you can unsubscribe from these at any time via the unsubscribe link in each email or through your notification preferences

All commercial electronic messages include accurate sender information and a functional unsubscribe mechanism. We will process unsubscribe requests within 5 business days as required by the Spam Act 2003.

20. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, technology, legal requirements, or other factors.

When we make changes:

• We will update the "Last updated" date and version number at the top of these Terms
• For significant changes, we will notify you via email or through an in-app notification at least 14 days before they take effect
• If you do not agree to the updated Terms, you may cancel your subscription and close your account before the changes take effect

"Significant changes" include, but are not limited to, changes that:

• Affect pricing, billing terms, or payment obligations
• Modify your rights or our obligations under these Terms
• Change how we collect, use, or share your personal data
• Alter our liability or warranty provisions
• Modify the dispute resolution process

Minor corrections (such as fixing typos, updating formatting, or clarifying existing terms without changing their meaning) are not considered significant changes and may be made without advance notice.

Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

21. Contact Information

If you have any questions about these Terms or need to contact us for any reason, please reach out:

FindFetcher is operated by Joseph Douglas Krosch (ABN 12 842 265 699), trading as FindFetcher.