Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Spullio application, website, and services (collectively, the "Service"). By creating an account or otherwise using Spullio, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

These Terms form a binding agreement between you ("User" or "you") and Spullio ("we," "us," or "our"), which is operated by the founder based in the Netherlands. We may update the Terms from time to time; if we do, we will notify users by updating the date at the top and, for significant changes, by additional notice (e.g. email or app notification). Your continued use of Spullio after changes are posted constitutes your acceptance of the revised Terms.

By accepting these Terms, you also agree to our Privacy Policy (which describes how we collect and use your data). The Privacy Policy is incorporated by reference into these Terms.

Account Registration:

To use Spullio, you must create an account using our authentication provider (Clerk). You agree to provide true, accurate, and current information during sign-up, including a valid email address. You are responsible for maintaining the confidentiality of your account credentials. Do not share your password or give others access to your account. You must notify us immediately at support@spullio.com if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to safeguard your login information.

Eligibility:

You must be at least 16 years old to use Spullio. If you are under 16, you may only use the Service under the supervision and with the consent of a parent or legal guardian, who must agree to these Terms on your behalf. By using the Service, you represent that you meet this minimum age requirement or have obtained the necessary consent. Additionally, if you are under the age of majority where you live (typically 18), you affirm that your parent or guardian has reviewed and agreed to these Terms. We do not knowingly permit children under 16 to use Spullio without parental consent (see our Privacy Policy for more details on children's data).

We reserve the right to refuse registration or cancel accounts that violate these Terms or that we believe are being used by someone not eligible. Each user may only maintain one personal account, unless expressly permitted by us (for example, separate accounts for separate organizations or households you manage).

Your Content:

Spullio allows you to input and store information about your inventory items, including text descriptions, images, documents, and other materials ("User Content"). You retain all ownership rights to your User Content. We do not claim any ownership over the items or information you add to your inventory. These Terms do not grant us any ownership of your content – you remain the owner.

License to Spullio:

In order to provide the Service, you grant Spullio a non-exclusive, worldwide, royalty-free license to host, store, transfer, display, perform, reproduce, and process your User Content solely for the purposes of operating, maintaining, and improving the Service. This includes, for example, displaying the content back to you and those you share it with, resizing images for thumbnails, backing up data to prevent loss, and sending your content to our AI provider (OpenAI) when you use AI features. This license is limited to those purposes and does not allow us to use your content for any other purpose outside of Spullio's functionality. We will never sell your User Content. The license ends when you delete the content or your account (allowing for a reasonable period to remove backups).

Your Responsibilities for Content:

You are solely responsible for all content you upload or input into Spullio. This means ensuring that you have all necessary rights to that content and that it does not violate any laws or infringe anyone else's rights. Do not upload any content: (a) that is illegal, harmful, or objectionable (such as content that is defamatory, obscene, or abusive); (b) that infringes intellectual property rights or privacy rights of others (e.g. do not upload images or documents you don't have permission to use); or (c) contains viruses, malware, or any code intended to harm the operation of the Service or others' devices. We are not responsible for the content users upload, and we do not routinely monitor user content, but we reserve the right to remove or disable access to any content that we believe violates these Terms or applicable law.

Spullio Intellectual Property:

Apart from your content, all rights, title, and interest in and to the Service and its components are and will remain the exclusive property of Spullio and/or its licensors. This includes the software, source code, design, logos, trademarks, service marks, brand names, features, and content provided by us (except for your own content). The Spullio name and logo are our trademarks and may not be used without our prior written consent, except as permitted by law. We grant you a limited, revocable, non-transferable license to use the Service and any software provided as part of the Service, but only in accordance with these Terms. You agree not to copy, modify, distribute, sell, or lease any part of our intellectual property (except as allowed under open source licenses for components we may use, or as expressly authorized by us).

Feedback:

If you choose to provide feedback, suggestions, or ideas about Spullio ("Feedback"), you agree that we are free to use such Feedback in any way without compensation to you. Feedback can help us improve the Service, but we are not obligated to implement suggestions.

You agree to use Spullio in a lawful manner and refrain from misusing the Service. The following is a non-exhaustive list of prohibited actions and content on the Service:

• Illegal Activities: You may not use Spullio for any unlawful purpose or in furtherance of illegal activities. This includes uploading content that is illegal to possess or distribute in your jurisdiction (e.g. stolen information, illegal products, or copyrighted material without permission).
• Violation of Rights: Do not upload or share content that violates the intellectual property or privacy rights of others. You must have the necessary rights to any photo or document you add. If you are not sure you have the right, do not upload it.
• Security Violations: You must not probe, scan, or test the vulnerability of our Service or any related system or network. Do not attempt to bypass or circumvent any security measures or authentication steps. Hacking, data scraping without permission, or introducing malware are strictly forbidden.
• Interference: You will not interfere with or disrupt the proper operation of Spullio. This means no spamming, no launching of any kind of denial-of-service attack, no interfering with the experience of other users (if applicable), and no attempting to overload the infrastructure (e.g. by automated scripts abusing the system).
• Misrepresentation: Do not impersonate any person or entity, or falsely state or misrepresent yourself (e.g., do not create an account using someone else's identity or information).
• Unauthorized Access: Do not attempt to access accounts or data that you are not authorized to access. You should only access your own data or data explicitly shared with you by others.
• Abuse of Features: Use the AI and other features as intended. For example, do not use the AI feature to generate disallowed or harmful content. Also, adhere to any usage limits (such as limits on AI calls or storage) that accompany your subscription plan – do not attempt to circumvent those limits by creating multiple accounts or other means.
• No Reverse Engineering: You will not reverse engineer, decompile, or disassemble the software underlying our Service, except to the extent allowed by law (and if so, with prior notice to us).

If you violate the above acceptable use rules or otherwise misuse Spullio, we may take action including warning you, removing offending content, or suspending/terminating your account (with or without notice, depending on severity). Serious violations (such as illegal conduct) may be reported to law enforcement. We also expect you to report to us if you become aware of any misuse of the Service by others.

Plan Types:

Spullio offers different subscription tiers – including a free tier with basic functionality and paid tiers (Plus, Pro, etc.) with enhanced features. The specific features, limits, and pricing for each tier are described on our website and in the app. We reserve the right to modify the subscription plans, pricing, and included features with appropriate notice (typically 30 days for existing subscribers).

Billing and Payments:

If you choose a paid subscription, you agree to pay the fees associated with your selected plan. We use Stripe as our payment processor. By subscribing, you authorize us to charge your chosen payment method on a recurring basis (monthly or yearly, depending on your selection). All fees are charged in advance and are non-refundable unless required by law or unless we decide to offer a refund in our sole discretion. You are responsible for keeping your payment information current. If a payment fails, we may retry the charge and/or suspend your access to paid features until payment is successful.

Price Changes:

We may change subscription prices from time to time. For existing subscribers, we will provide at least 30 days' notice before any price increase takes effect. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.

Refund Policy:

Generally, all subscription fees are non-refundable. However, if you are not satisfied with the service, please contact us within 14 days of your initial subscription or renewal, and we will consider your situation on a case-by-case basis. We may offer prorated refunds or credits at our discretion, particularly for technical issues that prevent you from using the service.

Cancellation:

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of your current billing period, and you will continue to have access to paid features until that time. After cancellation, your account will revert to the free tier, and some content or features may become inaccessible if they exceed the free tier limits.

Free Tier Limitations:

The free tier of Spullio includes basic functionality but may have limitations on storage, number of items, AI calls per month, or access to advanced features. These limitations are subject to change and are described in the app and on our website.

Service Availability:

We strive to keep Spullio available 24/7, but we do not guarantee uninterrupted access[12]. The Service may be temporarily unavailable due to maintenance, updates, server issues, or other technical problems. We will make reasonable efforts to minimize downtime and provide advance notice of scheduled maintenance when possible.

Support:

As a solo-founded service, support is provided on a best-effort basis via email at support@spullio.com. While we aim to respond promptly, response times may vary based on volume and complexity of issues. Paid subscribers may receive priority support depending on their subscription tier. We do not provide phone support at this time.

Service Modifications:

We reserve the right to modify, update, or discontinue features of the Service at any time with or without notice. We will make reasonable efforts to notify users of significant changes that affect functionality. If we discontinue the Service entirely, we will provide reasonable advance notice and, where feasible, tools to export your data.

Data Backup and Security:

While we implement security measures and backup systems to protect your data, we cannot guarantee against all possible data loss scenarios[11]. You are encouraged to maintain your own backups of important data. Our data practices are detailed in our Privacy Policy.

Termination by You:

You may stop using Spullio and delete your account at any time through your account settings or by contacting support. Upon account deletion, we will remove your data in accordance with our Privacy Policy, though some data may be retained for legal or operational purposes as described therein.

Termination by Spullio:

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or use the Service in a way that causes harm to Spullio or other users. In most cases, we will provide warning and opportunity to remedy the situation, but we reserve the right to terminate immediately for serious violations. Upon termination by us, you will lose access to the Service and your data may be deleted.

Effect of Termination:

When your account is terminated (by you or us), your right to use the Service immediately ceases. Paid subscription fees are generally non-refundable, but we may provide prorated refunds at our discretion. Provisions of these Terms that by their nature should survive termination (such as intellectual property rights, limitation of liability, and dispute resolution) will continue to apply.

Data After Termination:

Upon account termination, we will delete your personal data and User Content according to our data retention policies outlined in our Privacy Policy. However, some data may be retained for legal compliance, fraud prevention, or technical reasons for a limited period.

Service Provided "As Is":

Spullio is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

No Guarantees:

We do not warrant that the Service will be uninterrupted, secure, or error-free. We do not guarantee the accuracy, completeness, or usefulness of any information provided through the Service, including AI-generated content or product information retrieved from barcodes. You use the Service at your own risk.

AI Features Disclaimer:

AI features (such as image recognition or natural language processing) are provided for convenience and may not always be accurate. AI-generated suggestions or identifications should be verified independently. We are not responsible for errors or omissions in AI-generated content.

Third-Party Services:

The Service may integrate with or rely on third-party services (such as authentication, payment processing, or AI providers). We are not responsible for the availability, accuracy, or functionality of these third-party services. Your use of such services may be subject to their own terms and conditions.

General Limitation:

To the fullest extent permitted by applicable law, Spullio and its founder shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of or inability to use the Service. Using cloud software carries inherent risks, and by using Spullio, you acknowledge that you assume the risk of any data loss or other damages that might occur[10].

Maximum Liability:

Our total liability to you for all claims arising from or relating to the Service shall not exceed the amount you have paid us in the twelve (12) months preceding the claim, or €100, whichever is greater[13][14]. This limitation applies regardless of the legal theory on which the claim is based.

Exclusions:

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Time Limitation for Claims:

You agree that any claim you may have arising out of or related to your use of Spullio must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

Your Indemnification Obligation:

You agree to indemnify, defend, and hold harmless Spullio, its founder, and any affiliates, employees, or agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.

Indemnification Process:

We will notify you of any claim subject to indemnification and give you the opportunity to defend such claim with counsel of your choosing, provided that we may participate in the defense with counsel of our choice at our expense. You may not settle any claim without our prior written consent.

Governing Law:

These Terms and any disputes arising from or relating to the Service shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

Jurisdiction and Venue:

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in the Netherlands, and you consent to the jurisdiction of such courts. However, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.

Dispute Resolution:

Before filing any formal legal action, we encourage you to contact us at support@spullio.com to seek a resolution. Many disputes can be resolved through direct communication. If informal resolution is not possible, disputes will be resolved through the court system as described above.

EU Consumer Rights:

If you are a consumer located in the European Union, you may have certain rights under applicable consumer protection laws that cannot be waived by these Terms. Nothing in these Terms limits such rights.

Entire Agreement:

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spullio regarding the Service and supersede all prior agreements and understandings.

Waiver:

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment:

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms or any rights hereunder without your consent, including in connection with a merger, acquisition, or sale of assets.

Force Majeure:

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, or government actions.

Severability:

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

Headings:

The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

Spullio is developed and operated by a Netherlands-based solo founder. If you need to contact us regarding these Terms or the Service, please use the following contact information:

• Email: support@spullio.com
• Spullio is a product of vanYperen.com

Any legal notices or communications required or permitted under these Terms (such as notices of breach, or requests to resolve disputes) should be sent to the mailing address above, with a copy via email for expedience. If we need to send you a notice, we will do so to the email address associated with your account or via the Service (for example, via an in-app notification). You agree that such electronic notices satisfy any legal requirement that such communications be in writing.

Thank you for reading these Terms of Service. By using Spullio, you're agreeing to these terms, and we're excited to have you on board. If you have any questions or concerns about these Terms, please contact us. We value transparency and want you to feel comfortable with how Spullio operates. Happy organizing!