Spotto · Merchant Agreement

Last updated: {{EFFECTIVE_DATE}}

This Merchant Agreement (“Agreement”) is a legal agreement between you (the business, “you”, “Merchant”) and Spotto Today Pty Ltd (ABN {{ABN}}) (“Spotto”, “we”, “us”, “our”) and governs your use of the Spotto merchant dashboard and related services to list and promote deals (together, the “Service”).

By creating a merchant account, listing deals, or subscribing to a paid plan, you agree to this Agreement and to our Privacy Policy. If you do not agree, do not use the Service.

1. Who can use Spotto as a Merchant

You must be at least 18 years old and able to form a binding contract. You confirm you are authorised to bind the business on whose behalf you use the Service to this Agreement.

2. What Spotto is

Spotto is a platform that helps consumers discover local deals and helps businesses promote them. Spotto is not a party to the transaction between a consumer and a Merchant, and does not resell your goods or services.

3. Your account

• You must provide accurate information and keep it up to date.
• You are responsible for activity under your account and for keeping your login credentials secure. You may sign in with email and password or with Google Sign-In.
• Notify us at contact@spotto.pro if you believe your account has been compromised.
• You may delete your account at any time from within the app; deletion is handled as described in our Privacy Policy and the subscription terms below.

4. Merchant eligibility and responsibilities

Eligibility and identity. You must operate a legitimate business and provide a valid Australian Business Number (ABN), which we verify against the Australian Business Register. You must have the authority to offer the deals you list.

Your responsibilities. You are solely responsible for:

• The accuracy of your business profile and every deal you publish.
• Honouring the deals you publish on the terms you advertise.
• Ensuring your deals, content and conduct comply with all applicable laws, including the Australian Consumer Law and any advertising, pricing and industry regulations that apply to you.
• Any goods or services you supply to consumers.

Content licence. You grant us a non-exclusive, royalty-free licence to host, display, reproduce and distribute your business profile and deal content within the Service and in related promotion of the Service, for as long as you publish it.

Prohibited deals. You must not list deals that are misleading, unlawful, unsafe, counterfeit, or that you cannot lawfully honour.

5. Subscriptions and billing

Plans. Paid Merchant features are offered on a subscription basis across tiers (currently Starter, Growth and Pro), billed weekly in Australian dollars. The plan, billing interval and price are shown to you at checkout, which is the source of truth for what you pay.

Pro fair use. The Pro plan's unlimited coupon issuing is subject to fair use. To protect service reliability, we may temporarily pause new coupon issuing after exceptionally high weekly use. Issuing resumes automatically at the next weekly reset; coupons already issued remain usable. Contact contact@spotto.pro if your business needs help during a pause.

Payments via Stripe. Subscriptions are processed by Stripe. By subscribing you also agree to Stripe’s terms. We do not store your full card details (see the Privacy Policy).

Free trial. We may offer a free trial (currently 30 days). Only one free trial is available per customer. If you do not cancel before the trial ends, your subscription will begin and you will be charged for the plan you selected.

Auto-renewal. Subscriptions renew automatically at the end of each billing period at the then-current price, until cancelled.

Cancellation. You can cancel at any time from your in-app billing settings. Your subscription remains active until the end of the current paid period, after which it will not renew. Except where required by law (including the Australian Consumer Law), fees already paid are non-refundable, and cancelling does not entitle you to a refund for the current period.

Account deletion. If you have an active subscription when you delete your account, you can schedule deletion for the end of the current billing period and keep access until then, or choose immediate deletion. Immediate deletion ends access and cancels the subscription immediately; unused prepaid time is not refunded except where required by law. The app displays this consequence and asks you to confirm it before deletion. Deleting an account does not cancel a co-owned business’s subscription while another owner remains.

Failed payments. If a payment fails, we may retain your access for a short grace period and then suspend or downgrade your paid features until payment succeeds.

Price and plan changes. We may change subscription prices or plan features. We will give you reasonable notice of a price increase before it applies to your next renewal, and you may cancel if you do not accept the change.

Taxes. Prices are in Australian dollars and may be inclusive or exclusive of GST as indicated at checkout. You are responsible for any taxes that apply to you.

6. Acceptable use

You must not:

• Use the Service unlawfully, or for any fraudulent or harmful purpose.
• Interfere with, disrupt, or attempt to gain unauthorised access to the Service, its systems, or other users’ accounts.
• Scrape, harvest, or systematically extract data from the Service without our written permission.
• Upload content that is unlawful, infringing, misleading, defamatory, or that you do not have the right to share.

We may investigate and take action, including suspension or termination, for any breach.

7. Intellectual property

The Service, and all software, design, text, graphics and other content we provide (excluding Merchant-supplied content), is owned by us or our licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose. You retain ownership of content you submit, subject to the licences you grant in this Agreement.

8. Third-party services

The Service relies on third-party providers (including Google/Firebase, Google Maps, Stripe, and others described in our Privacy Policy). Your use of features powered by those providers may also be subject to their terms, and we are not responsible for third-party services we do not control.

9. Privacy

Our Privacy Policy explains how we handle personal information and forms part of this Agreement.

10. Disclaimers and liability

Australian Consumer Law. Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded (“Non-excludable Rights”).

Disclaimer. Except for Non-excludable Rights, the Service is provided “as is” and “as available”, and to the extent permitted by law we exclude all warranties, express or implied. We do not warrant that the Service will be uninterrupted or error-free.

Limitation of liability. To the extent permitted by law:

• We are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data or goodwill, arising from your use of the Service.
• Our total liability to you for all claims connected with the Service is limited to the amount you paid us in the 12 months before the event giving rise to the claim.
• Where a Non-excludable Right applies and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited, at our option, to re-supplying the relevant service or paying the cost of re-supply.

We are not liable for the acts or omissions of consumers or other Merchants, or for any dispute between you and a consumer.

11. Indemnity

To the extent permitted by law, you agree to indemnify us against claims, losses and costs arising from your breach of this Agreement, your content, or the deals, goods or services you offer, except to the extent caused by us.

12. Suspension and termination

We may suspend or terminate your access to the Service if you breach this Agreement, if required by law, or to protect the Service or its users. You may stop using the Service and delete your account at any time. Terms that by their nature should survive termination (including those on intellectual property, liability, indemnity and governing law) will survive.

13. Changes

We may update the Service and this Agreement from time to time. If we make material changes, we will update the “Last updated” date and provide reasonable notice. Your continued use of the Service after changes take effect means you accept the updated Agreement.

14. Governing law and disputes

This Agreement is governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State. Before starting any formal proceedings, please contact us at contact@spotto.pro so we can try to resolve the issue.

15. General

• Entire agreement. This Agreement and the Privacy Policy are the entire agreement between you and us about your use of the Service as a Merchant.
• Severability. If any part of this Agreement is found unenforceable, the rest continues to apply.
• No waiver. A failure to enforce a term is not a waiver of it.
• Assignment. You may not assign this Agreement without our consent; we may assign it in connection with a business transfer.

16. Contact us

• Spotto Today Pty Ltd
• {{BUSINESS_ADDRESS}}
• Email: contact@spotto.pro
• Web: https://spotto.today