Terms and Conditions

These Terms and Conditions (Terms) form a binding agreement between you (you, your, or Customer) and Spot186 (Spot186, we, us or our), the operator of the Spot186 platform available at spot186.com and related domains (the Platform). By creating an account, accessing the Platform, clicking “I agree”, or using any part of the Service, you confirm that you have read, understood and agreed to be bound by these Terms.

If you are using the Platform on behalf of a business or other legal entity, you warrant that you have authority to bind that entity, and “you” refers to that entity.

• Service means the Spot186 Platform, including all software, AI features, content generation, scheduling, publishing, analytics, dashboards, APIs and related services.
• Customer Content means information, materials, brand assets, logos, images, text, data, credentials and inputs you upload, submit, or connect to the Service.
• Generated Output means content produced by the Service using AI tools, including drafts, captions, images, plans and schedules.
• Fees means the subscription fees and any other amounts payable under these Terms.
• Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

• You must be at least 18 years old and legally capable of entering a contract.
• You must provide accurate and current information when creating an account and keep it up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity on your account. Notify us immediately at info@spot186.com if you suspect unauthorised access.
• We may refuse, suspend or terminate accounts at our discretion where we reasonably believe there has been a breach of these Terms or applicable law.

• The Service is offered on subscription plans (currently Basic and Pro) as described on our pricing page. Fees are stated in US dollars unless otherwise indicated and are exclusive of any applicable taxes (including GST where applicable).
• Subscriptions renew automatically each billing period (monthly or annually) unless cancelled at least 24 hours before the renewal date. You authorise us and our payment processors to charge your nominated payment method for all Fees when due.
• Free trials, promotional credits and demonstration workspaces are provided at our discretion, are non-transferable, and may be modified or withdrawn at any time.
• Except where required by the Australian Consumer Law or other non-excludable law, all Fees are non-refundable, including for partial billing periods, unused features, or accounts you choose to close.
• We may change our Fees on 30 days’ notice by email or via the Platform. Continued use after the effective date constitutes acceptance of the new Fees.
• Overdue amounts accrue interest at the Reserve Bank of Australia cash rate plus 4% per annum, calculated daily, and you must reimburse our reasonable costs of recovery.

Subject to your ongoing compliance with these Terms and payment of Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your internal business purposes during your subscription term.

You must not, and must not permit any third party to:

• use the Service to publish content that is unlawful, misleading, deceptive, defamatory, obscene, discriminatory, infringing, or in breach of the Australian Consumer Law or the Spam Act 2003 (Cth);
• reverse engineer, decompile, scrape, or attempt to derive source code from the Service, except to the extent permitted by law;
• resell, sublicense, or make the Service available to third parties outside your own workspaces without our written consent;
• use the Service to build a competing product, or to train third-party AI models;
• upload malicious code, attempt to breach security controls, or interfere with the operation of the Service;
• violate the terms of any social media platform or third-party service the Platform integrates with.

We may investigate suspected breaches, remove offending content, and suspend or terminate access without notice where we reasonably believe there is a risk to us, our other customers, or the public.

• You retain all right, title and interest in your Customer Content. You grant Spot186 a worldwide, royalty-free, non-exclusive, sublicensable licence to host, copy, transmit, process, adapt, display and use Customer Content solely for the purpose of operating, providing, securing, improving and supporting the Service and complying with law.
• You warrant that you own or have all necessary rights, consents and licences for your Customer Content, including rights to any names, images, logos, testimonials and third-party material, and that its use by us as contemplated by these Terms will not infringe any third-party rights or breach any law.
• You are solely responsible for the accuracy, legality and appropriateness of content you publish through the Service, including compliance with the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) and the Australian Consumer Law.

• The Service uses artificial intelligence to produce Generated Output. AI is probabilistic, may contain errors, and may reflect biases in the underlying models. You must review Generated Output before publishing.
• As between you and us, and to the extent permitted by law, you own the Generated Output produced from your inputs, subject to our underlying rights in the Service and any third-party model provider terms.
• Because AI can produce similar outputs for different customers, we do not warrant that Generated Output is unique, non-infringing, or fit for a particular purpose. You are responsible for final editorial and legal review.

The Service connects to third-party platforms (including social networks, publishing APIs, AI model providers and payment processors). Your use of those services is subject to their own terms. We are not responsible for outages, API changes, rate limits, content moderation decisions or account actions taken by those third parties.

All right, title and interest in the Service, including its software, design, look and feel, documentation, trademarks, methodologies, prompts and workflows, are and remain the property of Spot186 and its licensors. No rights are granted except as expressly set out in these Terms. Any feedback, ideas or suggestions you provide may be used by us without restriction or compensation to you.

We handle personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth). By using the Service you consent to our collection, use, storage and disclosure of personal information as reasonably necessary to provide the Service, including transfer to and storage on infrastructure located outside Australia. You are the data controller of personal information contained in your Customer Content and are responsible for obtaining any consents required from the individuals concerned.

Each party must keep confidential all non-public information disclosed by the other in connection with the Service, use it only to perform its obligations, and protect it with at least the same care it uses for its own confidential information (and in any case no less than a reasonable standard). This obligation survives termination.

We aim to keep the Service available but do not guarantee it will be uninterrupted or error-free. We may perform maintenance, updates and changes to the Service (including adding or removing features) at any time. Where reasonably practicable we will give notice of planned downtime.

Certain rights and guarantees under the Australian Consumer Law cannot be excluded, restricted or modified. Nothing in these Terms excludes, restricts or modifies any such right or remedy. Where our liability for a failure to comply with a consumer guarantee can lawfully be limited, our liability is limited (at our option) to:

• the resupply of the affected services; or
• payment of the cost of having the affected services supplied again.

To the maximum extent permitted by law, and subject to section 14, the Service and all Generated Output are provided “as is” and “as available”. We disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and that the Service will meet your requirements or produce any particular commercial, marketing or revenue outcome.

To the maximum extent permitted by law, and subject to section 14:

• neither party is liable to the other for any indirect, special, incidental, consequential, punitive or exemplary loss, or for any loss of profits, revenue, goodwill, opportunity, data, or anticipated savings, however arising;
• our total aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), statute or otherwise, is limited to the total Fees actually paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

You agree to indemnify, defend and hold harmless Spot186 and its officers, employees, contractors and agents from and against all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees on a solicitor-and-own-client basis) arising out of or in connection with:

• your Customer Content;
• your use of the Service in breach of these Terms or any law;
• any content you publish through the Service; and
• any third-party claim that your use of the Service infringes their rights.

• You may cancel your subscription at any time from within the Platform. Cancellation takes effect at the end of the then-current billing period; already-paid Fees are not refunded except where required by law.
• We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay Fees when due, or if we are required to do so by law.
• On termination your right to access the Service ends. We may delete Customer Content 30 days after termination. You should export any content you wish to retain before termination.
• Clauses which by their nature should survive termination (including payment, confidentiality, IP, disclaimers, liability, indemnity and dispute resolution) will survive.

We may amend these Terms from time to time. Where changes are material we will give notice by email or via the Platform at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the amended Terms. If you do not accept the changes you must stop using the Service.

Neither party is liable for delay or failure to perform (other than to pay money) to the extent caused by events beyond its reasonable control, including natural disasters, war, acts of terrorism, pandemics, government action, network or utility outages, or failures of third-party infrastructure.

• Governing law and jurisdiction. These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.
• Dispute resolution. Before commencing proceedings (other than for urgent injunctive relief), the parties must first attempt to resolve the dispute in good faith by senior-level discussions for at least 14 days.
• Assignment. You must not assign or novate these Terms without our prior written consent. We may assign or novate to an affiliate or in connection with a corporate restructure or sale of business.
• Entire agreement. These Terms, together with any order form or plan you subscribe to and our privacy notice, constitute the entire agreement between the parties in relation to the Service and supersede all prior representations.
• Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue in full force.
• No waiver. Failure or delay by a party to exercise a right does not operate as a waiver of that right.
• Notices. Notices to us must be sent to info@spot186.com. Notices to you may be sent to the email address associated with your account.

Questions about these Terms should be directed to info@spot186.com or via our contact page.