Terms of Use

Effective Date: 12/11/2025 • Please read these Terms carefully. By creating an account or using the Services, you agree to be bound by these Terms. This agreement is between you and Macloud Labs Pty Ltd ("we", "us", or "our").

1. Customer Types & Authority

If you are an individual using the Service for your own purposes, you agree to these Terms as an Individual Customer. If you are agreeing to these Terms on behalf of a company or other legal entity (an "Enterprise"), you represent that you have the authority to bind that entity and you agree to these Terms on behalf of that Enterprise Customer. The term "Customer" refers to either an Individual Customer or an Enterprise Customer.

2. Eligibility & Age

You may only use the Service if: • You are at least 16 years old; and • You have the legal capacity to enter into a binding contract with us; and • Your use is not prohibited by applicable law. If you are 16–18 years old and the laws of your jurisdiction require parental or guardian consent, you must obtain that consent before using the Service.

3. Definitions

"Service" means our mobile application, websites, and all related AI, OCR, data processing and support services that we provide. "Customer" means an Individual Customer or an Enterprise Customer. "Enterprise" means the company or legal entity that registers for the Service as an Enterprise Customer. "User" means any individual authorised by a Customer to use the Service (including an Individual Customer, and employees/agents of an Enterprise Customer). "Customer Data" means all data, including images, text, personal information, and product or operational information, that a Customer or its Users submit to or generate within the Service. "Privacy Policy" means our Privacy Policy V2.1 (as updated from time to time). "Data Retention Policy" means our internal policy describing how long we retain and how we delete Customer Data. "Incident Response Plan" means our internal plan describing how we detect, respond to, and notify about security incidents.

4. The Service & Licence

Subject to these Terms, we grant the Customer a non-exclusive, non-transferable, limited right for its authorised User(s) to access and use the Service for the Customer's internal business or personal purposes. We may update or modify the Service from time to time (for example, to improve performance, add new features, or address security issues). Where a change is material, we will notify Customers where practicable.

5. Privacy & Data Protection

Your use of the Service is governed by: • These Terms; and • Our Privacy Policy V2.1, which is incorporated into these Terms by reference. By using the Service, you acknowledge and agree to the data practices described in the Privacy Policy, including: • How we collect, use, store and disclose personal information; • Our roles as controller and processor (under GDPR, where applicable); • Our use of Sub-processors and international data transfers; and • Your rights under the Australian Privacy Act and GDPR. Our Data Retention Policy and Incident Response Plan support the commitments in the Privacy Policy. They may be internal documents, but we may provide extracts or summaries to Customers on request (subject to confidentiality). If you have entered into a separate written agreement with us (for example, a Master Services Agreement or Data Processing Agreement), that agreement will prevail over these Terms to the extent of any inconsistency.

6. Customer & User Responsibilities

Administration (Enterprise Customers). The Enterprise Customer is responsible for: • Managing all User accounts under its subscription; • Assigning roles and permissions; and • Ensuring Users comply with these Terms and the Privacy Policy. Responsibility for Users (All Customers). Customers are responsible for: • The actions of their Users; and • Ensuring that Customer Data they upload to the Service is collected and used lawfully. Acceptable Use. You (the Customer and all Users) must not: • Reverse engineer, decompile, disassemble or attempt to derive the source code of the Service; • Use the Service to store or transmit unlawful, infringing, defamatory, or harmful material; • Knowingly introduce malware, viruses, or other malicious code; • Attempt to gain unauthorised access to the Service, its underlying infrastructure, or another Customer's data; • Use the Service in a way that materially interferes with or disrupts its integrity or performance; • Resell, sublicense, or otherwise make the Service available to a third party except as expressly permitted in a separate written agreement. We may suspend or limit access to the Service if we reasonably believe there is a breach of this Section or a security risk.

7. Customer Data

Ownership. As between you and us, the Customer retains all right, title, and interest in and to Customer Data. Licence to Us. The Customer grants us a limited, worldwide, royalty-free licence to use, reproduce, host, store, modify and process Customer Data solely: • To provide, maintain and support the Service; • To secure the Service (for example, monitoring, logging, and incident response); and • To improve the Service using aggregated and/or de-identified data, as described below and in the Privacy Policy. AI & Service Improvement. We may use aggregated and/or de-identified information derived from Customer Data: • To train, test, and improve our AI models and algorithms; and • For analytics and product improvement purposes. We will not intentionally use Customer Data in a form that directly identifies you or your end-users to publicly train third-party foundation models (for example, Google Gemini) unless explicitly agreed with you in writing or required by law. Security. We will implement and maintain appropriate technical and organisational measures to protect Customer Data, as outlined in our Privacy Policy and internal security practices (designed to align with SOC 2 Trust Services Criteria).

8. AI & Data Services

The Service uses artificial intelligence (AI) and Optical Character Recognition (OCR) tools, including third-party services such as Google's Gemini models. No Guarantees. AI models can generate inaccurate or incomplete results (for example, incorrect OCR extraction, misclassification or price estimates). Human Review. You are solely responsible for reviewing and verifying AI-generated outputs before relying on them. The AI features are tools to assist, not replace, human judgment. Disclaimer. To the fullest extent permitted by law, we disclaim liability for any inaccuracies, errors or omissions in AI-generated content, subject to the liability limits in Section 11.

9. Fees & Payment

Enterprise Customers. Fees and payment terms are set out in a separate pricing agreement, order form or invoice. Individual Customers. Fees (for example, subscription fees) are presented at the time of purchase (for example, via in-app purchase or pricing page). By subscribing, you agree to pay all applicable fees and taxes. Unless otherwise stated, fees are non-refundable. We may suspend access to the Service for non-payment.

10. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other, including Customer Data and non-public aspects of the Service, that is marked or reasonably understood to be confidential. Each party agrees to: • Use the other party's Confidential Information only as necessary to perform its obligations or exercise its rights under these Terms; and • Protect such information with at least the same degree of care it uses to protect its own confidential information (and no less than reasonable care). We may disclose Customer Confidential Information: • To our employees, contractors and Sub-processors who need to know it to provide the Service and who are bound by confidentiality obligations; • As required by law, court order or regulatory authority (with notice to you where lawful and practicable).

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DO NOT WARRANT THAT: • THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE; OR • THE RESULTS OF USING THE SERVICE (INCLUDING AI-RELATED FEATURES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Nothing in these Terms is intended to exclude or limit any consumer guarantees or rights that cannot be excluded under the Australian Consumer Law or other applicable law. Where such rights apply and cannot be excluded, our liability is limited to the extent permitted by that law.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: • OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE FIRST INCIDENT GIVING RISE TO THE CLAIM; AND • WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitations above do not apply to liability that cannot be limited or excluded under applicable law.

13. Term, Suspension & Termination

These Terms take effect when you first accept them or start using the Service and continue until your subscription is terminated. We may suspend or restrict access to the Service immediately if: • You breach these Terms or our Acceptable Use rules; • Your account is more than a reasonable period overdue; or • We reasonably believe that your use of the Service poses a security risk. Either party may terminate the subscription: • For convenience, in accordance with the termination provisions of the applicable plan or agreement; or • For cause, if the other party materially breaches these Terms and does not cure the breach within a reasonable period after receiving written notice. Effect of Termination. Upon termination: • Your right to access and use the Service will cease; and • Our handling and deletion of Customer Data will be governed by our Data Retention Policy and Privacy Policy.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of Victoria, Australia, without regard to conflict of laws principles. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

15. Changes to These Terms

We may update these Terms from time to time. When we do: • We will post the updated Terms with a new "Effective Date"; and • For material changes, we will provide additional notice to Customers (for example, by email or in-app notification). If you continue to use the Service after the updated Terms take effect, you will be deemed to have accepted them.

16. Contact Information

For any questions about these Terms, please contact us at:

Support Contact

Email: support@bottlytics.ai

Bottlytics Ai is a product of Macloud Labs Pty Ltd ACN 634 982 157, 2/56 Brandon Park Drive, Wheelers Hill VIC 3150. All Rights Reserved.