Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are an agreement between you and NearbyStore ("NearbyStore", "we", "us"), based in Vancouver, British Columbia, Canada. They govern your use of the NearbyStore website at nearbystore.ca and the NearbyStore application at app.nearbystore.ca, together with any mobile applications we release (the "Service").

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Who may use the Service

You must be at least 13 years old to use the Service, and old enough in your jurisdiction to enter into a binding contract. If you are between 13 and the age of majority where you live, you may only use the Service with the involvement of a parent or guardian.

You may not use the Service if we have previously suspended or removed your account.

3. Beta status (read this one)

The Service is currently a beta. That is not a formality. It means:

• Features may change, break, or be withdrawn without notice.
• The receipt scanner will sometimes misread items, quantities or prices.
• The Service may be unavailable, and data loss is possible.
• We do not offer any service level, uptime guarantee, or support commitment.

Keep your own copies of anything you cannot afford to lose. Do not rely on the Service as your only record for tax, warranty, insurance or accounting purposes.

4. Your account

You are responsible for keeping your login credentials confidential and for everything that happens under your account. Tell us promptly if you believe your account has been used without your permission. We are not liable for loss arising from unauthorized use of your account where you failed to keep your credentials secure.

5. Your content, and what you let us do with it

"Your Content" means the receipt images you upload, the corrections you make, and anything else you submit through the Service.

Your Content remains yours. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process and analyse Your Content solely for the purpose of operating and improving the Service: that is, extracting line items, building your spending and price history, and improving the accuracy of the scanner. This licence ends when you delete the content, except for copies that remain in routine backups until they age out.

You confirm that you have the right to upload Your Content and that doing so does not infringe anyone else's rights.

We also use price information derived from receipts in aggregated, de-identified form, as described in our Privacy Policy. That data cannot be traced back to you.

6. Acceptable use

You agree not to:

• Upload receipts you do not have the right to upload, or content that is unlawful, infringing or someone else's private information.
• Deliberately submit false or fabricated receipts, or manipulate price data.
• Scrape, harvest, or bulk-extract data from the Service.
• Reverse engineer, decompile, or attempt to derive our source code, except where that restriction is prohibited by law.
• Interfere with the Service, probe it for vulnerabilities without our written permission, or circumvent any access control or rate limit.
• Use the Service to build a competing product, or resell access to it.

7. Accuracy of prices and extracted data

This section matters, so it is plain:

• Line items, quantities and prices are extracted automatically from photographs of receipts. They can be wrong. Check anything important against the paper.
• Price information in the Service is a historical record of what was printed on a receipt at a point in time. It is not an offer, a quotation, or a guarantee that any store will sell an item at that price.
• Prices change, promotions end, unit sizes differ, and receipts get misread. Verify before you rely on a price to make a purchase.
• Nothing in the Service is financial advice.

8. No affiliation with retailers

NearbyStore is independent. We are not affiliated with, endorsed by, sponsored by, or in partnership with any retailer, grocery chain or store, unless we state otherwise in writing.

Store names, logos and product brands that appear in the Service, including any that appear because they were printed on a receipt you uploaded, are the trademarks of their respective owners, and are used only to identify the store or product a receipt came from.

9. Our intellectual property

The Service itself, including the software, the design, the NearbyStore name and logo, and everything else we created, belongs to us and is protected by intellectual property law. These Terms do not grant you any right to use our branding. We grant you a limited, personal, non-transferable, revocable licence to use the Service in accordance with these Terms.

10. Pricing

The Service is currently free. We may introduce paid plans in future. If we do, we will give existing users clear notice before any charge applies, and you will never be charged without agreeing first.

11. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if we discontinue the Service. Where it is reasonable to do so, we will give you notice and a chance to export your data.

Sections 5, 7, 8, 9, 12, 13 and 14 survive termination.

12. Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation.

Some jurisdictions do not allow the exclusion of certain warranties. Where that applies to you, the exclusions above apply only to the extent permitted.

13. Limitation of liability

To the fullest extent permitted by law, NearbyStore and its directors, officers, employees and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, savings, data or goodwill, arising out of or in connection with your use of the Service, including any loss arising from a misread receipt, an inaccurate price, or unavailability of the Service.

Our total aggregate liability for all claims relating to the Service is limited to the greater of (a) the amount you paid us for the Service in the twelve months before the claim arose, or (b) CAD $100.

Nothing in these Terms limits liability that cannot be limited under applicable law.

14. Indemnity

You agree to indemnify and hold NearbyStore harmless from any claim, demand, loss or expense (including reasonable legal fees) arising from Your Content, your use of the Service, or your breach of these Terms or of any law or third-party right.

15. Governing law and disputes

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, subject to any right you may have to bring a claim in your local jurisdiction under consumer protection law.

Before starting a formal proceeding, please contact us. Most problems are faster to fix than to litigate.

16. Changes to these terms

We may update these Terms. When we do, we will change the date at the top of this page, and for material changes we will give notice through the Service or by email before they take effect. Continuing to use the Service after a change means you accept the updated Terms.

17. General

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them as part of a merger, acquisition or sale of assets.

18. Contact

Questions about these Terms go to the contact form.

NearbyStore · Vancouver, British Columbia, Canada.