Terms of Service

These Terms of Service (Terms) are an agreement between J CAI & S LI & H LU (ABN 24 226 497 748), trading as Petmosphere (Petmosphere, we, us or our), and you. They govern your access to and use of the Petmosphere website, progressive web application, and related services (the Service).

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

Petmosphere helps pet owners organise and manage information about their pets, including pet profiles, observations, documents and reminders. Features may vary by device, location or version. We may improve, modify or discontinue parts of the Service. Where a change materially affects existing users, we will provide reasonable notice where practicable and in accordance with section 14.

Petmosphere is not a veterinary clinic or practitioner and is not a substitute for professional veterinary advice, diagnosis or treatment. Information in the Service is general and informational only and may be incomplete, delayed or incorrect. Do not rely on the Service to make urgent or clinical decisions. We do not continuously monitor your entries for emergencies and uploading information does not notify a veterinarian or emergency service. Reminders and notifications are convenience tools and may be delayed or unavailable. If you have concerns about an animal’s health, contact a qualified veterinarian. In an emergency, contact a veterinarian or emergency hospital immediately.

Provide information that is accurate and reasonably current.

Do not impersonate another person, create an account using information you are not authorised to use, or sell/transfer your account without our written permission.

Keep your credentials secure. If you believe your account has been accessed without permission, change your password and contact us.

If you are under the age at which you can legally enter into a contract in your jurisdiction, you confirm that you have reviewed these Terms with a parent or legal guardian and have their consent for your use of the Service.

Your rights

User Content means records, notes, photographs, videos, documents and other content you submit to or store through the Service. As between you and Petmosphere, you retain any rights you hold in your User Content. Only upload content you are authorised to provide. Do not include another person’s personal information in pet notes or uploads unless you are authorised to do so and it is lawful.

Licence required to provide the Service

You grant Petmosphere a non-exclusive, worldwide, royalty-free licence to host, reproduce, process, transmit, back up and display your User Content only as reasonably necessary to operate, secure and support the Service, prevent or investigate misuse, comply with law, and exercise our rights and responsibilities under these Terms. This licence allows us to use service providers acting on our behalf. It does not permit us to make private pet records public or use them for advertising without separate permission. The licence continues while we hold the relevant User Content, including any limited period during which residual copies remain in secured backups.

Important records

Petmosphere is not intended to be the only copy or permanent archive of important records. Retain independent copies of information needed for veterinary care, insurance, legal compliance or other important purposes.

We handle personal information in accordance with our Privacy Policy and applicable privacy law. We do not sell personal information. We do not use private pet records for third‑party advertising. The Privacy Policy explains how information may be disclosed to providers that help us operate Petmosphere and how to make access, correction, export and deletion requests.

Primary hosting and location: Primary hosting for the Service is in Sydney, Australia (AWS ap‑southeast‑2) via our providers. We do not provide offshore customer support access. Some providers may process or store information outside Australia (for example, in the United States or other regions where they operate). Where Australian privacy law applies, we will take reasonable steps required by law before disclosing personal information overseas and will require appropriate safeguards consistent with the Australian Privacy Principles (APPs).

Notifiable data breaches: If an eligible data breach occurs, we will assess promptly and notify affected individuals and the OAIC where required by law.

The Service may send push notifications you choose to enable. Delivery may be delayed, interrupted or unavailable. You can disable notifications in your device or browser settings and within the Service. We comply with the Spam Act 2003 for electronic communications and provide unsubscribe/opt‑out mechanisms where required.

Use the Service lawfully and responsibly. You must not:

• upload, create, store or distribute unlawful, harmful, defamatory, abusive or fraudulent content;
• upload content that infringes others’ intellectual property, privacy, confidentiality or other rights;
• upload images or videos containing identifiable people without their consent;
• impersonate another person or misrepresent your identity or authority;
• access or attempt to access another user’s account, records or data;
• obtain passwords or security information belonging to another person;
• introduce malware or harmful code or files;
• interfere with, overload, disrupt or circumvent the Service or its security controls;
• scrape, crawl or use automated tools to access the Service without our written permission;
• reverse engineer or attempt to extract source code, except where permitted by law;
• send spam or store bulk content unrelated to the intended purpose of the Service;
• test the vulnerability of the Service without our written authorisation; or
• use the Service as an emergency dispatch, veterinary monitoring or clinical decision‑making service.

We may investigate suspected misuse and take proportionate action, including removing or disabling access to content, preserving content for legal purposes, and restricting or suspending access where reasonably necessary to protect users, animals, Petmosphere or third parties. Where appropriate, we will provide notice and a reasonable opportunity to address the issue unless immediate action is reasonably necessary to prevent harm or legal risk.

Petmosphere and its licensors retain all rights in the Service other than rights you retain in your User Content. This includes software, interface designs, Petmosphere content, graphics, databases, trademarks, business names and branding. Subject to these Terms, we grant you a limited, personal, non‑exclusive, non‑transferable and revocable right to access and use the Service for its intended personal use.

If you voluntarily provide suggestions or feedback, you permit us to use that feedback to operate and improve the Service without payment or obligation to you. This does not give us ownership of your User Content or personal information.

The Service relies on third‑party providers for functions such as hosting, authentication, storage, monitoring, and notifications (for example, Supabase, Vercel, Sentry, and providers used for email and push notifications). Optional features may later allow you to connect third‑party services subject to their terms and privacy policies. We are not responsible for third‑party services you choose to connect, which is subject to any non‑excludable liability under law.

We aim to operate the Service reliably but do not guarantee it will always be available, uninterrupted or error‑free. The Service may be affected by maintenance, internet or telecommunications failures, provider outages, device or browser compatibility, security incidents, legal requirements or circumstances outside our reasonable control. We may temporarily restrict access where reasonably necessary for maintenance, security, legal compliance or protection of users and data. Where practicable, we will give reasonable notice of planned downtime or material changes.

There are no paid plans or in-app purchases at launch (MVP). If we introduce paid plans later, we will:

• provide clear plan and price information, including GST treatment, billing cycles, auto-renewal, trials (if any), cancellation, pro-rata refunds (if any), chargebacks and late or non-payment handling;
• provide at least 30 days’ advance notice of any material price or plan change; and
• allow you to cancel before the change takes effect. If you have prepaid fees for a period beyond the effective date of a material detrimental change, we will provide a pro-rata refund for the unused period to the extent required by law or by these Terms.

We may update these Terms to reflect changes to the Service, our business or providers, legal or security requirements, or to improve clarity and user protection.

For material changes, we will give at least 30 days’ advance notice via email and/or in‑Service notice and identify when the change takes effect.

Where a change materially increases your obligations or reduces your rights, you may terminate before the change takes effect. If you have prepaid fees for a period beyond the effective date, we will provide a pro‑rata refund for the unused period.

These commitments do not limit rights or remedies under applicable law.

You may close your account using available tools or by contacting us. We may restrict, suspend or close an account where we reasonably believe these Terms have been seriously or repeatedly breached; the account poses a security, fraud, legal or safety risk; continued access could cause harm; we are legally required to act; or continued operation is no longer reasonably practicable. Unless immediate action is necessary to prevent harm or legal risk, we will provide notice and a reasonable opportunity to address the issue. Where reasonably practicable, we will allow retrieval or export of eligible User Content before permanent closure. We may offer a simple appeal process; decisions will be made in a reasonable time.

You may request access to, correction of, export of or deletion of eligible account information using available account tools or by contacting us. We may need to verify your identity and may refuse or limit a request where the law allows, explaining why where required. Exports may currently be provided via support on a reasonable‑efforts basis; we plan to add self‑service export tools in future. If you request to delete your account, we will remove your personal information from our active databases within 7 days. Please note that residual copies of this data may persist in our secure, encrypted backups for a period of up to 30 days before being permanently overwritten in our standard backup cycle.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the ACL, or any other right or liability that cannot lawfully be excluded, restricted or modified.

Nothing in these Terms limits liability where doing so would be unlawful, including liability under non‑excludable consumer guarantees. To the extent permitted by law, we are not liable for loss caused solely by your unlawful or unauthorised use; failure to seek appropriate professional care; reliance on the Service as an emergency or clinical service contrary to these Terms; inaccurate or unlawful User Content; failure to maintain independent copies of important records; or a third‑party service you independently choose to use. Where the law permits us to limit a remedy for failure to comply with a consumer guarantee relating to services, our liability is limited, at our option, to supplying the affected services again or paying the reasonable cost of having them supplied again. This section does not limit liability to the extent such limitation would be unfair or unlawful, including for certain privacy obligations where limitation is not permitted by law.

If you believe content available through the Service infringes your rights, please email a notice to contact@petmosphere.com.au with:

• identification of the copyrighted work or other rights at issue;
• identification of the content and where it is located in the Service;
• your contact details; and
• a statement that you have a good-faith belief the use is not authorised and that the information in your notice is accurate.

We may remove or disable access to the content and, where appropriate, notify the user and allow a response. We may close accounts of repeat infringers in appropriate circumstances.

We may later introduce optional AI-assisted informational tools. If we do, we will explain how those features work, what content they process, what third-party providers (if any) are involved, retention periods, and your choices (including opt-out). We will not use your private pet records to train our models without your explicit consent.

If you download the Service via an app store (for example, Apple App Store), additional terms required by that store may apply. We will publish any required addendum at or before mobile app release. To the extent of any conflict, the store-required terms will apply for the mobile app.

These Terms are governed by the laws of New South Wales, Australia. You and Petmosphere submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them. This does not limit any rights you may have under the Australian Consumer Law, including a right to bring a dispute in another forum where applicable law permits.

If part of these Terms is invalid or unenforceable, it will be read down to the minimum extent necessary or removed, and the remainder will continue in force. A failure to immediately enforce a right is not a waiver. We may transfer our rights and obligations as part of a genuine restructuring, financing, sale or transfer of Petmosphere, provided it does not materially reduce your rights and we notify you of the assignee where practicable.

Petmosphere
Operated by J CAI & S LI & H LU
ABN 24 226 497 748
Email: contact@petmosphere.com.au