Terms of Service

1. Agreement to Terms

By accessing or using ScentGraph ("the Service"), you agree to these Terms of Service ("Terms"). The Service is operated by ScentGraph Digital Pty Ltd (ACN 696 194 564, ABN 26 696 194 564), a company registered in Western Australia ("we", "us", "our", "ScentGraph").

ScentGraph is an iOS application, web application, and companion website for fragrance collection tracking, discovery, reviews, and community engagement, accessible via the ScentGraph app for iOS and at scentgraph.app and app.scentgraph.app.

If you do not agree to these Terms, please do not use the Service.

2. Eligibility

You must be at least 16 years old to use the Service. By creating an account, you represent that you meet this requirement. If you are under 18, you must have consent from a parent or legal guardian.

3. User Accounts

To access certain features, you must create an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You agree to provide accurate information and update it as needed.

We may suspend or terminate accounts that violate these Terms, contain false information, or are used in ways that harm other users or the Service.

4. User Content

You retain ownership of all content you submit to ScentGraph, including reviews, ratings, notes, collection data, and images ("User Content").

By submitting User Content, you grant ScentGraph Digital Pty Ltd a worldwide, non-exclusive, royalty-free licence to:

• Display, distribute, and share User Content within the app and on the website
• Use excerpts, screenshots, and anonymised or pseudonymised statistics derived from User Content in marketing materials, social media posts, presentations, and promotional content
• Allow other users to view, interact with, and share links to your public profile, collection, reviews, and wishlist
• Create anonymised and aggregated datasets derived from User Content (including reviews, ratings, collection data, wear logs (Scent of the Day entries), and usage patterns) to improve the Service, power recommendations, and generate trend insights
• Use anonymised and aggregated User Content to train, improve, and develop our recommendation engine, AI features, and machine learning models that power the Service

This licence continues even if you delete your account, but only to the extent that User Content has already been shared, distributed, or incorporated into anonymised or aggregated data. You may delete your individual content at any time through the app. Anonymised and aggregated data that can no longer be linked to you is not subject to deletion requests.

You represent that you have the rights to all content you submit and that your content does not infringe the intellectual property or other rights of any third party.

We may remove or restrict content and suspend or terminate accounts when we reasonably believe it is necessary to protect users, comply with applicable law, or enforce these Terms.

Photographs and images you upload

The Service lets you upload photographs: bottle photos, avatars, and images attached to reviews or wears. For each image you upload you grant ScentGraph Digital Pty Ltd the worldwide, non-exclusive, royalty-free licence set out above, for the purpose of operating and promoting the Service. You represent and warrant that you own or have the rights to every image you upload, that it does not infringe any third party's copyright, trademark, privacy, or publicity rights, and that any identifiable person shown has consented to its use. We may review, remove, or restrict any image, without prior notice, where we reasonably believe it breaches these Terms or the rights of another, and any rights holder may request removal through the notice-and-takedown process in Section 7.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Submit content that is defamatory, harassing, threatening, or that infringes intellectual property rights
• Upload or display graphic, explicit, sexually suggestive, violent, or otherwise inappropriate content as your avatar, profile image, or anywhere within the Service
• Post reviews, notes, or comments that contain hate speech, discrimination, personal attacks on other users, or content unrelated to fragrance
• Submit fake, misleading, or spam reviews, ratings, or content designed to manipulate community data or rankings
• Attempt to gain unauthorised access to any part of the Service
• Interfere with or disrupt the Service or its infrastructure
• Scrape, crawl, or extract data without our written permission
• Impersonate another person or entity
• Use automated tools or bots to interact with the Service
• Upload malicious code, viruses, or harmful content
• Use the Service to promote unrelated products, services, or commercial activities without our written permission

Zero tolerance for objectionable content and abusive users

ScentGraph has zero tolerance for objectionable content and abusive behaviour. Content that violates these Terms (including harassment, hate speech, threats, sexually explicit or graphic material, and content intended to demean or intimidate other users) is grounds for immediate removal without prior notice. Users who post such content, or who use the Service to abuse, harass, or harm others, may have their accounts immediately suspended or permanently terminated, at our sole discretion.

Content moderation and reports

We reserve the right to review, remove, or restrict any content that violates these Terms or that we reasonably consider harmful, offensive, or inappropriate, without prior notice. Repeated or serious violations may result in temporary suspension or permanent termination of your account.

We review all reports of objectionable content or abusive users and act on them within 24 hours, including removing the reported content and, where warranted, suspending or terminating the responsible account.

In-app safety tools

The ScentGraph app provides the following safety mechanisms:

• Block a member: Blocking is mutual and immediate: once you block a member, neither of you can see the other's profile, content, or activity anywhere in the Service. The blocked member is not notified.
• Report a member or content: You can report a member's profile, or an individual review or wear entry, directly from within the app. Reports are confidential and reviewed within 24 hours.
• Email: You can also report content or behaviour at any time by emailing support@scentgraph.app.

6. Intellectual Property

The ScentGraph brand, logo, design, and all associated visual assets are the intellectual property of ScentGraph Digital Pty Ltd. You may not copy, modify, distribute, or create derivative works without our written permission.

Fragrance data within the Service (names, brands, notes, accords) is compiled from publicly available sources and user contributions. Individual fragrance names and brand names remain the property of their respective owners.

7. Third-Party Images and Content

Some product images, logos, and other materials displayed in ScentGraph (including bottle photos and brand marks) are owned by third parties such as fragrance brands, manufacturers, and retailers ("Third-Party Content"). All rights in Third-Party Content remain with their respective owners.

We use Third-Party Content under licence, through affiliate or partner programmes, or on the basis that it is made available for promotional or informational use. We do not claim ownership of this material, and its presence in ScentGraph does not imply any endorsement or sponsorship by the relevant brand.

You may not download, copy, redistribute, modify, or otherwise use Third-Party Content from ScentGraph except as permitted by law or with permission from the relevant rights holder.

Reporting infringing material (notice and takedown)

If you are a rights holder and believe material on the Service infringes your copyright or other rights, send a notice to our designated agent at legal@scentgraph.app including:

• identification of the work and the material said to infringe, with enough detail to locate it;
• your contact details;
• a statement that you hold a good-faith belief the use is not authorised;
• a statement, made under penalty of perjury where applicable, that the notice is accurate and you are authorised to act; and
• your signature (electronic accepted).

On a valid notice we will remove or disable the material promptly and, where we can, notify the member who posted it. That member may submit a counter-notice on the same terms; if we receive one we may restore the material unless the rights holder pursues the matter. Repeat infringers (members who repeatedly post infringing material) will have their accounts terminated.

8. Affiliate Links and Third-Party Services

The Service contains links to third-party retailers including, but not limited to, FragranceX, FragranceNet, Sephora, and Chemist Warehouse. Some of these links are affiliate links, which means ScentGraph Digital Pty Ltd may earn a commission if you make a purchase through them. This does not affect the price you pay.

We are not responsible for the products, services, pricing, shipping, returns, or policies of third-party retailers. Your interactions with retailers are governed by their own terms and privacy policies.

Our editorial content and recommendations are community-driven and are not influenced by affiliate relationships. We disclose affiliate partnerships transparently.

9. Advertising, Sponsored Content, and Brand Partnerships

The Service may display sponsored content, advertisements, and brand-partnered recommendations. These will be clearly identified as sponsored or promoted where they appear.

We may partner with fragrance brands, retailers, and other companies to offer:

• Sponsored product placements and featured fragrances
• Brand-sponsored promotions, competitions, and giveaways
• Personalised recommendations informed by brand partnerships
• Targeted content based on your preferences and activity within the Service

We do not sell your personal information to advertisers. Advertisers may select audience segments (e.g., "users interested in oud fragrances") and we deliver content to matching users. Your individual identity is not disclosed to advertisers unless you choose to interact with their content or offers directly.

Where we use hashed or pseudonymised identifiers for audience targeting on third-party advertising platforms (such as lookalike audiences), we will only do so with your prior consent where required by applicable law. You may opt out of personalised advertising through your account settings.

Community-driven reviews and editorial content remain independent from advertising relationships.

10. Paid Subscriptions

We may offer paid subscription plans ("ScentGraph Pro" or similar) with additional features. If you subscribe:

• Pricing will be clearly displayed before purchase. We may change pricing with reasonable notice.
• Subscriptions may auto-renew unless cancelled before the renewal date.
• If you subscribe through the Apple App Store, Google Play, or a similar platform, the subscription is also subject to that platform's terms and conditions. Refunds and cancellations for in-app purchases are managed through the respective platform, except where required by law.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.

Refund policy

ScentGraph Pro is a digital subscription service. Subscriptions are non-refundable once the billing period has commenced, except where required by applicable law (including the Australian Consumer Law). If you cancel, you retain access to Pro features until the end of your current billing period. No partial or prorated refunds are issued for unused time within a billing period.

If you believe you have been incorrectly charged, please contact support@scentgraph.app within 14 days of the charge. We will review your request and, where appropriate, issue a refund or credit.

Chargebacks and payment disputes

If you initiate a chargeback or payment dispute with your bank or payment provider without first contacting us, we reserve the right to immediately suspend your account pending resolution of the dispute. If a chargeback is upheld and determined to be fraudulent or in bad faith, your account may be permanently terminated and any referral rewards, Pro trial days, or credits will be forfeited.

We strongly encourage you to contact support@scentgraph.app before initiating a dispute so we can resolve the issue directly.

11. Apple App Store Terms

Where you obtain the ScentGraph app through the Apple App Store, you acknowledge:

• These Terms are between you and ScentGraph Digital Pty Ltd only, not Apple. Apple is not responsible for the app or its content.
• Your licence to use the app is a non-transferable licence to run it on any Apple-branded device you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the app. Support requests go to support@scentgraph.app.
• To the extent permitted by law, Apple has no warranty obligation for the app; any claim that the app fails to conform to a warranty is our responsibility, not Apple's.
• Apple is not responsible for addressing product-liability, third-party intellectual-property, or legal-compliance claims relating to the app; these are our responsibility under these Terms and applicable law.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Referral Programme

ScentGraph may offer a referral programme that rewards users for inviting others to the Service. By participating, you agree to the following:

• Referral rewards (such as free Pro trial days) are non-monetary, non-transferable, and non-redeemable for cash. They have no monetary value and cannot be exchanged, sold, or transferred to another account.
• Rewards are granted at our sole discretion. We reserve the right to modify, suspend, or terminate the referral programme at any time without prior notice.
• Referral rewards are subject to qualification criteria (e.g., the referred user must sign up, add fragrances to their collection, and log their first Scent of the Day). We determine whether criteria have been met.
• There may be caps on the total rewards a user can earn through referrals (currently 60 days of Pro access). We may adjust these caps at any time.
• All referral rewards are forfeited upon account closure or termination, whether initiated by you or by us.
• Gaming, abuse, or manipulation of the referral system (including creating fake accounts, self-referrals, or using automated tools) will result in forfeiture of all rewards and may lead to account termination.
• We may revoke rewards retroactively if we determine they were obtained through fraudulent or abusive means.

13. Gift Codes

ScentGraph may make ScentGraph Pro available as a gift through redeemable codes, whether purchased or issued at our discretion. Where a gift code is offered, the following terms apply:

• A gift code grants a fixed term of ScentGraph Pro, stated at the time the code is issued. The grant is a one-time term and does not auto-renew; access ends when the granted term expires.
• Each code may be redeemed once, by a single account. Redemption requires a ScentGraph account, and you must be signed in to redeem.
• When you redeem a code, the granted term is added to any ScentGraph Pro you already hold, beginning from the later of the date of redemption or the date your current Pro access is due to end. Redeemed time is added to, and does not shorten or replace, time you already hold.
• A code may carry a validity window and will state an expiry where one applies. A code that has expired, that has already been redeemed, or that has reached its redemption limit can no longer be used.
• Gift codes, and the Pro time they grant, have no cash value. They cannot be exchanged or redeemed for cash, credit, or any other benefit, and may be transferred only by passing on the code itself before it is redeemed.
• Once a code has been redeemed it is non-refundable. Where a code was purchased, the purchaser may request a refund of that purchase only while the code remains unredeemed. A refund cannot be provided after the code has been redeemed, except where required by applicable law (including the Australian Consumer Law).
• We may void a code, and reverse any Pro access granted by it, where we reasonably believe the code was obtained, distributed, or redeemed through fraud, error, or abuse.
• Gift codes remain subject to the rest of these Terms, including the paid subscription and refund provisions in Section 10 and the platform terms in Section 11.

14. AI Assistant

ScentGraph may include an AI-powered scent assistant ("AI Assistant") to help with fragrance-related questions, recommendations, and discovery. By using the AI Assistant:

• You acknowledge that AI-generated responses are for informational and entertainment purposes only. They are not professional advice and may contain inaccuracies.
• The AI Assistant is designed exclusively for fragrance-related topics. Attempts to use it for unrelated purposes may be declined.
• Usage of the AI Assistant may be subject to rate limits or daily caps, which may differ between free and paid tiers.
• Your messages to the AI Assistant may be processed by third-party AI providers (see our Privacy Policy). Do not share sensitive personal information in AI conversations.
• We reserve the right to modify, limit, or discontinue the AI Assistant at any time.
• Abusive use of the AI Assistant (e.g., prompt injection attempts, circumventing safety measures, or excessive automated requests) may result in access restrictions or account suspension.

15. Disclaimers

The Service is provided for informational and entertainment purposes. ScentGraph does not provide medical, health, or professional advice. If you have concerns about allergies, skin reactions, or sensitivities to fragrance ingredients, consult a qualified professional.

Fragrance reviews, ratings, and recommendations on ScentGraph reflect community opinions and personal experiences. They should not be treated as professional assessments.

16. Working with ITBG Labs

ScentGraph Digital Pty Ltd works with ITBG Labs Pty Ltd ("ITBG Labs") on product development and technical infrastructure. ITBG Labs does not independently collect or control your personal data.

Where necessary for product development and infrastructure purposes, ITBG Labs may access data as a processor acting on our instructions. All such access is subject to our Privacy Policy and applicable data protection law.

We may share anonymised and aggregated data (such as case study metrics and usage statistics) with ITBG Labs.

17. Service Availability and Discontinuation

We strive to keep ScentGraph available and reliable, but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time. If we permanently discontinue the Service, we will provide at least 30 days' notice via email or in-app notification. During this notice period, you will be able to export your data (collection, reviews, and profile information). After discontinuation, your data will be deleted in accordance with our Privacy Policy and applicable data retention laws.

Active paid subscriptions will be cancelled and prorated refunds will be issued for any unused portion of the current billing period in the event of permanent discontinuation.

18. Assignment and Transfer

We may assign, transfer, or delegate these Terms, and your account and associated data, to a successor entity, including through merger, acquisition, corporate restructuring, or sale of all or substantially all of our assets, without your prior consent, provided that the successor entity agrees to be bound by these Terms.

In the event of such a transfer, we will notify you via email or in-app notification. Your continued use of the Service after the transfer constitutes acceptance. If you do not agree to the transfer, you may delete your account.

You may not assign or transfer your rights or obligations under these Terms without our written consent.

19. Limitation of Liability

To the maximum extent permitted by law, ScentGraph Digital Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. The Service is provided "as is" and "as available" without warranties of any kind.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

20. Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold harmless ScentGraph Digital Pty Ltd, its directors, officers, employees, and contractors from any claim, loss, liability, or expense (including reasonable legal costs) arising from: (a) content you submit to the Service, including photographs and images; (b) your breach of these Terms; (c) your infringement of any intellectual property or other right of a third party; or (d) your misuse of the Service.

Nothing in this clause requires you to indemnify us for loss caused by our own negligence or wilful misconduct, or to the extent such indemnity is limited by the Australian Consumer Law.

21. Changes to Terms

We may update these Terms from time to time. When we make significant changes (for example, to how your data is used, the licence you grant, or the way disputes are handled) we will notify members through the Service or by email and ask you to accept the revised Terms before you continue. Clarifying or minor changes take effect on publication. Your continued use after changes take effect constitutes acceptance of the updated Terms.

22. Governing Law

These Terms are governed by the laws of Western Australia. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Western Australia, except where applicable law requires otherwise.

23. Contact

Questions about these Terms?