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 a web application and companion website for fragrance collection tracking, discovery, reviews, and community engagement, accessible 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, 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.

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

Content moderation

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.

If you encounter content that violates these guidelines, please report it to 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.

If you are a rights holder and believe that any image, logo, or other material in ScentGraph infringes your rights or is used in a way you do not approve of, please contact us at hello@scentgraph.app. We will review your request and, where appropriate, remove or update the material within a reasonable timeframe.

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. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. Changes to Terms

We may update these Terms from time to time. When we make significant changes, we will notify users through the Service or via email. Your continued use after changes take effect constitutes acceptance of the updated Terms.

19. 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.

20. Contact

Questions about these Terms?