Terms of Service

This is a draft prepared for review by a qualified lawyer. It is not legal advice.

These Terms of Service ("Terms") are a legal agreement between you and Loupeco Pty Ltd, ABN 20 701 804 926 ("Loupe", "we", "us", "our"). They govern your use of the Loupe website, application, and services (together, the "Service"). By creating an account or using the Service, you agree to these Terms, the Privacy Policy, and the Valuation Disclaimer. If you do not agree, do not use the Service.

1. What Loupe is

Loupe is a private ledger for designer handbags. It helps you catalogue what you own, keep documentation (receipts, appraisals, certificates, and photos) per piece, and see an ongoing market-value estimate for each piece based on resale market data.

Loupe provides market-value estimates only. It does not provide certified or professional appraisals, authentication, financial product advice, investment advice, or insurance, and Loupe is not an insurer, insurance broker, valuer, or financial adviser. Please read the Valuation Disclaimer, it forms part of these Terms.

2. Eligibility and your account

You must be at least 16 years old and able to form a binding contract to use the Service. You are responsible for the accuracy of the information you provide, for keeping your login credentials secure, and for all activity under your account. Tell us promptly if you suspect unauthorised use. You may only use the Service for your own lawful, personal purposes.

3. Your content

"Your Content" means the pieces, details, notes, photos, and documents you add to Loupe.

• You own it. As between you and Loupe, you keep all rights in Your Content.
• You give us a limited licence. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, display, and adapt Your Content only as needed to provide the Service to you (including generating estimates, extracting attributes, producing reports, and creating backups). This licence ends when you delete the content or close your account, subject to our retention obligations in the Privacy Policy.
• You are responsible for it. You confirm you have the right to upload Your Content, and that it does not infringe anyone's rights or break any law. Do not upload others' personal or sensitive information without a proper basis.
• AI processing. Some features send Your Content to a third-party AI provider for processing. We do this as described in the Privacy Policy, and we configure our integration so that Your Content is not used to train that provider's models beyond returning a result to us.

4. Acceptable use

You agree not to:

• use the Service unlawfully, or to store or share unlawful, infringing, or harmful content;
• upload malware, attempt to breach security, access another user's data, or probe, scan, or test the vulnerability of the Service without authorisation;
• scrape, harvest, or bulk-extract data, or use the Service to build a competing dataset or product;
• attempt to manipulate, reverse-engineer, or extract the valuation models or the AI tools, or submit prompts designed to make the concierge act outside its intended scope;
• exceed the usage limits of your plan, or evade quotas, rate limits, or fees; or
• resell, sublicense, or provide the Service to third parties.

We may suspend or terminate accounts that break these rules.

5. Plans, fees, and billing

Some features are free and some require a paid subscription. Pricing, inclusions, and any free allowance are shown on our pricing page and may change with notice. Paid subscriptions are billed through our payments provider (Stripe) on a recurring basis (monthly or annually) until cancelled.

• Renewal. Subscriptions renew automatically at the end of each period unless you cancel before renewal.
• Cancellation. You can cancel at any time in your account settings; cancellation takes effect at the end of the current paid period, and you keep access until then.
• Refunds. Except where required by law (including the Australian Consumer Law) or expressly stated, fees are non-refundable. Nothing here limits your non-excludable consumer rights.
• Taxes. Prices may be shown exclusive or inclusive of GST or other taxes as indicated at checkout.
• Changes. If we change fees, we will give you reasonable notice, and changes apply from your next billing period.

6. The valuation estimate, important limits

You acknowledge and agree that:

• values, projections, market signals, and reports shown in Loupe are automated estimates for information only, not certified appraisals, guarantees, or advice;
• estimates depend on third-party market data and on the accuracy of the details you record, and may be incomplete, delayed, or wrong;
• any "valuation summary" is a documentation summary to support your dealings with your own insurer or appraiser, it does not create, evidence, or guarantee any insurance cover; and
• you should obtain independent professional appraisal and confirm insurance cover directly with your insurer before relying on any value for an important decision.

7. Availability and changes to the Service

We work to keep the Service available, but we provide it on an "as is" and "as available" basis and may modify, suspend, or discontinue features. We may perform maintenance and may set reasonable limits (for example, storage or processing quotas by plan). We are not responsible for issues caused by third-party providers, your device, or your connection.

8. Third-party services

The Service relies on third-party providers (for example, hosting, database, AI, payments, and email, see the Sub-processor List). Their services are governed by their own terms, and we are not responsible for their acts or omissions beyond our own obligations to you.

9. Intellectual property

The Service, including the Loupe name, "Maison" design, software, and content we provide (but excluding Your Content), is owned by Loupe or our licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose. You may not copy, modify, distribute, or create derivative works from it except as allowed by law.

10. Termination

You may stop using the Service and delete your account at any time (Settings → Privacy). We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the Service (in which case we will give reasonable notice where practical). On termination, your right to use the Service ends; sections that by their nature should survive (for example, content licence wind-down, disclaimers, limitation of liability, and governing law) will survive. We handle your data on termination as described in the Privacy Policy.

11. Disclaimers

To the maximum extent permitted by law, the Service and all estimates, projections, and reports are provided without warranties of any kind, express or implied, including as to accuracy, reliability, merchantability, or fitness for a particular purpose. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any estimate is accurate or current.

12. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, our liability is limited (at our option) to re-supplying the relevant service or paying the cost of having it re-supplied.

13. Limitation of liability

Subject to section 12, and to the maximum extent permitted by law:

• we are not liable for any indirect, incidental, special, or consequential loss, or for loss of profits, data, goodwill, or anticipated savings; and
• our total aggregate liability arising out of or in connection with the Service is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) AUD 100.

In particular, we are not liable for any loss arising from your reliance on a valuation estimate, projection, or report, or from any insurance, sale, or purchase decision you make.

14. Indemnity

To the extent permitted by law, you agree to indemnify us against claims, losses, and reasonable costs arising from Your Content, your use of the Service in breach of these Terms, or your breach of law or of another person's rights.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you (for example, by email or in-app) before they take effect where required. Continuing to use the Service after changes take effect means you accept the updated Terms.

16. Governing law and disputes

These Terms are governed by the laws of [New South Wales, Australia], and you and we submit to the non-exclusive jurisdiction of the courts of that place. This does not deprive you of the protection of mandatory consumer laws of your country of residence. Before starting formal proceedings, please contact us so we can try to resolve the matter.

17. General

If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours as part of a business transfer. These Terms, together with the Privacy Policy and Valuation Disclaimer, are the entire agreement between you and us about the Service.

18. Contact

Questions about these Terms: support@loupe.example (placeholder), or [REGISTERED ADDRESS].

Draft placeholders to complete before publishing: legal entity name, ABN, registered address, contact email/domain, governing-law jurisdiction (default New South Wales), liability cap figures, and free-allowance/refund specifics once pricing (Phase 8) is locked. Flagged for review by a qualified Australian lawyer, including Australian Consumer Law and any financial-services considerations.