Legal
Terms of Service
The agreement between you and Appsanic for using the service: plans, credits, billing, refunds and acceptable use, under the laws of New South Wales, Australia.
Acceptance
These Terms of Service (the Terms) form a binding agreement between you and Encode Digital Software Solutions Pty Ltd (ACN 690 774 719), a company registered in New South Wales, Australia, which trades as Appsanic (we, us or our). Appsanic is the company’s product and trading name.
By creating an Account, or by accessing or using any part of the Service (defined in the section Definitions), you agree to these Terms. If you do not agree to these Terms, do not use the Service.
When you create an Account you also confirm that you have read our Privacy Policy, which explains how we handle personal information. Our Privacy Policy and our Cookie Policy are notices under the Privacy Act 1988 (Cth) rather than terms you must agree to. They apply whether or not you hold an Account, and nothing in these Terms is your consent to any handling of personal information that the law requires us to obtain separately.
These Terms include our acceptable use rules (the sections from Lawful use to Reporting abuse and vulnerabilities) and our billing and refund rules (the sections from Plans and Credits to Taxes), which were previously published as separate policies and now form part of this document, together with any further terms we publish and refer to from these Terms.
We may publish additional terms for a specific feature or paid plan. Where those terms conflict with these Terms for the feature in question, the feature-specific terms prevail to the extent of the conflict. We show you any feature-specific terms before you first use the feature or buy the plan, and they cannot reduce your rights under the Australian Consumer Law or under the sections Your Australian Consumer Law rights and Limitation of liability.
Every exclusion, limitation, disclaimer and indemnity in these Terms applies only to the extent the law permits and is subject to the section Your Australian Consumer Law rights. To the extent a provision would otherwise exclude, restrict or modify a right, guarantee or remedy you have under the Australian Consumer Law or another law that cannot be excluded by agreement, that provision does not apply.
The date shown at the top of this page is the date the current version of the Terms took effect. If you held an Account before 6 November 2026, your subscription keeps the price and allowances of the catalogue version you bought.
Definitions
In these Terms, the following words have the meanings given here and are used consistently throughout.
- Account
- The account you create with a verified email address and a password to access the Service, together with the personal workspace that holds your projects, files, conversations and billing. Every workspace belongs to one person. There are no shared workspaces, teams, seats or collaborators.
- Business day
- A day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.
- Connector
- One of the third-party services you may configure a project to use (currently Supabase, WordPress, Shopify, RevenueCat, OneSignal, Algolia and Sentry) by entering the public client details of your own account with that service.
- Credits
- The units that meter your use of Sanic AI, as described in the section Plans and Credits.
- Expo and Expo Go
- Expo is the third-party platform whose command-line tools run on our isolated server to package and serve your app during phone testing, and Expo Go is its app for your phone. You use both with your own Expo account under Expo’s own terms.
- Input
- The prompts, instructions, briefs, text, files, images, settings and other material you submit to the Service.
- Output
- The source code, configuration, designs, text, images and other material that Sanic AI or any other part of the Service produces for you.
- Paid period
- The monthly period you have paid for in advance under a paid plan, running from the date the payment is confirmed until the next renewal date.
- project
- An app you are building in the Service, including its document, pages, components, theme, settings, source files, Connector configuration, history and Sanic AI conversations.
- Sanic AI
- The AI app engineer within the Service, offered in the Lite, Core and Pro model tiers, which plans and makes changes to a project in response to your instructions. Sanic AI runs on commercial large language models supplied by our AI model provider. The Pro tier is a model tier and is distinct from the Pro plan.
- Service
- The Appsanic website at appsanic.com, the sign-in pages, the dashboard, the editor, Sanic AI, the browser and phone previews, the documentation and every other feature we provide under the Appsanic name.
- Service providers
- The third parties we engage to help us provide the Service, including our hosting, database, sign-in, payment, email delivery and AI model providers. They are described by role, with their locations, in our Privacy Policy.
Eligibility
You must be at least 16 years old to use the Service. This is a condition of these Terms rather than a check we perform at sign-up. By using the Service you represent that you meet this requirement and that you have the legal capacity to enter into these Terms. If you are under 18, you may use the Service only if a parent or guardian has read these Terms and agrees to them on your behalf, and any paid plan must be bought by that parent or guardian.
If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms, and references to you include that organisation. You must not use the Service if doing so is prohibited by the laws that apply to you, including any applicable sanctions or export control regime.
Your account
- An Account is an email address and a password of at least 12 characters. The address must be confirmed with the code or link we email to it before the Account can be used. An existing Account can also sign in with a sign-in link emailed to its address; a link cannot create an Account. There is no social sign-in, and no profile beyond the email address.
- You must keep the email address on your Account accurate and current, because it is how we reach you and how you recover access, and you must give accurate billing details at checkout. You can change your password or email address from the dashboard Account page.
- You are responsible for protecting your password and your devices, and for activity under your Account that you carry out or authorise, or that results from your failure to protect them. You are not responsible for activity that results from our breach of these Terms or our negligence, or that occurs after you have told us at contact@appsanic.com that your Account may have been accessed without your authority. Passwords pass through our server to our sign-in service and are never stored by us. Changing your password signs out every other device, and a password reset signs out every session, so change your password if you think a device you no longer control is signed in.
- You must tell us promptly at contact@appsanic.com if you suspect unauthorised access to your Account.
- You must not share your Account with others, create an Account using another person’s identity or email address, or operate more than one Account to evade limits, suspensions or Credit metering.
- We may suspend or terminate an Account that breaches these Terms, as set out in the section Suspension and termination.
The Service
Appsanic is a web workspace for building mobile apps for iOS and Android. In broad terms, the Service lets you:
- Describe to Sanic AI the app you want or the change you want. Sanic AI plans the work and edits the project through the same validated editing path that the visual editor uses. Sanic AI is available on paid plans only.
- Build and refine the app in a visual editor with built-in component types, and in a code workspace that holds real TypeScript and React Native source files.
- Start from a template, which creates a project of your own without changing the template itself.
- Configure Connectors with the public client details of your own accounts with those services.
- Run the app in a browser preview, and on your own phone through Expo Go during a phone preview session.
- Review release checks in App settings, which list native preparation errors, missing publishing inputs and the work you must complete outside Appsanic before an app can be released.
We may add, remove or change features of the Service. Where a change materially reduces the functionality of a paid plan during a Paid period you have already paid for, we give you reasonable prior notice by email, and if you do not wish to continue you may cancel and ask us at contact@appsanic.com for a refund of the unused part of that Paid period. Our documentation describes how each part of the Service works today.
Features marked Coming soon, beta or experimental
Some features shown in the Service or on our website are marked Coming soon. At the date of these Terms they are sign-in with Google or GitHub, GitHub sync, export of a standalone native project, signed builds and store submission. A feature marked Coming soon is not part of the Service, is not included in any plan and carries no promise of a release date. Signing an app and submitting it to an app store happen in your own developer accounts outside Appsanic.
We may also offer features labelled beta, early access or experimental. Those features are provided as they are, may be incomplete or unstable, may be changed or withdrawn at any time without notice, and may carry their own additional terms. To the maximum extent permitted by law, and subject to the section Your Australian Consumer Law rights, they are excluded from any service commitment we make for the generally available Service. We label such a feature before you use it, and the label never affects the consumer guarantees that apply to the generally available Service. The browser preview and the phone preview are generally available features of the Service and are not features in this category.
Plans and Credits
The Service is offered on the plans described on the pricing page. Every plan includes the visual editor, the code workspace, themes, Connectors and the browser preview. At the date of these Terms the plans are:
- Free
- US$0. One project, 100 MB of storage and the five starter templates. No Sanic AI and no phone preview.
- Pro
- US$25 a month. 200 Credits each Paid period, the Lite and Core tiers of Sanic AI, five projects, 1 GB of storage, all templates, 60 phone preview minutes a month and one Sanic AI request at a time.
- Premium
- US$60 a month. 500 Credits each Paid period, the Lite, Core and Pro tiers of Sanic AI, unlimited projects, 5 GB of storage, all templates, 120 phone preview minutes a month and one Sanic AI request at a time.
- Business
- US$180 a month. 1,500 Credits each Paid period, the Lite, Core and Pro tiers of Sanic AI, unlimited projects, 20 GB of storage, all templates, 600 phone preview minutes a month and up to three Sanic AI requests at a time, each in a different project.
Credits. Sanic AI is metered in Credits. One Credit covers US$0.01 of model usage at the rate for the tier you choose, measured on the tokens sent to the model, its cache writes and reads, and the tokens it produces, including its reasoning. Credits are reserved before each request is sent to our AI model provider, and any unused reservation is returned when the request ends. There are two kinds of Credit:
- Included Credits are granted once for each Paid period after the payment for that period is confirmed. They expire at the end of that Paid period and do not roll over. An upgrade during a Paid period adds a prorated amount of included Credits that expires at the same time.
- Purchased Credits are bought as a top-up pack. They do not expire while your Account exists, but they can be bought and spent only while a paid plan is active, and they are forfeited when your Account is deleted. Included Credits are spent before purchased Credits. There is no automatic recharge.
- Purchased Credits belong to the Account that bought them and cannot be transferred. They are not refundable for change of mind. Where a refund is due under the section Your Australian Consumer Law rights or is granted under the section When we will refund, it revokes the refunded Credits as that section describes.
Open-ended or ambiguous prompts can consume more Credits than you expect, and a request that has already been sent to our AI model provider consumes Credits even if you stop it afterwards. Closing your browser does not cancel a request that is already running on our servers. Monitoring your Credit balance, which is shown with your usage in the dashboard, is your responsibility. Subject to the section Your Australian Consumer Law rights, we are not obliged to refund Credits consumed by Sanic AI in the course of doing the work you asked it to do.
Phone preview time is a separate monthly allowance of minutes for each paid plan and is not paid for with Credits. Storage is included in each plan and cannot be bought separately. If you move to a plan with a smaller storage allowance, your existing files remain but new uploads above the allowance are refused.
We apply spending limits across the whole platform to control our own cost. When a limit is reached, a new Sanic AI request is declined for capacity, and a request that is already running may stop before its next model call, even if your Account has Credits available. Work already applied to your project is kept, and Credits are consumed only for model calls that were sent. The message shown in the editor explains what to do next.
If capacity limits prevent you from using Sanic AI for a sustained part of a Paid period, email contact@appsanic.com and we will extend your included Credits or refund part of the Paid period as the circumstances warrant. This is in addition to your rights under the Australian Consumer Law.
Billing
In short: paid plans are billed in advance in US dollars on a monthly cycle that renews automatically. We do not refund for change of mind, for the unused part of a Paid period or for Credits you have already used. You can cancel at any time and keep access until the end of the period you have paid for. If you are a consumer under the Australian Consumer Law, your guarantees are preserved in full.
Paid plans and top-up packs are billed in advance, in US dollars, at the prices shown on the pricing page at the time you buy. A paid plan is a subscription: it renews each month at the same price until you cancel, and you can cancel online at any time from Billing in the dashboard, which opens our payment provider’s billing portal. Appsanic itself does not send a reminder before a renewal; your renewal date and invoices are shown in Billing and in the portal. Prices are before applicable taxes (see the section Taxes). Subscriptions are monthly only, and annual billing is not available. The price and allowances of the plan you buy are fixed for your subscription: when we change the catalogue, existing subscriptions keep their original price and terms.
Checkout and the billing portal are hosted pages run by our payment provider in the United States. Your card details and your billing name and address are entered on those pages and are held by the payment provider; they never reach Appsanic. Our payment provider is responsible for the security of the card details it holds. We send the payment provider only your workspace identifier, the price you chose and request metadata. We keep the payment provider’s customer and subscription identifiers, your plan, paid-through date and subscription status, and a snapshot of each invoice, so that we can run your Account. We hold no card number, card brand, last four digits or expiry date.
A checkout page expires 23 hours after the purchase is started. Returning to Appsanic from checkout is not proof of payment: a purchase takes effect only when the payment provider confirms it through the signed notifications it sends us or a verified read of its records, and until then the purchase is shown as pending. Purchases belong to the Account, not to the name on the card. If you pay with a payment method that belongs to someone else, you confirm that you have their authority to use it. New checkouts may occasionally be unavailable while our billing systems recover; cancellation and your existing access continue to work during that time.
Invoices and receipts
Invoices for subscription payments are issued by our payment provider and are available in its hosted billing portal, which you open with Subscription and invoices in Billing in the dashboard. Each subscription invoice records the plan, the period covered, the amount charged and any applicable tax. A top-up pack is a one-time payment and does not appear as an invoice in the portal. A pending upgrade shows the payment provider’s own invoice payment link. If you need an invoice or receipt that you cannot locate, including one for a top-up pack, email contact@appsanic.com and we will help you obtain it.
You can also ask us for an itemised account of any charge within 30 days of the supply or of receiving the invoice, and we will supply it free of charge within seven days, as the Australian Consumer Law requires.
Cancellation, downgrades and failed payments
You can cancel at any time. Upgrades and downgrades are made from Billing in the dashboard. Cancellation is made in our payment provider’s billing portal, which you open with Subscription and invoices in Billing; the portal offers cancellation at the end of the current Paid period only, so to avoid the next charge, cancel before the renewal date shown there.
Cancellation takes effect at the end of the current Paid period: your subscription does not renew, you keep your plan and any remaining included Credits until the paid-through date, and the Account then returns to the Free plan and the included Credits expire. There is no immediate-cancellation option, so cancelling never shortens a period you have already paid for. Purchased Credits remain on the Account but cannot be spent until a paid plan is active again.
- Upgrades. An upgrade is shown to you as a quote that is valid for a short time, shown with the quote. The prorated charge for the rest of the current Paid period, including any discount or tax, is calculated by our payment provider at the time of the quote. The upgrade takes effect once that charge is paid. While a payment is pending or has been declined, you keep your current plan and are shown the payment provider’s payment link.
- Downgrades. A downgrade is scheduled for the next renewal. Nothing is charged and no Credits change until then, and the scheduled downgrade survives an upgrade made in the meantime. Plan allowances, including storage and projects, adjust to the new plan at renewal. Existing files and projects are kept, but new uploads above the new storage allowance are refused until you are within the allowance, and the project limit of the new plan applies.
Failed payments. Renewal payments are attempted by our payment provider using the payment method it holds for you. Paid features continue until the end of the period you have already paid for. If a renewal is not paid, the subscription ends, the Account returns to the Free plan, included Credits expire and paid features become unavailable until a paid plan is bought again. Purchased Credits are kept. You can update your payment method in the billing portal at any time to avoid an interruption.
Appsanic itself does not send a notice when a renewal payment fails. Your payment status is shown in Billing in the dashboard and in the payment provider’s portal, and any notice from the payment provider comes from it, not from us. Nothing you have already paid for is lost: your plan runs to the end of the period paid for.
No refunds for change of mind
Subject always to your rights under the Australian Consumer Law (see the section Your Australian Consumer Law rights), we do not offer refunds for:
- change of mind after you subscribe to a plan or buy a top-up pack;
- the unused portion of a Paid period when you cancel part-way through it;
- partial periods of access where the Service has been made available to you; and
- Credits already consumed by Sanic AI, whether or not the Output met your expectations. Output is inherently variable, and the fact that a request consumed Credits does not by itself mean that we have failed to comply with a consumer guarantee.
If you cancel, your subscription continues to the end of the Paid period and then does not renew. We encourage you to evaluate the Free plan, the documentation and the published plan inclusions before you subscribe.
If you live in the European Union or the United Kingdom, you may withdraw from a paid plan or top-up purchase within 14 days of buying it by emailing contact@appsanic.com. We refund the price less a proportionate amount for the part of the Paid period already supplied and for Credits already consumed. Nothing in these Terms removes consumer rights that the law of your country gives you and that cannot be excluded by agreement.
Your Australian Consumer Law rights
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
The remedies described in the sections When we will refund and How to request a refund are in addition to other rights and remedies you have under the law.
If you are a consumer under the Australian Consumer Law (the ACL, being Schedule 2 to the Competition and Consumer Act 2010 (Cth)), our supply of the Service comes with guarantees that cannot be excluded, restricted or modified. Because every plan and top-up pack costs far less than A$100,000, you are a consumer under the ACL whether you use the Service personally or for a business, unless you acquire it to resupply it. The consumer guarantees therefore apply to your use of the Service on every plan, including the Free plan. Among other things, the guarantees for services in sections 60 to 62 of the ACL mean that:
- services will be rendered with due care and skill;
- services will be reasonably fit for any purpose you make known to us, or that we represent they are fit for, before you enter the agreement, and of such a nature and quality that they might reasonably be expected to achieve any result you make known to us; and
- services will be supplied within a reasonable time where no time has been fixed.
Non-major failures. Where we fail to meet a consumer guarantee and the failure can be fixed and is not major, you are entitled to have us remedy the problem within a reasonable time. If we do not, you may have it remedied elsewhere and recover the reasonable cost from us, or cancel the contract.
Major failures. Where the failure is major (for example, where a reasonable consumer fully acquainted with the failure would not have acquired the Service, or where the Service is substantially unfit for its ordinary purpose or for a purpose you made known to us and cannot easily and within a reasonable time be remedied), you may cancel and obtain a refund for the unused part of the supply, or keep the contract and recover compensation for the reduction in value. In either case you may also be entitled to compensation for any reasonably foreseeable loss or damage caused by the failure.
Nothing in these Terms, our Privacy Policy, our Cookie Policy or any other Appsanic document excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the ACL or any other law, where to do so would be unlawful. Where the ACL permits us to limit our liability for breach of a consumer guarantee, we do so as set out in the section Limitation of liability. If you believe you have a claim under a consumer guarantee, email contact@appsanic.com and we will work through it with you in good faith.
When we will refund
In addition to, and without limiting, your rights under the ACL, we will consider and, where verified, may grant a refund or a billing adjustment on a discretionary basis in the following situations:
- Duplicate charge. If our billing system charged you twice for the same plan or pack, we may reverse the duplicate charge.
- Extended outage we caused. If the Service was unavailable for a sustained period because of a fault on our side, we may refund, or credit against your next subscription charge, a prorated part of the subscription fee for the period of unavailability. This is a billing adjustment, not Sanic AI Credits.
- Unauthorised charge. If your payment method was used without your authorisation, tell us immediately. Where we verify that the charge was unauthorised, we may refund it and will help you secure the Account.
- Failure to deliver a specifically promised feature. Where we specifically represented to you that a feature would be available on your plan and we did not provide it, we will work in good faith towards a refund or a billing adjustment. A feature marked Coming soon is not a promised feature.
- Termination by us without breach. If we end your Account during a Paid period for a reason other than your breach, we refund the unused part of that period, as the section Suspension and termination describes.
These discretionary refunds are assessed case by case. They are discretionary remedies, not a warranty against defects, and they are separate from, and do not reduce, any remedy you are entitled to under the ACL.
When our payment provider records a refund, the Service applies the following rules automatically. A partial refund of a top-up pack revokes the same proportion of the purchased Credits; any tax refunded is not a Credit. A refund of Credits that have already been consumed or reserved blocks new Sanic AI requests until we have reconciled the Account. A refund of a subscription payment freezes the Account for review rather than charging you again or granting Credits: until we have reconciled the Account, new Sanic AI requests, phone preview sessions, plan changes and new purchases are refused, while your projects remain accessible.
When we approve a refund we tell you what to expect, lift any freeze as soon as the refund has been reconciled, and never treat a refund you were entitled to as a breach of these Terms. A freeze for review does not stop you from signing in, exporting your projects or cancelling.
How to request a refund
The Service has no refund control. Refunds are handled by email. To request one, write to contact@appsanic.com from the email address on your Account and include:
- the email address on your Account;
- the date and amount of the charge; and
- a short description of what happened and the outcome you are seeking.
We will acknowledge your request, may ask you for more detail, and will respond within a reasonable time with the outcome and our reasons. Approved refunds are issued to the original payment method through our payment provider or, where that is no longer possible, by another method we agree with you. If you can no longer use the email address on your Account, tell us how we can verify that the Account is yours. Your bank or card issuer may take additional time to show the refund on your statement, which is outside our control.
Chargebacks and disputes
Please contact us before filing a chargeback or payment dispute. In most cases we can resolve a billing issue more directly and more completely than a card issuer can, and an email to contact@appsanic.com is the most direct way to resolve it.
When a dispute is raised with your card issuer, the Service automatically freezes your Account for review so that we can investigate and respond to the issuer: new Sanic AI requests, phone preview sessions, plan changes and new purchases are refused until the matter is resolved, while your projects remain accessible. The Account is not charged again and no Credits are granted while the dispute is open. You can still sign in, export your projects and cancel.
The freeze is not a penalty. If the dispute is resolved in your favour, or the charge was not authorised by you, we restore access and refund or re-credit any part of a Paid period lost to the freeze. If the dispute is resolved in our favour, we lift the freeze once we have reconciled the Account, and paid features resume when the disputed amount has been paid or a plan is bought again. Raising a dispute does not remove or reduce your rights under the ACL, and you remain free to pursue those rights at any time. These automatic billing safeguards are described, with the personal information they use, under Automated decision-making and AI transparency in our Privacy Policy.
Taxes
Prices on the pricing page are in US dollars and are before applicable taxes. Any tax that applies to your purchase is calculated and shown at checkout before you confirm, and appears on the invoice. If you are in Australia and GST applies to the supply, the GST amount is shown to you at checkout before you confirm and appears on the invoice. Checkout requires a billing address, which our payment provider uses for this purpose. We do not collect an Australian Business Number (ABN), tax identifier or other business identifier at checkout.
You remain responsible for any taxes, duties or levies imposed on you by your own jurisdiction that we are not required to collect. If you are unsure how tax applies to your purchase, email contact@appsanic.com.
Ownership of content
You own your Input and your Output:
- Your Input. You retain all rights to the Input you provide.
- Your Output. As between you and Appsanic, you own the Output that the Service produces for you, subject to any third-party rights that apply to open-source components and libraries incorporated in it. Libraries you add from the public npm registry carry their own licences, which you must respect. Whether copyright or any other right subsists in Output produced without sufficient human authorship is a question of law, and we do not warrant that it does.
- Templates. Opening a template creates a project that is yours. The template itself, and the built-in components the Service provides, remain ours or our licensors’ property.
You grant us a limited, worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display your Input and Output solely to operate, maintain, support, secure and improve the operation of the Service for you, to enforce these Terms and to comply with the law, including through Service providers outside Australia as our Privacy Policy describes. This licence is no broader than necessary for those purposes and ends when the relevant data is deleted from our systems in the ordinary course of business, except for records we are required to retain (see our Privacy Policy).
We do not use your Input or Output to train or improve any AI model. Requests to Sanic AI are sent to our AI model provider under commercial API terms that do not permit it to train on your data. Our Privacy Policy describes what each request contains and where it is processed.
Output and your duty to review it
Sanic AI uses generative AI models. AI models are probabilistic. The Output they produce can be wrong, incomplete, internally inconsistent or unsuitable for your specific use, even when the plan Sanic AI shows you looks sensible. In particular, Output may:
- Contain errors or bugs: logic mistakes, edge cases Sanic AI did not anticipate, incorrect assumptions about your data, miscalculations or runtime failures.
- Contain security vulnerabilities: code that works in testing but is exploitable in production.
- Contain or resemble copyrighted material. AI models are trained on large datasets, and Output can resemble third-party code or text. We do not warrant that Output is original or non-infringing.
- Reflect biases or inaccuracies from the training data, including factual errors stated with confidence.
- Be unsuitable for regulated industries (health, finance, legal, children’s services, safety-critical applications or similar) without specialist review and certification.
- Consume Credits at unexpected rates on open-ended or ambiguous prompts. Credit usage is yours to monitor.
Build plan, Design review, the browser preview, phone testing and release checks are aids to your own review. They do not replace it, and release checks are not a review of your app’s legal or policy compliance. Before you release or rely on anything the Service produces, you must:
- Review the code, configuration and content for correctness, security and fitness for your purpose.
- Test it thoroughly, including edge cases and failure modes, in the browser preview and on real devices.
- Obtain any domain-specific professional review your industry requires.
- Verify that any third-party library the Output relies on has licence terms compatible with your use.
- Confirm that the Output does not infringe anyone else’s rights before you publish it or allow others to use it.
Subject to the section Your Australian Consumer Law rights, your reliance on Output is at your own risk, and we make no warranty that Output will be accurate, complete, secure, original, non-infringing, fit for your purpose or suitable for production use. Nothing produced by the Service is a substitute for professional advice. This does not exclude the consumer guarantees that apply to the way we supply the Service.
Feedback
If you send us suggestions, ideas, feature requests or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify and exploit that feedback for any purpose, without obligation or compensation to you. This licence covers only the feedback itself and never your Input or Output. You are not required to provide feedback, and any feedback you provide must not include confidential information you are not free to share.
Connectors
The Service can be configured to use the Connectors listed in the section Definitions. A Connector is set up only at your direction and only with the public client details of your own account with that service, such as a project address, a publishable or search-only key, a public App ID or a DSN (a public reporting address). The editor refuses secret and service keys, and you must not enter one anywhere in the Service. The public details are compiled into your app, which talks to each service directly: Appsanic hosts no credentials for your app and relays none of its requests.
Test and Live configurations are saved separately, and only the active one is built into the app. The editor’s connection check runs through our server, which contacts the service with your public details, reads at most its public settings or one public record, and discards the result. Sanic AI sees that a service is connected, together with its address, identifiers and capabilities and, for Supabase, the permitted schema metadata, but never a key, and it cannot change a connection, read your records or administer the service.
Subject to the section Your Australian Consumer Law rights, we are not responsible for the availability, behaviour, security or changes of the third-party service behind any Connector you use; our own connection check and the way the editor handles your public details remain part of the Service. Your relationship with each service is between you and that service. Each service handles the data your app sends it under that service’s own terms and privacy policy, and Appsanic is not a party to that processing. You are responsible for complying with its terms, for the configuration you enter and for the access you grant within your own account with it.
Phone testing and your Expo account
Phone testing runs your project on your own phone through Expo Go. To start a phone preview session you connect a personal Expo account by entering a personal access token in the phone dialog. We send the token to Expo to verify it and read your username, store it encrypted for that project, show only the username, and hand it once to the isolated server that packages and serves your app at the start of each session. The token is never placed in your app’s files or given to Sanic AI. By connecting an Expo account you direct us to send the token to Expo for verification, as our Privacy Policy describes.
You can replace the connection, or remove it with Disconnect Expo account in the phone dialog, whenever no session is running, and it is removed when the project or your Account is deleted. Expo requires Expo Go on a physical iPhone to be signed in to the same Expo account and has said that Android will follow, so sign in to that account on your phone before you scan. Your use of Expo and Expo Go is governed by Expo’s own terms.
A session serves your app through an unpredictable public address encoded in the QR code. Anyone who has that address can load the temporary app and its bundle until the session ends, so keep the QR code private. Reports from a phone running the preview include console output your app prints, so do not print passwords, keys or other people’s personal information in a test app. Session length, idle limits and shared capacity are described in the section Fair use, rate limits and no circumvention.
Your obligations
You are responsible for how you use the Service and for everything you build with it. Specifically, you agree that you will:
- Review and test every Output before you deploy, distribute or rely on it.
- Maintain your own security, including a strong password, secure handling of your own accounts with Connectors and Expo, and appropriate access controls on your own systems. Never paste a password, API key or other secret into a prompt, a brief, a project file or an uploaded image.
- Keep your own exports of any project or Output you consider important. The Service is not a backup service, and our own operational safeguards are not a substitute for copies under your control. You can export each project and an index of your Account at any time (see the section Data, portability and deletion). This does not reduce the consumer guarantees that apply to the way we supply the Service.
- Comply with all laws applicable to the apps you build, the users you serve and the data you collect, including privacy, consumer protection, advertising and export control laws and messaging laws such as the Spam Act 2003 (Cth) and its equivalents elsewhere.
- Obtain any licences or professional reviews your field requires, for example for health, financial, legal or children’s services.
- Keep your Account email address and payment method current so that we can reach you and so that paid services continue without interruption.
Fair use, rate limits and no circumvention
To keep the Service stable and fair for everyone, we apply technical limits. They are described in the documentation and include the items below. We do not reduce the limits that apply to your paid plan during a Paid period you have already paid for, except as the section The Service describes.
- Rate limits on sign-in, sign-up, password reset, password and email changes, deletion requests, exports, Sanic AI requests, project creation, file uploads, billing actions and phone preview controls. A request over a limit is refused with a message asking you to try again shortly.
- Size limits, including 512 KiB per uploaded image, a 2 MB project document and 8 MB of conversation data per project; the storage and project allowances of your plan; and, by default, 20 archived projects per Account.
- Sanic AI limits on the number of conversations open in a session, messages in a conversation, queued messages, images attached to a message, and model turns, tool calls and output tokens within a single run.
- Phone preview limits: one session at a time per Account, up to 60 minutes per session, ending after 15 minutes without a saved change or an active device, and a shared capacity that may place your session in a queue. Queue time is not charged against your allowance.
- Capacity controls, including platform spending limits and billing-system health checks, that can delay or decline a Sanic AI request, a phone preview session or a new checkout.
You must not:
- circumvent, disable or interfere with Credit metering, rate limits, allowances, spending limits or any other technical control;
- access the Service through automated means in a way that imposes an unreasonable load on our infrastructure, except through an interface we expressly provide for that purpose and within its documented limits;
- resell, sublicense or provide the Service to third parties as a hosted product, as described in the section No resale or sublicensing; or
- reverse engineer, decompile or attempt to derive the source code of the Service itself, except to the extent this restriction is prohibited by law.
Acceptable use
The sections from Lawful use to Reporting abuse and vulnerabilities set out the conduct that is, and is not, permitted when you use the Service. We refer to them as our acceptable use rules. They apply to two distinct things:
- Your use of the Service itself: the prompts you send, the projects and content you create, the Connector and Expo details you enter, and the way you interact with our systems and with Sanic AI.
- The apps you build with the Service: the source code, configuration and applications you create, test, publish or release to other people, whether or not they are ever hosted by us.
You are responsible for everyone who uses the Service through your Account. In short: use the Service lawfully, do not use it or its Output to harm people or other systems, and take responsibility for the apps you build with it. The sections that follow explain what that means and how we enforce it.
Lawful use
You must not use the Service, and must not build, distribute or operate any app using the Service, to do anything that is unlawful under Australian law or under the laws of any other jurisdiction that applies to you, to us or to the people who will use what you build. This prohibition includes, without limitation, activity regulated or prohibited by:
- the Criminal Code Act 1995 (Cth), including offences relating to child abuse material, terrorism, fraud and interference with computers and data;
- the Privacy Act 1988 (Cth) and the Australian Privacy Principles, including the unlawful collection, use or disclosure of personal information;
- the Spam Act 2003 (Cth), including the sending of unsolicited commercial electronic messages;
- the Online Safety Act 2021 (Cth), including its rules on cyber-abuse material, image-based abuse and class 1 and class 2 material; and
- any applicable consumer protection, anti-money-laundering, sanctions, export control, gambling, financial services, health regulation or intellectual property law.
You must not use the Service to plan, promote, facilitate or carry out any criminal offence, nor to help any other person do so.
No infringement of the rights of others
You must not use the Service in any way that infringes the legal rights of another person or organisation. In particular, you must not:
- build, distribute, modify or operate content or applications that infringe someone else’s copyright, trademark, patent, design, trade secret or other intellectual property right, or that misappropriate their confidential information;
- impersonate any person or organisation, or falsely state or imply an affiliation, sponsorship, partnership or endorsement that does not exist;
- publish content that is defamatory, or that you know or ought reasonably to know is false and damaging to another person’s reputation;
- harass, bully, stalk, intimidate or threaten any person, or encourage others to do so;
- breach an obligation of confidence or a contractual restriction you owe to a third party; or
- collect, scrape or use another person’s data, name, image or likeness without the lawful basis or consent required to do so.
Output can resemble existing material, and configuring a Connector does not transfer any licence to you. You are responsible for confirming that what you build and publish does not infringe anyone else’s rights. See the section Output and your duty to review it for more detail.
No harmful content
You must not use the Service to generate, request, host, store, distribute or build apps that produce or distribute any of the following. Some of this content triggers immediate, zero-tolerance enforcement and reporting to the authorities where the law requires or permits it, as described in the section Enforcement.
- Child sexual abuse material and child sexualisation. Any content that depicts, describes, sexualises or exploits a child, including computer-generated or AI-generated material, or any content intended to groom or endanger a child. There is no exception to this rule and no warning is given before we act.
- Terrorism and violent extremism. Content that incites, instructs, glorifies or provides material support for terrorism, genocide, mass violence or violent extremist organisations.
- Weapons of mass harm. Content that facilitates the development, acquisition or deployment of weapons capable of mass harm, including biological, chemical, radiological, nuclear or high-yield explosive weapons, or that provides operational guidance for attacks on critical infrastructure.
- Non-consensual intimate imagery. Intimate or sexual images of a person produced, shared or threatened to be shared without that person’s consent, including synthetic intimate imagery.
- Deceptive synthetic media and fraud. Synthetic media that impersonates a real person or organisation in order to deceive, defraud, manipulate an election or cause harm, and any content designed to facilitate fraud or scams.
- Content that promotes self-harm or serious violence against people or animals, or that incites others to commit such harm.
Misuse of Sanic AI
Sanic AI runs on commercial large language models supplied by our AI model provider. You must not use Sanic AI, its tools or its Output to do, build or assist any of the following:
- Malware and intrusion tools. Create, modify or distribute viruses, ransomware, spyware, keyloggers, rootkits, exploit kits or any code whose primary purpose is to damage, disrupt or gain unauthorised access to a system or its data.
- Phishing and credential harvesting. Build pages, apps, emails or tooling designed to deceive people into revealing passwords, payment details, multi-factor codes or other credentials, or that impersonate a legitimate brand or sign-in page.
- Fraud and scam apps. Build applications that facilitate fraud, deceptive schemes, fake stores, investment or cryptocurrency scams, or other arrangements designed to obtain money or data by deception.
- Spam and bulk-abuse tooling. Build systems for sending unsolicited messages at scale, for evading anti-spam controls or for generating large volumes of deceptive content.
- Disinformation campaigns. Generate or operate coordinated inauthentic content intended to mislead the public, manipulate civic or political processes or impersonate news sources.
- Stalkerware and covert surveillance. Build apps that track, monitor or record a person without their knowledge and consent, or that are marketed or designed for covert surveillance of partners, family members or employees.
- Safety-system evasion. Attempt to trick or otherwise circumvent Sanic AI’s safety guidelines, content rules or the safety systems of our AI model provider, including by obfuscating a prohibited request.
Output is probabilistic and can be wrong, incomplete or unsafe. You must not present Output as professional advice in a regulated field, including health, legal, financial, tax or safety-critical contexts, without review and sign-off by a suitably qualified person. You remain responsible for reviewing, testing and validating all Output before you rely on it or release it, as set out in the section Output and your duty to review it.
How we keep keys away from Sanic AI. Connectors hold only public details and the editor refuses secret keys, so Sanic AI never receives a key: it sees that a service is connected, its address and its identifiers. Recognised credential formats pasted into chat or a brief, or found in project files, are redacted as a best-effort safety net, not a guarantee. You must still never paste a password, API key or other secret into a prompt, a brief, a project file or an uploaded image.
No abuse of the Service or its security
You must respect the integrity, security and availability of the Service and the systems it runs on. You must not:
- probe, scan or test the vulnerability of the Service, or breach or attempt to breach its security or authentication measures, except within the guidance for private reports on the security page and only against your own Account and projects;
- circumvent, disable or interfere with authentication, session controls, database access controls, rate limits, Credit metering, billing or any other access control or usage measure;
- access, or attempt to access, Accounts, projects or data that do not belong to you, or use the Service to facilitate such access by others;
- upload, generate or transmit malware, malicious code or content designed to harm our infrastructure, our Service providers or other users;
- launch a denial-of-service attack, flood the Service with automated requests, or otherwise disrupt or overload our systems or those of our Service providers;
- scrape, crawl or harvest the Service at rates or in ways beyond ordinary interactive use, or use automated means to extract data in breach of these rules; or
- reverse engineer, decompile or disassemble any part of the Service except to the extent that restriction is prohibited by applicable law.
Rate limits apply to sensitive actions such as sign-in, sign-up, password reset, account changes, deletion and export. Treating those limits as a target to defeat, rather than as a safeguard, is a breach of these Terms.
No training of competing AI systems
You must not use the Service, including by systematically extracting its responses or data derived from them, to train, fine-tune or develop a machine learning model, foundation model or AI product or service that competes with the Service, or to benchmark the Service for competitive purposes. This restriction is in addition to, and does not limit, any other restriction in these Terms. We do not use your Input or Output to train any AI model, and we expect the same restraint from you in respect of the Service itself.
No resale or sublicensing
You must not resell, rent, lease, sublicense, time-share or otherwise make the Service available to any third party as a service, except under a separate written agreement with us. You may build and distribute the apps you create with the Service; that is the purpose of Appsanic. You may not repackage access to the Service or to Sanic AI as your own product, or operate the Service on behalf of others, without our prior written consent. Every Account is personal, and plan entitlements are described on the pricing page.
No spam
You must not use the Service to send unsolicited commercial electronic messages, or to build or operate tooling that helps others do so. Any messaging functionality in an app you build with Appsanic must comply with the Spam Act 2003 (Cth) where it applies (email, SMS, MMS and messages sent through messaging apps) and with the equivalent rules in each recipient’s jurisdiction, such as the CAN-SPAM Act of 2003 in the United States, the ePrivacy Directive in the European Union and the Privacy and Electronic Communications Regulations in the United Kingdom, and push and in-app messages must follow the platform rules that govern them. In practical terms, messages your app sends must:
- be sent only with the recipient’s consent, whether express or, where lawful, inferred;
- clearly identify the sender on whose behalf the message is sent; and
- include a functional, no-cost way to unsubscribe that works for at least 30 days and that you honour within five business days.
Respect for personal data
If an app you build with the Service collects, stores or otherwise handles personal information, you are the entity responsible for that data to the people it relates to. You must:
- have a lawful basis to collect and process the data under each applicable privacy law, for example the Privacy Act 1988 (Cth) and the Australian Privacy Principles and, where relevant, the General Data Protection Regulation of the European Union (EU GDPR), the UK GDPR or the California Privacy Rights Act (CPRA);
- provide users with a clear, accurate and accessible privacy notice that explains what you collect, why, and how it is used and shared;
- protect the data with safeguards appropriate to its sensitivity, and collect only what you genuinely need;
- honour the rights that apply to the people concerned, including access, correction, deletion and portability, within the time limits the law requires; and
- notify affected individuals and the Office of the Australian Information Commissioner when an eligible data breach occurs, if the Privacy Act 1988 (Cth) applies to you, in accordance with the Notifiable Data Breaches scheme in Part IIIC of that Act, and comply with any other breach notification law that applies to you.
Appsanic is designed so that the personal information of your app’s users flows directly between your app and the services you connect and does not pass through Appsanic. If you nonetheless place personal information about other people in prompts, briefs, project content, uploaded images or console output, we handle it only as our Privacy Policy describes: on your instructions to provide the Service, in confidence, with the safeguards described on the security page, through the Service providers named by role in our Privacy Policy, and deleted as the section Data, portability and deletion describes. If you need a written data processing agreement, email contact@appsanic.com.
Do not put sensitive information about yourself or others into prompts, briefs, project content, console output or uploaded images unless the app you are building genuinely requires it. That material reaches our AI model provider, your conversation history and phone preview reports in the ways described in our Privacy Policy. How we handle the data you give us, including the Service providers we use and where they are located, is described in our Privacy Policy and our Cookie Policy.
Responsibility for the apps you build
You are solely responsible for the legal and policy compliance of everything you build, publish, distribute or operate using the Service, whether you distribute it yourself through an app store, a website or any other channel. That responsibility includes:
- complying with all laws that apply to your app, its users, its content and the data it handles;
- complying with the developer agreements, content policies and review guidelines of any store or platform you publish to;
- obtaining any licences, approvals or professional reviews your industry requires before you release your app; and
- providing your own users with the terms, privacy notices, age restrictions and support that the law and the relevant platform require.
We do not review, approve or endorse the apps you create, and we are not a party to the relationship between you and your users. Release checks and store listing drafts in App settings help you prepare, but they are not a legal or policy review and they never submit anything on your behalf. Signing, submission and distribution happen in your own developer accounts outside Appsanic, under the terms of those platforms.
Enforcement
We respond to reports of breaches of our acceptable use rules and to breaches we detect, and we may review a reported project, conversation or app to the extent needed to investigate. Where we detect or are notified of a breach, we respond proportionately to its seriousness and to the risk it poses to other people and to the Service. Depending on the circumstances, we may take one or more of the following steps, in broadly escalating order:
- Warn
- Notify you of the issue and ask you to stop or remediate, often with a deadline.
- Restrict
- Remove, restrict or disable the offending content or project, or stop a phone preview session, while the matter is reviewed.
- Suspend
- Temporarily suspend access to the Service or to specific features while a serious or repeated breach is investigated.
- Terminate
- Close the Account and end access to the Service for a material or persistent breach, in accordance with the section Suspension and termination.
- Report
- Refer the matter, and preserve and disclose relevant records, to law enforcement or the relevant regulator where the law requires or permits it.
We do not have to move through these steps in order. The step we take depends on the severity of the breach, the risk to other people, your history and our legal obligations. Where a breach is capable of being cured and does not pose an immediate risk, we will give you notice and a reasonable opportunity to cure it first.
If we restrict or suspend your Account, we tell you why, unless the law prevents us, and you can ask us to review the decision by email to contact@appsanic.com. If our review finds that you did not breach these Terms, we restore access and refund or extend the part of a Paid period you lost.
Zero tolerance. For child-safety content and credible threats of serious harm we act immediately and without prior warning. We will disable the content and the Account, preserve the relevant records and report the matter to the appropriate authorities, including specialist child-safety bodies, as required by law.
Reporting abuse and vulnerabilities
If you believe someone is using the Service, or an app built with it, in breach of these Terms, please tell us. Email contact@appsanic.com with as much detail as you can provide, including links, identifiers, dates and a description of the conduct. For child-safety or credible-harm reports, mark the subject line clearly so that we can prioritise it.
If you have found a security vulnerability in the Service, please report it privately to contact@appsanic.com with the subject Appsanic security report, as described on the security page. Test only against your own Account and projects, never in a way that disrupts others, and do not access other people’s data while investigating. Good-faith private reporting within that guidance is welcome, and it is the only authorised form of security testing on the Service. We will not take legal action against you for security research done in good faith within that guidance.
Data, availability and security incidents
We take reasonable steps to protect your data and to keep the Service available. The security page describes the measures in place, and our Privacy Policy describes how your data is handled. However:
- No online service is perfectly secure. Sophisticated attacks, previously unknown vulnerabilities or novel exploitation techniques may succeed despite reasonable precautions.
- We rely on third parties. Our Service providers, and any Connector or Expo account you use, operate their own systems. Incidents or outages affecting them can affect the Service, and we cannot always prevent or immediately remedy them.
- Downtime can happen. No plan includes an uptime-based service level agreement. Much of the Service depends on third-party infrastructure outside our direct control.
- We do not promise backups of your data. Keep your own exports of any project or Output you consider important, as described in the section Data, portability and deletion.
- Your own systems are your responsibility. If a security incident originates from your systems, from compromised credentials on your side, or from a Connector or other service you use, we are not responsible for the resulting losses.
If we become aware of a data breach involving your personal information, including one reported to us by a Service provider, we assess it in the way the Privacy Act 1988 (Cth) requires and, where it is an eligible data breach likely to result in serious harm, we notify you and the Office of the Australian Information Commissioner as soon as practicable with the information the Notifiable Data Breaches scheme in Part IIIC of that Act requires. We follow the Australian Privacy Principles and that scheme as our Privacy Policy describes, whether or not the Privacy Act 1988 (Cth) binds us.
Subject to the section Your Australian Consumer Law rights, you acknowledge that we are not liable for:
- security incidents affecting a third-party service you have elected to use with your project, or affecting a Service provider to the extent the incident was not caused by our failure to take reasonable steps under the Privacy Act 1988 (Cth) or to supply the Service with due care and skill;
- loss or corruption of data resulting from events outside our reasonable control, including Service provider outages, infrastructure failures, cyberattacks or events of the kind described in the section Force majeure;
- loss or corruption of data resulting from your own actions, configurations, credential handling or Connectors; or
- consequential or downstream losses flowing from an incident, including damage to your customers, your reputation or your business operations.
Data, portability and deletion
You can take your data with you and remove it from our systems at any time.
- Export. From the dashboard Account page you can download an account index as JSON, listing your Account identifier and email address, up to 1,000 projects with their identifiers, revisions, dates and archived state, and up to 1,000 file records with name, type, size and state. From the dashboard you can also export each project as JSON, containing the current project document (including source files, settings and public Connector configuration), the conversation state and Connector metadata. Original files are downloaded from Assets. Exports never include credentials, and exports are rate limited. An export is not a standalone native project.
- Project deletion. You can permanently delete a project from the dashboard by typing DELETE; the request carries the project’s current revision so that a stale request cannot delete newer work. Deletion is queued and processed by our maintenance job. Files in your account library remain unless you delete the Account. You can instead archive a project, which keeps its data, history and conversations and can be restored.
- Account deletion. You can permanently delete your Account from the dashboard Account page by confirming your email address. Your Account cannot be deleted while a subscription is current or a checkout is pending. Because cancellation takes effect at the end of the Paid period, deletion becomes available once the subscription has ended, and a pending checkout must be completed or have expired. Export anything you want to keep before you delete, because deletion cannot be undone. Any remaining Credits, included or purchased, are forfeited when the Account is deleted and are not refunded except as set out in the sections Your Australian Consumer Law rights and When we will refund.
- What deletion does. Deletion is queued and irreversible: access is disabled and your session is ended at once, running Sanic AI work is stopped, your Expo connection is revoked, and after pending charges and reserved Credits settle and any open upload permissions expire, your projects, code, conversations, files, encrypted credentials, workspace membership and sign-in record are removed. There is no email confirmation step, no confirmation window and no cooldown before you can create a new Account; a new Account with the same email address can be created once the sign-in record has been removed, which happens when the queued deletion completes.
After Account deletion, server-only financial records remain for reconciliation and for the period Australian tax and corporations law requires us to keep financial records, generally five to seven years from the transaction, after which they are deleted or de-identified: billing transactions and the Credit ledger, invoice snapshots, usage evidence for Sanic AI requests (token counts and reconciliations, not prompts), the payment provider’s customer and subscription identifiers, and the record of the deletion request. How we handle your personal information, our retention periods and your rights under the Australian Privacy Principles are described in full in our Privacy Policy.
You can also ask for access to, or correction of, the personal information we hold about you, as our Privacy Policy describes.
Our intellectual property
While you hold an Account and comply with these Terms, we grant you a personal, non-exclusive, non-transferable right to use the Service for its intended purpose. Appsanic, our name, our logo, the Service’s software, its built-in components and templates, and the look and feel of the Service are our property or the property of our licensors. Except for the limited rights expressly granted to you in these Terms, nothing here gives you any right, title or interest in our trademarks, trade names, logos, software or other branding. All rights not expressly granted are reserved.
Suspension and termination
You may stop using the Service at any time by cancelling your subscription in our payment provider’s billing portal, opened from Billing in the dashboard, and, if you wish, deleting your Account from the dashboard Account page once the subscription has ended.
We may suspend or terminate your Account, or limit your access to part of the Service, if you materially breach these Terms, fail to pay amounts that are due, or use the Service in a way that exposes us, our Service providers or other users to legal, security or operational risk. Where the breach is capable of being cured, we will give you notice and a reasonable opportunity to cure it before terminating, except where the breach is serious or repeated, or where prompt action is needed to protect the Service or other people. We will tell you the reason for a suspension or termination unless the law prevents us from doing so.
If we discontinue the Service or your plan, we give you at least 30 days’ notice by email, a reasonable opportunity to export your data, and a refund of the unused part of any Paid period.
On termination, your right to access the Service ends. We will provide a reasonable opportunity to export your data unless prevented by law or by the nature of the breach. If we terminate for a reason other than your breach during a Paid period, we will refund the unused part of that period. Provisions that by their nature should survive termination, including the sections Ownership of content, Feedback, Our intellectual property, Your Australian Consumer Law rights, Data, portability and deletion, Warranties and disclaimers, Limitation of liability, Indemnity and Governing law and disputes, and accrued payment obligations, survive.
Warranties and disclaimers
Subject to the section Your Australian Consumer Law rights, we provide the Service and any Output it produces as they are and as available. To the maximum extent permitted by law, we disclaim all warranties and conditions of any kind, whether express, implied or statutory, including warranties or conditions of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, title or non-infringement. This section does not exclude the consumer guarantees, which apply to our supply of the Service and cannot be excluded. We make no warranty that:
- the Service will be uninterrupted, timely, error-free or secure against every possible threat;
- any code, configuration, design, image or content produced by the Service will be accurate, complete, original, non-infringing, secure, free of defects, compatible with your systems or fit for your specific purpose;
- Output will not resemble or reproduce third-party material on which the underlying AI models were trained;
- any defect will be corrected, or that any particular feature, including one marked Coming soon, will be offered or continue to be offered; or
- any Connector, Expo or other third-party service you use will remain available, compatible or free from its own defects.
Limitation of liability
Subject to the section Your Australian Consumer Law rights, and to the maximum extent permitted by applicable law:
Excluded categories of loss. We will not be liable to you or to any third party for any:
- loss of profits, revenue, anticipated savings or business opportunity;
- loss of, corruption of or inability to access data;
- loss of goodwill, reputation or brand value;
- costs of procuring substitute services or products;
- damages flowing from a security incident affecting any Service provider or third-party service;
- damages flowing from reliance on Output that you did not review, test or validate as required by these Terms;
- claims brought against you by your own users, customers, employees or business partners in connection with anything you built or deployed using the Service;
- any indirect, consequential, special, incidental or punitive damages; or
- losses arising from events of the kind described in the section Force majeure.
This exclusion applies regardless of the legal theory (contract, tort including negligence, statute, strict liability or otherwise), and regardless of whether we were advised of the possibility of the loss.
Nothing in this section excludes or limits liability that cannot be excluded or limited by law, including under the Australian Consumer Law or the Privacy Act 1988 (Cth), liability for death or personal injury caused by our negligence, or liability for our fraud or wilful misconduct. The exclusion for loss of, corruption of or inability to access data does not apply to the extent the loss was caused by our failure to comply with a consumer guarantee, our negligence or our wilful misconduct.
Liability cap. Our total aggregate liability arising under or in connection with these Terms is limited to the greater of US$100 and the fees you paid us in the 12 months before the event giving rise to the claim. This cap applies across all claims in aggregate, not per claim.
Australian Consumer Law remedies. Where the ACL applies to our supply of the Service, the Service is not of a kind ordinarily acquired for personal, domestic or household use or consumption, and section 64A of the ACL permits us to limit our liability for a failure to comply with a consumer guarantee, we limit that liability, at our option, to supplying the Service again or paying the cost of having the Service supplied again, except where you establish that it is not fair or reasonable for us to rely on this limitation. Nothing in this section limits liability that cannot be limited under the ACL.
Indemnity
You agree to indemnify us, our officers, employees and contractors against third-party claims, losses and costs (including reasonable legal fees) to the extent they arise from your breach of these Terms, your breach of applicable law, or your use of the Service or distribution of an app in a way that infringes someone else’s rights. The indemnity does not apply to the extent the loss was caused by our breach of these Terms, our breach of applicable law, our negligence or our wilful misconduct. We will notify you promptly of any claim, let you take over its defence where you wish to, and act reasonably to mitigate the loss. This indemnity is subject to the section Your Australian Consumer Law rights and does not apply to claims you bring under the ACL.
Force majeure
Neither party is liable for any failure or delay in performing its obligations under these Terms (other than a party’s payment obligations) to the extent the failure or delay is caused by events beyond that party’s reasonable control, including:
- acts of God, fire, flood, earthquake, severe weather or other natural disasters;
- war, terrorism, civil unrest, riot or government action;
- cyberattacks, denial-of-service attacks or malicious activity by third parties, including incidents affecting our Service providers;
- failures of public infrastructure, including power, internet connectivity, DNS or submarine cable outages;
- changes in law or regulator action that prevent or materially restrict the Service;
- pandemic, epidemic, quarantine or widespread public health emergencies;
- third-party service failures, outages or discontinuations, including those of our Service providers, Expo and any Connector you use, to the extent we could not reasonably have prevented or worked around them; and
- labour disputes, other than those involving the non-performing party’s own personnel.
The affected party must give prompt notice of the event and use reasonable efforts to resume performance. If a force majeure event continues for more than 30 days, either party may terminate the affected part of the Service by notice. Subject to the section Your Australian Consumer Law rights, no refund is payable for any period in which the Service was provided, and we will refund any part of a Paid period during which the Service was not provided because of the event.
General provisions
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of our assets, on reasonable notice to you, provided that the transferee takes on our obligations to you and your rights under these Terms are not reduced. If you do not wish to continue with the transferee, you may cancel, and we will refund the unused part of any Paid period.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in full force.
Entire agreement. These Terms, together with the policies referenced in the section Acceptance, the pricing page for the catalogue version you bought and any feature-specific terms, form the entire agreement between you and us about the Service and supersede any prior agreement or understanding on the same subject, including the separate acceptable use, refund and billing policies previously published. This does not exclude liability for any statement made fraudulently or any liability under the Australian Consumer Law that cannot be excluded, and it does not change the price or allowances of a subscription you already hold.
Waiver. A failure or delay by either party to enforce any provision of these Terms is not a waiver of that provision or of any other right.
No third-party beneficiaries. These Terms do not confer any benefit or right on any person who is not a party to them, except as expressly stated.
Export controls and sanctions. You must comply with all applicable export control and sanctions laws. You represent that you are not located in, or ordinarily resident in, a country or region subject to comprehensive sanctions, and that you are not a person with whom dealings are prohibited under applicable law.
Notices
We may give you notices by email to the address on your Account or, for matters that do not change your rights, by a notice shown in the Service; a change to these Terms, to the price or allowances of your plan, or to the way we bill or refund is always notified by email. Automated emails are sent from noreply@appsanic.com, and replies to that address are not monitored. You must give us notices by email to contact@appsanic.com. A postal address for formal notices is available on request. Notices are taken to be received on the next Business day after they are sent, unless the sender receives an indication that delivery failed.
Every email we send identifies us and says how to contact us. We do not send marketing email; if we ever do, we will ask for your consent first and every message will include an unsubscribe facility, as the Spam Act 2003 (Cth) requires.
Governing law and disputes
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts entitled to hear appeals from them. If you are a consumer, nothing in this section prevents you from bringing a claim in a court or tribunal of the State or Territory in which you live, from complaining to a consumer protection agency such as the Australian Competition and Consumer Commission or NSW Fair Trading, or from making a privacy complaint as our Privacy Policy describes.
Before starting court proceedings, each party will first try in good faith to resolve the dispute through direct discussion for at least 30 days after written notice of the dispute is given. This step does not prevent either party from seeking urgent injunctive or equitable relief, from making a complaint to a regulator or a tribunal, or from exercising rights that cannot be deferred under the ACL, and it does not extend any limitation period. If you live outside Australia, nothing in these Terms removes consumer protections that the law of your country gives you and that cannot be excluded by agreement.
Changes to these Terms
We may update these Terms from time to time, for example to reflect new features, changes in the law or changes in how the Service is provided. Where a change materially affects your rights or obligations, including the terms on which we bill or refund, we give you at least 30 days’ notice by email to the address on your Account before it takes effect. A change that materially affects a paid plan applies to you from the first renewal after it takes effect, not during a Paid period you have already paid for, unless the change is required by law.
If you continue to use the Service after a change takes effect, you accept the updated Terms. If you do not accept a change, you may cancel your subscription and delete your Account before it takes effect, and where the change materially reduces your rights you may instead ask us at contact@appsanic.com to end your subscription at once and refund the unused part of the Paid period. Nothing in any update diminishes your rights under the ACL.
Contact
For any question about these Terms, or about support, billing, refunds, privacy, security or legal matters, email contact@appsanic.com or use the contact page. This single address handles every matter relating to your Account. Mention the topic in your subject line so that we can deal with your message promptly. Please leave passwords, keys and other people’s private information out of your message. If you have a complaint about the Service, put the word complaint in your subject line; we acknowledge complaints and tell you the outcome and our reasons. Privacy complaints, including how to complain to the Office of the Australian Information Commissioner if you are not satisfied with our response, are described in our Privacy Policy.
Support for every plan is by email to contact@appsanic.com. We do not offer support tiers or commit to a response time.
The Service is operated by Encode Digital Software Solutions Pty Ltd (ACN 690 774 719), registered in New South Wales, Australia, trading as Appsanic. We accept electronic notice at the address above; a postal address is available on request. For related information, see our Privacy Policy, our Cookie Policy, the security page and the pricing page.
