Terms of Service

SpendSentry — Terms of Service

Status: DRAFT — requires counsel review before publication. Owner: Founder Last updated: 2026-05-13

⚠️ This is not a substitute for legal advice. Counsel familiar with U.S. consumer subscription apps must review before this is hosted at /legal/terms and before any paid spend runs. Especially load-bearing: subscription auto-renewal disclosure (App Store 3.1.2(a) + FTC ROSCA + CA AB 390 + NY GBL §527-a), arbitration clause and class-action waiver enforceability under 2026 case law, dispute resolution venue.

Why this draft exists

To name the sections we need and where they'll connect to product behavior, so counsel can replace placeholder language with binding terms. Engineering reads this to confirm we're not relying on terms we don't actually enforce.

Sections required

1. Acceptance

• Standard "by using the service, you agree to these terms" language.
• Reference to the Privacy Policy and Refund Policy by link.

2. The service

• Plain description of what SpendSentry does: detects recurring subscriptions via email scan or manual entry, helps cancel them, provides AI assistance.
• No promise of detection completeness — we'll find what we find.
• Subscription cancellation: we facilitate, we don't guarantee. The user is the principal; we are the agent.

3. Eligibility

• 18+ only.
• Geographic eligibility (TBD per launch posture — U.S.-only at first?).

4. Account

• One account per person.
• User responsible for credential security.
• We may suspend accounts for fraud, abuse, or breach of these terms.

5. Subscription billing

This is the section App Store 3.1.2(a) and FTC ROSCA scrutinize hardest. Required elements (must mirror what's shown on the paywall — see [paywall-spec.md](../paywall-spec.md)):

• Plans and pricing — Monthly, 3-month, Annual. Intro pricing for first term. Rebill pricing thereafter.
• Auto-renewal. Each plan auto-renews until cancelled. Cancellation must be possible from inside the app (App Store guideline 3.1.2(a)).
• How to cancel. Specific path: Account → Subscription → Cancel. Plus link to Stripe's customer portal for direct management.
• When you'll be charged. Day-zero (no trial), and at every term boundary thereafter.
• Refund policy — link to [refund-policy.md](refund-policy.md). Summary one-liner: 14-day no-questions-asked refund on first purchase.
• Price changes — how we notify users of price increases (typically 30 days written notice).
• Currency — USD only in v1. Counsel to advise if FX disclosure is needed.

6. Acceptable use

• No automated scraping of the service.
• No reverse engineering.
• No use to violate others' privacy (e.g. using email scan to surveil someone else's inbox).
• Standard anti-abuse list.

7. User content

• The subscription data the user adds manually is theirs; we license it from them to provide the service.
• AI inputs (Sentry tab questions) are processed by Anthropic and Tavily; see Privacy Policy.

8. Intellectual property

• We own the product, the brand, the code.
• Standard "no rights granted except as expressly set out" language.

9. Disclaimers

• Service provided "as is" — no warranty.
• We do not provide financial advice. The savings estimates and recommendations are informational.
• We are not a bank, financial institution, or registered financial advisor.
• We do not guarantee any specific savings outcome.

This is load-bearing — the watchdog voice can drift toward financial-advice framing in copy. The terms must be explicit that we don't.

10. Limitation of liability

• Standard limitation to fees paid in the prior 12 months.
• Carve-outs as required by law (some jurisdictions don't allow certain limitations).

11. Indemnification

• Standard user-indemnifies-us language for breach of terms or misuse.

12. Termination

• We can terminate for breach.
• User can terminate by cancelling subscription + deleting account.
• Survival clause: privacy, IP, limitations survive termination.

13. Disputes — arbitration

Load-bearing. Counsel to draft per 2026 case law:

• Binding arbitration clause (AAA or JAMS — counsel to recommend).
• Class-action waiver (enforceability varies by state).
• Carve-out for small-claims court.
• 30-day opt-out window from the arbitration clause.
• Governing law (typically Delaware for a Delaware C-corp).

14. Changes to terms

• Right to update, with notice for material changes.
• Continued use = acceptance.

15. Miscellaneous

• Severability.
• No waiver.
• Assignment (we can; you can't).
• Entire agreement.
• Contact for legal notice.

16. App Store / Play Store specifics

If the user is on iOS, additional terms required by Apple:

• No representation that the service is endorsed by Apple.
• Apple is a third-party beneficiary of these terms with respect to iOS users.
• Apple has no obligation to provide support.
• Apple's standard EULA applies in addition to ours.

Mirror for Google Play if Play's developer agreement requires.

Open questions for counsel

• Governing law + venue (Delaware is the default; case-by-case for arbitration carve-outs).
• Specific arbitration provider (AAA vs. JAMS) — affects cost and enforceability.
• Whether to include a mass-arbitration carve-out (recent case law trend).
• "Sale or sharing" disclosure interaction with Terms (most live in Privacy Policy, but some states want a Terms mention too).
• App Store Reader-app carve-outs — we're not a Reader app, so iOS users must purchase in-app or be unable to subscribe from inside iOS. Confirm our web2app flow doesn't violate steering rules.
• Whether subscription cancellation must be possible without contacting support (yes — App Store 3.1.2(a) and CA AB 390).
• "Click to Cancel" FTC rule status in 2026 — if in force, the cancellation flow must mirror the signup flow's friction level.

Pointers

• [docs/legal/privacy-policy.md](privacy-policy.md)
• [docs/legal/refund-policy.md](refund-policy.md)
• [docs/paywall-spec.md](../paywall-spec.md) — disclosure parity requirement.
• [docs/product-brief.md#compliance-reality-check](../product-brief.md#compliance-reality-check)
• [docs/decisions/0002-hard-paywall-no-free-trial.md](../decisions/0002-hard-paywall-no-free-trial.md)
• [docs/decisions/0003-pricing-structure.md](../decisions/0003-pricing-structure.md)