Terms of Service

These Terms of Service (“Terms”) form a legal agreement between you (“you” or “Customer”) and The Little Tamar Dairy Company Pty Ltd (ABN 57 624 539 699), trading as BatchBuddy(“BatchBuddy”, “we”, “us”, or “our”), governing your use of the BatchBuddy software-as-a-service platform and any related websites, applications, documentation, and services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. The Service

BatchBuddy is a business tool that helps food producers manage recipes, batches, production records, equipment, ingredients, and quality control points. The Service may include AI-assisted features that generate suggestions, summaries, or analyses based on your data.

BatchBuddy is a software tool, not a regulated food safety entity. The Service is provided to assist your business with record-keeping and production management. It does not replace your food safety obligations as a food business operator.

2. Eligibility and Accounts

To use the Service, you must:

• Be at least 18 years old, or the age of legal majority in your jurisdiction;
• Have the legal authority to enter into these Terms on behalf of yourself or any organisation you represent;
• Provide accurate, current, and complete account information; and
• Keep your login credentials confidential and notify us immediately of any unauthorised access.

You are responsible for all activity that occurs under your account. We may suspend or terminate accounts that breach these Terms.

3. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations;
• Reverse engineer, decompile, or attempt to extract the source code of the Service;
• Resell, sublicense, or otherwise commercially redistribute the Service without our written permission;
• Upload or transmit any viruses, malware, or other harmful code;
• Use the Service to harass, threaten, defame, or impersonate any person;
• Attempt to gain unauthorised access to other accounts, our systems, or third-party systems we integrate with;
• Scrape, crawl, or use automated means to access the Service except through our published APIs;
• Use the AI features to generate content that is misleading, deceptive, defamatory, or that violates third-party intellectual property rights;
• Circumvent any usage limits, rate limits, or security mechanisms; or
• Use the Service to compete with us or to build a competing product.

We reserve the right to investigate suspected violations and to suspend or terminate accounts that engage in prohibited conduct.

4. Subscriptions, Billing, and Payment

BatchBuddy offers free and paid subscription plans. Paid plans are billed in advance on a recurring basis (monthly or annually) at the rates published on our pricing page or as otherwise agreed. Prices are listed in Australian Dollars (AUD) by default; other currencies may be available at checkout.

Payment processing is handled by Paddle.com Market Limited, our authorised reseller and Merchant of Record. Paddle handles tax calculation, invoicing, and PCI compliance. By purchasing a subscription, you also agree to Paddle's Buyer Terms.

Subscription fees are non-refundable except where required by Australian Consumer Law or as set out in our Refund & Cancellation Policy. We may change pricing for new subscription periods on at least 30 days' notice.

5. AI-Assisted Features

The Service includes AI-assisted features (such as the AI assistant, recipe analysis, and insight generation) that use third-party large language model (LLM) providers to generate suggestions and analyses based on your data and prompts.

AI output is informational only. It is not professional food safety, regulatory, legal, medical, or business advice. AI-generated suggestions about temperatures, processing times, ingredient substitutions, HACCP compliance, or any other food production topic must be independently verified by a qualified person before being acted upon. You remain solely responsible for all food safety decisions made in your business.

Each AI response is labelled with an “AI-generated” badge and a disclaimer to verify before use in food safety decisions. We strongly encourage you to treat AI output as a starting point for review, not as authoritative guidance.

Customer data is not used to train AI models. We use commercial API tiers from all our LLM providers, which contractually exclude customer data from model training. For full details of which providers process your data and in which jurisdictions, see our Privacy Policy.

AI features are provided on an as-available basis and may be limited, paused, or modified at our discretion. AI usage may be subject to credit limits and rate limits.

6. Your Data and Data Ownership

You own your data.All recipes, batches, production records, ingredient information, equipment data, control point measurements, and other business content you create or upload to the Service (“Customer Data”) remains your property.

You grant BatchBuddy a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display, and back up Customer Data only to the extent necessary to provide and improve the Service for you. We do not sell your Customer Data, and we do not use it to train AI models.

You can export your Customer Data at any time from your account settings in a portable format. On termination of your subscription, you have a reasonable period (at least 30 days) to export your data before it is deleted in accordance with our retention policy.

We retain Customer Data in accordance with the data retention periods described in our Privacy Policy, including minimum retention windows for food safety records under Australian law.

7. Service Availability

We make commercially reasonable efforts to keep the Service available, but the Service is provided on an “as-is” and “as-available” basis. We do not guarantee uptime, performance, or freedom from errors. Maintenance, updates, third-party outages, and unforeseen events may cause interruptions.

We do not currently offer a formal Service Level Agreement (SLA). We may publish a status page and incident communications. Critical incidents will be communicated to affected customers as soon as reasonably practicable.

8. Food Safety and Compliance Responsibility

BatchBuddy is a tool that assists you with food safety record-keeping and production management. You remain solely responsible for:

• Compliance with all applicable food safety laws and regulations, including the Australia New Zealand Food Standards Code and any state or territory requirements;
• The accuracy and completeness of records you create using the Service;
• Implementing and maintaining your own food safety program (HACCP plan, prerequisite programs, training, etc.);
• Verifying any AI-generated suggestions before acting on them;
• Meeting any record retention requirements imposed by your regulator or industry; and
• Responding to food safety incidents, recalls, complaints, and audits.

BatchBuddy does not guarantee that your use of the Service will result in regulatory compliance. Marketing language describing the Service as helping you meet your obligations or supporting your compliance does not constitute a warranty or guarantee of compliance.

9. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and trademarks (excluding Customer Data), is owned by BatchBuddy or its licensors and is protected by Australian and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your subscription.

You may submit feedback, suggestions, or ideas about the Service. By doing so, you grant us a perpetual, royalty-free licence to use that feedback to improve the Service, without any obligation to you.

10. Third-Party Services and Integrations

The Service uses third-party providers for hosting, authentication, payments, AI capabilities, monitoring, and analytics. A current list of third-party processors and their jurisdictions is published in our Privacy Policy. You acknowledge that:

• Third-party providers operate independently and are subject to their own terms and policies;
• We are not responsible for third-party outages, failures, or changes to their services;
• Some third-party providers process data outside Australia, with safeguards described in our Privacy Policy.

11. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted or error-free.

Australian Consumer Law: Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantees, rights, or remedies you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other applicable laws that cannot be excluded by contract. To the extent we are entitled to limit our liability for breach of a consumer guarantee, our liability is limited at our option to:

• Re-supplying the Service; or
• Paying the cost of having the Service re-supplied.

12. Limitation of Liability

To the maximum extent permitted by law, BatchBuddy will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings, even if advised of the possibility of such damages.

Subject to the consumer guarantee limitations described in clause 11, our total aggregate liability to you for any and all claims arising out of or relating to the Service or these Terms in any 12-month period is limited to the greater of:

• The total subscription fees you paid to us in the 12 months immediately preceding the event giving rise to the claim; or
• AUD $100.

These limitations apply regardless of the legal theory on which the claim is based and even if a limited remedy fails its essential purpose.

13. Indemnification

You agree to indemnify, defend, and hold harmless BatchBuddy, its officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service;
• Your Customer Data, including any claim that it infringes the rights of a third party or violates any law;
• Your violation of these Terms; or
• Your acts or omissions in your food production business, including any food safety incident.

Nothing in this indemnity is intended to require you to indemnify us for our own negligence or wilful misconduct, or to the extent prohibited by law.

14. Termination

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period unless otherwise required by law. For details, see our Refund & Cancellation Policy.

We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have breached these Terms, presented a security or legal risk, or failed to pay fees when due.

On termination, your right to use the Service ends immediately. You will have a reasonable period (at least 30 days) to export your Customer Data before it is deleted, subject to retention obligations under our Privacy Policy or applicable law.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email to your account address and/or by an in-app notice at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Tasmania, Australia, and the Commonwealth of Australia where applicable. You and BatchBuddy submit to the exclusive jurisdiction of the courts of Tasmania and the federal courts sitting in Australia for any dispute arising out of or relating to these Terms or the Service.

17. General

Entire agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, form the entire agreement between you and BatchBuddy regarding the Service.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or successor without restriction.

Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, war, internet outages, or government action.

18. Contact

If you have questions about these Terms, please contact us at support@batchbuddy.io.

The Little Tamar Dairy Company Pty Ltd
Trading as BatchBuddy
ABN: 57 624 539 699