Terms of Use

Interpretation

Capitalized terms have the meanings provided in this section or otherwise defined in these Terms. The definitions apply regardless of whether terms appear in singular or plural.

Definitions

• Affiliate means any entity that controls, is controlled by, or is under common control with the Company.
• Application means the Deali mobile application, including all related features, tools, content, and updates.
• Company(“We,” “Us,” or “Our”) means the operator of Deali.
• Device means any device capable of accessing the Service.
• Service means, collectively, the Application, the Website, associated software, content, AI-powered tools, and any services offered by the Company.
• User Content means any images, photographs, text, metadata, scans, messages, or other content you upload, submit, or transmit through the Service.
• Website means the Deali website and any associated subdomains.
• You means the individual using the Service, or the legal entity on whose behalf the individual uses the Service.

Your access to and use of the Service is conditioned upon your acceptance of these Terms and the Deali Privacy Policy. By accessing or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must discontinue use of the Service.

You represent and warrant that you are at least 13 years old.

If you are between 13 and 17 years old, you may only use the Service with the consent and supervision of a parent or legal guardian, who agrees to be fully responsible for all activities conducted using the Service.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@getdeali.app if you suspect unauthorized use of your account. To the extent permitted by law, the Company is not liable for any loss arising from unauthorized use of your account.

Deali helps you compare prices and find coupons and deals for convenience only. All prices, discounts, coupons, savings estimates, store information, and product identifications are automated approximations gathered from third-party sources and may be incomplete, outdated, or inaccurate.

• Prices and availability are set by retailers, change frequently, and are not controlled or guaranteed by the Company.
• Coupons and promo codes may expire, carry restrictions, or fail to apply at checkout.
• Price-match outcomes depend on each retailer's own policies, which the Company does not control.
• Savings figures and goal tracking are estimates only and are not a guarantee of actual savings, and nothing in the Service is financial, professional, or purchasing advice.
• Product identification is automated and may be wrong. Always verify the product, its price, and its label directly with the retailer before purchasing. Do not rely on the Service for ingredient, allergen, health, safety, or regulatory information about any product.
• Deali is not a seller or retailer. All purchases are made directly with the relevant retailer under that retailer's terms.

The Company is not liable for pricing errors, unavailable deals, expired coupons, inaccurate product identification, or any transaction you enter into with a third-party retailer. Your sole and exclusive remedy for any dissatisfaction with the Service is to stop using it.

By submitting User Content, you represent that you own it or have the rights to it. You grant the Company a worldwide, royalty-free, transferable, sublicensable license to use, reproduce, analyze, process, modify, publish, and create derivative works from the User Content to operate and improve the Service, including identifying products, finding prices, and surfacing coupons. This includes processing your images and scan text with the third-party AI providers described in our Privacy Policy.

Content you post in community Groups is visible to other members of that group. You agree not to upload unlawful, harmful, offensive, or infringing content.

User Content is created by users, not the Company. We do not endorse User Content and, to the extent permitted by law, are not responsible or liable for it. We have no obligation to pre-screen or monitor User Content, but we may remove or moderate content, restrict accounts, and preserve reported content for safety review, at our sole discretion.

Feedback

Ideas, suggestions, feature requests, and votes you submit (including through the in-app roadmap) are non-confidential. You grant the Company a perpetual, irrevocable, worldwide, royalty-free right to use, modify, and commercialize them for any purpose without compensation, attribution, or any obligation to you.

You agree not to:

• Upload violent, explicit, or unlawful content.
• Reverse engineer, scrape, or perform competitive analysis of the Service.
• Circumvent security protections or gain unauthorized access to the Service or its data.
• Upload images of individuals without their lawful consent.
• Interfere with, disrupt, or place undue load on the Service or its infrastructure.
• Use the Service for any commercial resale of pricing data or in violation of any applicable law.

Deali may offer paid subscriptions and in-app purchases (such as Deali Pro, available as monthly or annual plans). Purchases and subscriptions are processed through third-party platforms such as the Apple App Store and Google Play Store, and their terms govern payment processing, renewals, and refunds.

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. If a free trial is offered, billing starts at the end of the trial unless you cancel before it ends. You can manage or cancel your subscription in your app store account settings at any time; cancelling stops future renewals but does not refund the current period except as required by law or the app store's policies.

The free tier of the Service includes usage limits (for example, a monthly cap on AI-powered scans). We may change subscription prices or features prospectively; price changes will apply only after notice and, where required, your consent via the app store.

The Service displays information about, and may link to or integrate with, third-party retailers, stores, content, and services. The Company does not control and is not responsible for third-party prices, products, availability, policies, or content, and your dealings with any third party are solely between you and that third party.

Apple and Google

If you downloaded the Application from the Apple App Store or Google Play Store, you acknowledge that these Terms are between you and the Company only — not with Apple Inc. or Google LLC. Apple and Google are not responsible for the Application or its content and have no obligation to provide maintenance or support for it. To the maximum extent permitted by law, Apple and Google have no warranty obligation with respect to the Application, and any claims relating to the Application (including product liability, regulatory, and IP claims) are the Company's responsibility, not Apple's or Google's. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties. You must also comply with any applicable third-party terms (such as the Apple Media Services Terms and the Google Play Terms of Service) when using the Application.

All rights in the Service (excluding User Content) are owned exclusively by the Company or its licensors. You may not copy, modify, distribute, sell, or reverse engineer any part of the Service. Store names, brands, and logos shown in the Service are the property of their respective owners and are used for identification only.

The Company may suspend or terminate your access at any time if you violate these Terms. Upon termination, all rights granted to you immediately cease. You may stop using the Service and delete your account at any time, as described in our Privacy Policy and on the account deletion page.

We may modify, suspend, or discontinue the Service, or any part of it, at any time, temporarily or permanently, with or without notice. To the extent permitted by law, the Company will have no liability to you for doing so; any prepaid, unused subscription period will be handled under the applicable app store's refund policies.

The Service is provided “as is” and “as available” without warranties of any kind, express or implied. The Company disclaims all warranties, including merchantability, fitness for a particular purpose, accuracy, and non-infringement, to the maximum extent permitted by law.

Without limiting the foregoing, the Company does not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any content, product identification, price, or savings estimate is accurate, complete, or reliable. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

You use the Service, and rely on any information shown in it, at your own risk. All purchasing decisions are yours alone.

To the maximum extent permitted by law, you release the Company and its Affiliates, and their respective officers, employees, contractors, and agents, from all claims, demands, and damages of every kind, known or unknown, arising out of or in any way connected with: (a) any transaction or dispute between you and a retailer or other third party, including pricing errors, price-match denials, product defects, product information errors, or unavailable deals; and (b) the conduct or content of other users of the Service, including content posted in Groups.

If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release does not apply where prohibited by law.

To the maximum extent permitted by law, the Company's total liability shall not exceed the greater of:

• The amount you paid us in the preceding 12 months, or
• One hundred dollars (USD $100).

The Company is not liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profits, savings, goodwill, or data.

These limitations apply to all claims, whether based in contract, tort (including negligence), strict liability, statute, or any other legal theory, whether or not the Company was advised of the possibility of such damages, and even if a limited remedy fails of its essential purpose. The disclaimers, releases, and limitations in these Terms are fundamental elements of the bargain between you and the Company, and the Service would not be provided without them.

Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above may not apply to you; in that case, the Company's liability is limited to the greatest extent permitted by law. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its Affiliates, and their respective officers, employees, contractors, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• your User Content;
• your use or misuse of the Service;
• your violation of these Terms or any applicable law;
• your violation of any third-party right, including intellectual property, publicity, or privacy rights; or
• any dispute between you and a retailer, other user, or other third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of that claim.

If you believe content on the Service infringes your copyright, you may submit a notice to the Company's designated agent at support@getdeali.app. We will respond to valid notices in accordance with applicable law.

These Terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Subject to the arbitration section below, you agree to the exclusive jurisdiction of the courts located in Ontario, Canada.

If you use the Service as a consumer, this section does not deprive you of the protection of any mandatory consumer protection laws of the jurisdiction where you live.

Informal resolution first

Before starting any arbitration or court proceeding, you agree to first send a written notice of the dispute to support@getdeali.app describing the issue and the relief you seek, and to attempt in good faith to resolve the dispute informally for at least 60 days from the date of your notice. Most concerns can be resolved this way, quickly and for free. Completing this step is a precondition to starting any formal proceeding.

Binding individual arbitration

To the extent permitted by law, disputes arising out of or relating to these Terms or the Service that are not resolved informally must be resolved through binding individual arbitration — administered by the ADR Institute of Canada under its arbitration rules for disputes governed by Canadian law, or by the American Arbitration Association under its Consumer Arbitration Rules for disputes that must be arbitrated in the United States. The arbitration will be conducted by videoconference where possible, or otherwise in the region where you live. Arbitration fees will be allocated under the applicable rules; if the arbitrator determines that the costs of arbitration would be prohibitive for you compared with going to court, the Company will pay the portion of the fees the arbitrator deems necessary for the arbitration to proceed.

What this section does not cover

Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or for unauthorized access to the Service. Nothing in this section limits any non-waivable right you may have under applicable consumer protection law — including, for Ontario residents, the Consumer Protection Act, and, for Québec residents, the Québec Consumer Protection Act — to bring a claim in court.

Class action and jury trial waiver

To the extent permitted by law, disputes will be resolved on an individual basis only: class actions, consolidated proceedings, and representative actions are not permitted, and you and the Company each waive the right to a trial by jury.

Mass filings

If 25 or more substantially similar arbitration demands are filed by or with the assistance of coordinated counsel or organizations, you and the Company agree that the demands will be batched and resolved in staged proceedings under the arbitration provider's rules for mass filings, and filing fees will be assessed accordingly.

Your right to opt out

You may opt out of this arbitration agreement and class action waiver (but not the rest of these Terms) by emailing support@getdeali.app with your name and account email within 30 days of first accepting these Terms. Opting out does not affect any other provision of these Terms.

Time limit on claims

To the extent permitted by applicable law, any claim arising out of or relating to the Service must be filed within one (1) year after the claim accrued, or it is permanently barred. Where applicable law does not permit shortening the limitation period (including for consumers in certain Canadian provinces), the shortest limitation period permitted by law applies instead.

If any provision of these Terms is found invalid, the remaining provisions remain in effect. Our failure to enforce a right does not constitute a waiver of that right.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our prior written consent.

The Company is not liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including outages of third-party services, network failures, labor disputes, and acts of nature or government.

Sections that by their nature should survive termination of these Terms — including Sections 4, 5, 9, and 11 through 17 — survive. Except as expressly stated in Section 8 (Apple and Google), these Terms do not create any rights in any third party. Section headings are for convenience only.

The Company may update these Terms at any time. When we do, we will revise the “Last updated” date above and, where appropriate, provide reasonable notice. Your continued use of the Service after an update constitutes acceptance of the revised Terms.

If you have questions about these Terms, you may contact us at:

• Email: support@getdeali.app
• Operated by: Deali