Terms of Service

1. Agreement to Terms

By accessing or using Spectify ("the Service"), you agree to be bound by these Terms of Service. If you are using the Service on behalf of an optometry practice or business, you represent that you have the authority to bind that entity to these terms.

2. Description of Service

Spectify provides AI-powered eyewear frame comparison and recommendation tools for optometry practices. The Service analyses photos of customers wearing different frames and provides personalised styling recommendations based on facial features, preferences, and lifestyle factors.

3. Account Registration

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must promptly notify us of any unauthorised access to your account.
• One account per practice. Multiple staff members may be added under a single practice account.

4. Free Trial

New accounts receive a free trial of up to 10 AI analyses. The trial allows you to evaluate the Service before subscribing. Trial usage is limited to one trial per practice.

5. Subscription and Payment

• After your trial, continued use requires an active subscription at R850/month (VAT inclusive).
• Payments are processed securely through PayFast, a PCI DSS compliant South African payment gateway.
• Subscriptions renew automatically on a monthly basis unless cancelled.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
• We do not offer refunds for partial billing periods.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws.
• Upload content that is harmful, offensive, or infringes on intellectual property rights.
• Attempt to gain unauthorised access to the Service, its servers, or related systems.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use the Service to collect personal information without proper consent from data subjects.
• Share your account credentials with unauthorised parties.
• Engage in unreasonable or excessive automated usage that places undue burden on our systems. "Unlimited analyses" is subject to a fair usage policy — we reserve the right to throttle or temporarily restrict access in cases of automated, scripted, or otherwise abusive usage patterns. Normal practice usage will never be affected.

7. Customer Consent and POPIA

As the subscribing practice, you are the "responsible party" under the Protection of Personal Information Act (POPIA) for the personal information of your customers processed through Spectify.

• You must obtain informed consent from customers before capturing their photos and personal information for frame analysis.
• You must inform customers that their photos will be processed by third-party AI services for the purpose of frame recommendations.
• You are responsible for responding to data subject access requests from your customers.

8. AI-Generated Recommendations

Spectify's AI recommendations are provided as styling suggestions to assist professional optometrists. They are not a substitute for professional judgement regarding lens prescriptions, medical suitability, or optical fitting.

• AI recommendations are advisory in nature and should be used alongside professional expertise.
• We do not guarantee the accuracy, completeness, or suitability of AI-generated results.
• The practice retains full professional responsibility for frame selection advice given to customers.

9. Intellectual Property

The Service, including its design, code, AI models, branding, and content, is owned by Spectify and protected by copyright and other intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable licence to use the Service for your practice operations.

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which details how we collect, use, and protect personal information.

11. Service Availability

• We strive to maintain high availability but do not guarantee uninterrupted access to the Service.
• We may perform maintenance that temporarily affects availability, with reasonable advance notice where possible.
• We are not liable for downtime caused by third-party services (AI providers, payment processors, cloud infrastructure).

12. Limitation of Liability

To the maximum extent permitted by South African law:

• Spectify is provided "as is" without warranties of any kind, whether express or implied.
• We shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service.
• Our total liability for any claim related to the Service shall not exceed the subscription fees paid by you in the 12 months preceding the claim.

13. Termination

• You may terminate your account at any time through the Settings page or by contacting us.
• We may suspend or terminate your access if you violate these terms, with notice where reasonably possible.
• Upon termination, your data will be deleted in accordance with our Privacy Policy and POPIA requirements.
• You may request a copy of your data before account closure.

14. Governing Law

These terms are governed by the laws of the Republic of South Africa. Any disputes arising from these terms or your use of the Service shall be subject to the jurisdiction of the South African courts.

15. Changes to Terms

We may update these terms from time to time. Material changes will be communicated to subscribers via email at least 30 days before they take effect. Continued use of Spectify after changes constitutes acceptance of the updated terms.

16. Contact

For questions about these terms:

Email: [email protected]