Spot Terms of Use

These Terms of Use are an agreement between you and Kinder Tracks Pty Ltd (ACN 701 188 525, ABN 22 701 188 525) of Spring Hill, Queensland 4000, Australia (Kinder Tracks, we, us or our), and govern your access to and use of the Spot mobile application. By creating a Spot account or using the App, you agree to these Terms. If you do not agree, do not use Spot.

1. Definitions and interpretation

Defined terms

In these Terms, unless the context requires otherwise, the following words have these meanings:

Account	means your personal Spot account, accessed with your email address and password.
Admin	means the person who created a Family and holds the Subscription for it, as described in clause 5.
App or Spot	means the Spot mobile application published by Kinder Tracks, together with any related services we provide through it.
Australian Consumer Law	means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Caregiver	means a person the Admin invites into a Family who accepts that invitation, as described in clause 5.
Child	means a child whose information is recorded in the App by their parent or guardian.
Family	means the account group that links an Admin and any Caregivers and scopes the data they share.
Force Majeure Event	has the meaning given in clause 13.3.
Health Information	means information about the health of you or a Child. It is sensitive information under the Privacy Act and receives extra protection.
Kinder Tracks, we, us or our	means Kinder Tracks Pty Ltd (ACN 701 188 525, ABN 22 701 188 525).
Privacy Act	means the Privacy Act 1988 (Cth), including the Australian Privacy Principles.
Privacy Policy	means our privacy policy, available at kindertracks.com.au/spot/privacy, as updated from time to time.
Reflections	means the free-text journal entries you write about your own day.
Subscription	means a paid subscription to Spot purchased through the Apple App Store or Google Play.
Terms	means these Terms of Use.
Tracking Data	means the information you log about a Child, including feeds, sleeps, nappies, growth measurements, medication, temperature readings, and any notes you attach.
You or your	means the person who creates or uses a Spot account.

Interpretation

1.1  In these Terms:

(a)  headings are for convenience only and do not affect interpretation;

(b)  the singular includes the plural and the reverse;

(c)  a reference to a person includes a company, and the reverse;

(d)  a reference to a statute includes any regulations made under it and any amendment to or replacement of it;

(e)  a reference to a clause is a reference to a clause of these Terms; and

(f)  a reference to writing includes email.

2. About Spot and these terms

2.1  Spot is a mobile app for recording and reviewing information about a baby or young child, including feeds, sleeps, nappies, growth measurements, medication, temperature, and your own notes and Reflections.

2.2  Spot is a record-keeping tool. It is not a medical device and does not provide medical advice. Clause 10 is the most important clause in these Terms and you should read it carefully.

2.3  By creating a Spot account or using the App, you agree to these Terms and to our Privacy Policy, which forms part of these Terms. If you do not agree, do not use Spot.

2.4  We may update these Terms. For material changes we will give you reasonable notice in the App or by email before they take effect. If you keep using Spot after the changes take effect, you accept them. If you do not accept them, you should stop using Spot and cancel your Subscription.

3. Eligibility and your account

3.1  To use Spot you must:

(a)  be the parent or legal guardian of each Child you record, or a Caregiver authorised by that parent or guardian;

(b)  provide accurate account information and keep it current; and

(c)  keep your password confidential.

3.2  You are responsible for everything that happens under your Account. Tell us promptly at hello@kindertracks.com.au if you believe someone else has accessed it.

3.3  One account, one Family. Each Account belongs to a single Family. Spot does not currently support belonging to more than one Family.

4. Subscription, trial and billing

Pricing and trial

4.1  Spot is a paid subscription with no free tier. Current pricing is AUD $9.99 per month or AUD $99 per year. All prices are in Australian dollars and include GST where applicable.

4.2  New subscribers receive a 14-day free trial. If you do not cancel before the trial ends, your Subscription begins automatically and you will be charged. You may cancel at any time during the trial at no cost. Trials are one per person, and we may refuse a trial to anyone who has already had one.

How billing works

4.3  Subscriptions are sold and billed through the Apple App Store or Google Play, not directly by us. This means that:

(a)  your Subscription renews automatically at the end of each billing period unless you cancel;

(b)  you are charged through your Apple or Google account;

(c)  we never receive or store your payment details; and

(d)  your purchase is also subject to Apple's or Google's own terms.

4.4  You cancel through your app store, not through us, and we cannot cancel a Subscription on your behalf. Cancel at least 24 hours before your renewal date, or you will be charged for the next period. When you cancel, you keep access until the end of the period you have already paid for.

4.5  Refunds are handled by Apple or Google under their own policies, not by us. This does not limit your rights under the Australian Consumer Law, which are set out in clause 12.

4.6  We may change our prices. If we do, we will give you at least 30 days' notice before the change affects you, and you may cancel before it takes effect. Price changes never apply to a period you have already paid for.

If your Subscription lapses

4.7  If your Subscription ends, you lose access to Spot's paid features. We do not delete your data immediately. You may still export a copy of your data, and request access to the personal information we hold about you, even after your Subscription has lapsed. To restore full access, resubscribe. If your Subscription stays lapsed and no one signs in to the Family for 12 months, we may delete the Family’s data. Please export your data before then if you want to keep a copy.

5. Sharing with other caregivers

5.1  Spot lets you invite a partner or other Caregiver into your Family. A Caregiver can see everything in your Family, including all Children, all Tracking Data, all notes, and all Reflections, including Reflections about your own day. Spot does not offer per-child or partial access. Only invite people you are comfortable sharing all of that with.

5.2  Whoever creates the Family and holds the Subscription is the Family's Admin. Everyone they invite is a Caregiver. There is exactly one Admin per Family, the role cannot be transferred, and a Caregiver cannot be promoted to Admin. A Caregiver is covered by the Admin’s Subscription and never pays for Spot.

5.3  Only the Admin may:

(a)  invite a Caregiver, cancel an invitation, or remove a Caregiver's access;

(b)  add a Child, or change or delete a Child's profile;

(c)  change shared settings, including which activities the Family tracks and its medication settings; and

(d)  delete the entire Family, and cancel that deletion during the grace period.

5.4  For as long as they have access, any Caregiver may: log, edit and delete records of every kind, including records another Caregiver logged; read everything in the Family; export a full copy of the Family's data; leave the Family; and delete their own Account.

5.5  The Admin may remove a Caregiver's access at any time, without their agreement and with immediate effect. The removed person keeps their own login and personal profile but immediately loses access to the Family's data, and may be invited back.

5.6  Only the Admin may delete the Family. Deleting the Family permanently deletes all Children, all Tracking Data, and all Reflections for everyone in the Family, together with the Admin's own Account, after a 30-day grace period during which the Admin may cancel. Other Caregivers keep their own logins but lose access to the Family's data. Everyone may export their data during the grace period.

5.7  These limits are enforced by our systems, not merely stated in these Terms.

5.8  Spot does not decide parental rights. Who holds the Admin role reflects who set up the Account, and nothing more. It is not a determination about parental responsibility, custody, or who is entitled to a Child's information, and it must not be relied on as evidence of any of those things.

5.9  If you disagree with another Caregiver about access to a record, that is a matter between you, and we cannot arbitrate it. We act on the instructions of the Admin as the account holder. We will not act on a request by a person who is not the Admin to delete, restrain, transfer or hand over another person's data without a court order or a direction of a court exercising family law jurisdiction. If, before a scheduled deletion takes effect, we receive a court order or a direction of a court exercising family law jurisdiction, we will comply with it. If we are otherwise notified of a legal dispute affecting the Family’s data, we may suspend the deletion until the dispute is resolved or a court directs us otherwise. We do this to preserve records, not to take a side.

5.10  You are responsible for who you invite. Please make sure everyone in your Family agrees to what is being recorded and shared.

6. Your data

6.1  Your data is yours. You keep all rights to the information you enter into Spot.

6.2  You grant us a limited, non-exclusive licence to store, process and display that information solely to run the service for you. We do not use it for any other purpose, we do not sell it, and we do not use it to train AI models.

6.3  You can export your data to a file, and delete your Account, from inside the App at any time.

6.4  How we handle your personal information is set out in our Privacy Policy, which forms part of these Terms.

7. Acceptable use

7.1  You must not:

(a)  use Spot for any unlawful purpose;

(b)  enter information about a Child you have no authority to record;

(c)  attempt to access another Family's data, or probe, scan or test our security;

(d)  reverse engineer, decompile, or attempt to extract Spot's source code;

(e)  use automated means to scrape, overload, or interfere with the service;

(f)  resell, sublicense, or commercially redistribute access to Spot;

(g)  upload malicious code, or content that is abusive, harassing, or infringes another person's rights; or

(h)  deliberately misuse the AI features, or attempt to get around their usage limits.

7.2  We may suspend or terminate accounts that breach these rules, as set out in clause 14.

8. AI features

8.1  Spot can use AI to interpret free-text entries, for example turning “she fed for 20 minutes on the left” into a breastfeed record. How the AI features handle your information is explained in our Privacy Policy.

8.2  AI output is not guaranteed to be accurate. It may misread a number, pick the wrong activity type, or misinterpret what you wrote. Always check what Spot has recorded before relying on it, particularly for medication, feed volumes, and temperature readings.

8.3  You can edit or delete any entry Spot creates. The AI features are optional and off by default, and you can disable them at any time in Settings.

8.4  We apply fair-use limits to the AI features to keep the service sustainable.

9. Intellectual property

9.1  Spot, including its software, design, branding, the “Birth Bloom” avatar artwork, and all associated content, is owned by Kinder Tracks and protected by copyright and other laws.

9.2  We grant you a personal, non-exclusive, non-transferable and revocable licence to use Spot for your own Family's purposes while your Family’s Subscription is active. You receive no other rights.

9.3  “Spot”, “Kinder Tracks”, and our logos are our trade marks. You must not use them without our written permission.

10. Spot is not medical advice

10.1  This is the most important clause in these Terms. Spot is a record-keeping tool. It is not a medical device, and it is not a substitute for professional healthcare.

10.2  Spot does not:

(a)  diagnose, treat, cure, monitor or prevent any medical condition;

(b)  provide clinical assessments, developmental evaluations, or predictions about a Child's health, as its summaries and patterns are derived arithmetically from the entries you make and describe only what you logged;

(c)  monitor your Child, or alert you to a medical emergency or a dangerous situation; or

(d)  form any view about whether your Child's feeding, sleeping or growth is normal, healthy or concerning.

10.3  Medication. Spot records the medication name, dosage and time that you enter, and shows that history back to you. It does not calculate or recommend when a dose is due, how much to give, or whether it is safe to give a dose.

10.4  Temperature. The temperature screen colours a reading against age-banded reference ranges. Those ranges are not ours. They are drawn from published Australian guidance, being the Royal Children's Hospital Melbourne clinical practice guideline Febrile child, and healthdirect Australia's Fever and high temperature in children. For a child under three months, Spot's band deliberately sits slightly below the published fever threshold, so the colour changes early rather than late.

10.5  A colour is general reference information, not an assessment of your Child. A colour is not a diagnosis, and a calm colour is not reassurance. Spot does not decide whether your Child is unwell, and it will not tell you to seek care.

10.6  We re-check those sources every three months and update the ranges if the guidance has changed. They were last checked on 24 September 2026. If the guidance changes between checks, the version in the App may be out of date until our next review. Your health professional's advice always takes precedence over anything Spot displays.

10.7  Always consult a qualified health professional, such as your GP, paediatrician, child health nurse or midwife, about your Child's health, feeding, growth, medication or development. Never delay seeking medical advice, or disregard advice you have been given, because of anything in Spot.

10.8  In an emergency, call 000 (Australia) or your local emergency number immediately. Do not use Spot.

10.9  You are responsible for the accuracy of what you enter and for any decisions you make. Records in Spot may be incomplete, mistyped, mis-parsed by AI, delayed by a lost connection, or lost through device or account issues. Do not rely on Spot as your sole record of medication administration or any other health-critical information.

11. Availability and changes to Spot

11.1  We aim to keep Spot running reliably, but we do not guarantee it will be uninterrupted or error-free. Access may be affected by maintenance, updates, connectivity, your device, or outages at our service providers.

11.2  We may add, change or remove features. If we remove something significant, we will give you reasonable notice.

11.3  If we discontinue Spot, we will give you at least 60 days' notice and a way to export your data before the service ends. If you have paid in advance, we will refund the unused portion of your Subscription.

12. Consumer guarantees and our liability

Australian Consumer Law

12.1  Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot legally be excluded.

12.2  Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the service remedied if it is not of acceptable quality and the failure does not amount to a major failure.

Where the law allows us to limit liability

12.3  

(a)  Spot is provided “as is”, without warranties beyond those the law imposes;

(b)  we are not liable for indirect, incidental, special or consequential loss, or for loss of profits, data or goodwill;

(c)  we are not liable for any health outcome, medical decision, or consequence arising from your use of, or reliance on, Spot, as set out in clause 10;

(d)  where our liability can be limited rather than excluded, it is limited, at our option, to resupplying the service or paying the cost of resupply; and

(e)  our total aggregate liability is limited to the greater of the amount you paid us in the 12 months before the claim arose and AUD $100.

Your responsibility

12.4  You agree to indemnify us against claims arising from your breach of these Terms, your misuse of Spot, or your entering information about a Child without authority, except to the extent we caused the loss.

13. Force majeure

13.1  We are not liable for any failure or delay in performing our obligations under these Terms to the extent that the failure or delay is caused by a Force Majeure Event, provided that we use reasonable endeavours to minimise its impact and to resume performance as soon as practicable.

13.2  If a Force Majeure Event continues for more than 60 days, we may suspend or discontinue Spot in accordance with clause 11, and you may cancel your Subscription. Neither you nor we will have any liability for doing so, other than for amounts already due and payable.

13.3  A Force Majeure Event means any event or circumstance beyond our reasonable control, including:

(a)  acts of God, flood, earthquake, storm, cyclone or other natural disaster;

(b)  epidemic, pandemic, or public health emergency declared by a government authority;

(c)  war, invasion, acts of terrorism, riot or civil unrest;

(d)  strike, lockout or industrial action, other than involving our own employees;

(e)  government action, law, regulation, order or embargo; and

(f)  failure of third-party infrastructure, including telecommunications, power, or cloud hosting networks.

13.4  For the avoidance of doubt, a Force Majeure Event does not include:

(a)  financial difficulty or inability to pay; or

(b)  a change in market conditions.

14. Suspension and ending this agreement

14.1  You may stop using Spot at any time by cancelling your Subscription and deleting your Account in the App.

14.2  We may suspend or terminate your Account if you materially breach these Terms, if we are required to by law, or if we discontinue the service in accordance with clause 11. Where it is reasonable to do so, we will warn you first and give you a chance to fix the problem.

14.3  On termination, your licence to use Spot ends. Clauses 6, 9, 10, 12 and 15 survive termination.

15. Governing law

15.1  These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

15.2  If you are a consumer in another country, this does not deprive you of the protection of mandatory consumer laws where you live.

16. General

16.1  Severability: If a provision of these Terms is found to be unenforceable, the rest continues to apply.

16.2  No waiver: If we do not enforce a right immediately, we have not given it up.

16.3  Assignment: You may not transfer your rights under these Terms. We may transfer ours to a successor of our business, on notice to you.

16.4  Entire agreement: These Terms and the Privacy Policy are the whole agreement between you and us about Spot.

16.5  Contact: You can reach us at hello@kindertracks.com.au.

17. Apple and Google app stores

17.1  If you downloaded Spot from the Apple App Store, Apple’s standard Licensed Application End User Licence Agreement also applies to your use of Spot. To the extent of any inconsistency between these Terms and that agreement in relation to Spot obtained from the App Store, that agreement prevails.

17.2  You and we acknowledge that these Terms are concluded between you and Kinder Tracks only, and not with Apple, and that Apple is not responsible for Spot or its content.

17.3  Apple has no obligation to furnish any maintenance or support services for Spot.

17.4  To the maximum extent permitted by law, Apple has no warranty obligation for Spot, and any claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our responsibility and not Apple’s.

17.5  Apple is not responsible for addressing any claims by you or a third party relating to Spot or your possession or use of it, including product liability claims, any claim that Spot fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

17.6  Apple is not responsible for investigating, defending, settling or discharging any claim that Spot, or your use of it, infringes a third party’s intellectual property rights.

17.7  You represent that you are not located in a country subject to a US Government embargo or designated as a terrorist-supporting country, and that you are not listed on any US Government list of prohibited or restricted parties.

17.8  Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple has the right to enforce these Terms against you as a third-party beneficiary.

17.9  If you downloaded Spot from Google Play, your use of Spot is also subject to Google Play’s own terms of service.

By creating a Spot account or using the App, you accept these Terms of Use.