The following terms and conditions (Terms) govern your access to, and use of, Couch - an online way to track the shows, games, books and movies you love (the Service). These Terms constitute a binding legal agreement between you and the creator Ben Schenk (reachable for any enquiries via contact@benschenk.dev) (the Developer).
The Service is a free to use platform and does not receive revenue. It operates as a website only, found at couch.wiki, and not a business in any form. By accessing the website, you agree to be bound by the Terms contained therein. If you do not agree to these Terms, you must cease access or use of the website.
By using the Service, you warrant that you are: a resident of Australia; accessing the Service from Australia; accessing the Service with the intention of using the service in Australia; and at least 18 years of age, with the capacity to enter into binding contracts, or accessing the Service with the permission and authority of a parent or guardian, who has the capacity to enter into binding contracts.
These Terms were first effective on 4 September 2025. The Developer may amend these Terms at any time. It is your responsibility to periodically review these terms to stay informed of updates. Your continued use of Couch is indicative of your continued acceptance of the Terms as modified.
These Terms shall be governed by and defined following the laws of Australia. You irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
The Terms constitute the entire agreement between you and the Developer, unless where otherwise indicated in this agreement. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
You must not: rent, lease, sell, distribute or sublicense to any third party; copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; access the Service for the purposes of building or marketing a competitive product; use the Service to store or transmit a virus or malicious code; trick, defraud, or mislead the Developer and/or other users, especially in any attempt to learn sensitive account information such as user passwords; interfere with, disrupt, or create an undue burden on the Service; or bypass the measures the Service uses to prevent or restrict access to the Service.
For breach of these Terms, the Developer may terminate your access to the Service. In any event, the Developer reserves the right to terminate your access to the Service at any time.
Unless otherwise indicated, the website, web application and mobile application is the proprietary property of the Developer and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website and the trademarks, service marks, and logos contained therein are owned or licensed to the Developer, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, international copyright laws, and international conventions.
The major exception to this is the graphics and image covers of the games, books, shows and movies. These remain the intellectual property of their respective creators and/or owners, and the display of these covers on the Service constitutes fair use of the images.
Movie, film, book and show data are sourced from external sources that provide free use of the data through APIs for non-commercial use. These sources include TMDB, IGDB, and Hardcover. We attribute this data to the respective sources and are grateful for their support in allowing the Service to exist.
The Service is, fundamentally and absolutely, software that is "use at your own risk".
The Service is provided on an "as-is" and "as-available" basis. You agree that your use of the Service will be at your sole risk. To the fullest extent permitted by law, the Developer disclaims all warranties, express or implied, in connection with the website and your use thereof.
The Developer makes no warranties or representations about the accuracy or completeness of the Service's content and the Developer will assume no liability or responsibility for any: errors, mistakes, or inaccuracies of content and materials; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; any unauthorised access to the Service and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the service; any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party; and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service.
The Developer does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and the Developer will not be a party to or in any way be responsible for monitoring any transaction between you and any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
In no event will the Developer be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website.
Nothing in these terms and conditions excludes or limits the Developer's liability for: fraud or fraudulent misrepresentation; any breach of the obligations contained in the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law; or any other matter for which it would be illegal to exclude or attempt to exclude the Developer's liability.
By using the Service, you agree to be bound by this Privacy Policy, detailed below, which is incorporated into these Terms. The Service adheres to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy outlines how personal information is collected and handled.
The Service will, from time to time, receive and store personal information. Basic information such as your email address and password is collected to enable the functionality of the Service. This information is collected via an electronic form.
Cookies are used by the Service, but only for purely functional purposes. Cookies are small files that a website uses to identify returning users and store details about site usage. Cookies do not access or damage computers. Most web browsers automatically accept cookies, but settings can be adjusted to reject them. However, this will limit the functionality of the Service.
From time to time, it may be necessary to disclose personal information to comply with legal requirements, such as laws, regulations, court orders, subpoenas, warrants, legal proceedings, or law enforcement requests.
Information collected may occasionally be stored, processed, or transferred to countries outside of Australia.
In the event of a change of control or a sale or transfer of the Service, the Developer reserves the right to transfer, to the extent permissible by law, user databases, along with any personal and non-personal information contained within those databases. This information may be disclosed to a potential purchaser under a confidentiality agreement. The intention is to only disclose information in good faith and as required by such circumstances.
By providing your personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by it. When personal information is disclosed to third parties, those third parties will be requested to adhere to this Policy regarding the handling of personal information.
Measures have been implemented to ensure that the information you provide is handled securely. To prevent unauthorized access or disclosure, suitable electronic procedures have been put in place to safeguard information and protect it from misuse, interference, loss, unauthorized access, modification, or disclosure.
The transmission and exchange of information are carried out at the user's own risk. Although measures are taken to safeguard against unauthorized disclosures, there is no guarantee that personal information collected will not be disclosed in a manner inconsistent with this Privacy Policy.
The Service may include links to other websites that are not owned or controlled by the Developer. These links are provided for convenience only and do not constitute sponsorship, endorsement, or approval of these websites. It is important to note that responsibility for the privacy practices of other websites is not assumed by the Developer. Users are encouraged to review the privacy statements of any third-party websites that collect personal information.
You may request a copy of the personal information held by the Service or request to update the personal information held if you believe it to be inaccurate, outdated, incomplete, irrelevant, or misleading. These requests must be made in accordance with the Privacy Act 1988 (Cth). The Developer reserves the right to refuse to provide personal information held by Couch in accordance with the Privacy Act. Complaints regarding the privacy practices of the Service should be submitted via email to the Developer.
Please note that this Privacy Policy may change in the future. Modifications may occur at any time at the sole discretion of the Developer, and all changes will take effect immediately upon posting on the website. Users are encouraged to review the Privacy Policy periodically.