Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Spotz, Inc. ("Spotz," "we," "us," or "our") governing your access to and use of the Spotz mobile application, website, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

1.1 Eligibility

You must be at least 13 years old to use Spotz. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using the Service, you represent and warrant that you meet these eligibility requirements and have the right, authority, and capacity to enter into this agreement.

2. Description of Service

Spotz is a location discovery platform that helps users find and share unique places, experiences, and moments in their local areas and beyond. Our Service includes:

• Location Discovery: Browse curated and user-recommended places across various categories including nature, dining, culture, wellness, and more
• Personalized Recommendations: Receive tailored suggestions based on your preferences, location, and timing
• Community Features: Save favorite locations, create collections, share discoveries, and connect with other users
• User-Generated Content: Submit your own Spotz, reviews, photos, and recommendations
• Interactive Maps: Navigate to locations with integrated mapping and directions
• Ideal Timing Insights: Discover the best times to visit locations based on crowd levels, weather, and seasonal factors

2.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Accounts

3.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. You agree not to share your account with others or allow others to access your account. Spotz will not be liable for any loss or damage arising from your failure to protect your account information.

3.3 Account Termination

You may delete your account at any time through the account settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to the Service or other users.

4. User Content & Conduct

4.1 User-Generated Content

Spotz allows you to submit, post, and share content including location submissions, reviews, photos, comments, and recommendations ("User Content"). By submitting User Content to the Service, you grant Spotz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service.

4.2 Content Ownership

You retain all ownership rights to your User Content. However, by posting User Content on Spotz, you represent and warrant that:

• You own or have the necessary rights to the content you submit
• Your content does not infringe on any third party's intellectual property, privacy, or other rights
• Your content complies with these Terms and all applicable laws

4.3 Prohibited Content

You agree not to post User Content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Infringes on intellectual property rights, privacy rights, or other proprietary rights
• Contains malware, viruses, or other malicious code
• Is sexually explicit, obscene, or pornographic
• Promotes discrimination, bigotry, racism, hatred, or physical harm
• Contains false or misleading information about locations or businesses
• Violates the privacy of others or shares personal information without consent
• Promotes illegal activities or substances
• Contains unsolicited advertising, spam, or promotional content

4.4 Prohibited Conduct

You agree not to:

• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Use automated systems (bots, scrapers, etc.) to access the Service without our permission
• Collect or harvest any personally identifiable information from other users
• Use the Service for any commercial purpose without our express written consent
• Submit false, misleading, or fraudulent location information
• Manipulate ratings, reviews, or recommendations
• Engage in any activity that could damage our reputation or the reputation of the Service

5. Location Data

5.1 Location Services

Spotz uses location data to provide personalized recommendations and location-based services. By using the Service, you consent to the collection, use, and sharing of your location information as described in our Privacy Policy.

You can control location permissions through your device settings. However, disabling location services may limit certain features of the Service.

5.2 Location Accuracy

While we strive to provide accurate location information, we cannot guarantee the accuracy, completeness, or timeliness of location data. Location information is provided "as is" and may be affected by various factors including GPS accuracy, network connectivity, and user-submitted data.

5.3 Safety and Responsibility

You are solely responsible for your safety when visiting locations found through Spotz. We recommend:

• Researching locations before visiting
• Being aware of your surroundings at all times
• Following all posted rules, regulations, and safety guidelines
• Respecting private property and not trespassing
• Using caution when visiting remote or unfamiliar locations
• Checking weather conditions and operating hours before visiting

6. Intellectual Property

6.1 Spotz Intellectual Property

The Service and its original content, features, and functionality (excluding User Content) are owned by Spotz, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, service marks, logos, and trade dress (including the Spotz name, logo, and design elements) may not be used without our prior written consent.

6.2 Limited License

Subject to your compliance with these Terms, Spotz grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial use.

6.3 Restrictions

You may not:

• Modify, copy, or create derivative works based on the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Service in any way that could damage, disable, or impair the Service
• Frame or mirror any part of the Service without our express written consent

6.4 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service ("Feedback"), you grant us the right to use such Feedback without any obligation to compensate you or to keep such Feedback confidential.

7. Recommendations & Content Accuracy

7.1 Nature of Recommendations

Spotz provides location recommendations based on algorithms, community input, and curated content. These recommendations are for informational purposes only and should not be considered professional advice.

7.2 No Endorsement

The inclusion of any location, business, or service on Spotz does not constitute an endorsement, recommendation, or warranty by Spotz. We do not verify the accuracy of all user-submitted information and are not responsible for the quality, safety, or legality of locations featured on the Service.

7.3 Third-Party Content

Information about locations, businesses, and events may be provided by third parties, including users, business owners, and external data sources. While we make reasonable efforts to maintain accuracy, we cannot guarantee that all information is current, complete, or accurate.

We encourage users to:

• Verify important information (hours, prices, availability) before visiting
• Contact businesses directly for the most current information
• Report inaccurate or outdated information through the app

8. Third-Party Services & Links

8.1 Third-Party Integrations

The Service may integrate with or link to third-party services, websites, applications, or content, including but not limited to:

• Mapping and navigation services (e.g., Google Maps, Apple Maps)
• Social media platforms (for sharing and authentication)
• Payment processors (for premium features and subscriptions)
• Business listing services and directories
• Weather and timing data providers

8.2 No Responsibility for Third Parties

Spotz is not responsible for the content, privacy practices, or terms of service of any third-party services. Your use of third-party services is at your own risk and subject to their terms and privacy policies.

Any interactions, transactions, or disputes you have with third parties found through the Service are solely between you and the third party. Spotz is not liable for any loss or damage resulting from such interactions.

9. Purchases & Subscriptions

9.1 Premium Features

Spotz may offer premium features, subscriptions, or in-app purchases ("Premium Services"). By purchasing Premium Services, you agree to pay all applicable fees and charges.

9.2 Pricing and Payment

All prices are in U.S. dollars (or local currency) and are subject to change. We reserve the right to modify our pricing at any time, though changes will not affect active subscriptions until renewal.

Payments are processed through third-party payment processors (e.g., Apple App Store, Google Play Store). You agree to comply with their terms and conditions.

9.3 Subscriptions

Subscriptions automatically renew unless canceled before the renewal date. You can manage or cancel your subscription through your app store account settings.

9.4 Refunds

Refund policies are governed by the app store through which you made your purchase. Generally, payments for Premium Services are non-refundable except as required by law or as specified in the app store's refund policy.

9.5 Free Trials

We may offer free trials for Premium Services. If you do not cancel before the trial ends, you will be automatically charged for the subscription. We reserve the right to limit free trial eligibility.

10. Privacy & Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection and use of your information as described in the Privacy Policy, including:

• Location data for personalized recommendations
• User account and profile information
• Usage data and analytics
• User-generated content and interactions
• Device information and identifiers

Please review our Privacy Policy carefully to understand how we handle your information.

11. Disclaimers & Limitation of Liability

11.1 "As Is" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Spotz does not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• The quality of any products, services, information, or content obtained through the Service will meet your expectations
• Any errors in the Service will be corrected

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPOTZ, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any User Content obtained from the Service
• Unauthorized access, use, or alteration of your content or information
• Any harm, injury, or damage resulting from visiting locations found through the Service

IN NO EVENT SHALL SPOTZ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO SPOTZ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.3 Indemnification

You agree to indemnify, defend, and hold harmless Spotz, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your conduct in connection with the Service

12. Termination

12.1 Termination by You

You may terminate your account at any time by accessing your account settings and selecting the option to delete your account. Upon termination, your right to use the Service will immediately cease.

12.2 Termination by Spotz

We reserve the right to suspend or terminate your access to the Service, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• At our sole discretion, for any reason or no reason

12.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete your account and User Content from our systems
• Any outstanding payment obligations will remain in effect
• Provisions of these Terms that by their nature should survive termination will remain in effect

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Informal Resolution

Before filing a claim, you agree to contact us at legal@spotz.app and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations within 60 days.

13.3 Arbitration Agreement

If we cannot resolve a dispute informally, you and Spotz agree to resolve any claims through final and binding arbitration, except as specified below. This arbitration agreement applies to all disputes arising out of or relating to these Terms, your use of the Service, or your relationship with Spotz.

Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in San Francisco, California, or at another mutually agreed location.

13.4 Class Action Waiver

YOU AND SPOTZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.5 Exceptions to Arbitration

Either party may seek equitable relief in court for infringement or other misuse of intellectual property rights. Additionally, either party may bring a claim in small claims court if it qualifies.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you via email or through the Service
• Provide you with a reasonable opportunity to review the changes

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and delete your account.

We encourage you to review these Terms periodically to stay informed of any updates.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Spotz regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Spotz.

15.4 Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

15.5 Force Majeure

Spotz will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, or government actions.

15.6 Export Control

You agree to comply with all applicable export and re-export control laws and regulations in your use of the Service.

15.7 Electronic Communications

By using the Service, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

15.8 Language

These Terms are provided in English. In the event of any conflict between an English version and a translation, the English version shall prevail.

16. Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: