Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a legally binding agreement between you and Spot LLC, a Florida limited liability company ("Spot," "we," "us," or "our"). By downloading, installing, or using the Spot mobile application ("App"), or by accessing the Spot Partner Dashboard ("Dashboard"), including all related content, features, and functionality (collectively, the "Services"), you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, do not use the Services. We reserve the right to update these Terms at any time as described in Section 19.

2. Apple App Store Additional Terms

If you download or access the App through the Apple App Store, the following additional terms apply:

• These Terms are between you and Spot LLC only — not Apple, Inc. Apple is not responsible for the App or its content.
• Apple has no obligation to provide any maintenance or support for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligations with respect to the App.
• Apple is not responsible for addressing any claims you or any third party have relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims.
• If a third party claims the App infringes their intellectual property rights, Apple is not responsible for investigating, defending, settling, or discharging such claims — Spot LLC is solely responsible.
• You must comply with applicable third-party terms of service when using the App (e.g., your mobile carrier agreement).
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

3. Eligibility

You must be at least 21 years of age to use the Services. The Services involve content related to alcohol and nightlife; they are not intended for, and may not be used by, anyone under 21. By using the Services, you represent and warrant that:

• You are at least 21 years of age.
• You have the legal capacity to enter into a binding contract in your jurisdiction.
• You are not barred from using the Services under any applicable law.
• You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country.
• You are not listed on any U.S. Government list of prohibited or restricted parties.

4. User Accounts

To access certain features you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your information to keep it accurate.
• Keep your login credentials confidential and not share them with anyone.
• Be solely responsible for all activity that occurs under your account.
• Notify us immediately at support@spotapp.com of any unauthorized use of your account or credentials.

You may not create more than one personal account. We reserve the right to suspend, disable, or permanently delete your account if you violate these Terms or if we determine, in our sole discretion, that your account poses a risk to the Services or other users.

Account deletion: You may delete your account at any time via Profile → Settings → Delete Account in the App, or by emailing privacy@spotapp.com.

5. The Services — App Users

The Spot App allows users 21+ to discover nearby bars, nightlife venues, and events; view drink specials; check in at venues; RSVP to events; and follow friends' activity. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App on your personal iOS device solely for personal, non-commercial purposes.

We reserve the right to modify, suspend, or discontinue any feature of the Services at any time without liability. We may also impose limits on certain features or restrict your access without notice or liability.

6. Venue Partner Program

Bar owners and venue operators who apply and are accepted into the Spot Partner Program ("Partners") are granted access to the Partner Dashboard to manage listings, post events, and run promotions. By participating as a Partner, you agree that:

• You have legal authority to represent and operate the venue you register.
• All venue information, hours, events, drink specials, and images submitted must be accurate, current, and lawful.
• You are solely responsible for ensuring your listings comply with all applicable federal, state, and local laws, including Florida liquor laws, health codes, fire codes, and zoning regulations.
• You may not use the Services to advertise illegal activities, promote underage drinking, or target individuals under 21.
• You may not submit false, misleading, or defamatory content about other venues or users.
• We reserve the right to remove any content, reject any listing, or suspend any Partner account at our sole discretion without prior notice or liability.

7. Payments, Subscriptions & Refunds

Certain Partner Dashboard features require payment. All payments are processed securely by Stripe, Inc. By purchasing a subscription or promotion:

• You authorize Spot LLC to charge the payment method provided via Stripe on a recurring basis as specified at the time of purchase.
• Subscription fees are billed in advance (monthly or annually) and are non-refundable except as required by applicable law or as stated in our refund policy.
• One-time promotion purchases are non-refundable once the promotion has begun running.
• We may change subscription pricing with at least 30 days' advance notice to active subscribers via email. Continued use after the price change takes effect constitutes acceptance.
• Failure to pay may result in immediate suspension of paid features. You remain responsible for any outstanding amounts.
• All transactions are in U.S. Dollars. You are responsible for any applicable taxes.

To request a refund or dispute a charge, contact billing@spotapp.com within 14 days of the charge.

8. User-Generated Content

You may post photos, check-ins, reviews, comments, and other content ("User Content") through the Services. You retain ownership of your User Content. By submitting User Content, you grant Spot LLC a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in connection with operating and promoting the Services.

You represent and warrant that:

• You own or have the rights to all User Content you submit.
• Your User Content does not infringe any third-party intellectual property, privacy, or publicity rights.
• Your User Content does not violate any law or these Terms.

We reserve the right to remove any User Content at our sole discretion and without prior notice if we determine it violates these Terms, applicable law, or is otherwise objectionable.

9. Prohibited Conduct

You agree not to use the Services to:

• Violate any applicable federal, state, or local law or regulation, including Florida law.
• Post content that is false, misleading, defamatory, obscene, pornographic, harassing, threatening, or abusive.
• Promote or facilitate illegal activity, including the sale of alcohol to minors.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to any part of the Services, other user accounts, or our computer systems or networks.
• Upload or transmit viruses, malware, or any code designed to disrupt, damage, or limit the functionality of any software or hardware.
• Scrape, crawl, spider, or otherwise extract data from the Services without our prior written consent.
• Use automated means (bots, scripts) to access or interact with the Services without our written authorization.
• Interfere with or disrupt the Services or servers or networks connected to the Services.
• Use the Services to send spam, unsolicited messages, or promotional content without recipient consent.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
• Circumvent or attempt to circumvent any technological measures we employ to protect the Services.

10. Intellectual Property

The Services and all content, features, functionality, and technology comprising them — including but not limited to the Spot name, logo, design, software, text, graphics, and data compilations — are owned by Spot LLC or its licensors and are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

These Terms grant you no ownership rights in the Services. You may not copy, modify, distribute, sell, license, reverse engineer, decompile, or create derivative works from the Services or any part thereof without our prior written consent.

If you believe content on the Services infringes your copyright, please send a DMCA notice to legal@spotapp.com including a description of the copyrighted work, the location of the allegedly infringing content, your contact information, and a statement of good faith belief.

11. Alcohol Disclaimer

Spot is a discovery and social platform — we do not sell, serve, or distribute alcohol. We are not responsible for the accuracy of any venue's stated drink specials, operating hours, pricing, or compliance with alcohol laws. Information displayed in the App is provided by venue Partners and may not always be current or accurate. Always drink responsibly. Never drink and drive. Spot encourages responsible consumption and complies with all applicable alcohol-related advertising regulations.

12. Third-Party Services & Links

The Services may contain links to third-party websites, social media profiles, or services not owned by Spot LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. We encourage you to review the terms and privacy policies of any third-party services you access.

13. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY 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. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.

SPOT LLC IS NOT RESPONSIBLE FOR ANY HARM THAT MAY RESULT FROM YOUR INTERACTION WITH OTHER USERS, YOUR VISIT TO A VENUE DISCOVERED THROUGH THE APP, YOUR CONSUMPTION OF ALCOHOL, OR ANY EVENTS OCCURRING AT A VENUE LISTED ON THE PLATFORM.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPOT LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Spot LLC and its officers, directors, members, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any rights of a third party.

16. Termination

We may suspend or permanently terminate your access to the Services at any time, with or without cause, and with or without notice, including if we believe you have violated these Terms. You may stop using the Services and delete your account at any time as described in Section 4.

Upon termination, your license to use the Services immediately ceases. Sections that by their nature should survive termination will survive, including Sections 8 (User-Generated Content), 10 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 17 (Governing Law), and 18 (Dispute Resolution).

17. Governing Law

These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes not subject to arbitration.

18. Dispute Resolution & Arbitration

Please read this section carefully — it affects your legal rights.

Except for disputes relating to intellectual property rights or where prohibited by law, you and Spot LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration rather than in court. There is no judge or jury in arbitration, court review is limited, and discovery is more restricted than in litigation.

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or such other rules as mutually agreed. The arbitration shall take place in Florida or via videoconference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: You and Spot LLC agree that all claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Small Claims: Either party may bring qualifying claims in small claims court instead of arbitration.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@spotapp.com within 30 days of first agreeing to these Terms.

19. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 14 days' notice via email or a prominent in-app notice before changes take effect. The updated Terms will be posted at this URL with a revised effective date. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Services and may delete your account.

20. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Spot LLC regarding the Services and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms freely.
• No Third-Party Beneficiaries: Except for Apple as noted in Section 2, these Terms do not create any third-party beneficiary rights.
• Force Majeure: We are not liable for delays or failures in performance resulting from causes beyond our reasonable control.

21. Contact Us

For questions about these Terms, please contact: