1. Acceptance of Terms
By accessing or using SpotoSpot ("the Service"), you agree to be bound by these Terms of Use. If you do not agree, please do not use the Service.
2. Description of Service
SpotoSpot is a collaborative trip-planning platform that allows users to create itineraries, view interactive maps, share travel plans, and discover public trips posted by the community. "The Service" means all of it: the website at spotospot.com and the SpotoSpot mobile app, which share one account and one set of these Terms.
The mobile app can also record a day as you travel it, which section 3 covers. Some features exist on one client and not the other, because a phone and a browser are not capable of the same things, and we may add, change or withdraw any feature on either.
The Service is currently free of charge, with every feature included. If we ever introduce paid features, we will update these Terms with billing, renewal, and cancellation terms and ask for your acceptance before you are charged anything.
3. Live Days, Location & Fitness Figures
Parts of the Service record a day as you travel it. Starting a live day is always your choice, each one needs the permissions your device asks you for, and you can end a day or withdraw a permission at any time. What is collected, where it is stored, and who can see it is set out in our Privacy Policy, sections 5 and 6.
Everything the Service measures is an estimate.Routes, distances, travel times, arrival estimates, elevation, daylight, weather and opening hours are produced from third-party data and from your device's own sensors, all of which can be wrong, stale, or unavailable. Check anything that matters against a reliable source before you rely on it. The Service is not a navigation system, an emergency service, or a substitute for your own judgement about whether a route or a place is safe, open, lawful, or passable.
The step, stairs and on-foot figures are not a health measurement.They come from a consumer motion sensor and are offered as a souvenir of a trip. They are not medical, diagnostic or fitness advice, they are not accurate enough to make a decision about your health on, and you should not use them for one. If you have a question about your health, ask a qualified professional.
Mind what is in front of you. Do not use the Service while driving or doing anything else that needs your attention, and follow the law and the posted rules wherever you are. You are responsible for your own safety and for the choices you make on a trip.
4. User Accounts and Eligibility
You must be at least 18 years old to create a SpotoSpot account or use the Service. By creating an account you represent that you meet this requirement. We do not knowingly permit anyone under 18 to hold an account, and we will close accounts we learn belong to someone under 18.
You may need to create an account to access certain features. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
5. User Content
You retain ownership of content you create on SpotoSpot (trips, notes, images). By posting content publicly, you grant SpotoSpot a non-exclusive, royalty-free license to display that content on the platform. You must not post content that is unlawful, harmful, or infringes on any third party's rights.
We have no tolerance for objectionable content or abusive users. Content that is hateful, harassing, threatening, sexually explicit, or otherwise objectionable will be removed, and accounts that post it or that abuse other users will be suspended or terminated. You can report content or users from within the app, using the report options on any plan, place, or profile (in the mobile app you can also long-press a chat message to report it), and you can block any user from their profile. We review reports and act on objectionable content within 24 hours of a report, including removing the content and ejecting the user who provided it where warranted.
6. Acceptable Use
You agree not to:
- Use the Service for any illegal or unauthorised purpose.
- Post objectionable content, or harass, abuse, or threaten another person.
- Attempt to interfere with or disrupt the Service's infrastructure.
- Scrape, crawl, or harvest data from the Service without permission.
- Impersonate another person or entity.
Our Community Guidelines spell out these standards in full and are part of these Terms.
7. Intellectual Property
All branding, design, and software code of SpotoSpot are the property of SpotoSpot and protected by applicable intellectual-property laws.
Some of what the Service displays is third-party content that is not ours: map data from OpenStreetMap contributors and other providers, place details, photography, weather data, and open-source software. That content remains the property of its respective owners and is used under their licences. Each is identified, with the licence it is used under, on our data sources and open-source licences pages.
8. Copyright & DMCA
We respect intellectual-property rights and expect the same of our users. If you believe content on SpotoSpot infringes your copyright, send a notice to copyright@spotospot.com including: (a) identification of the copyrighted work; (b) the URL or location of the infringing material; (c) your name, address, and email; (d) a statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act for them; and (f) your physical or electronic signature.
We will remove or disable access to material identified in a valid notice, notify the user who posted it, and terminate the accounts of repeat infringers. If your content was removed and you believe that was a mistake, you may send a counter-notice to the same address with the material identified, your contact details, a statement under penalty of perjury of your good-faith belief the removal was mistaken, and your consent to the jurisdiction described in section 10.
9. Indemnification
You agree to indemnify and hold harmless SpotoSpot from claims, damages, and expenses (including reasonable legal fees) arising from content you post, your use of the Service in violation of these Terms, or your violation of any law or third-party right.
10. Governing Law & Disputes
These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. Before filing a claim, you agree to try to resolve the dispute informally by contacting us. Most concerns can be settled that way. Any dispute that cannot be resolved informally shall be brought exclusively in the state or federal courts located in San Francisco County, California, and you consent to their jurisdiction. Nothing in this section prevents either party from seeking relief in small-claims court or limits rights you hold as a consumer under the mandatory laws of your country of residence.
11. General
If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. These Terms, together with the Privacy Policy and Community Guidelines, are the entire agreement between you and SpotoSpot regarding the Service.
12. Disclaimer of Warranties
The Service is provided "as is" and "as available." SpotoSpot makes no warranties, express or implied, regarding the reliability, accuracy, or availability of the Service. This applies in particular to everything section 3 describes as an estimate, and to the third-party place, map, weather and routing data the Service displays.
13. Limitation of Liability
To the fullest extent permitted by law, SpotoSpot shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Service.
14. Termination
We may suspend or terminate your access at any time if you violate these Terms. You may delete your account at any time via the Settings page.
15. Changes to Terms
We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance of the revised Terms.
16. If You Installed the App from Apple or Google
These Terms are between you and SpotoSpot alone. Apple and Google are not parties to them and have no obligation to support or maintain the app. If the app fails to conform to any warranty that cannot be disclaimed, you may ask Apple for a refund of the purchase price, which is nothing, and that is the whole of Apple's liability to you for the app. Any other claim about the app, including a product-liability, regulatory, or intellectual-property claim, is ours to answer rather than theirs.
You confirm you are not located in a country subject to a United States embargo or listed by the United States government as a prohibited or restricted party, and that you will use the app in line with the store's own terms of service. Apple and Google may enforce the terms of this section against you as third-party beneficiaries of it.
17. Contact
Questions about these Terms? Email us at hello@spotospot.com.