Welcome to Spot!
Your use of Spot is subject to these Terms of Service (these "Terms"). Thank you for reviewing these Terms – we hope you enjoy using Spot.
You agree that by clicking “Join Now”, “Join Spot”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to Spot’s full terms and conditions which means you enter into a legally binding contract with Spot; that includes using our Services on behalf of a company.
If you have any questions about or if you wish to send us any notices in relation to these Terms, please contact us by going to “Me” -> “Settings” -> “Help & Feedback” from the Spot application or by visiting www.spot-app.co
Please take time to read our Terms and Conditions thoroughly before using Spot website or Application.
We may make changes to these Terms and conditions over time such as changes that reflect technical improvements and changes to Spot (for example, to address a security threat) or applicable laws and regulations (for example, to reflect applicable consumer rights), so please read and review these Terms and conditions regularly.
Where we consider that such changes are reasonably material, we will (where reasonably practicable) notify you (via http://www.spot-app.co, direct communication to you, on this page or other means), prior to such changes becoming effective. By continuing to use Spot after we make any changes to these Terms, you are agreeing to be bound by the revised Terms.
As Spot and user experiences are constantly evolving, we may from time to time:
add, change or remove features or services from Spot (including in relation to whether a feature or service is free of charge or not); and/or
suspend, discontinue or terminate Spot altogether.
You agree that we may take such actions at any time. Where we consider that any changes to Spot or any services or features accessible within Spot are reasonably material, we will (where reasonably practicable) notify you (via http://www.spot-app.co, direct communication to you, on this page or other means), prior to such changes becoming effective.
You need to create an account with us in order to access and use Spot. Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within Spot remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (a) safeguarding your account details, including any passwords used to access your account and Spot, and (b) all use of Spot under your account, including any purchases made and/or payment obligations arising under your account. You must promptly notify us by going to "More" --> "Support" from within the Spot app or by visiting http://www.spot-app.co, if you know or suspect that your password or account has been compromised. We will regard all use of your account on Spot as being by you, except where we have received a valid and –properly received notification to us regarding your account or password being compromised.
We may allow you to register for/and login to Spot using sign-on functionalities provided by third party platforms, such as Facebook or Google. You agree to comply with the relevant third party platform's terms and conditions applicable to your use of such functionalities (in addition to these Terms).
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your Account ("Account"), the posting of your Service ("Service"), the posting of other Services ("Other Services"), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User ("Reviews") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
contains falsehoods or misrepresentations that could damage Spot or any third party;
is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Spot all of the license rights granted herein;
contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property rights, or any other proprietary right;
is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited to spamming; impersonates, uses the identity of, or attempts to impersonate a Spot employee, agent, manager, host, another user, or any other person through any means;
advertises or solicits a business not related to or appropriate for the Website (as determined by Spot in its sole discretion);
contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
distributes or contains viruses or any other technologies that may harm Spot, or the interests or property of Spot users
contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Spot
You will not send messages to other users containing:
offers to make national or international money transfers for amounts exceeding or decreasing the asking price of a service, with intent to request a refund of any portion of the payment; or
unsolicited advertising or marketing of a service not offered on the Website or an external website.
While using the Website, you shall not:
post content or items in any inappropriate category or areas on the Website;
fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional's identity;
fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other users' Postings;
circumvent or manipulate our fee structure, the billing process, or fees owed to Spot; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website).
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Reviews for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.
1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Spot, in its sole discretion, may take any of the following actions: (i) cancel or remove your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.
2. Reporting Inappropriate Use of Feedback. You may contact Spot regarding any inappropriate use of Feedback via "More" --> "Support" from within the Spot app or by visiting http://www.spot-app.co.
3. Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, Spot shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, SPOT HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Spot reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Spot determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. Spot reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Spot deems appropriate in Spot's sole discretion. Spot may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Spot's discretion, Spot will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. Spot does not and cannot review every Posting posted to the Website/App. These prohibitions do not require Spot to monitor, police or remove any Postings or other information submitted by you or any other user.
You understand that use of the Services may result in charges to you for the services or goods you request . Spot will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by the local law.
All Charges and payments will be enabled by Spot using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Spot may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Spot.
You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee based on the Spot’s cancellation policies. After you have received services or goods obtained through Spot , you will have the opportunity to rate your experience and leave additional feedback. Spot may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
You may, from time to time, make payments to us or third parties as part of your use of Spot (including for the provision of Spot or provision of certain additional features within Spot). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments. and that pricing and availability of Items and products are subject to change at any time.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. You understand and agree that you are solely responsible for VAT requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. Further, you understand that Spot shall not be responsible or liable in any manner in relation to tax liability of a Service User or a Service Professional.
We, at Spot App, strive to provide excellent customer service and keep our customers’ satisfaction at its best; for both End Users and Service Providers. If you are reading the policy, it means you have come to a disagreement with your service provider. Spot App, as a third-party, enforces the obligations owed to, and the benefits conferred within its terms and conditions. Please read the Refund Policy thoroughly and feel free to contact us should you require any clarifications.
As per our Terms and Conditions Spot App agrees not to pay Service providers for services until after the completion of the project. Spot App agrees to refund the advance amount you paid against the service under the following conditions:
The End User acknowledges that services have not been completed as agreed or
If you, as End User, and Service provider reasonably dispute the quality or completion of the services provided by such Service provider, and the Conflict Resolution Service indicated that you are the rightful recipient of such funds.
If you, as an End User, informed a Service provider of your wish to request a refund and he didn’t respond to you within 3 working days, then we may release the funds back to you; without the need to go back to the Service provider.
If either Service Provider or End User reported a conflict, then both agree that Spot App shall have no payment obligations to any party related to the relevant fees until such conflict is resolved in accordance with Section 7 of ‘Spot App’ Terms and Conditions.
Spot Apps’ obligation to make any payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
Spot App shall keep both Service providers and End users informed as to the status of the Assumed Payment Liability. Please note that multiple refunds attributed to a user will lead to temporary and/or permanent restrictions on their account depending on what we deem appropriate and necessary. And finally, please note that once a project is completed, delivered and confirmed “Job Done”, no refunds of Service fees, already paid, will be given. But before you decide to “Report a Conflict” and request a refund, please consider the following:
Report a conflict ONLY if the Service Provider failed to deliver the desired job after AT LEAST TWO REVISIONS.
Try to come to a resolution with the Service before approaching us.
Have all your communications with the Service documented as this will help us in resolving the conflict.
Try to keep your communication with the Service on Spot Apps’ messaging platform.
Since Spot App offers several services, the cancelation policy will depend on the type of the service and the cancelation request time.
Each Registered User hereby acknowledges and agrees that Spot is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that Spot only seeks to provide a platform wherein the Service User and Service Professional can be brought together and Spot itself has no role in the execution or provision of Services.
IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE SPOT (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.