Terms of Service

1. Introduction and Acceptance

1.1 Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you and Spotly ("we," "us," or "our") regarding your use of the Spotly platform, website, mobile application, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1.2 Eligibility

You must be at least 18 years old to use our Service. By using our Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

1.3 Business Purpose

Spotly operates as a marketplace platform that connects space owners ("Owners") with content creators ("Creators") for the purpose of booking creative spaces for photography, videography, and other creative projects.

2. Account Registration and Management

2.1 Account Creation

• You must provide accurate, complete, and current information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must choose one of three account types: Creator, Owner, or Admin
• You may authenticate using email/password or third-party OAuth providers (Google, Facebook, Apple)

2.2 Account Security

• You are solely responsible for all activities under your account
• You must immediately notify us of any unauthorized access or security breaches
• We reserve the right to suspend or terminate accounts that violate these Terms
• You may not transfer, sell, or assign your account to another party

2.3 Profile Information

You grant us permission to display your profile information, including name, profile picture, and reviews, to other users of the platform. You may update or delete this information through your account settings.

3. User Roles and Responsibilities

3.1 Creators

Creators may:

• Search and browse available spaces
• Submit booking requests to space owners
• Communicate with owners through our messaging system
• Leave reviews and ratings for booked spaces
• Upload and manage profile information

Creator Responsibilities:

• Provide accurate information in booking requests
• Respect property rules and guidelines
• Handle spaces with care and report any damages
• Complete payments as agreed upon with owners
• Maintain professional conduct during bookings

3.2 Owners

Owners may:

• List properties with descriptions, images, and pricing
• Set availability schedules and booking rules
• Review and approve/reject booking requests
• Communicate with creators through our messaging system
• Manage property information and images

Owner Responsibilities:

• Provide accurate property descriptions and images
• Maintain property in safe and usable condition
• Honor confirmed bookings and availability
• Respond to booking requests in a timely manner
• Comply with local laws and regulations

4. Content and Property Listings

4.1 User-Generated Content

• You retain ownership of content you upload (images, descriptions, reviews)
• You grant us a worldwide, non-exclusive license to use, display, and distribute your content
• You represent that you have the right to upload and share all content
• Content must not violate any laws, third-party rights, or these Terms

4.2 Property Listings

• Listings must accurately represent the property and its amenities
• Images must be current and accurately depict the space
• Pricing must be clearly stated and honored for confirmed bookings
• Property must be legally available for the intended use
• All safety and accessibility information must be disclosed

4.3 Prohibited Content

You may not upload or share content that:

• Is illegal, harmful, threatening, or abusive
• Violates intellectual property rights
• Contains false or misleading information
• Promotes discrimination or harassment
• Contains malware or malicious code
• Violates privacy or publicity rights

5. Booking Process and Terms

5.1 Booking Requests

• Creators submit booking requests with specific dates, times, and project details
• Owners have the right to approve or reject requests at their discretion
• Booking requests may include optional messages and special requirements
• Confirmation creates a binding agreement between Creator and Owner

5.2 Booking Modifications and Cancellations

• Modifications must be agreed upon by both parties
• Cancellation policies are set by individual property owners
• Spotly may facilitate dispute resolution but is not liable for user agreements
• Emergency cancellations may be subject to different terms

5.3 Availability System

• Owners manage availability through our scheduling system
• Real-time availability checks prevent double bookings
• Schedule exceptions may be set for holidays or maintenance
• Availability is subject to owner approval even when shown as available

6. Payments and Financial Terms

6.1 Payment Processing

• Payments are processed between users; Spotly facilitates but does not handle funds directly
• All payment arrangements are between Creators and Owners
• Users are responsible for applicable taxes and fees
• Payment disputes should be resolved directly between parties

6.2 Service Fees

Spotly may charge service fees for platform usage. Any applicable fees will be clearly disclosed before transactions are completed. Fee structures may be updated with appropriate notice to users.

6.3 Refunds and Disputes

• Refund policies are determined by individual property owners
• Spotly may mediate disputes but is not obligated to provide refunds
• Fraud or misrepresentation may result in account suspension
• Disputed charges should be reported within 30 days

7. Communication and Review System

7.1 Messaging System

• All booking-related communication should occur through our platform
• Messages are stored and may be reviewed for safety and dispute resolution
• Users must maintain respectful and professional communication
• Spam, harassment, or inappropriate content is prohibited

7.2 Reviews and Ratings

• Reviews must be based on actual booking experiences
• Reviews should be honest, constructive, and relevant
• False, misleading, or defamatory reviews are prohibited
• Users may respond to reviews but cannot delete them
• Spotly reserves the right to remove inappropriate reviews

8. Platform Rules and Prohibited Activities

8.1 Prohibited Uses

You may not use our Service to:

• Engage in illegal activities or facilitate illegal use of properties
• Circumvent our booking or payment systems
• Create fake accounts or impersonate others
• Spam, solicit, or harass other users
• Violate intellectual property rights
• Interfere with platform security or functionality
• Collect user data without consent
• Use the platform for commercial purposes outside of legitimate bookings

8.2 Safety and Security

• Users must comply with all applicable laws and regulations
• Property safety standards and local building codes must be met
• Users should report safety concerns or violations immediately
• Emergency contact information should be readily available during bookings

8.3 Enforcement

Violations of these Terms may result in warnings, account suspension, permanent bans, or legal action. We reserve the right to investigate violations and take appropriate action at our discretion.

9. Privacy and Data Protection

9.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using our Service, you also agree to our Privacy Policy.

9.2 Data Collection and Use

• We collect information necessary to provide our services
• Location data is used for content personalization and recommendations
• Images uploaded to the platform are stored securely via Cloudinary
• Communication data is retained for safety and dispute resolution

9.3 Third-Party Services

Our Service integrates with third-party providers (Google Maps, OAuth providers, Cloudinary). Your use of these services is subject to their respective terms and privacy policies.

10. Intellectual Property Rights

10.1 Platform Rights

• Spotly owns all rights to the platform, including software, design, and trademarks
• Users receive a limited license to use the platform for its intended purpose
• Reverse engineering, copying, or creating derivative works is prohibited
• The Spotly name, logo, and branding are protected trademarks

10.2 User Content Rights

• Users retain ownership of their uploaded content
• Users grant Spotly a license to display, process, and distribute content as necessary
• Users are responsible for ensuring they have rights to all uploaded content
• Copyright infringement will result in content removal and potential account termination

10.3 DMCA Compliance

We comply with the Digital Millennium Copyright Act. If you believe your copyright has been infringed, please contact us with appropriate documentation at legal@spotly.com.

11. Disclaimers and Limitation of Liability

11.1 Service Disclaimers

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Spotly shall not be liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount paid to us by you in the 12 months preceding the claim
• We are not liable for disputes between users, property damage, or personal injury
• Force majeure events (natural disasters, government actions, etc.) excuse performance

11.3 Indemnification

You agree to defend, indemnify, and hold harmless Spotly and its affiliates from any claims, damages, costs, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

12. Account Termination

12.1 Termination by Users

• You may delete your account at any time through account settings
• Account deletion will remove your profile and listings
• Completed bookings and reviews may remain for platform integrity
• Outstanding obligations survive account termination

12.2 Termination by Spotly

We may suspend or terminate your account for violations of these Terms, illegal activity, safety concerns, or at our discretion. We will provide notice when possible, but immediate termination may be necessary in serious cases.

12.3 Effect of Termination

• Your license to use the Service immediately terminates
• You must cease all use of the platform
• Survival clauses (liability, indemnification, disputes) remain in effect
• Data deletion follows our Privacy Policy retention schedule

13. International Use and Compliance

13.1 Global Platform

Spotly is accessible globally, but users must comply with local laws and regulations in their jurisdiction. Content may be filtered based on user location to ensure relevant listings.

13.2 Regulatory Compliance

• Users must comply with local business licensing requirements
• Tax obligations are the responsibility of individual users
• International bookings may be subject to additional regulations
• Currency conversion and international fees may apply

13.3 Export Controls

Our Service may be subject to export control laws. You agree not to use the Service in countries or regions where prohibited by applicable law.

14. Dispute Resolution

14.1 Internal Resolution

• We encourage users to resolve disputes directly through our messaging system
• Our support team may provide mediation assistance
• Documentation and evidence should be preserved for dispute resolution
• Resolution attempts should be made in good faith

14.2 Arbitration

For disputes that cannot be resolved internally, both parties agree to binding arbitration rather than court proceedings, except for claims involving intellectual property or injunctive relief.

14.3 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles. Any legal proceedings shall take place in the courts of [Your Jurisdiction].

15. Updates and Modifications

15.1 Terms Updates

We may update these Terms from time to time. Material changes will be communicated through:

• Email notification to registered users
• In-app notifications
• Website announcements
• Updated "Last modified" date on this page

15.2 Service Changes

• We may modify, suspend, or discontinue features at any time
• Major changes will be announced with reasonable notice
• Continued use after changes constitutes acceptance
• Users who disagree with changes may terminate their accounts

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spotly regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign these Terms or your account without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.5 Survival

Provisions that by their nature should survive termination (including liability, indemnification, and dispute resolution clauses) will survive termination of these Terms.

17. Contact Information

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