.png)
Effective Date: March 22, 2023
Welcome to Spot, the one-stop mobile application for fitness enthusiasts and athletes to learn, network, progress, entertain, and motivate each other throughout their fitness journey. Spot is owned and operated by SPOT TECHNOLOGIES GROUP LTD ("Spot," "we," "us," or "our").
Please read these Terms and Conditions ("Terms") carefully before using the Spot mobile application ("App") and any services, features, content, or applications offered by Spot (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services.
To use the Services, you must be at least 13 years of age. By accessing or using the Services, you represent and warrant that you are 13 or older and that you have the legal capacity to enter into a binding agreement.
To access and use the Services, you are required to sign up with your AppleID. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. You are responsible for safeguarding your login credentials, and you agree not to disclose them to any third party. You are responsible for any activities or actions under your account, whether or not you have authorized such activities or actions.
3.1 User Content
The Services allow you to post, submit, or display various types of content, including but not limited to text, photos, videos, and other materials ("User Content"). By submitting User Content, you grant Spot a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with the Services. This license ends when you delete your User Content or your account, except for User Content that has been shared with others and they have not deleted it.
You represent and warrant that you own or have the necessary rights and permissions to post, submit, or display the User Content and that it does not infringe any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
3.2 Prohibited Content
You agree not to post any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially, ethnically, or otherwise objectionable.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to engage in any conduct that is harmful, harassing, or otherwise objectionable. You also agree not to interfere with or disrupt the operation of the Services or the servers or networks connected to the Services.
The Services include an in-app currency called "plates" that can be earned through certain actions, such as logging a workout, posting, or adding friends. Plates can be used to purchase outfits and customizations for your Rufus avatar within the App. Plates have no real-world value, and you cannot redeem them for cash or any other form of real currency. Spot reserves the right to modify or discontinue the plates system at any time without notice or liability.
All content, including but not limited to text, graphics, logos, images, and software, provided on the Services is the property of Spot or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, transmit, display, or create derivative works from any content available on the Services without the prior written consent of Spot or the respective content owner.
Wherever the option to share content externally (via another application) is available, prior written consent is not required.
The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by Spot. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Spot shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Spot may terminate or suspend your access to the Services at any time, without prior notice or liability, for any reason or no reason, including but not limited to a breach of these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Services are provided on an "as is" and "as available" basis. Spot disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Spot makes no warranty that the Services will be uninterrupted, secure, or error-free, that the information provided through the Services is accurate or reliable, or that any defects or errors will be corrected.
To the maximum extent permitted by applicable law, Spot 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 Services.
You agree to defend, indemnify, and hold harmless Spot and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
Spot reserves the right to modify these Terms at any time, in its sole discretion. If we make any changes to these Terms, we will post the revised Terms on the Services and update the "Effective Date" at the top of these Terms. Your continued use of the Services after the effective date of such changes constitutes your acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of England and Wales for any disputes arising out of or relating to these Terms or the Services.
If you have any questions or concerns regarding these Terms or the Services, please contact us at the email or physical address provided on the App or our website.
By using the Spot App or Services, you agree to be bound by these Terms and Conditions.