Terms of Service · spotstr

1. Agreement and parties

These Terms of Service and User Agreement (“Terms”) are a legally binding agreement between you (“User”, “you”) and Stepan Ikonnikov, doing business as spotstr (“spotstr”, “Company”, “we”, “us”). References to the “Founders” mean the founders of spotstr.

By accessing, downloading, registering for, browsing or using the spotstr app, website, software, platform or related services (the “Platform”), you confirm that you have read, understood and agree to be bound by these Terms, the Privacy Policy, the Copyright & Intellectual Property Notice and, if you are a Professional, the Professional Subscription Agreement.

If you do not agree to these Terms, you must not use spotstr.

2. Nature of the spotstr platform

spotstr is a technology marketplace that connects people seeking services with independent professionals, businesses and other service providers who may be available within a selected geographic area.

spotstr may help users discover providers including, without limitation, tattoo artists, barbers, hairstylists, cosmetologists, nail technicians, makeup artists, massage therapists, piercing professionals, tattoo-removal providers, medical or cosmetic providers, dentists, attorneys, consultants and other professionals, including professions that users add themselves.

spotstr is not the provider of the services shown on the Platform unless it expressly says otherwise. spotstr does not employ, supervise, direct, control, manage or act as an agent for independent service providers.

A profile on spotstr is not an endorsement, certification, recommendation, employment relationship, partnership, joint venture or agency relationship between spotstr (or the Founders) and that provider.

3. Independent service providers

All professionals and businesses offering services through spotstr are independent third parties. Unless spotstr explicitly states otherwise:

providers are responsible for their own work;
providers set their own prices;
providers decide whether to accept or reject customers;
providers are responsible for holding every legally required license, registration, certification, permit, insurance policy and professional credential;
providers are responsible for complying with all applicable health, safety, sanitation, tax, employment, professional and consumer-protection laws.

spotstr and the Founders are not responsible for the conduct, negligence, malpractice, misconduct, acts, omissions, statements, representations, qualifications, services or products of any provider.

4. No responsibility for users, their goods, services or conduct

Clients and Professionals are independent users. They are not our employees, agents, contractors or partners.

To the fullest extent permitted by law, spotstr, Stepan Ikonnikov and the Founders bear no legal liability for any individual or business who signs up for the spotstr platform or registers in the spotstr app, including for:

the quality, safety, legality, suitability or outcome of any goods or services they offer or provide;
their actions, omissions, words, statements or conduct, whether in the app, in messages, or in person while providing services to their clients;
any injury, loss, damage, dispute, cost or claim arising from a booking, an appointment, or any other dealings between users.

Any agreement for goods or services is made only between the Client and the Professional. Disputes must be resolved between the users concerned.

5. No guarantee of professional qualifications

spotstr may allow users or providers to submit licenses, certifications, identification documents, business information or other credentials.

Unless spotstr expressly states that a specific credential has been independently verified, spotstr makes no representation or warranty that such information is accurate, current, authentic, complete or legally sufficient. Badges such as “Verified” or “Presence verified” only confirm the specific check described in the app.

You are responsible for your own due diligence before hiring any professional. Where a service requires a government-issued or professional license, you should confirm the provider’s licensing status with the relevant licensing authority.

5A. Identity verification, license checks and badges — including errors

spotstr may offer checks such as email confirmation, phone confirmation, identity verification (for example a photo of a government ID and a selfie) and license review, and may show badges such as “Email ✓”, “ID verified ✓”, “Verified” or “Licensed ✓”. Some checks are carried out automatically by third-party providers such as Stripe, using their own systems; some are reviewed by spotstr staff.

A badge only means that, at the time of the check, the specific information submitted passed that specific check. It is not an endorsement, recommendation, guarantee or warranty of any person, and it does not mean that spotstr has confirmed who a person really is, their age, their character, their skills, their licensing status today, or that they are safe to meet.

spotstr does not perform criminal-record, background, sex-offender-registry, credit, health or reference checks on users, unless the App expressly says that a specific check of that kind was completed.

Verification can be wrong. Documents can be forged, altered, stolen or borrowed; automated and human reviews can make mistakes; third-party providers can fail, be unavailable or return incorrect results; information can become out of date (for example a license that later expires, is suspended or is revoked); and a person who passed a check can still act dishonestly, unlawfully or dangerously. A check may also wrongly reject, delay or fail to complete for a genuine person.

To the fullest extent permitted by law, spotstr, Stepan Ikonnikov and the Founders are not responsible or liable for any error, inaccuracy, omission, delay, failure or interruption in any verification, check, review or badge, whether it is carried out by spotstr, by its staff, by an automated system or by a third-party provider — including approving someone who should not have been approved, rejecting or delaying someone who should have been approved, showing a badge that is out of date, or failing to detect false, forged or stolen information — or for any loss, injury, damage or claim arising from anyone’s reliance on a check or badge, or on its absence.

spotstr has no duty to verify any user, to repeat a check, to monitor whether information stays accurate, or to remove a badge at any particular time. spotstr may refuse, withdraw or change any badge or check at its discretion.

If you believe a check about you is wrong, your only remedy is to contact support@spotstr.com or to submit the check again; spotstr will review it in good faith but cannot guarantee the result. Checks carried out by a third-party provider are also subject to that provider’s own terms and privacy policy.

Providing false, forged, altered or someone else’s documents or information, or trying to deceive a check, is a serious breach of these Terms and may be unlawful. It may lead to permanent removal from spotstr, and you agree to indemnify spotstr, the Company and the Founders for any resulting claims and losses.

Always use your own judgment and take your own precautions, whether or not the other person has a badge.

6. Medical, legal and professional services disclaimer

Some providers on spotstr may offer medical, dental, cosmetic, legal, financial or other regulated professional services.

spotstr does not provide medical, legal, financial, dental, psychological or other professional advice. Information on the Platform is for informational and marketplace purposes only.

Nothing on spotstr creates a doctor-patient, attorney-client, fiduciary, therapist-client or other professional relationship between spotstr (or the Founders) and any user. Any professional relationship exists only between you and the independent provider you choose.

spotstr and the Founders are not responsible for professional malpractice or professional decisions made by providers.

7. User assumption of risk

Obtaining services from independent providers may involve risks, including physical injury, infection, allergic reaction, scarring, dissatisfaction with results, property damage, financial loss, emotional distress, professional negligence, transportation risk and other foreseeable or unforeseeable consequences.

You voluntarily assume all risks of interacting with, visiting, hiring, communicating with, paying or receiving services from another user or service provider through spotstr.

Nothing in this section waives liability that cannot legally be waived under applicable law.

8. Meetings between users

spotstr may connect people who do not already know each other. You are solely responsible for using good judgment and taking personal-safety precautions when meeting another user.

spotstr does not guarantee the identity, intentions, conduct, criminal history, trustworthiness, safety or suitability of any person using the Platform. You interact with other users at your own risk.

8A. Safety and emergencies

Before meeting someone: check their profile and reviews, meet at a public place or a registered business where possible, tell someone you trust where you are going, and leave if you feel unsafe. Before any treatment (for example tattooing, piercing, cosmetic or massage services), ask about hygiene, licensing, aftercare and allergies, and seek medical advice if you have a health condition.

spotstr is not an emergency service and does not monitor meetings, appointments or messages in real time. In an emergency, contact your local emergency number (for example 911 in the United States) and the police. You can report a user in the App, but a report is not a substitute for contacting the authorities.

Safety tips, guidelines and features provided by spotstr are for information only and do not create any duty of care, guarantee or responsibility on the part of spotstr, the Company or the Founders.

9. Location information

spotstr uses location information to show nearby professionals, availability, distances, travel radiuses and related information.

Location information may be inaccurate because of GPS errors, device settings, network limitations, delayed updates, incorrect provider information or other technical reasons.

spotstr does not guarantee that any provider shown on the map is physically present at the location displayed, or that any provider marked “Available”, “Available Now” or similar is actually available when you contact them.

10. Live availability, SpotSignal and booking features

Real-time availability on spotstr, including Available Now, Availability Pulse, Cancellation Drops, live offers, live cards, SpotSignal matches and offers, Instant Booking and the live waitlist, is informational only and may change without notice.

A provider may become unavailable, fail to respond, accept another customer, cancel, change their prices, relocate, close, or decline the requested service.

spotstr does not guarantee that a displayed opening, appointment, match, offer, price, promotion, estimated distance, response time or service opportunity will remain available.

11. Worldwide availability

spotstr is offered to users in every country and territory where its use is lawful. You are responsible for complying with the laws that apply to you, including licensing, permit, registration and tax rules for the services you offer or book. We may restrict or adapt features in a country where law, sanctions or export rules require it.

Prices for spotstr’s own fees are set in US dollars unless shown otherwise. Your bank or app store may convert the charge into your local currency and may add fees or taxes.

12. Eligibility and accounts

You must be at least 18 years old, and legally able to form a binding contract, to create an account or use spotstr as a Client or a Professional. By creating an account you confirm that you are 18 or older. spotstr may ask for proof of age and may close accounts of people under 18.

When you register, you choose a Client account or a Professional account. You may switch account type in your settings. Keep your login details secure; you are responsible for activity on your account. Tell us promptly at support@spotstr.com if you believe your account has been used without permission.

13. User-generated content

Users may post photographs, videos, portfolios, reviews, prices, descriptions, messages, promotions, availability information and other content.

You keep ownership of your content, but grant spotstr a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, display, reproduce, distribute, resize, adapt and otherwise use it to operate, promote and improve spotstr.

You confirm you have all rights and permissions needed for the content you upload. You may not upload material that:

violates intellectual-property rights;
infringes privacy or publicity rights;
contains nudity, pornography or sexually explicit material of any kind;
is fraudulent or misleading;
is unlawful;
contains malware;
impersonates another person;
promotes illegal activity;
or otherwise violates these Terms.

spotstr may remove content at its discretion.

Community questions and replies. Questions you post in Ask, and replies, recommendations and likes, are public to everyone using spotstr, shown with your first name and last initial. Recommendations must be honest and based on your own experience: fake recommendations, paid or undisclosed self-promotion, spam, insults and personal information about others are not allowed and may be removed, and the account restricted or banned. Professionals who reply are labelled as professionals.

No nudity or sexual content. spotstr is a platform for professional services only. Nudity, pornography and sexually explicit material are not allowed anywhere on spotstr, including in profile photos, portfolios, reference images, live cards, reviews and messages. Content that breaks this rule is removed, and the account that posted it may be restricted or permanently banned without notice. Content involving a minor is reported to the authorities.

13A. Moderation, automatic filters and the role of spotstr

spotstr is a platform that hosts content created by its users. spotstr is not the author, publisher or speaker of user content, and does not adopt or endorse it. Under applicable law (including, in the United States, 47 U.S.C. § 230), spotstr is not responsible for content created by users.

spotstr may use automatic tools, such as a filter that hides offensive words, and human review to reduce harmful content. These tools are imperfect: they can miss harmful content, wrongly hide or change acceptable content, or be bypassed. spotstr has no obligation to pre-screen, monitor, edit or remove content, and any decision to moderate (or not) does not make spotstr responsible for content or create any duty to keep moderating.

To the fullest extent permitted by law, spotstr, Stepan Ikonnikov and the Founders are not liable for any content posted by users, for the failure or errors of any filter or moderation tool, or for any decision to remove, keep, restrict or restore content or accounts.

13B. Each user is responsible for their own content, words and actions

Every User — Client or Professional — is solely and personally responsible for everything they post, write, say, send, offer or do on or through spotstr, and for the goods and services they provide, request or receive. This includes profiles, photos, videos, portfolios, prices, deals, live cards, reviews, community posts and answers, messages and requests, and everything a User says or does in person.

Each User answers for their own words, statements, opinions, claims, errors, omissions, actions and conduct, and for the work they do. spotstr, the Company and the Founders do not create, write, check in advance, verify, approve, endorse or guarantee any of it, and are not responsible or liable for it.

Any claim, complaint or dispute about what a User posted, said or did, or about the work or services a User provided, must be brought against that User, not against spotstr, the Company or the Founders. If anyone brings such a claim against spotstr, the Company or the Founders because of your content, words, actions or services, you will defend and compensate them as set out in Section 26 (Indemnification).

13C. Copyright complaints (notice and takedown)

If you believe content on spotstr infringes your copyright, send a written notice to support@spotstr.com with: your physical or electronic signature; identification of the copyrighted work; identification of the material you say is infringing and where it appears in the App; your contact details; a statement that you have a good-faith belief the use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner (17 U.S.C. § 512).

spotstr may remove or disable the material and notify the User who posted it. That User may send a counter-notice with the information required by law. spotstr terminates, in appropriate circumstances, the accounts of Users who repeatedly infringe.

Anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and attorneys’ fees.

14. User reviews

Reviews are the opinions of individual users, not of spotstr or the Founders. spotstr does not guarantee the accuracy or fairness of reviews.

spotstr may remove reviews that violate its policies but is not required to investigate every statement in a review.

15. Prohibited activities

You may not use spotstr to:

violate any law;
commit fraud;
threaten or harass another person;
discriminate unlawfully;
impersonate another person;
conduct illegal transactions;
offer, request or advertise sexual services, escorting or adult entertainment, or share nudity, pornography or sexually explicit material in photos, videos, profiles, portfolios, reviews or messages;
offer services without legally required licensing;
post false availability, fake reviews or fake accounts;
interfere with the operation of the Platform;
scrape or collect data without authorization;
reverse engineer, copy or clone the Platform, as described in section 16;
distribute malicious software;
circumvent payment systems where prohibited;
or abuse platform features.

spotstr may suspend or terminate accounts suspected of violating these requirements.

15A. Hacking, security breaches and attacks

These Terms apply to the spotstr app, the spotstr website and every server, database, interface (API) and system behind them (together, the “Systems”).

You must not, and must not help or allow anyone else to: access or try to access any part of the Systems, any account or any data without authorization; probe, scan or test their vulnerability; bypass, disable or interfere with any security, verification, payment, moderation or usage-limit feature; use stolen or shared sign-in details; intercept or tamper with data; upload or spread viruses or other harmful code; overload, flood or attack the Systems (including denial-of-service attacks); impersonate spotstr, its staff or another person; or modify, crack or redistribute the app.

Any such act is a material breach of these Terms and may also be a crime, including under the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030), state computer-crime laws and the laws of other countries. spotstr may immediately block the people, devices and networks involved, keep logs and other evidence, report them to law enforcement and cooperate with investigations, and bring civil and criminal action against them.

Anyone who breaches or attacks the Systems is responsible for all resulting damages, losses, investigation, repair and notification costs, and reasonable attorneys’ fees, and these claims are not limited by the arbitration section or the limitation of liability in these Terms.

If you find a security problem in good faith, report it privately to support@spotstr.com and do not access, change or share anyone’s data; spotstr will not take action against good-faith reports made this way.

16. Intellectual property and prohibition on copying

The spotstr name, logo, interface, software, source and object code, design, screens, user flows, trademarks, graphics, algorithms, databases and other proprietary materials are owned by Stepan Ikonnikov and its licensors. They are protected by copyright, trademark, trade-secret, unfair-competition and other laws worldwide, including the Berne Convention, the WIPO Copyright Treaty and the TRIPS Agreement.

You receive a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purpose. No ownership rights are transferred to you. Without written permission you must not copy, reproduce, republish, distribute, sell, decompile, disassemble, reverse engineer, modify, create derivative works from, or publish an app or service that copies or substantially imitates the Platform, its code, design, screens, content, name or trade dress.

Unauthorised copying or use will be enforced, including through takedown requests, civil claims for injunctions, damages, profits and legal costs and, where the law of the relevant country provides, criminal complaints.

This protection covers the Platform as a whole and each of its original features, concepts, names and ways of working, including (without limitation) SpotSignal, SpotBoost, SpotProof, live availability and “free now” status, last-minute openings and cancellation spots, Find Deals and deal boosts, the community recommendations, the client and professional profiles, the radar and map views, and their names, texts, screens, layouts, flows, combinations and selection and arrangement. Their names and logos are trademarks of Stepan Ikonnikov.

You must not, directly or through anyone else: use the Platform, or any information obtained from it, to design, build, train, market or improve a competing product or service; copy or imitate its features, screens, flows or names; scrape, crawl, harvest or extract its content or data by bots or other automated means; or access it to study it for a competitor. Doing so is a breach of these Terms as well as of the laws protecting intellectual property, trade secrets and fair competition.

Ideas, suggestions, feedback and feature requests you send to spotstr may be used by spotstr freely, without payment or credit to you, and all rights in what spotstr builds from them belong to Stepan Ikonnikov. Information about unreleased features, business plans or how the Platform works that is not public is confidential and may not be shared.

You agree that copying or misusing the Platform causes irreparable harm that money alone cannot fix, so Stepan Ikonnikov may seek an immediate court order (injunction) to stop it, without having to post a bond where the law allows, in addition to damages, the profits made from the copying, and reimbursement of reasonable attorneys’ fees and costs. These claims may be brought in court and are not limited by the arbitration section or the limitation of liability in these Terms.

16A. spotstr’s right to enforce

Stepan Ikonnikov, doing business as spotstr, reserves every right and remedy available under the law, and may bring claims, in court or before the authorities, against anyone who, among other things:

copies or imitates the app, the website, their code, screens, design, texts, features or flows (copyright infringement, breach of these Terms and unfair competition);
uses the spotstr name, logo or a confusingly similar name, logo, domain or account (trademark infringement, false designation of origin and unfair competition);
uses the Platform, or information from it, to build or improve a competing product, or obtains, uses or shares non-public information about how spotstr works (breach of these Terms and misappropriation of trade secrets);
hacks, breaks into, attacks, overloads or tampers with the app, the website or the Systems, or accesses them or any data without authorization (computer fraud and abuse under 18 U.S.C. § 1030 and similar laws, trespass and breach of these Terms);
scrapes, crawls or extracts content or data by bots or other automated means (breach of these Terms and, where applicable, computer fraud and abuse);
impersonates spotstr, its staff, the Company or the Founders, or falsely claims an endorsement, partnership or official status (false endorsement, impersonation, fraud and breach of these Terms);
publishes false statements of fact that damage the reputation of spotstr, the Company or the Founders (defamation and trade libel);
commits fraud against spotstr or its users, including fake accounts, fake reviews, payment fraud and chargebacks for purchases that were received (fraud and breach of these Terms);
causes spotstr, the Company or the Founders to face a claim, fine or loss through their content, words, actions or services (indemnification under Section 26).

Remedies may include court orders to stop the conduct (injunctions), damages, the profits made by the wrongdoer, statutory damages where available, the transfer or shutdown of infringing apps, websites, domains and accounts, takedown requests to app stores, hosting providers and search engines, reimbursement of investigation costs and reasonable attorneys’ fees, and criminal complaints where the law provides.

All rights and remedies are cumulative: using one does not give up any other. spotstr may first send a written demand to stop (cease-and-desist), but is not required to. spotstr may keep and use logs, records, reports and other evidence to protect its rights. Claims under this section are not limited by the arbitration section or the limitation of liability in these Terms.

17. Subscriptions and SpotBoost

The Professional subscription costs US$4.99 per month and renews automatically until you cancel. Cancellation takes effect at the end of the current billing period.

SpotBoost is bought for 1 to 12 hours, from US$2.99 for 1 hour to US$9.99 for 12 hours (each extra hour costs less), and the total is shown before you pay; extra hours bought during an active boost are added to its end. Boosted profiles are labelled “Boosted · Sponsored” and boosted deals “Sponsored”. We do not guarantee any number of views, contacts or bookings.

Except where the law of your country requires otherwise, fees are non-refundable, and boosts start immediately when purchased. If you have a statutory right of withdrawal (for example in the EU or UK), you keep it as the law provides.

17A. Deals (Find Deals)

Professionals can post deals: offers for their own services with photos or videos, a price or discount, an end date and sometimes a limited number of spots. A deal is an offer made only by the Professional who posts it. spotstr does not set, check, guarantee or honour deals, and is not a party to any agreement made through one.

Professionals must use their real, normal price as the reference for any discount, describe the deal accurately, and honour bookings made through a deal while it is active, subject to their reasonable availability. Fake or inflated “was” prices are prohibited and may be unlawful.

Deals are shown to Clients in an order chosen by spotstr, which may take into account professionals a Client has saved, categories a Client views or books, distance, how recently a deal was posted and when it ends. Boosted deals are paid placements, are always labelled “Sponsored”, and their results are not guaranteed.

Photos and videos in deals may be checked by automated scanning tools and by spotstr staff. These checks can make mistakes in either direction (see sections 5A and 13A). spotstr may refuse, hold for review, edit the visibility of, end or remove any deal at its discretion.

To the fullest extent permitted by law, spotstr, Stepan Ikonnikov and the Founders are not liable for any deal, including its accuracy, price, availability, number of spots, quality, the Professional’s failure to honour it, or any loss arising from it. Any dispute about a deal is between the Client and the Professional.

18. Payments and transactions

Where spotstr facilitates payments, it may use third-party payment processors or app stores. You authorize them to process transaction information under their own terms and privacy policies.

spotstr is not responsible for the security, availability or performance of independent payment processors except to the extent required by law.

Fees charged by spotstr may include subscription, SpotBoost, deal boost, booking, service, processing, cancellation or other disclosed charges. Applicable fees are disclosed before payment where legally required.

Unless spotstr expressly states otherwise, payment for a provider’s services is made directly between the Client and the Professional, and spotstr does not handle, hold or guarantee it.

Booking deposits. A Professional may require a deposit to book them. The deposit amount is set by the Professional and shown before you book. Deposits are paid by card through Stripe, spotstr’s payment processor, directly to the Professional’s Stripe account. For an appointment request, the deposit is authorized (held) on your card and is charged only if the Professional accepts; if the Professional declines or does not respond, the hold is released and you are not charged. For an instant booking, the deposit is charged when you book. If a Professional declines after a deposit was charged, it is refunded. Once a booking is accepted, a deposit is non-refundable if you cancel or do not show up, unless the Professional agrees otherwise or the law requires a refund. The rest of the price is paid to the Professional directly. Disputes about the service itself are between you and the Professional.

19. Cancellations, refunds and disputes between users

Providers may set their own cancellation and refund policies, subject to applicable law and spotstr policies.

Unless spotstr expressly assumes responsibility for a refund, disputes about the quality, completion, pricing, outcome or performance of a service are disputes between the customer and the independent provider.

spotstr may help with dispute resolution but is not obliged to decide disputes between users.

20. Provider insurance

spotstr may require certain providers to hold appropriate commercial, professional, general-liability, malpractice, workers’ compensation, cyber or other insurance.

Providers alone are responsible for deciding what insurance is legally required or commercially appropriate for their services. spotstr’s failure to confirm a provider’s insurance does not make spotstr or the Founders responsible for claims relating to that provider.

21. Taxes

Independent providers are responsible for determining, reporting, collecting, withholding and paying all taxes on income earned through spotstr where applicable. spotstr does not provide tax advice.

22. Third-party services

spotstr may integrate with third-party services such as mapping providers, social networks, messaging apps, payment processors, analytics providers, Instagram, TikTok, YouTube, Telegram and WhatsApp.

spotstr does not control those services and is not responsible for their availability, security, privacy practices, policies or conduct. Their use may be governed by separate agreements between you and the third party.

22A. Security, data loss and interruptions

spotstr uses reasonable measures to protect the Platform and your data, but no system is completely secure. To the fullest extent permitted by law, spotstr, the Company and the Founders are not liable for unauthorized access, hacking, data loss or corruption, viruses, outages, delays, failed notifications or messages, or the acts of third parties, including hosting, payment, map and notification providers, except where caused by our gross negligence or wilful misconduct.

You are responsible for keeping your device, password and sign-in codes secure and for all activity under your account.

Features may change, be paused or be removed at any time. New or test features are provided as they are.

23. No warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPOTSTR AND ALL ASSOCIATED SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”.

SPOTSTR, STEPAN IKONNIKOV AND THE FOUNDERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY;
AVAILABILITY;
SECURITY;
QUALITY;
SUITABILITY;
AND RESULTS.

spotstr does not warrant that the Platform will operate without interruption, errors, security vulnerabilities, data loss, outages or technical problems.

24. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPOTSTR, STEPAN IKONNIKOV, THE FOUNDERS, AND THEIR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES.

THIS INCLUDES DAMAGES ARISING FROM:

bodily injury caused by third parties;
property damage;
professional malpractice;
failed appointments;
inaccurate provider information;
loss of profits, income or business;
emotional distress;
lost data;
reputational damage;
missed opportunities;
unauthorized account access;
interactions with other users;
or reliance on information shown on the Platform.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SPOTSTR, STEPAN IKONNIKOV AND THE FOUNDERS, TOGETHER, ARISING FROM OR RELATING TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO SPOTSTR DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100.

Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

24A. Time limit for claims

To the fullest extent permitted by law, any claim relating to spotstr, these Terms or the Platform must be brought within one (1) year after the event giving rise to the claim. After that, the claim is permanently barred.

25. Protection of the Founders

spotstr is operated by Stepan Ikonnikov. To the fullest extent permitted by law, the Founders act only on behalf of the Company and are not personally liable to any user for any claim arising from or relating to spotstr, the Platform, any user, or any goods or services offered through it.

To the fullest extent permitted by law, you agree that any claim relating to spotstr may be brought only against the Company, and not against the Founders personally, and you waive any claim against the Founders in their personal capacity.

Every limitation, exclusion, waiver, release, indemnity and dispute-resolution provision in these Terms that protects spotstr also protects the Founders individually.

26. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless spotstr, Stepan Ikonnikov, the Founders, and their affiliates, owners, officers, employees, contractors, agents, licensors, successors and assigns from claims, liabilities, damages, judgments, losses, costs, penalties, fines and reasonable attorneys’ fees arising out of or relating to:

your use of spotstr;
services you provide;
services you purchase;
your conduct toward another person;
your content;
your violation of these Terms;
your violation of law;
infringement of another person’s rights;
injuries or damages resulting from your services;
tax obligations;
licensing violations;
or disputes between you and another user.

27. Release of claims involving third parties

To the fullest extent permitted by law, you release spotstr, Stepan Ikonnikov and the Founders from claims arising mainly from transactions, communications, disputes, conduct, services, products or relationships between you and other users or independent third parties.

This release does not cover liability that cannot legally be released.

28. Account suspension and termination

You may delete your account at any time. spotstr may suspend, restrict or terminate access where reasonably necessary to protect users, enforce these Terms, comply with law, prevent fraud, investigate misconduct or protect the Platform. Where legally required, you will receive appropriate notice or an opportunity to appeal.

29. Privacy

Use of spotstr is also governed by the spotstr Privacy Policy. Because spotstr processes location, communication, profile, transaction, device and professional information, please read the Privacy Policy carefully.

Where required by law, spotstr will obtain appropriate consent before collecting precise location or other protected information.

30. Force majeure

spotstr and the Founders are not liable for delays, outages, interruptions or failures caused by events beyond their reasonable control, including natural disasters, internet outages, telecommunications failures, government actions, war, terrorism, civil unrest, epidemics, labor disputes, power failures, cyberattacks or third-party infrastructure failures.

31. Dispute resolution, arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the fullest extent permitted by applicable law, any dispute between you and spotstr, the Company or the Founders relating to these Terms or the Platform must first be submitted to good-faith informal resolution by writing to support@spotstr.com.

If the dispute cannot be resolved informally within 60 days, it will be resolved by binding individual arbitration administered by an established arbitration organization under its applicable consumer or commercial rules. Arbitration will take place in New York County, New York, unless applicable law requires another location or permits remote proceedings.

CLASS-ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION.

Either party may bring an eligible matter in small-claims court. If you live in a country whose consumer law does not allow pre-dispute arbitration or class-action waivers (for example in the European Union or the United Kingdom), this section applies only to the extent that law permits, and you may use the courts and alternative dispute resolution available to you.

31A. More about arbitration

JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SPOTSTR, THE COMPANY AND THE FOUNDERS EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

The arbitrator, and not a court, decides questions about the scope, validity, enforceability or arbitrability of this agreement to arbitrate, except that a court decides questions about the class-action waiver. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or by another established organization if the AAA is unavailable. The Federal Arbitration Act governs this section.

If 25 or more similar claims are filed against spotstr, the Company or the Founders by the same or coordinated lawyers or organizations, they will be administered in batches of up to 50 claims, one batch at a time, and the parties will cooperate in good faith to resolve them efficiently.

You may opt out of arbitration within 30 days of first accepting these Terms by writing to support@spotstr.com with your name, the email of your account and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Claims about intellectual property — infringement, copying, misuse or misappropriation of trade secrets — are not subject to arbitration: Stepan Ikonnikov may bring them in any court of competent jurisdiction and seek injunctions and damages there.

32. Governing law

Except where applicable consumer law requires otherwise, these Terms are governed by the laws of the State of New York, United States, without regard to conflict-of-law principles. If you are a consumer, you also keep the protection of the mandatory laws of your country of residence.

33. Severability

If any part of these Terms is held invalid or unenforceable, the rest remains in full force to the greatest extent permitted by law, and the invalid part will be interpreted or modified to come as close as lawfully possible to its intended effect.

34. No waiver

spotstr’s failure to enforce any provision of these Terms is not a waiver of that provision or of any other right.

35. Entire agreement

These Terms, together with the Privacy Policy, the Copyright & Intellectual Property Notice, the Professional Subscription Agreement, payment terms and other incorporated policies, are the entire agreement between you and spotstr about your use of the Platform.

35A. Survival, assignment and other terms

Sections that by their nature should continue after your account ends — including those on content licenses, intellectual property, disclaimers, limitation of liability, protection of the Founders, indemnification, release, dispute resolution and governing law — survive termination.

You may not transfer your account or your rights under these Terms. spotstr may transfer them, including to a company formed or acquired by the Founders to operate spotstr, or in a merger, sale or reorganization; the protections in these Terms continue to apply to the Founders after any transfer.

These Terms do not create any partnership, joint venture, employment, agency or fiduciary relationship. No one other than you, spotstr, the Company and the Founders has any rights under these Terms.

You may not use the name or likeness of spotstr, the Company or any Founder, or suggest any endorsement or affiliation, without written permission. Section headings are for convenience only.

36. Changes to these Terms

spotstr may update these Terms from time to time. Where legally required, you will receive notice of material changes, and the app will ask you to accept the updated Terms. Continued use after the effective date of updated Terms constitutes acceptance where legally permitted.

You consent to receive agreements, notices, disclosures, receipts and other communications electronically.

Electronic acceptance, including selecting “Agree and continue”, “Create account”, “Subscribe”, “Book”, “Send SpotSignal” or a similar button, may constitute your electronic signature where permitted by law.

37A. Language and translations

The App may be shown in several languages for your convenience. These Terms, the Privacy Policy, the Professional Subscription Agreement and the Copyright & Ownership Notice are provided in English, and the English version controls. Translations of the App or of any notice are for convenience only, may contain errors, and do not create rights or obligations.

38. Contact information

Stepan Ikonnikov, doing business as spotstr.

Legal: support@spotstr.com. Support: support@spotstr.com.

Terms of Service, User Agreement, Liability Waiver and Marketplace Disclaimer