Terms of Service

1. Agreement to Terms

Welcome to Spotly! These Terms of Service ("Terms") govern your access to and use of the Spotly mobile application ("Service") provided by Kaspar Padberg ("Company", "we", "us", or "our").

By downloading, installing, or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

Spotly is a mobile application that allows users to discover, save, and share Points of Interest (POIs). The Service includes:

• Discovering nearby POIs using location services
• Creating and managing personal POI collections
• Sharing POIs with friends and other users
• Social features including comments, likes, and friend connections
• Location-based notifications and geofencing
• Photo sharing and POI documentation
• Navigation and mapping integration

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You may register using:

• Email and password
• Google Sign-In
• Apple Sign In

3.2 Account Responsibility

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and complete information

3.3 Age Requirements

You must be at least 13 years old to create an account. Users under 18 must have parental consent to use the Service.

4. User Content

4.1 Your Content

You retain ownership of content you submit to the Service ("User Content"), including:

• POI descriptions and reviews
• Photos and images
• Comments and social interactions
• Lists and collections

4.2 License to Use Your Content

By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with operating and improving the Service.

4.3 Content Standards

User Content must not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Contain harmful, offensive, or inappropriate material
• Include spam, advertising, or promotional content
• Compromise privacy or safety of others
• Contain false or misleading information

4.4 Content Moderation

We reserve the right to review, moderate, and remove User Content that violates these Terms or is otherwise objectionable, without notice.

5. Location Services

Our Service relies on location services to function properly. By using the Service, you consent to our collection and use of your location data as described in our Privacy Policy.

Location services include:

• Real-time location for POI discovery
• Background location for notifications
• Geofencing for location-based alerts
• Visit tracking for personalized features

You may disable location services at any time through your device settings, though this may limit Service functionality.

6. Social Features

6.1 Friend Connections

The Service allows you to connect with other users as friends, share POIs, and interact with their content.

6.2 Public Content

Some content may be visible to other users based on your privacy settings. You are responsible for managing your privacy preferences.

6.3 Interactions

You must interact respectfully with other users. Harassment, bullying, or inappropriate behavior is prohibited and may result in account suspension.

7. Prohibited Uses

You may not use the Service to:

• Violate any applicable laws or regulations
• Transmit malicious code or harmful content
• Attempt unauthorized access to our systems
• Interfere with or disrupt the Service
• Create fake accounts or impersonate others
• Harvest or collect user information
• Use automated systems to access the Service
• Reverse engineer or attempt to extract source code

8. Intellectual Property

The Service and its original content, features, and functionality are owned by Kaspar Padberg and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service or reverse engineer or attempt to extract the source code of our software.

9. Third-Party Services

Our Service integrates with third-party services including Google Maps, Firebase, and authentication providers. Your use of these services is subject to their respective terms and privacy policies.

We are not responsible for the availability, content, or practices of third-party services.

10. Service Availability

We strive to maintain Service availability but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Maintenance and updates
• Technical issues
• Third-party service disruptions
• Force majeure events

11. Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

12. Account Termination and Deletion

12.1 Termination by You

You may terminate your account at any time through:

• The account deletion feature in the app settings
• Contacting our support team at support@heyspotly.com

Account deletion is immediate and permanent. All your data including POIs, comments, photos, and social connections will be permanently removed.

12.2 Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms of Service
• Engage in prohibited activities or behavior
• Compromise the security or integrity of the Service
• Violate applicable laws or regulations

We will attempt to notify you before termination when possible, but immediate termination may occur without notice for serious violations.

12.3 Effect of Termination

Upon termination of your account:

• Your access to the Service immediately ceases
• Your profile, POIs, comments, and uploaded content are deleted
• Shared content is removed from other users' accounts
• Social connections and friend relationships are terminated
• Location history and personal data are erased

Some information may be retained in system backups for up to 30 days or as required by law. Provisions of these Terms that by their nature should survive termination shall remain in effect.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KASPAR PADBERG 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.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to defend, indemnify, and hold harmless Kaspar Padberg from any claims, damages, losses, and expenses, including attorney's fees, arising from your use of the Service or violation of these Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Berlin, Germany.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the new Terms within the app and updating the "Last updated" date.

Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

19. Contact Information

If you have any questions about these Terms, please contact us:

• By email: support@heyspotly.com
• By mail: Kaspar Padberg, Möckernstr. 102, 10963 Berlin, Germany
• Through the app's contact form