Spot

Terms of Service

Last Updated: 2026-08-26

Effective Date: To be set on public launch

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY. THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION, A CLASS-, COLLECTIVE-, AND REPRESENTATIVE-ACTION WAIVER, A JURY-TRIAL WAIVER, AND A ONE-YEAR LIMITATIONS PERIOD (SECTIONS 18 AND 19). EXCEPT FOR THE LIMITED CARVE-OUTS DESCRIBED IN SECTION 18, YOU AND SPOT AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION. YOU HAVE A LIMITED RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 18.10.

1. Acceptance and Scope

By downloading, installing, accessing, registering an account for, or otherwise using the Spot mobile application and related services (the "Service"), you agree to be bound by these Terms and by the documents incorporated by reference below. If you do not agree, you must not access or use the Service.

These Terms form a binding agreement between you and Spot LLC, a Delaware limited liability company (in formation) ("Spot," "we"). The following are incorporated by reference: the Spot Privacy Policy, the Spot Community/Safety Guidelines, the Spot Spot Rules, and the Spot DMCA Policy. In the event of a conflict between these Terms and any incorporated document with respect to a specific matter, the document that specifically addresses that matter controls; in all other respects, these Terms control.

2. Eligibility and Account Registration

You must be at least 13 years of age, reside in the United States, and be capable of forming a binding contract under applicable law (or, in the case of a minor, do so with the acknowledgment of a parent or legal guardian). If you are between 13 and 17, you represent that a parent or legal guardian has reviewed and acknowledged these Terms and the Privacy Policy and consents to your use of the Service. Spot applies heightened, default-private settings to accounts in this age range.

You may register and maintain only one Spot account. You agree to provide accurate registration information, including a date of birth (collected on a self-attestation basis), and to keep your information current. You are responsible for safeguarding your credentials and for activity on your account. A knowing misrepresentation of age or identity is a material breach of these Terms and a basis for suspension or termination.

3. Description of the Services

The Service comprises four principal features: (a) the Safety Map, a public, anonymous neighborhood map on which users may post category-constrained safety alerts ("Safety Reports") using a fixed High/Medium/Low risk taxonomy and no photographs or free text; (b) Spots, a private, mutual-friends layer of 24-hour ephemeral, location-tagged content items including Photo Spots, Note Spots, and Presence Pings; (c) Mutual Live-Location Share, a doubly-opt-in feature permitting two Mutual Friends to share live location for sessions of up to 24 hours; and (d) chat, in-app messaging between Mutual Friends. Spot may add, modify, suspend, or discontinue any feature at any time. Features identified as beta, preview, or experimental are provided "as is" and are not covered by any service-level commitment.

4. Privacy

Your privacy is addressed in the Privacy Policy, which is incorporated into these Terms. By using the Service, you acknowledge and consent to the data-processing practices described in the Privacy Policy. Certain communications are essential to the operation of the Service (transactional push notifications, SMS for account verification and security, and notices required by these Terms or law) and are not opt-out-able to the extent essential. Promotional communications are opt-out-able as described in the Privacy Policy.

5. Acceptable Use

You will not, and will not attempt to, and will not encourage or permit any third party to:

  • post or transmit a Spot of any person who is not your Mutual Friend, or of any Mutual Friend who has not affirmatively permitted that Spot type via their Privacy Form;
  • submit any Safety Report that is false, exaggerated, misleading, retaliatory, harassing, or made for any purpose other than a good-faith safety concern;
  • harass, bully, stalk, intimidate, threaten, defame, dox, or incite violence against any person;
  • post hate speech, content that targets a person or group on the basis of a protected characteristic, or content that sexualizes or endangers a minor, including any child sexual abuse material;
  • use the Service to monitor, surveil, track, or build a profile of another person, including a person who has granted Privacy Form permissions, where such monitoring is not for the limited social purpose contemplated by the Service;
  • create or operate a fake, impersonating, automated, or sock-puppet account, or operate more than one account in violation of Section 2;
  • use any Spot, chat content, or Safety Report for any commercial purpose (including advertising, market research, training of AI/ML models offered to third parties, or resale) without Spot's express prior written consent and, where applicable, the consent of the subject;
  • spam, infringe third-party intellectual-property or publicity rights, distribute malware, spoof location data, or scrape, reverse-engineer, or otherwise extract data from the Service;
  • circumvent the Privacy Form gating, the Mutual-Friend gating, the 24-hour expiry, the bilateral-consent requirement for Mutual Live-Location Share, or any other access or moderation control; or
  • otherwise use the Service in violation of these Terms, the Community/Safety Guidelines, the Spot Rules, the DMCA Policy, or applicable law.

Violations may be enforced under Section 8.

6. User Content; Ownership and License Grants

As between you and Spot, you retain all right, title, and interest in the content you submit through the Service ("Your Content"). Nothing in these Terms transfers ownership of Your Content to Spot.

Friends-Layer License. You grant Spot a worldwide, non-exclusive, royalty-free, sublicensable (solely to service providers acting on Spot's behalf) license to host, transmit, route, transcode, render, display, and otherwise process Your Content posted through the friends layer (including Spots, chat content, captions, stickers, and doodles) solely as necessary to deliver the content to the recipients you select and to operate the friends layer of the Service. This license (a) continues for the 24-hour surface life of Spots and other ephemeral map content, and for chat content until it is explicitly deleted or its associated account or conversation is deleted; and (b) continues, on an internal-only basis, for the 30-day encrypted-backup window and the 90-day operational-log window described in the Privacy Policy, solely for disaster recovery, security incident response, fraud and abuse detection, and compliance with lawful process. Saving a chat message is a bookmark and does not alter this retention period.

Safety Map License. Safety Reports are public-facing content. You grant Spot a worldwide, royalty-free, irrevocable, perpetual, sublicensable license to host, reproduce, modify (for formatting and display), distribute geographically, aggregate, de-identify, derive analytics from, and otherwise use each Safety Report you submit for purposes of operating, securing, and analyzing the Service and providing safety information to users and the public. By design, Safety Reports contain no photographs, no free-text narrative, and no client-visible reporter identity.

Right of Publicity (Scoped). To the extent Your Content includes your name, voice, likeness, or image, you grant Spot a limited license to use those identity indicia solely as necessary to operate the Service in accordance with your Privacy Form selections and the recipients you designate. This is not a general commercial-use grant and does not authorize use of your identity in advertising, endorsements, or third-party marketing without your separate consent.

Internal AI/ML Use. Spot may use de-identified and aggregated content and behavioral data to develop, train, evaluate, and improve internal safety, moderation, abuse-detection, and fraud-prevention systems. Spot will not use individual user Spots, chat content, or Note text to train generative AI models offered to third parties without your additional consent.

Feedback. Suggestions and feedback you provide are non-confidential, and you grant Spot a perpetual, irrevocable, royalty-free license to use them for any purpose.

7. Spots, Tagging, Forwarding, and Live-Location Mechanics

A Sender may post a Spot of a Tagged Friend only if the Tagged Friend is a Mutual Friend of the Sender and has affirmatively permitted that Spot type via their Privacy Form. A Tagged Friend may delete any Spot of themselves at any time during its 24-hour life; deletion is platform-wide and irreversible, and the Sender is notified.

A Tagged Friend may forward a Spot of themselves to any user of the Service; when a Spot is forwarded to a recipient who is not a Mutual Friend of the Sender, the Sender is identified to that recipient as "Anonymous." A Sender may forward a Spot only to users who are Mutual Friends of both the Sender and the Tagged Friend. Forwarding does not extend the 24-hour life of a Spot.

Spot does not warrant that ephemeral content cannot be captured. Mobile operating systems generally permit recipients to take screenshots or screen recordings. You acknowledge this reality and agree to respect the contextual expectations of the Sender and any Tagged Friend; capturing, retaining, or further disseminating content in a manner that violates Section 5 (including by harassment, doxing, non-consensual intimate imagery, or commercial exploitation) is a violation of these Terms.

A Mutual Live-Location Share session requires affirmative opt-in by both participants, is capped at 24 hours, and may be revoked by either participant at any time. Location data presented during a session may be delayed, inaccurate, incomplete, or stale because of device, network, or other conditions outside Spot's control. You agree not to rely on Mutual Live-Location Share for any safety-critical, emergency, navigational, custodial, employment, or law-enforcement purpose.

The 150-meter pin-placement radius shown for certain Spots and Safety Reports is a user-interface affordance and is not a forensic representation of any user's or event's actual location.

8. Safety Map and Anonymous Reporting

Safety Reports are anonymous on the client: no other user is shown any information identifying the reporter. Spot retains the reporter-to-report association on a server-side basis for moderation, abuse review, security, and legal compliance, and may unmask reporter identity (a) under valid legal process as described in the Privacy Policy, (b) in internal review of suspected abuse, or (c) as otherwise permitted by the Privacy Policy. Reporter anonymity is operational, not absolute.

By submitting a Safety Report, you represent and warrant that the Report is true to your good-faith belief at the time of submission, is submitted for the purpose of informing other users about a safety concern, and is not submitted for any purpose of harassment, retaliation, intimidation, or competitive disparagement. You are solely responsible for the content of any Safety Report you submit and agree to indemnify Spot for any claim arising from a Safety Report that violates these Terms or any applicable law.

Spot may, in its discretion, review, downrank, label, redact, or remove any Safety Report, and may suspend or terminate the account of any user who misuses the Safety Map.

THE SAFETY MAP IS NOT A SUBSTITUTE FOR EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER. SPOT DOES NOT MONITOR THE SAFETY MAP IN REAL TIME AND MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR FITNESS-FOR-PURPOSE OF ANY SAFETY REPORT. SAFETY REPORTS ARE USER-GENERATED, UNVERIFIED, AND PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. RELIANCE ON THE SAFETY MAP IS AT YOUR OWN RISK.

You will not rely on the Safety Map or any Safety Report as the sole or primary basis for any decision affecting your safety, the safety of others, or any law-enforcement, insurance, employment, custodial, or similar decision.

9. Moderation and Enforcement

Spot reserves the right (but assumes no obligation) to review, screen, label, downrank, restrict, or remove any content and to investigate any conduct that may violate these Terms. Enforcement actions may include removal of content, warnings, feature restrictions, temporary suspension, permanent termination, and referral to law enforcement, in each case as Spot determines is appropriate and, where practicable, with notice. Spot maintains and enforces a policy of suspending or terminating, in appropriate circumstances, the accounts of users who are repeat infringers of intellectual-property rights or of the Community/Safety Guidelines. Where an enforcement action is taken against you or your content, Spot will use commercially reasonable efforts to provide an appeal mechanism. Spot reviews user reports on a best-effort basis without a fixed timeline and prioritizes reports concerning imminent safety risks, credible threats, doxing, and content depicting or sexualizing minors.

10. Spot's Intellectual Property and License to You

The Service, including all underlying software, designs, graphics, text, organization, "look and feel," and Spot's trademarks, is owned by Spot or its licensors. Subject to your compliance with these Terms, Spot grants you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the Service on a compatible device for your personal, non-commercial use. You will not copy, modify, create derivative works of, reverse-engineer, decompile, rent, lease, sublicense, distribute, or use the Service to build a competitive product. The Spot name and logo may not be used without Spot's prior written consent.

11. DMCA / Copyright

Spot will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"), and are properly submitted to Spot's Designated Agent:

Designated Copyright Agent

Spot LLC, c/o [Designated Agent Name — to be designated]

[Physical Address — to be designated]

Email: dmca@[domain].com

The Designated Agent will be registered with the United States Copyright Office.

A valid notice under 17 U.S.C. § 512(c)(3) must include (a) a physical or electronic signature of a person authorized to act on behalf of the rights holder; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to permit Spot to locate it; (d) contact information for the complaining party; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that the complaining party is authorized to act on behalf of the rights holder. A counter-notification under 17 U.S.C. § 512(g)(3) must include the elements specified by that statute, including a statement consenting to the jurisdiction of the federal district court for the judicial district in which you reside (or the District of Delaware if you reside outside the United States).

Spot maintains and enforces a repeat-infringer policy. Reports of trademark infringement or violations of rights of publicity, which are not subject to the DMCA, should be sent to legal@[domain].com.

12. Third-Party Services and App Store Pass-Through

The Service may interoperate with or link to third-party products, services, websites, single-sign-on providers, maps and geocoding providers, and other resources. Spot does not control these Third-Party Services and is not responsible for their availability, content, or practices; your use is at your own risk and is subject to the terms of the relevant provider.

If you obtained the Service from the Apple App Store, you acknowledge that: (a) these Terms are between you and Spot, not Apple Inc., and Spot is solely responsible for the Service; (b) the license in Section 10 is limited to use on an Apple-branded product you own or control, as permitted by Apple's Usage Rules; (c) Apple has no obligation to provide maintenance or support; (d) in the event of any failure of the Service to conform to any applicable warranty, Apple may refund the purchase price (if any), and otherwise has no warranty obligation; (e) Apple is not responsible for any third-party claim, product-liability claim, or claim under consumer-protection, privacy, or similar law relating to the Service; (f) Spot, not Apple, is responsible for the defense of any intellectual-property claim against the Service; (g) you represent you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting" and are not on any U.S. Government prohibited- or restricted-parties list; and (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. If you obtained the Service from Google Play, the foregoing acknowledgments apply with respect to Google LLC with such modifications as are necessary to reflect Google's role.

You are responsible for any mobile carrier or internet service provider data charges incurred in connection with your use of the Service.

13. Termination and Survival

You may delete your account at any time through the in-app settings or by contacting Spot at legal@[domain].com. A 30-day cooling-off period applies as described in the Privacy Policy. Spot may suspend, restrict, or terminate your access to the Service, in whole or in part, at any time, with or without cause, with or without prior notice, where Spot reasonably determines that doing so is appropriate, including for breach of these Terms, legal compulsion, dormancy, or undue risk to other users. Spot will use commercially reasonable efforts to provide notice where practicable.

Upon termination, your right to use the Service ceases immediately. Certain content may persist on the systems of other users (for example, content forwarded outside Spot's control) or in Spot's backups for the periods described in the Privacy Policy. The provisions of these Terms that by their nature should survive termination will survive, including Sections 6 (with respect to saved content and residual licenses), 8 (Safety Map disclaimer), 10, 11, 13, 15, 16, 17, 18, 19, and 20.

14. Disclaimers of Warranty

THE SERVICE, INCLUDING ALL CONTENT, FEATURES, SAFETY MAP DATA, SAFETY REPORTS, SPOTS, CHAT, AND MUTUAL LIVE-LOCATION SHARE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPOT AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "SPOT PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SPOT PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE. ANY ALGORITHMIC OUTPUTS, RECOMMENDATIONS, OR MODERATION DECISIONS ARE PROVIDED FOR CONVENIENCE ONLY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THEY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPOT PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATION, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT THE SPOT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE SPOT PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE TOTAL AMOUNTS YOU HAVE PAID SPOT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM.

The foregoing limitations do not apply to liability arising from (i) Spot's gross negligence or willful misconduct, (ii) fraud or fraudulent misrepresentation by Spot, (iii) death or bodily injury caused by Spot's negligence, or (iv) any other liability that cannot be limited or excluded under applicable law. The disclaimers in Section 14 and the limitations in this Section 15 reflect a reasonable allocation of risk and are an essential basis of the bargain between you and Spot, and will apply even if any limited remedy fails of its essential purpose.

16. Indemnification

To the maximum extent permitted by applicable law, you will indemnify, defend (at Spot's option), and hold harmless the Spot Parties from and against any third-party claims, demands, losses, liabilities, damages, judgments, fines, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Your Content; (b) your access to or use of the Service; (c) your violation of these Terms or any incorporated document; (d) your violation of any applicable law; or (e) your violation of any third-party right, including any intellectual-property, privacy, publicity, or contractual right. Spot may assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate, and you will not settle any indemnified claim without Spot's prior written consent. This Section does not apply to claims arising from Spot's gross negligence, willful misconduct, or fraud, or to any liability that cannot be shifted by contract under applicable law.

17. (Reserved)

18. Binding Individual Arbitration; Class-Action and Jury Waivers

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND SPOT TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT FOR THE LIMITED CARVE-OUTS DESCRIBED BELOW. IT ALSO WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND YOUR RIGHT TO A JURY TRIAL. YOU HAVE A LIMITED RIGHT TO OPT OUT AS DESCRIBED IN SECTION 18.10.

18.1 FAA

This Section 18 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the "FAA"), which preempts any inconsistent state law.

18.2 Scope; Carve-Outs

You and Spot agree that all disputes, claims, and controversies arising out of or related to these Terms, the Service, your account, Your Content, or the relationship between you and Spot (collectively, "Disputes"), whether arising before, during, or after termination, will be resolved exclusively through binding individual arbitration. The following are carved out: (a) individual claims in small-claims court (so long as the claim remains there and is not removed, transferred, or expanded to seek class or representative relief); (b) individual actions to enforce or protect intellectual-property rights; and (c) applications to a court for provisional or injunctive relief in aid of arbitration.

18.3 Informal Resolution

Before initiating arbitration, the initiating party must send a written Notice of Dispute and engage in good-faith informal resolution for 30 days. A Notice of Dispute from you to Spot must be sent to legal@[domain].com and must include your full name and residential address; your username, account email, and phone number; a clear individualized factual description of the Dispute; the specific relief sought; and your signature. Compliance with this Section is a mandatory condition precedent that an arbitrator or court may enforce by dismissal or stay.

18.4 Provider

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (the "AAA Rules"), as modified by this Section. If AAA is unavailable or unwilling to administer the arbitration consistent with this Section, JAMS will administer under its applicable consumer-arbitration rules.

18.5 Mass Arbitration

A "Mass Filing" means 25 or more individual demands for arbitration that (i) are filed against Spot within a 30-day period, (ii) raise substantially similar claims or seek substantially similar relief, and (iii) are filed by, coordinated by, or represented by the same counsel, firm, or coordinating entity. All demands in a Mass Filing will be batched into successive groups of up to 100 ("Batches"). From each Batch, the parties will select a reasonable number of bellwether cases to proceed to a merits determination; non-bellwether demands in the Batch will be stayed, and all applicable limitations periods will be tolled during the stay. After completion of the bellwether cases, either party may propose mediation as to the remaining demands in the Batch. Spot's portion of arbitration filing and administrative fees for non-bellwether demands will be deferred until the bellwether cases reach final resolution.

18.6 Hearing Format and Fees

For any claim in which the aggregate amount in controversy (exclusive of fees and costs) is less than $10,000, the arbitration will be conducted on a non-appearance basis (written, telephone, or videoconference) unless the arbitrator orders otherwise. For claims of $10,000 or more, the standard AAA Rules apply, and as a consumer you may elect any in-person hearing in your county of residence per the AAA Consumer Arbitration Rules. If you initiate arbitration, Spot will pay all AAA filing and administrative fees and all arbitrator fees, except that you will pay an amount equal to the court filing fee in your county of residence. If Spot initiates, Spot will pay all such fees. Each party bears its own attorneys' fees and costs, except where the arbitrator finds a claim frivolous or brought for an improper purpose.

18.7 Class, Collective, and Representative Action Waiver

YOU AND SPOT EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT AND RESOLVED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS (EXCEPT AS PROVIDED IN SECTION 18.5), OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL (INCLUDING UNDER CALIFORNIA'S PRIVATE ATTORNEYS GENERAL ACT OR ANY ANALOGOUS STATUTE). THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ARBITRATION OR TO CONSOLIDATE THE CLAIMS OF MULTIPLE PERSONS, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 18.5.

18.8 Jury-Trial Waiver

YOU AND SPOT EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

18.9 Severability of Class Waiver

If the class-, collective-, and representative-action waiver in Section 18.7 is found unenforceable, in whole or in part, with respect to any particular claim, that claim will be severed from the arbitration and proceed in a court of competent jurisdiction in accordance with Section 19, and the remainder of this Section 18 will remain in effect with respect to all other claims. In no event will any class, collective, or representative proceeding be arbitrated.

18.10 Right to Opt Out

You may opt out of this Section 18 by sending written notice to Spot within 30 days after first accepting any version of these Terms containing an arbitration provision. The opt-out notice must be sent by email to arb-optout@[domain].com or by U.S. mail to Spot LLC's notice address (once published) addressed to "Arbitration Opt-Out"; must include your full legal name, residential address, the username associated with your account, and your account email and phone number; must include a clear and unambiguous statement that you intend to opt out of arbitration; and must be individualized (bulk opt-outs and opt-outs submitted by counsel on behalf of multiple users are not valid). A valid and timely opt-out affects only this Section 18.

18.11 Arbitrator Authority; Delegation

The arbitrator has the same authority to award individual relief as a judge of a court of competent jurisdiction, and may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide that party's individual claim. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this Section 18; provided, however, that a court of competent jurisdiction (and not the arbitrator) has the authority to decide enforceability of the class-, collective-, and representative-action waiver in Section 18.7.

18.12 Survival; Retroactivity; Fresh Opt-Out

This Section 18 survives termination of these Terms or your account and applies retroactively to any Dispute arising before your first acceptance. If Spot makes a material change to this Section 18 after you first accept these Terms, Spot will provide notice consistent with Section 20 and offer a fresh 30-day window during which you may opt out of the modified arbitration provision.

19. Governing Law, Venue, and Limitations Period

These Terms and any Dispute arising out of or related to these Terms or the Service are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that (a) the FAA governs the interpretation and enforcement of Section 18, and (b) nothing in this Section deprives you of the protection of any non-waivable provision of the consumer-protection law of the state in which you reside. For any Dispute not subject to arbitration under Section 18, you and Spot agree to the exclusive jurisdiction of, and venue in, the state and federal courts located in the State of Delaware.

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED, OR IT WILL BE PERMANENTLY BARRED, EXCEPT TO THE EXTENT A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW THAT CANNOT BE WAIVED OR SHORTENED BY CONTRACT.

20. Changes to These Terms

Spot may modify these Terms from time to time. For material changes, Spot will provide notice through the Service and, where we have your email address, by email at least 14 days before the changes take effect. The "Last Updated" date at the top of these Terms reflects the most recent modification. Continued use after the effective date constitutes acceptance. Material changes to Section 18 are subject to the additional notice and fresh-opt-out provisions of Section 18.12.

21. Miscellaneous

These Terms (together with the documents incorporated by reference) constitute the entire agreement between you and Spot regarding the Service. Except as expressly provided in Section 12 with respect to Apple and Google, there are no third-party beneficiaries. You may not assign these Terms; Spot may assign freely. No failure or delay by Spot in exercising any right will be deemed a waiver. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in effect (except as expressly provided in Section 18.9). Spot may give notices to you through the Service or by email on file; you may give notices to Spot at legal@[domain].com. These Terms are written in, and will be interpreted in, the English language. If you are a U.S. federal, state, or local government entity legally prohibited from accepting the governing-law, venue, or arbitration provisions of these Terms, those provisions do not apply to you, and the remaining provisions will remain in effect. Spot will not be liable for failure or delay in performance caused by events beyond its reasonable control.

Questions about these Terms may be sent to legal@[domain].com. A physical notice address will be provided upon entity formation.