Terms of Service

These Terms of Service ("Terms") govern your access to and use of SpotTiva ("SpotTiva," "we," "our," or "us"), including the SpotTiva mobile application and website.

By creating an account, accessing, or using SpotTiva, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

SpotTiva is a marketplace that helps customers discover local businesses and service providers, communicate with them, and make bookings. Businesses can use SpotTiva to create and manage business profiles, promote their services, communicate with customers, and manage bookings.

1. About SpotTiva

SpotTiva provides technology that connects customers with businesses and service providers. Unless expressly stated otherwise, SpotTiva is not itself the provider of the services listed by businesses on the platform.

Businesses are responsible for the services, products, experiences, information, prices, availability, and representations they provide through the platform.

Customers are responsible for evaluating businesses and determining whether a business or service is appropriate for their needs.

2. Eligibility

You must be at least 18 years old to create an account or use SpotTiva. By using the Service, you represent that you are at least 18 years old and legally capable of entering into these Terms.

If you are using SpotTiva on behalf of a business or organization, you represent that you have the authority to bind that business or organization to these Terms.

3. Accounts

Certain SpotTiva features require you to create an account. You agree to provide accurate, complete, and current information when creating and maintaining your account.

You are responsible for maintaining the confidentiality of your account credentials and for activity that occurs through your account.

You must notify us promptly if you believe that your account has been accessed without authorization.

SpotTiva may use email verification and one-time verification codes to verify accounts and protect account security.

4. Customer and Business Roles

SpotTiva allows users to access both customer and business-owner functionality through the same account where those features are available.

A user may use SpotTiva as a customer and may subsequently create or manage a business profile without necessarily creating a separate personal account.

5. Customer Use of SpotTiva

Customers may use SpotTiva to discover local businesses, search and filter listings, view business profiles, communicate with businesses, make bookings, manage bookings, save favorites, and submit reviews and ratings.

Customers agree to use the information and functionality provided by SpotTiva responsibly and to communicate honestly and respectfully with businesses and other users.

6. Business Accounts

Business owners may create and manage business profiles through SpotTiva. Business profiles may include the business name, category, description, contact information, address or service area, services, prices, operating hours, availability, facilities, photos, logos, and other business information.

Business owners are responsible for ensuring that information provided for their business is accurate, complete, current, and not misleading.

A business owner must have the authority to represent and manage the business profile they create.

Business owners are responsible for managing their availability and responding appropriately to booking requests, customer messages, and reviews.

7. Business Listings and Verification

SpotTiva may provide tools or processes intended to improve the quality and reliability of business listings.

However, unless SpotTiva expressly identifies a business or information as verified, users should not assume that SpotTiva has independently verified every statement, qualification, service, price, image, or representation made by a business.

8. Business Services and Information

Businesses are responsible for the services they list on SpotTiva, including their descriptions, prices, duration, availability, operating hours, service quality, and compliance with applicable laws.

SpotTiva does not guarantee that a business will provide a particular service, maintain a particular level of quality, remain available, or honor information displayed on its profile.

9. Bookings

SpotTiva allows customers to request and manage bookings with businesses. Booking functionality may include selecting a service, date, and time, receiving confirmation, and viewing booking status.

A booking is subject to the availability and acceptance of the applicable business. Where the SpotTiva interface indicates that a booking has been confirmed, the customer and business should treat the booking according to the information displayed in the application.

Businesses may accept, reject, reschedule, complete, or cancel bookings through the tools provided by SpotTiva.

10. Cancellations and Rescheduling

Customers and businesses should communicate promptly when a booking needs to be cancelled or rescheduled.

Cancellation and rescheduling arrangements may depend on the business, service, booking, and any terms communicated to the customer at or before the time of booking.

SpotTiva may take appropriate action where repeated cancellations, fraudulent bookings, abuse of the booking system, or other misuse of the platform occurs.

11. Payments and Pro Subscriptions

SpotTiva provides a free Starter business plan and a paid Pro subscription that provides additional business features and visibility tools.

The applicable price, billing period, features, and other subscription details will be presented to the business owner before a subscription is purchased.

Pro subscriptions may automatically renew for successive billing periods unless cancelled in accordance with the cancellation options provided through the applicable payment or subscription system.

Subscription charges are generally non-refundable except where a refund is required by applicable law or expressly provided by SpotTiva.

If a third-party payment provider processes a transaction, that provider's applicable terms and policies may also apply.

12. Messaging

SpotTiva provides messaging functionality that allows customers and businesses to communicate directly.

You are responsible for the content of messages and media you send. You must not use SpotTiva messaging to harass, threaten, deceive, impersonate, defraud, or otherwise harm another person.

SpotTiva may take action against accounts or content that violate these Terms or applicable law.

13. Reviews and Ratings

Customers may submit reviews and ratings concerning businesses or experiences they have had.

Reviews should be based on genuine experiences and should be truthful, fair, and relevant.

You must not submit fake reviews, reviews intended to manipulate ratings, reviews submitted in exchange for undisclosed compensation, or reviews intended to unfairly damage another person or business.

Business owners may respond to reviews associated with their business. Business responses must also be accurate, relevant, and respectful.

SpotTiva may remove or restrict reviews, ratings, responses, or other content that violate these Terms, applicable law, or our platform policies.

14. User Content

SpotTiva allows users to submit content including business information, reviews, ratings, photographs, messages, and other materials.

You retain ownership of content that you submit, subject to the rights you grant to SpotTiva under these Terms.

By submitting content to SpotTiva, you grant SpotTiva a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, and distribute that content as reasonably necessary to operate, maintain, improve, and promote the Service.

You represent that you have the rights and permissions necessary to submit the content and grant the rights described above.

15. Prohibited Conduct

You may not use SpotTiva to:

• Violate any applicable law, regulation, or legal obligation.
• Create a false identity or impersonate another person or business.
• Provide false, misleading, or fraudulent information.
• Create fake bookings, reviews, ratings, or business listings.
• Manipulate ratings, rankings, visibility, or other platform systems.
• Harass, threaten, abuse, stalk, or intimidate another user.
• Send spam, unsolicited commercial communications, or malicious content.
• Upload content that infringes another person"s intellectual property or other rights.
• Attempt to gain unauthorized access to another account or SpotTiva systems.
• Introduce malware, viruses, or other harmful code.
• Interfere with the operation, security, or integrity of SpotTiva.
• Scrape, copy, harvest, or systematically extract platform data without authorization.
• Use SpotTiva to facilitate fraud or other unlawful activity.
• Use the Service in a way that could reasonably harm SpotTiva or its users.

16. Intellectual Property

SpotTiva and its associated software, branding, logos, designs, graphics, interfaces, text, and other materials are owned by or licensed to SpotTiva and are protected by applicable intellectual property laws.

Except as expressly permitted by these Terms or applicable law, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from SpotTiva or its proprietary materials.

The SpotTiva name, logo, and other brand elements may not be used without our prior written permission except where permitted by law.

17. Third-Party Services

SpotTiva may rely on third-party services and technologies to provide certain functionality, including hosting, authentication, maps and location services, notifications, media handling, communications, analytics, infrastructure, and payment processing.

Third-party services may have separate terms and privacy policies. Your use of those services may therefore be subject to their applicable terms and policies.

18. Service Availability

We aim to keep SpotTiva available and reliable, but we do not guarantee that the Service will always be available, uninterrupted, secure, or error-free.

We may temporarily suspend, modify, or discontinue parts of the Service for maintenance, security, updates, technical reasons, or other legitimate purposes.

19. No Guarantee of Business Results

SpotTiva is designed to help businesses improve their online visibility, communication, and booking capabilities. However, we do not guarantee any particular number of views, customers, bookings, revenue, reviews, ranking, or other business results.

Paid features, including Pro features, may provide additional visibility or functionality but do not guarantee business performance or customer demand.

20. Marketplace Disclaimer

SpotTiva provides a platform for customers and businesses to discover, communicate, and arrange services with one another.

Unless expressly stated otherwise, SpotTiva is not a party to the underlying agreement between a customer and a business and is not responsible for the performance, quality, legality, safety, or availability of services offered by businesses.

Customers and businesses are responsible for resolving disputes concerning services, bookings, payments, cancellations, or other transactions between them, subject to any rights or assistance that SpotTiva may provide.

21. Disclaimers

To the maximum extent permitted by applicable law, SpotTiva is provided on an "as is" and "as available" basis.

We do not warrant that the Service will meet every user's requirements, operate without interruption, or be completely free of errors or security vulnerabilities.

Information provided by businesses and users is their responsibility. SpotTiva does not guarantee the accuracy, completeness, reliability, or timeliness of user-provided information.

22. Limitation of Liability

To the maximum extent permitted by applicable law, SpotTiva and its owners, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses arising from or related to your use of the Service.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

23. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SpotTiva and its owners, employees, affiliates, contractors, and service providers from claims, damages, liabilities, losses, and expenses arising from:

• Your violation of these Terms.
• Your unlawful or unauthorized use of the Service.
• Your content or information submitted to SpotTiva.
• Your violation of another person's rights.
• Your interactions, transactions, bookings, or disputes with other users or businesses.

24. Account Suspension and Termination

You may stop using SpotTiva at any time and may request deletion of your account in accordance with our Privacy Policy.

We may suspend, restrict, or terminate an account if we reasonably believe that the user has:

• Violated these Terms.
• Engaged in fraudulent, abusive, or unlawful activity.
• Provided materially false or misleading information.
• Created a security or safety risk.
• Used SpotTiva in a manner that could harm the Service or other users.

Where appropriate and legally permitted, we may provide notice before taking action. Immediate action may be taken where necessary to protect users, the Service, or our legal rights.

Termination does not automatically eliminate obligations that by their nature should survive termination, including provisions concerning intellectual property, disclaimers, limitation of liability, indemnification, and dispute-related obligations.

25. Changes to the Service

We may add, remove, modify, or discontinue features of SpotTiva from time to time.

We may also change subscription plans, features, pricing, or functionality. Where required by applicable law, we will provide appropriate notice before material changes take effect.

26. Changes to These Terms

We may update these Terms from time to time to reflect changes to SpotTiva, our business, technology, or applicable legal requirements.

When material changes are made, we may provide notice through the application, website, email, or another reasonable method.

The "Last Updated" date displayed at the beginning of these Terms indicates when they were most recently revised.

Your continued use of SpotTiva after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

27. Governing Law

These Terms will be governed by and interpreted in accordance with the applicable laws governing SpotTiva and its relationship with you, without regard to conflict-of-law principles.

Where mandatory consumer-protection laws in your country or jurisdiction apply, nothing in these Terms is intended to remove or limit rights that cannot legally be excluded.

28. Dispute Resolution

If you have a dispute with SpotTiva, we encourage you to contact us first so that we can attempt to resolve the matter informally.

If the dispute cannot be resolved informally, it may be resolved through the courts or other dispute-resolution process available under applicable law.

29. Severability

If any provision of these Terms is determined to be invalid, unenforceable, or unlawful, that provision will be interpreted or modified to the minimum extent necessary where permitted by law, and the remaining provisions will continue in effect.

30. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

31. Entire Agreement

These Terms, together with our Privacy Policy and any other policies expressly incorporated into these Terms, constitute the agreement between you and SpotTiva concerning your use of the Service, except where additional terms expressly apply to a particular feature or service.

32. Contact Us

If you have questions about these Terms, need assistance with your account, or need to contact SpotTiva regarding a legal or policy matter, you can reach us at:

support@SpotTiva.com