Terms and Conditions
SpotBot AI Terms and Conditions
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Terms and Conditions
Last Updated: [October 20, 2024]
1. Introduction
Welcome to SpotBot AI (“we,” “our,” “us”), owned by SpotOn Fishing LLC. These Terms and Conditions (“Terms”) govern your use of our mobile application (“App”). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
2. Definitions
User: Any individual who downloads, accesses, or uses the App.
Content: Any text, images, videos, data, or other materials uploaded, shared, or generated through the App.
3. Eligibility
You must be at least [minimum age, e.g., 13] years old to use the App. By using the App, you represent and warrant that you meet this age requirement.
4. User Accounts
Registration: To access certain features of the App, you may need to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.
5. Use of the App
License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the App in accordance with these Terms.
Prohibited Activities: You agree not to:
Use the App for any unlawful purpose.
Attempt to gain unauthorized access to the App’s systems or data.
Distribute viruses or other harmful code.
Engage in any activity that interferes with or disrupts the App’s functionality.
Abuse, misuse, or attempt to abuse or misuse the App or its features.
Steal, copy, or misuse any Content or data from the App.
Reverse engineer, decompile, or disassemble the App.
Use the App to harass, threaten, or defame others.
6. Content
Your Content: You retain ownership of any content you upload or share through the App. By sharing content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content within the App.
Prohibited Content: You agree not to upload or share content that is:
Infringing, defamatory, obscene, or otherwise unlawful.
Violates any third-party rights.
Contains malicious software or harmful code.
Encourages or depicts criminal activities.
Monitoring and Enforcement: We reserve the right to monitor all Content and activities within the App and to remove any Content or terminate any account that violates these Terms or is deemed harmful.
7. Intellectual Property
All intellectual property rights in the App and its content (excluding user-generated Content) are owned by or licensed to SpotOn Fishing LLC. You agree not to reproduce, modify, distribute, or create derivative works from the App without our prior written consent.
8. Termination
We reserve the right to suspend or terminate your access to the App at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users or us. Upon termination, all rights granted to you under these Terms will cease immediately.
9. Disclaimers and Limitation of Liability
Disclaimer: The App is provided “as is” and “as available” without any warranties of any kind, either express or implied. We do not guarantee that the App will be uninterrupted, error-free, or free of harmful components.
Limitation of Liability: To the fullest extent permitted by law, SpotOn Fishing LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the App, even if we have been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify, defend, and hold harmless SpotOn Fishing LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of your use of the App or violation of these Terms.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts located in Palm Beach County, Florida.
12. Changes to Terms
We may modify these Terms at any time. We will notify you of any changes by updating the “Last Updated” date. Continued use of the App after such changes constitutes your acceptance of the new Terms.
13. Contact Us
If you have any questions about these Terms, please contact us at:
Email: Info@SpotOn.Fishing
Address:
SpotOn Fishing LLC
222 Yamato Rd
Boca Raton, FL 33431
SpotOn Fishing Terms and Conditions
SpotOn Fishing Terms and Conditions
Last Updated: 10/20/2024
Welcome to SpotOn Fishing ("the App"). By downloading, accessing, or using the App, you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully. If you do not agree with these Terms, you should not use the App.
1. Acceptance of Terms
By using the App, you confirm that you have read, understood, and agree to abide by these Terms and all applicable laws and regulations.
2. No Navigational Use
Critical Disclaimer:
Non-Navigational Purpose: The maps and data provided by SpotOn Fishing are intended solely for recreational fishing purposes and must not be used for navigation or as a substitute for official nautical charts and certified navigation equipment.
No Warranties on Accuracy: While we strive to provide accurate and up-to-date information, we make no guarantees regarding the completeness, reliability, or suitability of the maps and data for navigational use.
User's Full Responsibility: You bear full responsibility for any actions taken based on the maps and data provided by the App. Under no circumstances shall SpotOn Fishing be liable for any loss or damage, including personal injury or death, resulting from the use of our maps for navigation.
Always use official marine charts and certified navigation instruments for all navigational needs.
3. Safe and Legal Use
Vehicle Operation: Do not use the App while operating any vehicle, including cars, boats, or any other mode of transportation. Using mobile devices while operating a vehicle is dangerous and may be illegal in your jurisdiction.
Distractions: Ensure that your use of the App does not distract you from obeying traffic, safety, or maritime laws and regulations.
4. User Responsibility for Safety
You are solely responsible for your own safety and the safety of others while using the App. This includes, but is not limited to:
Compliance with Laws: Adhering to all local, regional, and national laws and regulations related to fishing, boating, vehicle operation, and maritime activities.
Vessel and Vehicle Operation: Ensuring the safe operation of any vessel or vehicle, including maintenance, proper equipment, and adherence to safety protocols.
Environmental Awareness: Monitoring weather conditions, tides, currents, traffic, and other environmental factors that may affect safety.
Emergency Preparedness: Having appropriate safety gear on board, such as life vests, flares, first aid kits, and knowing how to use them.
5. Subscriptions and Payments
Non-Refundable: All annual subscriptions are non-refundable. Once a subscription period has begun, you are not entitled to a refund for any unused portion of the subscription.
Non-Transferable: Subscriptions are non-transferable. You may not assign or transfer your subscription or any rights or obligations under these Terms to any third party.
Automatic Renewal: Unless you cancel your subscription before the end of the current billing cycle, your subscription will automatically renew, and you authorize us to collect the applicable subscription fees using any payment method we have on record for you.
6. Limitation of Liability
SpotOn Fishing and its affiliates shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising from:
Use of Non-Navigational Data: Your use of the App's maps and data for navigation or any other unintended purpose.
Unsafe Use: Use of the App while operating a vehicle or any activity that may distract you from safe operation.
Data Reliance: Reliance on any information, maps, or data obtained from the App, especially for navigational or operational purposes.
Unauthorized Actions: Any unauthorized access to or alteration of your data.
Third-Party Content: Actions taken based on content or services provided by third parties through the App.
7. Data Usage and Privacy
Data Collection: The App may collect certain data to improve user experience. Please refer to our Privacy Policy for detailed information.
Prohibited Actions:
Data Misuse: You agree not to steal, share, distribute, reproduce, or misuse any proprietary data, maps, or content from the App.
Intellectual Property: You shall not infringe upon the intellectual property rights of SpotOn Fishing or any third parties.
User Content: If you submit any content, you grant SpotOn Fishing a non-exclusive, royalty-free license to use, reproduce, modify, and display such content within the App.
8. Intellectual Property Rights
All content, features, and functionality on the App (including but not limited to text, graphics, maps, logos, and software) are the exclusive property of SpotOn Fishing and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
9. Prohibited Conduct
You agree not to:
Reverse Engineering: Reverse engineer, decompile, or disassemble any part of the App.
Unlawful Use: Use the App for any unlawful purpose or in violation of any local, state, national, or international law.
Unauthorized Distribution: Share, distribute, or transmit any content, maps, or data obtained from the App without explicit written permission from SpotOn Fishing.
10. Updates and Modifications
SpotOn Fishing reserves the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice. We may also update these Terms from time to time. Continued use of the App after any such changes shall constitute your consent to such changes.
11. Termination
We reserve the right to terminate or suspend your access to the App immediately, without prior notice, for any reason whatsoever, including but not limited to breach of these Terms.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
13. Indemnification
You agree to defend, indemnify, and hold harmless SpotOn Fishing and its affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt arising from:
Your Use of the App: Including but not limited to any use of the maps and data for navigation, unsafe operation of vehicles, or other unintended purposes.
Violation of Terms: Your violation of any term of these Terms.
Third-Party Rights: Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court, the remaining provisions shall remain in effect.
15. Entire Agreement
These Terms constitute the entire agreement between you and SpotOn Fishing regarding the App and supersede any prior agreements.
16. Contact Information
For any questions or concerns about these Terms, please contact us at:
Email: info@SpotOn.Fishing
Address: Boca Raton, FL, USA
Privacy Policy
SpotOn Fishing and SpotBot AI Privacy Policy
Last Updated: 10/20/2024
At SpotOn Fishing ("we," "us," or "our"), we are committed to protecting your privacy and ensuring that your personal information is handled securely and responsibly. This Privacy Policy outlines how we collect, use, disclose, and safeguard your information when you use our mobile application ("the App") and services, regardless of where you are located in the world. By accessing or using the App, you agree to this Privacy Policy. If you do not agree with the terms, please do not use the App.
1. Acceptance of This Policy
By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy and our Terms and Conditions.
2. Information We Collect
2.1 Personal Information
We may collect personally identifiable information ("Personal Information") that you voluntarily provide to us when you:
Account Creation: Name, email address, username, password.
Subscription Services: Billing information such as credit/debit card numbers, billing addresses.
Customer Support: Any information you provide when communicating with us.
Surveys and Promotions: Responses to surveys, participation in promotions or contests.
2.2 Usage Data
We may automatically collect information about how you access and use the App ("Usage Data"):
Device Information: Type of mobile device, unique device ID, IP address, operating system, browser type.
Log Data: Access times, pages viewed, clicks, app features used.
Location Data: Precise or approximate location information, if you permit it.
Cookies and Tracking Technologies: We use cookies, beacons, tags, and scripts to collect and track information.
2.3 Aggregated Data
We may aggregate and anonymize Personal Information to analyze trends, conduct research, and improve the App. Aggregated data does not identify you personally.
3. How We Use Your Information
We use the collected information for various purposes:
Provide Services: To operate and maintain the App, process transactions, and provide customer support.
Personalization: To personalize your experience, such as recommending fishing spots or content.
Communications: To send transactional communications, updates, security alerts, and support messages.
Marketing: To send promotional materials, newsletters, offers, and other information that may interest you.
Analytics: To monitor and analyze usage and trends to improve the App.
Legal Compliance: To enforce our Terms and Conditions, comply with legal obligations, and protect rights, property, or safety.
4. Legal Basis for Processing Personal Data
4.1 General Data Protection Regulation (GDPR)
If you are located in the European Economic Area (EEA), our legal basis for processing your Personal Information depends on the context:
Contractual Necessity: Processing is necessary for the performance of a contract with you (e.g., providing services).
Consent: You have given explicit consent for specific purposes.
Legitimate Interests: Processing is in our legitimate interests (e.g., improving services), and not overridden by your data protection rights.
Legal Obligations: Compliance with legal or regulatory obligations.
4.2 California Consumer Privacy Act (CCPA)
If you are a California resident, we process your Personal Information in accordance with the CCPA.
5. Disclosure of Your Information
5.1 Third-Party Service Providers
We may share your information with third-party vendors and service providers who perform services on our behalf:
Payment Processors: To process billing transactions securely.
Analytics Providers: To analyze usage data and improve the App.
Cloud Storage Services: To store data securely.
Marketing Partners: To assist in marketing and promotional efforts.
These parties are contractually obligated to protect your information and use it only for the purposes we specify.
5.2 Business Transfers
In the event of a merger, acquisition, financing, or sale of assets, your information may be transferred to a third party as part of that transaction.
5.3 Legal Compliance and Protection
We may disclose your information:
Legal Requirements: To comply with legal obligations, court orders, or governmental requests.
Protect Rights and Safety: To enforce our Terms and Conditions, investigate fraud, or protect the rights, property, or safety of our users or others.
5.4 International Data Transfers
Your information may be transferred to and processed in countries other than your own. These countries may have data protection laws that are different from the laws of your country. We ensure that adequate safeguards are in place to protect your information.
6. Data Security
We implement a variety of security measures to maintain the safety of your Personal Information:
Encryption: Data transmitted between your device and our servers is encrypted using SSL/TLS technology.
Access Controls: Access to Personal Information is restricted to authorized personnel who need it for their job functions.
Security Audits: Regular security assessments to identify and mitigate vulnerabilities.
Despite these measures, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.
7. Retention of Data
We retain your Personal Information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law:
Account Information: Until you delete your account or as required by law.
Transactional Data: As long as necessary to comply with legal obligations (e.g., tax and accounting laws).
Marketing Data: Until you opt-out of receiving marketing communications.
8. Your Rights and Choices
8.1 Access and Correction
You have the right to access, update, or correct your Personal Information at any time by logging into your account or contacting us.
8.2 Deletion
You may request the deletion of your Personal Information. We will comply unless we are required to retain it for legitimate business or legal purposes.
8.3 Objection and Restriction
You have the right to object to or request the restriction of processing your Personal Information under certain circumstances.
8.4 Data Portability
You have the right to receive a copy of your Personal Information in a structured, machine-readable format.
8.5 Withdrawal of Consent
If we process your Personal Information based on consent, you have the right to withdraw your consent at any time.
8.6 Opt-Out of Marketing Communications
You may opt-out of receiving promotional emails by following the unsubscribe instructions in those emails or by contacting us.
8.7 Cookies and Tracking Technologies
Most web browsers are set to accept cookies by default. You can adjust your browser settings to refuse cookies or alert you when cookies are being sent.
8.8 Complaints
If you believe we have infringed your rights, you have the right to lodge a complaint with a supervisory authority.
9. Children's Privacy
Our App is not intended for individuals under the age of 16 ("Children"). We do not knowingly collect Personal Information from Children. If you become aware that a Child has provided us with Personal Information, please contact us immediately. We will take steps to delete such information promptly.
10. Third-Party Links and Services
The App may contain links to third-party websites, services, or advertisements that are not owned or controlled by us. We are not responsible for the privacy practices of such third parties. We encourage you to review their privacy policies before providing them with your Personal Information.
11. International Users
Regardless of where you are located, you consent to the processing and transfer of your information in and to the United States and other countries. These countries may have different data protection laws than your country.
12. Do Not Track Signals
Our App does not respond to Do Not Track ("DNT") signals. Third-party applications that track users over time and across different websites may not change their tracking practices in response to DNT settings in your web browser.
13. Changes to This Privacy Policy
We may update our Privacy Policy from time to time. Significant changes will be notified through the App or via email. The "Last Updated" date at the top indicates when the latest changes were made. Your continued use of the App after any changes indicates your acceptance of the updated Privacy Policy.
14. Data Protection Officer
We have appointed a Data Protection Officer ("DPO") responsible for overseeing questions related to this Privacy Policy. If you have any questions, please contact the DPO at info@SpotOn.Fishing.
15. Contact Us
If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:
Email: info@SpotOn.Fishing
Address: SpotOn Fishing, Boca Raton, FL, USA