Effective Date: 16th September 2024

Welcome to Spootlight, a platform designed to provide custom review management solutions that help local businesses generate positive customer reviews and handle feedback effectively. These Terms of Service ("Terms") represent a binding legal agreement between you ("User," "you") and Spootlight ("we," "our," or "us"). By accessing or using Spootlight’s services, including the website (spootlight.com) and any associated tools, products, or applications, you agree to comply with these Terms. Please read them carefully. If you do not agree with these Terms, you must discontinue your use of our services immediately.

1. Acceptance of Terms
   By using Spootlight, you agree to these Terms, including any amendments that may be made in the future. We reserve the right to modify these Terms at any time, and such changes will become effective immediately upon posting on our website. It is your responsibility to review these Terms regularly. Continued use of Spootlight after any modifications constitutes your acceptance of the updated Terms. If at any point you no longer agree to the current Terms, your sole remedy is to cease using the services. Additionally, by agreeing to these Terms, you confirm that you are at least 18 years old or are legally permitted to enter into such an agreement.
   
   

2. Description of Service
   Spootlight provides custom-designed landing pages and bespoke review collection tools to help businesses elevate their online reputation and customer engagement. Our service is tailored to each client, creating unique landing pages that showcase your brand while making it easy for customers to leave reviews. In addition, we design personalized review-collecting cards that encourage customer feedback in a seamless and engaging way. Spootlight integrates with major review platforms like Google, TripAdvisor, and Yelp to amplify your business’s visibility.

As a subscription-based service, Spootlight offers continuous design, development, and maintenance of your landing pages and review tools. We reserve the right to modify, suspend, or discontinue any aspect of the service at any time without prior notice. While we strive for excellence, Spootlight cannot guarantee uninterrupted or error-free operation and is not liable for any disruptions due to technical issues, maintenance, or upgrades.

3. Eligibility and User Obligations
   To access and use Spootlight, you must be at least 18 years old or have obtained the consent of a legal guardian who agrees to be bound by these Terms on your behalf. By registering for an account, you confirm that all information provided is accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach. As a user of Spootlight, you agree not to engage in any activity that violates applicable laws, infringes on the rights of others, or interferes with the normal functioning of our services. This includes, but is not limited to, the unauthorized distribution of copyrighted content, the dissemination of harmful software, or the exploitation of our services for illegal purposes.
   
   

4. Account Registration and Management
   To use certain features of Spootlight, you must create an account by providing a valid email address and password. You may also be required to provide additional information such as your full name, company name, billing address, and payment information. It is your responsibility to ensure that the information provided remains accurate and up-to-date at all times. You agree not to create an account on behalf of someone else or impersonate any individual or entity. Spootlight reserves the right to suspend or terminate your account if any information provided is found to be false or misleading. Additionally, you may not share your account credentials with others or use another user’s account without their explicit permission. In the event of unauthorized use, Spootlight is not responsible for any loss or damage arising from your failure to comply with these obligations.
   
   

5. Payment Terms and Subscription
   Spootlight operates on a subscription-based model, and users must pay a recurring fee to access its features. The specific pricing and billing terms are outlined on our website and may vary based on the plan selected. By subscribing to a paid plan, you authorize us to charge the payment method provided for all applicable fees. Subscription fees are charged in advance and are non-refundable unless otherwise specified. You are responsible for any taxes, duties, or other charges that may apply to your purchase. If payment is not successfully processed due to invalid payment information or insufficient funds, we may suspend or terminate your access to the service. You may cancel your subscription at any time, but you will not be entitled to a refund for any unused portion of your subscription period unless required by law.
   
   

6. Use of Service and Restrictions
   Spootlight grants you a limited, non-exclusive, non-transferable license to use the service for lawful purposes. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of our software. Additionally, you agree not to modify, copy, distribute, or exploit any part of our services without our prior written consent. You may not use Spootlight to transmit any content that is unlawful, harmful, defamatory, or infringes on the intellectual property rights of others. Any violation of these restrictions may result in the suspension or termination of your account, as well as potential legal action.
   
   

7. Data Privacy and Security
   Spootlight is committed to protecting your privacy. Our Privacy Policy outlines how we collect, use, and safeguard your personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) for EU users and the California Consumer Privacy Act (CCPA) for users in the United States. By using our services, you consent to the collection and use of your data as described in our Privacy Policy. We take reasonable measures to protect your data from unauthorized access, but we cannot guarantee absolute security. In the event of a data breach, we will notify affected users and take appropriate steps to mitigate the damage. You are responsible for ensuring the security of any data you store or transmit through Spootlight, and we are not liable for any data loss or unauthorized access resulting from your failure to maintain proper security measures.
   
   

8. Intellectual Property
   All content, including software, design, text, images, logos, and trademarks provided by Spootlight, is the property of Spootlight or its licensors and is protected by intellectual property laws. You are granted a limited, revocable license to access and use the services for personal or business purposes in accordance with these Terms. You may not reproduce, modify, or create derivative works from our content without our prior written consent. Unauthorized use of any of our intellectual property may result in the termination of your account and legal action.
   
   

9. Limitation of Liability
   To the fullest extent permitted by law, Spootlight is not liable for any indirect, incidental, or consequential damages arising from your use or inability to use our services. This includes, but is not limited to, lost profits, data loss, or business interruption. We provide the services "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Spootlight’s total liability for any claim related to the use of our services is limited to the amount paid by the user for the services in the 12 months preceding the claim.
   
   

10. Indemnification
    You agree to indemnify and hold harmless Spootlight, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the service, violation of these Terms, or infringement on the rights of others. This indemnification obligation will survive the termination of your account or use of our services.
    
    

11. Termination of Service
    Spootlight reserves the right to suspend or terminate your account at any time for any reason, including but not limited to a violation of these Terms. Upon termination, you will lose access to all services and data associated with your account. Spootlight may retain your data for a reasonable period after termination, but we are under no obligation to maintain your account or data. You may request account deletion by contacting support, but certain legal or contractual obligations may require us to retain your data for a specified period.
    
    

12. Governing Law and Dispute Resolution
    These Terms are governed by and construed in accordance with the laws of Italy. Any disputes arising from these Terms or your use of the services will be resolved through binding arbitration in accordance with the rules of the Milan Chamber of Arbitration. Both parties waive the right to a trial by jury. You agree that any claim must be filed within five working days of the occurrence or it will be forever barred.
    
    

13. Contact Information
    For any questions or concerns regarding these Terms, you can contact us at:

• Email: legal@spootlight.com

• Address: VIA BOCCHETTO 6, 20123 MILANO, IT