Last updated: [Last updated: DATE TO SET ON PUBLISH]
DRAFT — pending owner review and legal sign-off. Every [bracketed] value must be filled before this page is published. This is not legal advice.
These Terms of Service (the "Terms") govern your access to and use of SpotRate
(the "Service") — the website, progressive web app and related features operated by
[Legal entity name] ("SpotRate", "we", "us").
By creating an account, signing in, or otherwise using the Service, you agree to be bound by these Terms.
If you do not agree, please do not use the Service.
These Terms work alongside our Privacy Policy, which explains how we handle
your personal information.
01 Eligibility & your account
You must be old enough to form a binding contract in your jurisdiction to use the Service. If you are under the
age of majority where you live, you may only use the Service with the involvement of a parent or guardian who
agrees to these Terms.
Some features require an account. You can sign in with an email address or through a supported identity provider
(for example, Google). You are responsible for:
Accurate details — keeping the information associated with your account current and truthful.
Account security — safeguarding access to your account and any device or inbox you use to sign in.
Activity — all activity that occurs under your account, unless it results from our breach of these Terms or unauthorised access you could not reasonably have prevented.
You may not share, sell or transfer your account, create an account on behalf of someone else without their
permission, or use the Service if we have previously suspended or removed your account.
02 Acceptable use
SpotRate exists to share genuine, first-hand experiences of real places. To keep the signal honest, you agree
not to:
Spam or flood the Service — posting repetitive, automated, bulk, or low-effort content, or scraping the Service without our prior written permission.
Impersonate any person, business, or organisation, or misrepresent your affiliation with anyone, including SpotRate.
Abuse or harass others — posting content that is harassing, threatening, hateful, defamatory, obscene, or that targets any person or group.
Manipulate ratings — submitting fake, paid, incentivised, coordinated, or self-interested ratings; rating your own venue or a competitor to distort scores; or otherwise gaming the scoring or tier system.
Post unlawful or infringing content — anything that is illegal, violates someone's intellectual-property or privacy rights, or that you do not have the right to share.
Compromise the Service — attempting to gain unauthorised access, probe or breach security or authentication measures, disrupt or overload our infrastructure, or introduce malware.
Misuse personal data — collecting or harvesting other users' information, or using the Service to send unsolicited communications.
We may investigate and take appropriate action against anyone who, in our reasonable judgement, violates this
section — including removing content, applying rate limits, or suspending or terminating accounts. We may also be
legally required to share information with law enforcement.
Access to the Service may be unavailable or restricted in certain countries or regions. [Confirm whether
to disclose the geo-blocked country list (operationally: RU, CN, NG, IN, PK, BD, ID, VN, BR, PH) here, or to state
generally that the Service is not available in all locations.]
03 Your content & ownership
"Your content" means everything you submit to the Service — including the ratings, scores, written notes and
reviews, photos, spot requests, wishlist entries, and profile details you create.
You own your content
You keep ownership of your content. These Terms do not transfer any ownership of your ratings,
photos, or notes to us. As between you and SpotRate, your content remains yours.
The licence you grant us
So that we can actually operate the Service, you grant SpotRate a worldwide, non-exclusive, royalty-free licence
to host, store, reproduce, adapt (for example, resizing or compressing images), publish, and display your content
on and through the Service — including showing it publicly within SpotRate and incorporating your ratings into
aggregated, weighted scores for the places you rate. This licence exists only to run, promote, and improve the
Service, and it ends when you delete the relevant content or your account, except that:
aggregated or de-identified scores that no longer identify you may remain part of a venue's combined rating; and
residual copies may persist for a short period in backups or where retention is required by law.
Your responsibilities for content
You represent that you own or have the necessary rights to the content you post, that it is your genuine
first-hand experience, and that it does not violate these Terms or any law or third-party right. You are solely
responsible for your content; we do not endorse it and are not responsible for opinions expressed by users.
Feedback
If you send us suggestions or feedback about the Service, you grant us the right to use it without restriction or
obligation to you.
04 Ratings, scores & moderation
SpotRate combines individual ratings into a weighted score using factors such as rater tier, trust, and how
recent a visit was. Scores, tiers, and the way they are calculated may change as we refine the Service, and no
particular score, ranking, tier, or placement is guaranteed.
We may review, moderate, edit for formatting, decline to publish, or remove any content — and adjust or withhold
a rating's weight — where we reasonably believe it breaches these Terms, distorts scores, or is inaccurate or
unlawful. Moderation is carried out on a reasonable-efforts basis and we are not obliged to monitor all content.
05 Suspension, termination & deletion
When we may suspend or terminate
We may suspend, restrict, or terminate your access to the Service (in whole or in part), with or without notice,
if we reasonably believe that:
you have breached these Terms or our acceptable-use rules;
your conduct exposes you, other users, SpotRate, or third parties to legal liability or harm;
doing so is necessary to comply with the law or a request from a competent authority; or
your account has been inactive for an extended period, or we discontinue the Service.
Where it is reasonable and lawful to do so, we will try to give you notice and an opportunity to address the
issue, but we may act immediately for serious or repeated breaches.
Your right to leave and delete
You can stop using the Service at any time. You may delete your account from your
profile. Deleting your account removes your account and associated data — including
your ratings, photos, drafts, wishlist, avatar, and spot requests — as described in our
Privacy Policy.
[Define data-retention periods before publishing] — confirm how long, if at all, residual data
(for example, backups, spot-request records and requester emails, error-monitoring events, or analytics) is kept
after deletion, and state it here and in the Privacy Policy.
What survives termination
Sections that by their nature should continue — including content ownership and licence terms for content that
remains in aggregated scores, disclaimers, limitation of liability, indemnity, and governing law — survive
termination of your account or these Terms.
06 Service availability ("as is")
The Service is provided on an "as is" and "as available" basis, without
warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for
a particular purpose, accuracy, and non-infringement, to the fullest extent permitted by law.
We do not warrant that the Service will be uninterrupted, secure, error-free, or available at any particular
time, and we make no uptime guarantee. We may modify, suspend, or discontinue all or part of
the Service — including features, scores, and content — at any time.
Ratings and scores reflect the personal opinions of users and are provided for general information only. They are
not professional advice, and you rely on them at your own discretion. Nothing in these Terms excludes or limits
any rights or guarantees you have under applicable consumer-protection law that cannot lawfully be excluded.
07 Third-party services & links
The Service relies on third-party providers (for example, hosting and database, authentication, email delivery,
analytics, and error monitoring) and may contain links to third-party websites — such as outbound map links that
open Google Maps in a new tab. Sign-in through a third-party identity provider (such as Google) is also governed
by that provider's own terms.
We do not control third-party sites and services and are not responsible for their content, availability, or
practices. Your use of them is at your own risk and subject to their terms. How we share data with our service
providers is described in our Privacy Policy.
08 Limitation of liability
To the fullest extent permitted by law, SpotRate and [Legal entity name], and our owners,
operators, and contributors, will not be liable for any indirect, incidental, special, consequential, or
punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or
relating to your use of (or inability to use) the Service.
To the extent any liability cannot be excluded, our total aggregate liability arising out of or relating to the
Service is limited to [insert cap — e.g. the amount you paid us in the 12 months before the claim, or a
fixed nominal sum]. The Service is currently provided free of charge.
Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other
liability that cannot be limited by law.
09 Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless SpotRate and
[Legal entity name] from any claims, losses, liabilities, and reasonable expenses (including
legal fees) arising out of content you submit, your use of the Service, or your breach of these Terms or of any
law or third-party right.
10 Governing law
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of
[Governing law jurisdiction — e.g. Queensland, Australia], without regard to its conflict-of-law
rules. You and SpotRate submit to the exclusive jurisdiction of the courts located in
[Governing law jurisdiction — e.g. Queensland, Australia], except where applicable law gives you
the right to bring proceedings in your local courts.
Where any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to
enforce a provision is not a waiver of it.
11 Changes to these Terms
We may update these Terms from time to time — for example, to reflect changes to the Service or for legal reasons.
When we do, we will revise the "Last updated" date at the top of this page. For material changes,
we will take reasonable steps to let you know before they take effect — such as posting a notice within the
Service or, where appropriate, emailing the address associated with your account.
Your continued use of the Service after updated Terms take effect means you accept the changes. If you do not
agree to the updated Terms, you should stop using the Service and may delete your account.
[Legal entity name] — the entity operating SpotRate. The legal entity
name and contact address above must be confirmed by the product owner before publishing.