Terms of Service

1. Acceptance of Terms

By creating an account or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Spoth is a platform that helps users discover tools for creators and makers. Our Services include:

• A curated directory of tools and resources
• The ability to list and promote your own tools
• Search and discovery features
• User accounts and profiles
• Boost features for increased visibility

3. User Accounts

To access certain features of our Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.

4. User Content

Our Services allow you to submit, post, and share content, including tool listings, descriptions, images, and other materials ("User Content"). You retain ownership of your User Content, but by submitting it, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, distribute, publish, and process your User Content for the purpose of operating and improving our Services.

You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not infringe any third party's intellectual property rights
• Your User Content does not violate any applicable laws or regulations
• Your User Content is accurate and not misleading

5. Prohibited Conduct

When using our Services, you agree not to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Submit false, misleading, or fraudulent content
• Harass, abuse, or harm other users
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any part of the Services
• Use the Services for any illegal or unauthorized purpose
• Transmit viruses, malware, or other malicious code
• Scrape, crawl, or spider any part of the Services without permission
• Create multiple accounts for deceptive purposes
• Manipulate or artificially inflate metrics or rankings

6. Listing and Boost Services

Tool Listings: Users may submit tools to be listed on our platform for a one-time fee. By submitting a listing, you agree that:

• The tool and its description are accurate and not misleading
• You have the right to list the tool on our platform
• The listing fee is non-refundable once the listing is published
• We reserve the right to reject or remove listings at our discretion

Boost Services: Users may purchase boost services to increase the visibility of their listings. Boost services:

• Are provided for a specified duration
• Do not guarantee specific results or metrics
• Are non-refundable once activated
• May be subject to availability and placement algorithms

7. Payments and Billing

Certain features of our Services require payment. By making a purchase, you agree that:

• You will provide accurate and complete payment information
• You authorize us to charge your payment method for all fees incurred
• All fees are stated in USD unless otherwise indicated
• Prices are subject to change with reasonable notice
• You are responsible for any applicable taxes

Payments are processed through our third-party payment processor, Stripe. Your use of Stripe is subject to their terms of service.

8. Refund Policy

Due to the nature of our digital services:

• Listing fees are non-refundable once the listing has been reviewed and published
• Boost services are non-refundable once activated
• We may, at our sole discretion, offer refunds or credits in exceptional circumstances

If you believe you are entitled to a refund, please contact us at hello@spoth.com.

9. Intellectual Property

The Services and their original content (excluding User Content), features, and functionality are owned by Spoth and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

10. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Spoth. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Spoth shall not be responsible or liable for any damage or loss caused by the use of any such third-party content, goods, or services.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Spoth does not warrant that:

• The Services will function uninterrupted, secure, or available at any time or location
• Any errors or defects will be corrected
• The Services are free of viruses or other harmful components
• The results of using the Services will meet your requirements

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPOTH, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

13. Indemnification

You agree to defend, indemnify, and hold harmless Spoth and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any claim that your User Content caused damage to a third party

14. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally, you agree to submit to binding arbitration in accordance with the rules of the American Arbitration Association.

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action or representative proceeding.

17. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

18. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and Spoth regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

20. Contact Us

If you have any questions about these Terms, please contact us at hello@spoth.com