Privacy & Terms

Privacy Policy

Version 1.0
Effective Date: March 3, 2021 

Spot Meetings Inc, its subsidiaries and other entities within its corporate group structure (collectively, “we”, “us”, “our” or “Spot”) respect the privacy of our users and we are committed to informing you about how we collect, use, and share Personal Information about you which is submitted by you or on your behalf. This Privacy Policy describes our practices with respect to the information we collect from or about our users in connection with the Spot website, portal, and/or mobile application (collectively, the “Services”). This Privacy Policy applies to persons anywhere in the world who use the Services.Please read this Privacy Policy carefully to understand how we will treat your Personal Information (as defined below). By continuing to browse the website or purchase or use any of the Services you are deemed to have accepted the terms of this Privacy Policy. In addition, we recommend that you review our Privacy Policy periodically, because we may revise it at any time. We are constantly trying to improve Spot, so this Privacy Policy may need to change. We reserve the right to change the Privacy Policy at any time, but if make material changes to the way we handle personal data, we will bring them to your attention by placing an updated version of this Privacy Policy on our website, by sending you an email, and/or by some other means. The “Effective Date” at the top of this page indicates when our Privacy Policy was last revised.  Each time you use the Services or provide us with information, you accept the practices described in this Privacy Policy as applicable at that time. We may supplement this Privacy Policy with “just-in-time” notices, or other disclosures contained within or in connection with the provision of the Services, which may describe in more detail our data collection, use and sharing practices. Unless we say otherwise, such supplemental privacy statements will govern how we may process the information in the context of the specific product or service.

What this privacy policy covers

This Privacy Policy applies to the personal data we process as a data controller, that is, as the party that determines what data to collect and why. You provide some of this data directly, and we get some of it by collecting data about your interactions, use, and experiences with the Services. The data we collect depends on the context of your interactions with Spot and the choices you make, including the products and features you use. We also obtain data about you from third parties.When you use the Services through a Spot account holder, such as your employer, the processing of your personal data is determined and administered by that account holder under its privacy policies. If you have questions about how and why your personal data is collected, the legal basis for processing, or requests regarding your personal data, please refer to the account holder’s privacy statement and direct your inquiries to the account holder or its administrator.

Personal information and other information processed by Spot

Spot processes both Personal Information and Other Information about its users through their use of and in connection with the Services.  For purposes of this Privacy Policy (i) “Personal Information” is information relating to a person who is identified in that data or who is, together with other data, identifiable; and (ii) “Other Information” is any additional information that Spot collects about our users that is not Personal Information.

Personal Information you provide: you may give us your Personal Information directly, for example, when you correspond with us (for example, without limitation, by email, phone, skype, Spot, or chat), register to use Spot, access our mobile applications or services, create an account with us or otherwise use the Services. The Personal Information you give us directly will usually include your name, address, email address, social media details, contact details, emergency contact details, billing information, photos, videos, voice recordings and information about your family and friends. It also includes the information provided in your application forms such as employment history and current employment details, income details, travel plans, personal and professional goals, languages, nationality and residency, passport details, background check and identity check details (including details of any criminal offences), health data, details of personal interests, lifestyle details, sexual orientation, accommodation preferences and insurance details. All information and content submitted by you to Spot may be retained by us indefinitely, even after you terminate your account. We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.We may use your contact information to send you information about the Services. You may unsubscribe from some of these messages by using the unsubscribe link provided in each email, although, we reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.

Personal data we process and how we use it

Personal Information we collect: we may combine Personal Information collected through the Services with Other Information that we or third parties collect about you in other contexts—such as our communications with you via email, phone or otherwise or your customer service records.  Additionally, if you register for or access the Services using a third party service, we may receive Personal Information that you allow such third party service to share with us.  You acknowledge that this information may be personal to you, and by creating an account and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We will treat all such information, to the extent combined with Personal Information, as Personal Information and protect it in accordance with this Privacy Policy. 
The table below describes Spot’s processing of personal data as a data controller. The table does not cover customer content, including any personal data about you that may be contained in customer content—such as meeting or call recordings or transcripts—because the customer (the Spot account holder), rather than Spot, controls how customer content is processed. Any questions about the processing of customer content should be addressed to the customer directly.


Type of personal data
Account User Data Information we collect when you register for a free Spot Account, such as: Date of birth (for age-verification purposes only, Spot does not retain or use this information for any other purpose), First Name, Last Name, Phone (optional), Email, Language preference, User IDs and Password (if Single Sign On is not used), Profile Picture for avatar (optional)Department (optional), Meeting schedule.

How we get it
From the free Spot Account registrant

What we do with it
- Enroll you in the Services
- Display your user avatar to meeting participants.
- Provide you with support
- Send marketing communications, where permitted
- Provide announcements related to software updates, upgrades, and system enhancements
- Run opt-in contests, sweepstakes or other promotional activities
- Provide you with Spot event information and offers from us or Spot event co-sponsors

Legal Basis
[Applies only in the EEA, and only within the meaning of the EU’s General Data Protection Regulation (GDPR)]

- Contract
- Legitimate Interests


Type of personal data
Paid Account Holder DataInformation we collect for a Paid Spot Account, such as: Spot Account User Data (listed above), Billing name, Billing phone, Billing address, Payment method, Company Name (if applicable), Employee count (if applicable).

How we get it
From the free Spot Account registrant

What we do with it
- Create a Spot Account
- Provide Spot services
- Respond to requests for support
- Send marketing communications, where permitted
- Provide announcements related to software updates, upgrades, and system enhancements

Legal Basis
[Applies only in the EEA, and only within the meaning of the EU’s General Data Protection Regulation (GDPR)]

- Contract
- Legitimate Interests


Type of personal data
Operation DataTechnical information from Spot’s software or systems hosting the Services, and from the systems, applications and devices that are used to access the Services, such as:
- Configuration Data: information about the deployment of Spot Services and related environment information.Meeting metadata: metrics about when and how meetings were conducted.
- Feature Usage Data: information about if and how Service features were used.
- Performance Data: metrics related to how the Services perform.Service Logs: information on system events and states.

How we get it
Automatically through use of the Services

What we do with it
- Facilitate the delivery and optimization of the Services
- Monitor performance of our data centers and networks
- Provide Account dashboards and reports
- Provide support
- Maintain the security of our infrastructure and Services
 - Administer our disaster recovery plans and policies
- Detect, investigate and stop fraudulent, harmful, unauthorized or illegal activity (“fraud and abuse detection”)
- Confirm compliance with contractual obligations
- Comply with legal obligations
- Create anonymized and/or aggregated data to improve our products and for other lawful business purposes

Legal Basis
[Applies only in the EEA, and only within the meaning of the EU’s General Data Protection Regulation (GDPR)]

- Contract
- Legitimate interests
- Protect vital interestsLegal compliance


Type of personal data
Support and Feedback Data, such as:
- Support Data: information that has been provided by a customer to Spot or is otherwise processed in connection with support activities such as support chats or calls (including recordings of those calls) and Service support tickets.
- Survey Data: feedback from in-service Survey data relates to a customer’s Net Provider Score (“NPS”) and other similar in-Service surveys or feedback in relation to use of the relevant Services.

How we get it
Directly from a Spot user

What we do with it
- Respond to requests for support
- Conduct anonymized, aggregated analytics to improve performance

Legal Basis
[Applies only in the EEA, and only within the meaning of the EU’s General Data Protection Regulation (GDPR)]

- Contract
- Legitimate interests


Type of personal data
 Approximate Location (e.g., nearest city or town)

How we get it
Automatically through your use of the Services

What we do with it
- Connect you to the nearest data center
- Comply with privacy and other laws – for example, so we can provide you with the right notices for your area
- Suggest choices such as language preferences
- Monitor performance of our data centers and networks
- Route support requests

Legal Basis
[Applies only in the EEA, and only within the meaning of the EU’s General Data Protection Regulation (GDPR)]

- Contract
- Legitimate interests
- Legal obligation


Type of personal data
Persistent Identifiers on Marketing Pages. Data collected through the use of cookies and pixels from tools (such as Google Analytics andGoogle Ads), such as: Internet protocol (IP) addresses, Browser type, Internet service provider (ISP), Referrer URL, Exit pages, the files viewed on our marketing sites (e.g., HTML pages, graphics, etc.), Operating system, and Date/time stampApproximate location (e.g., nearest city or town). Please see our Cookie Policy for more detail.

How we get it
Depending on how you choose to configure our cookie preference tool, we may collect this info automatically from our Marketing Pages and other online services

What we do with it
- Analyze how our website is used so we can improve your experience
- Complete orders and remember your settings
- Identifying language preferences
- Evaluate the success of our Marketing campaigns
- Marketing, including facilitating tailoring of advertising you see when you are on other online services

Legal Basis
[Applies only in the EEA, and only within the meaning of the EU’s General Data Protection Regulation (GDPR)]

- Contract
- Legitimate interests


Type of personal data
Persistent Identifiers on Product Pages. These are third-party cookies that are necessary for technical support and to deliver the service. Please see our Cookie Policy for more detail.

How we get it
Automatically when you use the Services from your web browser

What we do with it
- Provide the Service
- Provide Technical Support

Legal Basis
[Applies only in the EEA, and only within the meaning of the EU’s General Data Protection Regulation (GDPR)]

- Contract
- Legitimate interests


Type of personal data
Marketing Data: Data enrichment services (only in connection with Marketing Pages), Email marketing lists (where permitted under applicable law)

How we get it
From Third Parties and public sources

What we do with it
- Marketing activities
- Sending marketing communications
- Providing tailored information about our Services

Legal Basis
[Applies only in the EEA, and only within the meaning of the EU’s General Data Protection Regulation (GDPR)]

- Legitimate interests


Type of personal data
Spot sponsored or co-sponsored: Event Attendee information, Event title & details, Name, Email address, Employer (if applicable), Job Title (if applicable)

How we get it
From you or the party responsible for registering you for a Spot sponsored event

What we do with it
- Communicate with you about the event
- Run opt-in contests, sweepstakes or other promotional activities
- Provide you with information and offers from us or event co-sponsors

Legal Basis
[Applies only in the EEA, and only within the meaning of the EU’s General Data Protection Regulation (GDPR)]

- Contract
- Consent
- Legitimate interests

How we share information with third parties

Subject to applicable law, we may share your Personal Information and Other Information:

with partners and other third-party service providers: to operate Spot Services we may share your Personal Information with our partners and other service providers. These service providers may provide us with support services such as origination of communications, receipt or support services, customer relationship management services and order fulfillment.

with Spot partners: we may share your Personal Information or Other Information with our parent company and other subsidiary or sister entities, each of whom will comply with the terms of this Privacy Policy with respect to its use and disclosure of such Personal Information. 

with third-parties through their websites: the Services may enable you to share information directly on or through websites or online services operated by third parties. For example, the Services may contain links to third-party websites. If you choose to browse such websites, you may disclose your Personal Information to those third-party websites. Spot is not liable for the content or action of such third-party websites.  

user information: some of your activity and information provided on and through the Services may be public (such as your user name). Please remember that if you choose to provide Personal Information using certain public features of the Services then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. 

with our agents: we also employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

for legal purposes and the protection of others: we may disclose your Personal Information and Other Information for Spot’s legitimate business interests or to comply with applicable law, investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions and Privacy Policy or to cooperate with regulatory authorities or law enforcement, to establish, exercise or defend our legal rights or defend against legal claims. We also reserve the right to disclose any information to respond to user support requests or protect our rights, property or safety, our users, and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

pursuant to business transfers: in some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

aggregated information. from time to time, Spot may also share anonymized and aggregated information about users of the Services such as by publishing a report or providing information to our business partners on trends in the usage of the Services and demographic of users. We use and share this type of data so that we and our business partners can understand how and how often people use our and their services or websites, which facilitates improving our Services, their services and how our Services interface with their services. In addition, these business partners may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

information we share with your consent: except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

Cookie Policy

Cookies are small data text files that save on your computer or mobile device when you access a website. Your browser stores cookies in a manner associated with each website you visit. Cookies enable websites to remember your actions and preferences (such as login, language and other display preferences) over a period of time. To make the Services work properly, we sometimes use cookies. Spot uses cookies to enable our servers to recognize your web browser and tell us how and when you visit and otherwise use our services and website through the Internet, to analyze trends, and to learn about our user base.We may combine non-personally identifiable information collected through cookies with other Personal Information that we have about you, for example, to tell us who you are or whether you have an account.  We may also supplement the information we collect from you with information received from third parties in order to enhance our services, or to offer you information that may be of interest to you. Most browsers automatically accept cookies, and have an option for turning off the cookie feature, which will prevent the browser from accepting new cookies, as well as (depending on the sophistication of the browser software) allowing the user to decide on the acceptance of each new cookie in a variety of ways. If you choose to decline cookies, some parts of the Services may not work as intended or may not work at all.
For more details, see aboutcookies.org. Please reference the chart below to learn more about the kinds of cookies we use and for what purpose.

Type of Cookie
Description and further information
Essential Cookies
Essential cookies are cookies that enable you to navigate and use all the features provided through our Services. Without these, you would not be able to navigate between pages and be served various pages.

Examples: encrypted and cryptographically signed session cookie, used to identify you to our servers after you log in; flash: temporarily stores messages and alerts that we display on-screen to you.
Functionality Cookies
These cookies enable us to remember you have visited us before, including any preferences you have provided and/or selected to give you a tailored experience.
Tags:
_rails_app_sessionrack.
sessionryu_brid
Performance and Analytical Cookies
This information is used to help us understand your interactions with the Services. We use this information with various analytics applications to improve the Services and better target various offerings to users. Examples: ga : Google Analytics identifier.We use third parties, for example, Google Analytics, to analyze statistical information from users of our Services.
Tags:
Google Analytics (Analytics)
Google Optimize
Facebook Pixel (Conversions)
Bing UET Conversion Pixel
Retargeting or Advertising Cookies
Third parties may also use such tracking technologies to serve ads that they believe are most likely to be of interest to you and measure the effectiveness of their ads both on the Services and on other websites and online services. Targeting and advertising cookies we use may include Google Analytics, Facebook Pixel, LinkedIn Insights tag and others. 

Tags:
Google Analytics (Audiences)
Google Optimize
Facebook Pixel (Custom Audiences)
Bing UET Retargeting Pixel
LinkedIn Insights tag - If you are not a LinkedIn member, learn more about cookies and how to opt out.

We use cookies to help us improve, promote, and protect our services. By continuing to use the Services, you agree to our cookie policy. This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.

Here we store your information

The information that we collect from you may be transferred to, and stored at, a destination (a “third country”) outside the country or region in which you are resident or use the Services, including in the United States of America where data protection laws are not deemed to be as adequate as other regions (e.g. Europe). The data protection laws in these third country countries may be less adequate compared to your country of residence. By using the Services, you agree to this transfer, storing or processing of your laws in such third countries.

Our security precautions

Spot uses commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information against loss or unauthorized access, use, modification or deletion and ensure that your data is treated in accordance with this Privacy Policy, but no security program can be guaranteed to be 100% secure. As a result, Spot cannot guarantee the security of any information obtained or processed by Spot or its service providers, and you use the Services at your own risk. Additionally, you are responsible for preventing unauthorized access to your account and Personal Information by protecting your account credentials and limiting access to your devices.

Your rights

You may, under applicable law, have the right to ask us not to process your Personal Information for marketing purposes.  If you do not wish to receive marketing communications from Spot, please follow the opt-out instructions contained in each such communication or any time by contacting us at privacy@meetwithspot.com.  Please note that you may not be able to opt-out of certain non-marketing communications about your account or communications that are reasonably necessary to provide services to you, and that opting-out of receiving text messages or other communications, as applicable, may impact your use of the Services or may limit Spot’s ability to provide services to you.Please note that it may take up to 30 days for your withdrawal to be reflected in our systems following confirmation of your request to opt-out.  Therefore, you may still receive certain communications during this period.

Opting out of interest based advertising: We use Google and Facebook services to advertise to you. Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy. We have implemented demographics and Interests Reporting.Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on. Through the Digital Advertising Alliance (“DAA”) and Network Advertising Initiative (“NAI”), several media and marketing associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about interest-based ads from participating third parties and to opt out of receiving certain cookies and certain trackers, please visit the DAA’s or NAI’s consumer opt out pages, which are located at http://www.networkadvertising.org/
choices/ or www.aboutads.info/choices or http://youronlinechoices.eu. 
Do not track: Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites. The Services does not currently support the Do Not Track options offered by most major browsers. For more information about DNT signals, visit  http://allaboutdnt.com.
Accessing and editing information: Spot provides you with the ability to view, update, access, edit and correct your Personal Information through our mobile application and website.You may have additional rights under applicable law to access information we hold or share about you but any access request may be subject to a reasonable fee, to the extent permissible under applicable law, to meet our costs in providing you with details of such information.    

Children's privacy

The Services are designed for adults only and are not available to children (i.e. persons who are under 18 years of age) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are an adult and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Privacy Policy. We reserve the right to verify your information and can exercise our absolute discretion not to provide any Services to you if we are not satisfied that you are an adult. If a child has provided us with Personal Information, a parent or legal guardian of that child may contact us as described below. Upon confirmation, we will then make reasonable efforts to delete the child’s Personal Information from our applicable database.

Contact

Questions, comments, and requests regarding this Privacy Policy should be addressed to privacy@meetwithspot.com.

European Privacy Rights
If you reside in the European Economic Area, you may have the right to exercise certain privacy rights available to you under applicable laws. We will process your request in accordance with applicable data protection laws. We may need to retain certain information for record-keeping purposes or to complete transactions that you began prior to requesting any deletion.
- Right not to provide consent or to withdraw consent. We may seek to rely on your consent in order to process certain personal data. Where we do so, you have the right not to provide your consent or to withdraw your consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.
- Right of access and/or portability. You may have the right to access the personal data that we hold about you and, in some limited circumstances, have that data provided to you so that you can provide or “port” that data to another provider.
- Right of erasure. In certain circumstances, you may have the right to the erasure of personal data that we hold about you (for example if it is no longer necessary for the purposes for which it was originally collected).
- Right to object to processing. You may have the right to request that Zoom stop processing your personal data and/or to stop sending you marketing communications.
- Right to rectification. You may have the right to require us to correct any inaccurate or incomplete personal information.
- Right to restrict processing. You may have the right to request that we restrict processing of your personal data in certain circumstances (for example, where you believe that the personal data we hold about you is not accurate or lawfully held).
- Right to lodge a complaint to your local Data Protection Authority. If you are an EEA resident, you have the right to complain to a data protection authority about our collection and use of your personal data.

How to Exercise Your Rights
To exercise any of the rights above, email us at privacy@meetwithspot.com.
You may also submit a request to the following address: Spot Meetings Inc. 2701 W Thomas St., Chicago, IL 60622
Please identify yourself and specify your request. If you have a password protected Spot account, we will use your account information to verify your identity. If not, we will ask you to provide additional verification information. What we request will depend on the nature of your request, how sensitive the information is, and how harmful unauthorized disclosure or deletion would be.
We use commercially reasonable efforts to delete your personal data as required but retain records necessary to comply with a governmental authority or applicable federal, state, or local law. Where legally permitted, we may decline to process requests, including requests that are unreasonably repetitive or systematic, require disproportionate technical effort, or jeopardize the privacy of others.

Data Protection Officer
is our Data Protection Officer for the EEA and can also be contacted at privacy@meetwithspot.com.

Terms of Service

Version 1.0
Effective Date: March 3, 2021 

These Terms of Service contain important information about your use of and access to the website, application, products, and other services (collectively the “Services”), offered by Spot Meetings Inc (collectively with its subsidiaries, affiliates, managers, directors, members, successors, employees, agents, representatives, and assigns referred to herein as “Spot”), including future changes to these Terms of Service, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. 
By accessing the Spot website, using the Spot app, or otherwise utilizing the Services, you agree to be bound by these Terms of Service, order forms, and all incorporated policies (the “Agreement” or “TOS”). The Services are not available to persons who are not legally eligible to be bound by these Terms of Service.

The Services

Spot will provide the Services and you may access and use the Services in accordance with this Agreement. Spot will provide the Services as described on the Order Form, and standard updates to the Services that are made generally available by Spot during the term. Spot may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Spot may, from time to time, offer access to services that are classified as Beta versions. Access to and use of Beta versions may be subject to additional agreements. Spot makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and your use of a Beta version is at your sole risk.

System Requirements

Use of the Services requires one or more compatible devices, telephone and/or Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility

Use of Services and your responsabilities

You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for your and use of the Services and the use of the Services by anyone with access to your account (“End Users”) and shall abide by, and ensure compliance with, all Laws in connection with your and each End User’s use of the Services, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.

a- Registration Information. You may be required to provide information about yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party.
b- Your Content. You agree that You are solely responsible for the content ("Content") sent or transmitted by you or displayed or uploaded by you in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that you have the right to upload the Content to Spot and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Spot be liable in any way for any (a) Content that is transmitted or heard while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Spot is not responsible for any Content, Spot may delete any Content, at any time without notice to you, if Spot becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights you already hold in Content which you submit through the Services.
c- Recordings. You are responsible for compliance with all recording laws. The host can choose to record Spot meetings and calls. By using the Services, you are giving Spot consent to store recordings for any or all Spot meetings or calls that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or call.
d- Prohibited Use. You agree that you will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Spot’s networks, your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Spot or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Spot’s security systems; (ix) use the Services in violation of any Spot policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and you agree that you are solely responsible for compliance with all such laws and regulations.
e- Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless you have been specifically permitted to do so under a separate agreement with Spot. You may not offer or enable any third parties to use the Services purchased by you, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
f- Responsibility for End Users. You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any Spot policies. Spot assumes no responsibility or liability for violations. Under no circumstances will Spot be liable in any way for any data or other content heard while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

Spot Obligations for Content

Spot will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. Spot will notify you if it becomes aware of unauthorized access to Content. Spot will not access, view or process Content except (a) as provided for in this Agreement and in Spot’s Privacy Policy; (b) as authorized or instructed by you, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. Spot has no other obligations with respect to Content.

Elegibility

You affirm that you are at least 18 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.  Your access may be terminated without warning if we believe that you are under the age of 18 or are otherwise ineligible.

Intended use; restriction on use by children

The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. Spot is not intended for use by individuals under the age of 18.

Charges and Cancellation

You agree that Spot may charge to your credit card or other payment mechanism selected by you and approved by Spot ("Your Account") all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. Spot may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Spot will provide you with prior notice and an opportunity to terminate Your Account if Spot changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Spot is unable to collect the fees owed to Spot for the Services through Your Account, Spot may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Spot in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that Spot may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not receive a refund for any service already paid for.

Termination

You may cancel the Services by contacting us at help@meetwithspot.com. If you have purchased a Service for a specific term, termination will be effective on the last day of the then-current term. Your Order Form may provide that a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term. If you fail to comply with any provision of this Agreement, Spot may terminate this Agreement immediately and retain any fees previously paid by you. Sections 3 through 19 shall survive any termination of this Agreement. Upon any termination of this Agreement, you must cease any further use of the Services. If at any time you are not happy with the Services, your sole remedy is to cease using the Services and follow this termination process. 

Propietary Rights

Spot and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("Spot Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Spot Marks, or other proprietary information (including images, text, page layout, or form) of Spot without express written consent. You may not use any meta tags or any other "hidden text" utilizing Spot Marks without Spot's express written consent.

Copyright

You may not post, modify, distribute, or reproduce in any way copyrighted material, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Spot may deny access to the Services to any user who is alleged to infringe another party's copyright.

Exports Restrictions

You acknowledge that the Services, or a portion thereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the United States and may be subject to other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). Spot will provide the U.S. export classification(s) applicable to its Services upon request. You and your End Users may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. You represent and warrant that: (i) You and your End Users (a) are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine) and that You and Your End Users will not access or use the Services, or export, re-export, divert, or transfer the Services, in or to such countries or territories; (b) are not persons, or owned 50% or more, individually or in the aggregate by persons, identified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and (c) are not persons on the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (ii) you and your End Users located in China, Russia, or Venezuela are not Military End Users and will not put Spot’s Services to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) no Content created or submitted by you or your End Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and Sanctions Laws; and (iv) you and your End Users will not take any action that would constitute a violation of, or be penalized under, U.S. antiboycott laws administered by the U.S. Department of Commerce or the U.S. Department of the Treasury. You are solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications.

No high risk use

The Services are designed for business use and are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Services shall not be used for or in any HIGH RISK environment.

Injunctive release

You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Spot and any other party authorized by Spot to resell, distribute, or promote the Services ("Resellers"), and under such circumstances Spot and its Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

No warranties

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND SPOT, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPOT, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. SPOT DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. SPOT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.

Indemnification

You agree to indemnify, defend and hold harmless Spot, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of the Services, your violation of this Agreement or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPOT OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF SPOT, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SPOT’S, ITS AFFILIATES', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

Agreement to arbitrate; waiver of class action.

If you are located in the United States, you agree to resolve disputes only on an individual basis, through arbitration pursuant to these provisions. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
Disputes
. A dispute is any controversy between you and Spot concerning the Services, any software related to the Services, the price of the Services, your account, Spot’s advertising, marketing, or communications, your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your or Spot’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to help@meetwithspot.com.
Small Claims Court Available. You may initiate an action in your local Small Claims Court if you meet the court’s requirements. However, if such a claim is transferred, removed or appealed to a different court, Spot reserves the right to require arbitration.
Arbitration Procedure. Disputes not resolved pursuant to Section a or b shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place virtually if possible. If virtual arbitration is not possible, arbitration hearings will take place in a mutually convenient agreed upon location, or in the federal judicial district of your primary business location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity .
Arbitration Fees. If you are unable to afford the arbitration costs, Spot will advance those costs to you, subject to the arbitrator’s determination if costs should be reimbursed to Spot if Spot prevails. For disputes involving more than $25,000, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.
Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.
Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the severed provision.

Privacy and other policies

Use of the Services is also subject to Spot's Privacy Policy. The Privacy Policy is incorporated into this Agreement by this reference. Additionally, you understand and agree that Spot may contact you via e-mail or otherwise with information relevant to your use of the Services, regardless of whether you have opted out of receiving marketing communications or notices.

Miscellaneous

Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of Delaware, U.S.A. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts in Delaware.
Waiver and Severability. Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
General Provisions. This Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the Parties respecting such subject matter, except that if you or your company have executed a separate written agreement or you have signed an order form referencing a separate agreement governing your use of the Services, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. Spot may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. Spot will exercise commercially reasonable business efforts to provide notice to you of any material changes to this Agreement. Within ten (10) business days of posting changes to this Agreement (or ten (10) business days from the date of notice, if such is provided), they will be binding on you. If you do not agree with the changes, you should discontinue using the Services. If you continue using the Services after such ten-business-day period, you will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain Services, you may be notified that you are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement.