Terms of Service

Welcome to HotSpot. These Terms of Service ("Terms") govern your use of the HotSpot mobile application (the "App") operated by HotSpot Technologies ("we," "us," or "our").

By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Eligibility

You must be at least 18 years old to use HotSpot. By using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

We reserve the right to request proof of age and to suspend or terminate accounts if we have reason to believe a user is under 18.

2. Account Registration

To use certain features, you must create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your password
• Notify us immediately of any unauthorized access
• Accept responsibility for all activity under your account

You may not use another person's account without permission or create accounts using false information.

During account setup, you are required to explicitly accept these Terms of Service and our Privacy Policy before your account can be created. By checking the acceptance box and completing registration, you confirm that you have read, understood, and agree to be bound by these Terms.

3. User Conduct

You agree not to:

• Post false, misleading, or inaccurate information about bars
• Harass, bully, threaten, or intimidate other users
• Post content that is violent, sexually explicit, hateful, or illegal
• Impersonate any person or entity
• Spam, advertise, or solicit other users
• Attempt to manipulate ratings, leaderboards, or achievements
• Circumvent any security measures or access restrictions
• Use the App for any illegal purpose
• Scrape, crawl, or collect data from the App without permission
• Interfere with the proper functioning of the App
• Use the App while operating a motor vehicle
• Use the App to circumvent blocks placed by other users

4. User-Generated Content

We have zero tolerance for objectionable content or abusive users. Users who violate these standards will have their content removed and may be permanently banned from the App.

4.1 Your Content

You retain ownership of content you submit (ratings, reviews, comments, photos, videos, and GIFs). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content in connection with the App.

4.2 Content Standards

All content must comply with these Terms and our community guidelines. Content must be:

• Accurate and honest (for bar information submissions)
• Respectful of other users
• Free of prohibited content (see Section 3)

4.3 Content Moderation

We use automated AI-powered content filtering (including OpenAI's moderation API) and human review to moderate content before and after it is posted. We may remove any content that violates these Terms without notice. We are not obligated to review all content and are not responsible for user-generated content.

4.4 Reporting

You can report content that violates these Terms using the report feature available on posts, comments, replies, user profiles, bars, and deals. We act on reports within 24 hours by removing objectionable content and ejecting the user who provided the offending content. To report inappropriate activity, you may also contact us directly at team@hotspotbars.com.

4.5 Blocking Users

You may block any user at any time from their profile, or from any post, comment, or reply they have authored. When you block a user:

• Their posts, comments, and replies will be hidden from your feed and all comment sections
• You can manage your blocked users list in Settings > Privacy > Blocked Users
• You can unblock a user at any time to restore visibility of their content

4.6 Hiding Content

You may hide individual posts, comments, or replies from your view using the hide option. Hidden content can be managed and restored in Settings > Privacy > Hidden Posts.

5. Bar Accounts

Bar owners may apply for verified bar accounts to manage their establishment's presence on the App. Bar account holders must:

• Be authorized to represent the establishment
• Provide accurate business information
• Comply with all applicable laws and regulations
• Not post misleading information about their establishment

We reserve the right to verify, suspend, or revoke bar accounts at our discretion. We also reserve the right to introduce fees for Bar Accounts in the future with prior notice to account holders.

5.1 Stripe Connect

Bar accounts that wish to receive payments through the App (from voucher sales and tips) must complete Stripe Connect onboarding. By onboarding with Stripe Connect, you agree to Stripe's Connected Account Agreement.

5.2 Bar Dashboard

Bar account holders may access a dashboard providing sales data, revenue information, redemption statistics, tip summaries, and customer insights. This data is provided for informational purposes and should not be relied upon as the sole source for financial record-keeping.

5.3 Offers and Events

Bar accounts may create voucher offers (drink deals) and event listings for sale through the App. Bars may also create organization-restricted offers available only to members of specific organizations. All offers must be honored by the bar when presented by a valid voucher holder, subject to operating hours and availability.

6. Purchases and Payments

6.1 Voucher Purchases

The App allows you to purchase vouchers ("Drink Deals") for drinks at participating bars. Each voucher has a listed price, an optional tip, and a service fee. Vouchers are subject to the following terms:

• You may purchase one voucher per bar per operating window (based on the bar's posted hours from open to close, rather than calendar day)
• Vouchers have an expiration date displayed at the time of purchase
• All voucher purchases are final and non-refundable
• If the bar is unable to fulfill the drink within the redemption window, the bar must provide an equal or better alternative

6.2 Event Tickets

You may purchase tickets for events listed in the App. Payment is captured immediately at the time of purchase. Event tickets are subject to the following terms:

• You may purchase one ticket per event
• Event tickets are subject to capacity limits and may sell out
• Applicable sales tax is calculated and added to the ticket price at checkout
• Tickets are available only during the designated purchase window as displayed in the event listing
• All event ticket purchases are final and non-refundable

6.3 Service Fees

A service fee of 15% (with a minimum of $0.75) is applied to voucher purchases. No service fee is charged on event ticket purchases. Service fees are non-refundable and are displayed before you confirm your purchase.

6.4 Tips

You may optionally add a tip when redeeming a voucher. Tips are added at the time of redemption, not at the time of purchase, and are capped at 20% of the voucher price. Tips are paid directly to the bar and are non-refundable.

6.5 Payment Methods

Payments are processed securely through Stripe. You may save and remove payment methods (credit or debit cards) within the App. We do not store your full card number; card information is held by Stripe in accordance with their security standards.

For voucher purchases, a temporary authorization hold is placed on your payment method that may exceed the final charge amount in order to accommodate an optional tip at redemption. The final amount is captured upon redemption or expiration of the voucher, and any unused portion of the hold is released. Event ticket purchases are charged immediately in full at the time of purchase.

6.6 No Refunds

All voucher and event ticket purchases are final and non-refundable. HotSpot does not issue monetary refunds. If the bar is unable to fulfill the drink within the redemption window, the bar must provide an equal or better alternative. To report an issue with a purchase, contact us at team@hotspotbars.com.

6.7 Bar Payouts

Bars receive payouts for voucher sales and tips through Stripe Connect. Event ticket revenue is retained by HotSpot, as events are organized by HotSpot. Payout timing and methods are subject to Stripe's terms and processing schedules.

7. Organizations and Groups

7.1 Creating and Joining Organizations

Users may create or join organizations within the App using unique join codes. Organization creators and administrators are responsible for managing membership and ensuring their organization's use of the App complies with these Terms.

7.2 Organization-Restricted Offers

Bars may create voucher offers that are restricted to members of specific organizations. Access to these offers requires verified membership in the designated organization.

7.3 Member Approval

Organization administrators may require approval for new members. We are not responsible for disputes between organizations and their members regarding membership decisions.

8. Leaderboards and Rewards

8.1 Leaderboards

We maintain weekly leaderboards based on user submissions and purchase activity. Points are earned from submissions (ratings, cover charges, wait times, and crowd reports) as well as from voucher and event ticket purchases. Rankings are determined by our algorithms and may change without notice.

8.2 Rewards

From time to time, we may offer rewards to top leaderboard participants. Rewards are offered at our sole discretion and may be modified or discontinued at any time. We reserve the right to disqualify users who attempt to manipulate rankings.

8.3 No Guarantee

Participation in leaderboards does not guarantee any reward. We are not liable for any rewards that are delayed, lost, or unavailable.

8.4 Apple Disclaimer

Apple Inc. is not a sponsor of, and is not involved in any way with, any rewards or contests held within the App.

9. Intellectual Property

9.1 Proprietary Rights

The App, including its original design, interactive map experience, weighted rating algorithms, source code, and custom visual assets (excluding user-generated content), is the proprietary property of the App Developer. These materials are protected by copyright and other intellectual property laws. You are strictly prohibited from copying, modifying, distributing, or creating derivative works based on the App’s unique functionality or interface without express written permission.

9.2 Brand Assets

The "HotSpot" name, logos, and custom-styled map markers used within the service represent the unique branding of this application. While the term "HotSpot" is used descriptively, all original graphical representations and the specific arrangement of nightlife data are protected as the developer's intellectual property. Unauthorized use of these brand assets in a manner that suggests endorsement or affiliation is prohibited.

9.3 Feedback and Submissions

If you provide any feedback, support tickets, or suggestions for new bars or cities, you grant the App Developer an irrevocable, non-exclusive right to use such information without compensation or attribution to you. All feedback and support communications are treated as private data used solely to improve the service.

10. Third-Party Services

The App integrates with third-party services (Firebase, Mapbox, Stripe, Giphy, and others). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

11. Disclaimers

11.1 "As Is" Basis

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Bar Information

Bar information (hours, prices, wait times, crowd data) is submitted by users and may be inaccurate or outdated. We do not guarantee the accuracy of any information. Always verify important details directly with establishments.

11.3 Alcohol Disclaimer

HotSpot provides information about bars and nightlife venues. We do not sell, serve, or promote alcohol. Please drink responsibly and comply with all applicable laws. Never drink and drive.

11.4 No Endorsement

Listing a bar on the App does not constitute an endorsement. We are not responsible for your experiences at any establishment.

11.5 Payment Disclaimer

HotSpot facilitates transactions between users and bars but is not responsible for disputes regarding voucher redemption, event ticket fulfillment, drink availability, or service quality at any establishment. Vouchers and event tickets are subject to availability, operating hours, capacity limits, and any conditions specified in the offer or event listing. In the event of a dispute between you and a bar regarding a purchase made through the App, you agree to first attempt to resolve the matter directly with the bar.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOTSPOT TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE APP.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify and hold harmless HotSpot Technologies, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney's fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any rights of another party
• Your user-generated content

14. Account Suspension and Termination

14.1 By You

You may delete your account at any time through the App settings (unless account is suspended).

14.2 By Us

We may suspend or terminate your account at any time, with or without cause, including for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abusive behavior toward other users
• Manipulation of App features

14.3 Effect of Termination

Upon termination, your right to use the App ceases immediately. Unredeemed vouchers, unused event tickets, and any other outstanding purchases are forfeited upon account termination for cause (violation of these Terms). Provisions that by their nature should survive termination will survive (including Sections 12, 13, and 16).

For bar accounts terminated for cause, associated Stripe Connect accounts will be disconnected from the App. Any pending payouts at the time of termination are subject to Stripe's terms and applicable law.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting updated Terms in the App. Your continued use after changes constitutes acceptance of the new Terms.

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the State of Alabama, without regard to conflict of law principles.

16.2 Arbitration

Any dispute arising from these Terms or your use of the App shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will be conducted in Tuscaloosa, Alabama.

16.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

16.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the App.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HotSpot Technologies.

17.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

17.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

17.4 Assignment

You may not assign these Terms. We may assign our rights and obligations without restriction.

17.5 Contact

For questions about these Terms, contact us at team@hotspotbars.com.

18. Contact Information

HotSpot Technologies

Email: team@hotspotbars.com

Website: https://hotspotbars.com

By using HotSpot, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.