Terms of Service

1. Agreement to Terms

By accessing or using Spotter AI (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

Spotter AI is operated by Raymond Vargas as a sole proprietorship ("we," "us," or "our"). These Terms constitute a legally binding agreement between you (the gym owner or authorized representative) and Spotter AI.

2. Description of Service

Spotter AI is a growth automation platform designed for independent gyms and boutique fitness studios. The Service provides:

• Automated lead follow-up campaigns
• Trial-to-member conversion messaging
• Member retention and win-back outreach
• Referral generation campaigns
• Review generation for Google and Yelp
• Dashboard analytics and pain point tracking
• CSV-based member data import

3. Free Trial

Trial Duration: New users receive a 14-day free trial starting from the date your account is created. No credit card is required to start your trial. During the trial period, you have full access to all Service features at no charge.

Trial Expiration: At the end of the 14-day free trial, your account will be locked and campaigns will stop running. To continue using Spotter AI, you must subscribe to a paid plan at $299/month.

Trial Charges: There are no charges during the trial period. You will not be charged anything unless you choose to subscribe after your trial ends.

4. Subscription and Billing

4.1 Pricing

Spotter AI is offered as a monthly subscription at the subscription rate agreed upon at signup. Pricing is subject to change with 30 days' advance notice.

4.2 Payment Terms

• Billing Cycle: Subscriptions are billed monthly on the anniversary of your subscription start date.
• Auto-Renewal: Your subscription will automatically renew each month unless you cancel before the renewal date.
• Payment Method: We accept major credit cards and debit cards. You are responsible for keeping your payment information current.
• Failed Payments: If payment fails, we will attempt to charge your card up to three times. If payment cannot be processed, your account may be suspended.

4.3 Cancellation Policy

• No Contracts: Subscriptions are month-to-month with no long-term commitment.
• Cancel Anytime: You may cancel your subscription at any time from your account dashboard or by contacting us.
• Effective Date: Cancellations take effect at the end of your current billing period. You will retain full access to the Service until that date.
• No Partial-Month Refunds: We do not offer prorated refunds for cancellations made mid-billing-cycle. If you cancel after being charged for a monthly period, you keep access until the end of that paid period — no refund is issued for unused days.
• Trial Cancellations: If you cancel during your 14-day free trial, no charge is made. Your account is simply closed at the end of the trial period.
• Exceptions: We may consider refunds on a case-by-case basis for billing errors (e.g., being charged twice, or being charged after cancellation). Contact us within 14 days of the disputed charge.

5. Data Ownership and Usage

5.1 Your Data

You own your data. All member information, campaign data, and analytics you upload or generate through the Service remains your property.

5.2 Our Use of Your Data

We use your data solely to provide the Service to you. We do not sell, rent, or share your member data with third parties for their marketing purposes.

5.3 Data Retention

• Active accounts: Your data is stored indefinitely while your account is active.
• Cancelled accounts: We retain your data for 90 days after cancellation, allowing you to reactivate. After 90 days, data may be permanently deleted.

You may request data deletion at any time by contacting raymond@tryspotterai.com.

6. Acceptable Use Policy

You agree to use Spotter AI only for lawful purposes. You may not:

• Send spam, unsolicited messages, or harassing content
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Use the Service to violate any applicable laws or regulations
• Impersonate another person or entity
• Scrape, harvest, or collect data from the Service without permission

Violation of this policy may result in immediate account suspension or termination.

7. Service Availability

Uptime Goal: We strive to maintain 99% uptime, but we do not guarantee uninterrupted access to the Service.

Maintenance: We may perform scheduled or emergency maintenance that temporarily limits access. We will provide advance notice when possible.

Third-Party Dependencies: The Service relies on third-party providers (email delivery, SMS, hosting). We are not responsible for outages caused by third-party failures.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE SPECIFIC RESULTS (E.G., INCREASED REVENUE, MEMBER RETENTION) FROM USING THE SERVICE. WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

Member Communications: You are responsible for ensuring compliance with all applicable laws (e.g., CAN-SPAM, TCPA) when sending messages to your members via the Service.

9. Indemnification

You agree to indemnify and hold harmless Spotter AI (Raymond Vargas), its officers, employees, and contractors from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights, including privacy or intellectual property rights.

10. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation.

11. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

12. Termination

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Service ceases immediately.

13. Governing Law and Disputes

Governing Law: These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Dispute Resolution: Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

14. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spotter AI regarding the Service.

Severability: If any provision of these Terms is found invalid, the remaining provisions remain in full effect.

No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15. SMS Messaging Program

Program Name: Spotter AI

Program Description: Spotter AI is a messaging program that sends SMS text messages to gym members on behalf of independent gyms and boutique fitness studios that subscribe to our Service. Messages are initiated by the gym owner and delivered through Spotter AI on the gym's behalf. Message types may include lead follow-up, trial-to-member conversion outreach, member retention and win-back communications, referral requests, review requests for Google and Yelp, and other gym-related communications authorized by the gym owner.

Message Frequency: Message frequency varies based on the campaigns configured by the gym owner and your interactions with those campaigns.

Message and Data Rates: Message and data rates may apply. Check with your mobile carrier for details on your messaging plan.

Help: For help at any time, reply HELP to any message you receive, or contact us at raymond@tryspotterai.com.

Opt-Out: You can cancel SMS messages at any time by replying STOP to any message. After you send the word STOP, we will send you a confirmation message and you will no longer receive SMS messages from the program. To rejoin, sign up as you did the first time and we will resume sending messages to you.

Privacy: For information on how we collect, use, and protect your data, please review our Privacy Policy.

Carriers: Carriers (including but not limited to AT&T, T-Mobile, Verizon, and Sprint) are not liable for delayed or undelivered messages.