Spotmark

Terms of Use

Effective Date: July 12, 2025

Welcome to Spotmark! These Terms of Use ("Terms") govern your access to and use of the Spotmark mobile application (the "App"), provided by Euan Chen ("we," "us," or "our").

By accessing or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.

1. Acceptance of Terms

By creating an account, logging in, or otherwise using the Spotmark App, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms and conditions or policies that we may provide from time to time.

2. Eligibility and User Accounts

2.1. Eligibility: The App is intended for a general audience. While users under the age of 13 may access the App, it is not specifically designed for children, and we encourage parental supervision for users under 13. By using the App, you represent and warrant that you are at least 13 years old, or if you are under 13, that you have obtained parental or guardian consent to use the App.

2.2. Account Creation: To access the full features of Spotmark, you must create a user account. Account creation is exclusively available through Google OAuth or Apple OAuth. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.3. Account Security: You are solely responsible for maintaining the confidentiality of your account credentials obtained through Google OAuth or Apple OAuth. You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3. Use of the App and User Conduct

3.1. App Purpose: Spotmark is designed to help you save and organize recommendation spots you discover on social media. It allows you to share social media content with the App, which then extracts place information using the Gemini API, and to create custom tags to organize your saved spots.

3.2. Permitted Use: You agree to use the App only for its intended purpose and in accordance with these Terms and all applicable laws and regulations.

3.3. Prohibited Conduct: You agree not to:

4. User Content and Data Processing

4.1. User Content: Any data, text, images, or other materials you share with, save, or create within the App, including shared social media content, extracted spot information, and custom tags, are collectively referred to as "User Content."

4.2. Ownership of User Content: You retain all ownership rights to your User Content.

4.3. License to Spotmark: By sharing or submitting User Content to the App, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purpose of operating, providing, and improving the Spotmark App. This includes, but is not limited to, processing your shared social media content via the Gemini API to extract place information and displaying your saved spots and tags within the App.

4.4. Gemini API Integration: The App utilizes the Google Gemini API to extract place information from the social media content you choose to share with Spotmark. You understand and agree that:

4.5. Responsibility for User Content: You are solely responsible for your User Content, including its legality, reliability, and appropriateness. You represent and warrant that you have all necessary rights and permissions to share and use your User Content within the App and that your User Content does not violate any third-party rights, including intellectual property or privacy rights.

5. Intellectual Property Rights

5.1. Spotmark's Rights: All rights, title, and interest in and to the Spotmark App (excluding User Content), including all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and "look and feel" of the App, and all intellectual property rights related thereto, are and will remain the exclusive property of Euan Chen and its licensors.

5.2. Restrictions: You may not copy, modify, distribute, sell, or lease any part of our App, nor may you reverse engineer or attempt to extract the source code of the App, unless laws prohibit these restrictions or you have our written permission.

6. Subscription Plans

6.1. Subscription: Spotmark may offer various subscription plans that provide access to enhanced features or services ("Subscription Plans"). Details regarding the features, pricing, and duration of each Subscription Plan will be provided within the App or on our website.

6.2. Billing: By subscribing to a Subscription Plan, you agree to pay the applicable fees and taxes. Payments will be processed through the app store (e.g., Apple App Store, Google Play Store) from which you downloaded the App, and are subject to their respective terms and conditions.

6.3. Automatic Renewal: Unless you cancel your Subscription Plan prior to the end of your current subscription period, your Subscription Plan will automatically renew for the same duration, and you authorize us (through the app store) to charge the then-applicable subscription fees and any taxes to your payment method on file.

6.4. Cancellations: You may cancel your Subscription Plan at any time through the settings in your device's app store account. Cancellations will take effect at the end of your current billing period, and you will continue to have access to the Subscription Plan features until that time. No refunds will be provided for any unused portion of a subscription period.

6.5. Price Changes: We reserve the right to change the pricing for Subscription Plans at any time. We will provide you with reasonable advance notice of any price changes. If you do not agree with the new price, you may cancel your Subscription Plan before the new price takes effect.

7. User Feedback

You may choose to submit comments, ideas, or feedback about the App, including but not limited to suggestions for improvements or new features ("Feedback"). By submitting any Feedback, you agree that your submission is gratuitous, unsolicited, and without restriction, and will not place us under any fiduciary or other obligation. You grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any Feedback for any purpose, without any compensation or credit to you.

8. Third-Party Services and Links

The App may integrate with or contain links to third-party websites, services, or resources (e.g., Google, Apple, social media platforms). You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your interactions with these third-party services are governed by their respective terms and privacy policies.

9. Privacy Policy

Your use of the App is also governed by our Privacy Policy. Our Privacy Policy explains how we collect, use, and disclose information about you. By using the App, you consent to our collection, use, and disclosure of your information as set forth in our Privacy Policy.

10. Disclaimers

THE APP IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APP, INCLUDING INFORMATION EXTRACTED VIA THE GEMINI API.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Euan Chen, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (C) ANY CONTENT OBTAINED FROM THE APP; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. Indemnification

You agree to defend, indemnify, and hold harmless Euan Chen and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the App; (ii) your User Content; or (iii) your violation of these Terms.

13. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms.

14. Governing Law and Dispute Resolution

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

14.1. For European Union (EU) Users: If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

14.2. United States Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

14.3. For Taiwan Users: If You are a Taiwan consumer, you will benefit from any mandatory provisions of the law of Taiwan.

15. Termination

We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the App. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Miscellaneous

16.1. Entire Agreement: These Terms, along with our separate Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Euan Chen regarding the App, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and [Your Company Name/Developer Name] regarding the App.

16.2. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

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

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: trito.app@gmail.com