Terms of Service

By creating an account, accessing, or using the Spotlr website at spotlr.ai ("Platform"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Cookie Policy (collectively, the "Agreement"). If you are entering into this Agreement on behalf of a company or organization, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, do not use the Platform. We reserve the right to update these Terms at any time. Material changes will be communicated via email or a prominent notice on the Platform at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

You must be at least 16 years old to use Spotlr. By registering, you represent that:

• You are at least 16 years of age (or the age of majority in your jurisdiction, whichever is greater)
• You have the legal capacity to enter into a binding agreement
• The information you provide during registration is truthful and accurate
• You will maintain the accuracy of your information

• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us if you suspect unauthorized use of your account
• You may not transfer, sell, or assign your account to another person
• We reserve the right to suspend or terminate accounts that violate these Terms

Spotlr is a marketplace platform that enables:

• Photographers to upload event photos, set prices, and sell them to attendees
• Attendees (Buyers) to discover their event photos using AI face recognition, preview watermarked versions, and purchase full-resolution copies

Spotlr acts solely as an intermediary platform. We do not take photographs, we do not own the photos uploaded by photographers, and we are not a party to the transaction between photographer and buyer beyond processing payments and facilitating delivery.

Content ownership

You retain full copyright ownership of all photos you upload to Spotlr. By uploading content, you grant Spotlr a worldwide, non-exclusive, royalty-free license to:

• Display watermarked preview versions of your photos on the Platform
• Generate thumbnails and optimized versions for platform functionality
• Process your photos through our facial recognition matching system
• Deliver purchased full-resolution files to buyers
• Feature your event in promotional materials (with your photos shown in watermarked form only)

This license terminates when you delete your content from the Platform, except for photos already purchased — buyers retain their license to purchased photos per Section 6.

Content responsibilities

As a photographer, you represent and warrant that:

• You own or have all necessary rights to the photos you upload
• Your photos do not infringe on any third party's intellectual property, privacy, or publicity rights
• You have obtained any necessary model releases or property releases, particularly for identifiable individuals in posed or portrait-style photos. For candid event photography, you are responsible for understanding and complying with the photography laws and event terms in your jurisdiction.
• Your content does not contain illegal, obscene, threatening, defamatory, or hateful material
• Your content does not contain malware, viruses, or other harmful code

Pricing

• You set your own prices for each photo
• Photos must be priced at a minimum of $4.50 USD, or offered for free ($0.00)
• Prices are displayed in USD and charged in USD

Event publishing

• Events you create must be submitted for admin review before becoming publicly visible
• We reserve the right to decline, unpublish, or remove any event at our sole discretion
• A cover image is required when creating an event

License to purchased photos

When you purchase a photo on Spotlr, you receive a limited, non-exclusive, non-transferable, worldwide license to:

• Download and keep the full-resolution photo for personal use
• Post the photo on personal social media accounts (with photographer credit encouraged)
• Print copies for personal, non-commercial display

You may not:

• Resell, sublicense, or distribute purchased photos for commercial gain
• Use purchased photos in advertising or marketing materials without the photographer's written consent
• Remove or alter any embedded metadata or watermarks
• Claim authorship or copyright ownership of purchased photos
• Use photos in a way that is defamatory, obscene, or otherwise objectionable

Purchases and refunds

• All sales are final. Due to the digital nature of the product, we do not offer refunds after download
• If you experience a technical issue preventing download, contact us within 14 days and we will resolve it
• We reserve the right to issue refunds at our sole discretion in exceptional circumstances

Platform fees

Spotlr charges a platform commission on each photo sale. The current revenue split, after Stripe's payment processing fee is deducted, is:

• Photographer: 65% of net revenue
• Spotlr: 30% of net revenue
• Stripe: ~5% payment processing (deducted first)

We reserve the right to change these percentages with 30 days' notice. The admin may set individual revenue shares for specific photographers.

Stripe Connect

All payments are processed through Stripe. By using Spotlr as a photographer receiving payouts, you agree to Stripe's Connected Account Agreement. You must provide accurate identity and banking information to Stripe for KYC verification.

Payouts

• Photographer earnings accumulate until the minimum payout threshold is reached (default: $250 USD, adjustable by admin)
• Payouts are initiated by the Spotlr admin and processed through Stripe
• You are solely responsible for reporting and paying any applicable taxes on your earnings

Currency

All prices, fees, and payouts are denominated in United States Dollars (USD).

By using the "Discover You" face matching feature, you provide explicit consent for Spotlr to:

• Process your selfie or profile photo to generate a facial descriptor
• Store this descriptor in your account
• Compare it against event photos to identify potential matches

This consent is voluntary. You may use Spotlr to browse and purchase event photos without using facial recognition. You may withdraw consent at any time by deleting your face data from Settings. See our Privacy Policy, Section 3 for full details on how biometric data is handled.

Spotlr's IP

The Spotlr name, logo, website design, source code, algorithms, and documentation are the exclusive property of Spotlr or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Platform without our express written permission.

User-generated content

Photographers retain ownership of their photos. Buyers receive a limited license as described in Section 6. Feedback, reviews, and other textual content you submit become the property of Spotlr and may be used for promotional purposes.

DMCA takedown

If you believe content on Spotlr infringes your copyright, you may submit a DMCA takedown notice to elijah@spotlr.ai with:

• Identification of the copyrighted work you claim is infringed
• Identification of the infringing material with a link to it on the Platform
• Your contact information (name, address, phone, email)
• A statement that you have a good-faith belief the use is unauthorized
• A statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized agent
• Your physical or electronic signature

We will respond to valid takedown notices within 10 business days and will remove or disable access to the allegedly infringing material.

You agree not to:

• Upload, sell, or distribute content you do not have the right to use
• Upload obscene, pornographic, violent, hateful, or illegal content
• Upload photos containing nudity, sexually explicit material, or exploitation of minors
• Circumvent, disable, or interfere with security or access-restriction features
• Use automated tools (bots, scrapers, crawlers) to access the Platform without permission
• Attempt to reverse-engineer, decompile, or extract source code from the Platform
• Impersonate another person or misrepresent your affiliation
• Engage in fraudulent activity, including artificially inflating sales or downloads
• Interfere with or disrupt the Platform's infrastructure
• Harvest or collect user information without consent
• Use the Platform to transmit spam or unsolicited communications
• Remove, alter, or obscure watermarks on preview photos

We reserve the right, but are not obligated, to review, edit, or remove any content that we determine, in our sole discretion, violates these Terms, is harmful, offensive, or otherwise objectionable. Specifically:

• Events are reviewed by admin before publication
• We may unpublish events that violate our content guidelines
• We may remove individual photos without notice if they violate these Terms
• Repeated violations will result in account suspension or permanent termination

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

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Content you upload or make available through the Platform
• Your interaction with other users (photographers or buyers)

Between photographers and buyers

Spotlr is a platform intermediary and is not a party to disputes between photographers and buyers regarding photo quality, content accuracy, or licensing disagreements. We encourage parties to resolve disputes directly. We may, but are not obligated to, mediate disputes at our discretion.

Between you and Spotlr

Any dispute arising from these Terms shall be resolved as follows:

1. Informal resolution: Contact us at customersupport@spotlr.ai. We will attempt to resolve the dispute informally within 30 days.
2. Binding arbitration: If informal resolution fails, the dispute will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English.
3. Class action waiver: You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.

You may terminate your account at any time by deleting it from your Settings page. We may suspend or terminate your account at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms. Upon termination:

• Your access to the Platform will be immediately revoked
• Any pending payouts will be processed if they exceed the minimum threshold and are not subject to dispute
• Your uploaded content will be removed (buyers retain licenses to already-purchased photos)
• Sections on IP, disclaimers, limitation of liability, indemnification, and dispute resolution survive termination

Spotlr will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, labor disputes, government actions, Internet failures, or third-party service outages (e.g., Stripe, Google Cloud).

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. Any legal proceedings not subject to arbitration shall be brought in the state or federal courts located in Delaware.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Spotlr regarding your use of the Platform, superseding any prior agreements or representations.