Terms of Service | SpringSpot

Welcome to SpringSpot! We look forward to empowering you, your family, and your community to improve your health and wellbeing.

Introduction. These Terms of Service describe our platform and the products and services we make available to you (collectively, “our Services”), and the terms and conditions that apply to your use of our Services.

Our Services. Our Services allow you to find, share and do activities through live classes, videos, written guides and other content, and provides a platform for creators of such content to distribute that content.

SpringSpot. The provider of our Services (“We” or “Us”) is SpringSpot Inc, a Delaware corporation. We are located at 55 E. 3rd Ave, San Mateo, CA 94401.

These Terms of Service. Your use of our Services is subject to these Terms of Service (the “Terms of Service”), and any and all guidelines and policies that we may adopt from time to time, as they are updated from time to time (collectively, the “Policies,” and together with these Terms of Service, our “Agreement”). Links to the Policies, as they are in effect as of the date of these Terms of Service set forth above, follow:

https://www.gospringspot.com/terms

https://www.gospringspot.com/privacy

You should read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not agree to any part of it, then you may not use our Services. Your use of our Services confirms your agreement to all of the terms and conditions of this Agreement.

Who May Use Our Services? You must be at least 13 years old to use our Services. If you are under 18 years of age, you represent and warrant to Us that you have your parent or guardian’s permission to use our Services and that you have had them read this Agreement with you.

Notice to Parents and Guardians. If you are a parent or legal guardian of a user of our Services under the age of 18 years of age (your “child”), by allowing your child to use our Services, you are agreeing to be subject to all the terms and conditions of this Agreement and responsible for your child’s activity in connection with the use of our Services.

Business Users. If you are using our Services on behalf of a company or other organization, you represent and warrant to us that you have authority to act on behalf of that company or other organization, and that this company or other organization accepts and agrees to be subject to this Agreement.

How You May Use Our Services

The content available through our Services includes videos, activity guides, presentations, audio files, text such as comments, branding (including trade names, trademarks, service marks, or logos), that is provided by Us, or by third parties who are users of our Services, or by you (collectively, "Content”).

Content is the sole responsibility of the party that provides that Content to us and through our Services. We are under no obligation to host or serve Content. We may within our sole discretion reject any Content submitted to us, and we may within our sole discretion remove any Content from our Services at any time and for any reason. Without limiting the generality of the foregoing, we may reject or remove any Content at any time if we determine in our sole discretion that the Content does not comply with our Policies.

If you see any Content you believe does not comply with this Agreement, including by violating our Policies or the law, you can report it to us. We are under no obligation to you to remove any Content other than Content that you submit to us as your own.

Physical Activity. If your use of any Content will include physical activity, such as engaging in physical exercise, SpringSpot encourages you to obtain a physical check-up from your doctor or health care practitioner before engaging in that physical activity. You acknowledge and agree that neither the party that provides the Content, nor SpringSpot, nor any of Our personnel has provided you with medical advice and further warrant to Us that by using Content in any manner you have no medical condition which would prevent you from such use.

You Assume the Risk of Injuries and Losses: You understand that using Content, including any Content that describes or depicts physical activity, including without limitation exercise classes, fitness and exercise activities in general, may involve the inherent risk of serious injury to you, members of your family, or others who are around you (for example, and without limitation, slipping and falling, heart attack, or serious neck and spinal injuries which could result in partial or complete paralysis or death).

(1) you expressly and voluntarily accept and assume any and all risks of the following losses sustained from your use of any Content:

(i) any type of personal injury (including, but not limited to, physical injury, death, mental injury, emotional distress, and economic loss) and any related expenses and/or damages; and

(ii) We will not be liable to you or any member of your family or any other person for any such losses (personal injury, personal effects, or property) regardless of whether such losses were caused by our negligence of SpringSpot or the negligence of anyone else, and regardless of whether such losses were related to physical activities in connection with the use of Content.

You Agree to Defend and Indemnify SpringSpot. You agree to defend, hold Us free and harmless, and to indemnify Us from and against any damages, liability, or other costs or expenses, including but not limited to attorneys’ fees incurred by Us in connection with any claims for personal injury, personal effects, or property (as defined above) by you, any member of your family, or any other person in connection with your use of Content.

Accounts. You may use our Services only if you have an account with us (an “Account”). To establish an Account, or to change your settings for your account, you must go here https://www.gospringspot.com/plans.

Passwords. When you establish your Account, you will be required to establish a password. You are required to keep your password confidential and not to allow others to use your password or your Account. You should choose a unique password for your Account. You should not use your Account password with other services. If you discover that there has been any unauthorized use of your password or your account, you must notify us by emailing contact@gospringspot.com.

Family Plan. SpringSpot offers a Family Plan subscription that allows one account holder (the “Organizer”) to invite up to four (4) additional individuals (each, a “Family Member”) to access Content through our Services under a single plan. The Organizer and each Family Member may have distinct roles within the Family Plan as follows: (a) Organizer — the adult (18 or older) who establishes and manages the Family Plan, invites Family Members, and is the subscriber of record; (b) Adult Family Member — a Family Member who is 18 or older; (c) Teen Family Member — a Family Member who is 13 to 17 years of age; and (d) Child Family Member — a Family Member who is under 13 years of age. A Family Plan may include any combination of these roles. The Family Plan is intended for personal, non-commercial use within a single household or family unit.

Organizer Responsibilities. The Organizer must be 18 years of age or older and must be the parent or legal guardian of any Child Family Member (under 13) added to the Family Plan. By adding a Child Family Member, the Organizer represents and warrants that they are that child’s parent or legal guardian and hereby provides verifiable parental consent to SpringSpot’s collection and use of that child’s information as described in our Privacy Policy. The Organizer is responsible for: (a) all activity that occurs under the Family Plan, including activity by Family Members; (b) ensuring that each Family Member’s use of our Services complies with this Agreement; (c) maintaining the accuracy of each Family Member’s age information provided during the invitation process; and (d) notifying SpringSpot promptly at privacy@gospringspot.com if any Child Family Member’s information requires correction or deletion. Adult Family Members and Teen Family Members who accept an invitation to join the Family Plan agree to be bound by this Agreement.

Child Family Member Protections. In compliance with the Children’s Online Privacy Protection Act (“COPPA”) and applicable law, SpringSpot applies the following protections to Child Family Members (under 13): (a) SpringSpot collects only the minimum information necessary to provide the Services to a Child Family Member, as described in our Privacy Policy; (b) a Child Family Member’s profile, activity data, badges, and achievements are not publicly accessible and are visible only within the Family Plan; (c) Child Family Members may not be individually identified on any Creator or Family Plan Feed or Leaderboard; where Creators have organized members into teams, aggregated team-level activity may be displayed on Feeds or Leaderboards provided no individual Child Family Member is identifiable from that display; (d) the Organizer may request deletion of a Child Family Member’s data at any time by contacting privacy@gospringspot.com. Teen Family Members (13–17) are not subject to the individual identification restriction in (c) above. Adding a Child Family Member to the Family Plan constitutes the Organizer’s verifiable parental consent to these practices.

To Do Tasks and Activity Visibility. The Organizer may assign To Do tasks to any Family Member through tools made available within the Family Plan. The Organizer is able to view each Family Member’s task completion status and in-app activity within the Family Plan. Teen and Adult Family Members acknowledge that their activity and task completions are visible to the Organizer as a condition of participating in the Family Plan. For Child Family Members, this visibility is part of the parental supervision features of the Family Plan and forms the basis of the Organizer’s parental consent described above. Family Members may not circumvent or disable the Organizer’s visibility into their activity or task completion status.

Removing Family Members. The Organizer may remove any Family Member from the Family Plan at any time. Upon removal, the Family Member will immediately lose access to Content and features available under the Family Plan. For Adult and Teen Family Members, activity data and progress records are retained for ninety (90) days following removal, after which they may be permanently deleted. For Child Family Members, the Organizer may choose to retain or delete the child’s data upon removal; the Organizer may request permanent deletion of a Child Family Member’s data at any time by contacting privacy@gospringspot.com, and SpringSpot will fulfill such requests within thirty (30) days. SpringSpot shall have no liability to any Family Member for the consequences of their removal from the Family Plan by the Organizer.

Family Plan Expiration. If the Organizer’s Family Plan subscription expires or is not renewed, all Family Members will lose access to Content and Family Plan features at the end of any applicable grace period, subject to the terms of the Subscription Expiration and Access section of this Agreement. SpringSpot shall have no liability to any Family Member for the loss of access resulting from the Organizer’s failure to maintain an active Family Plan subscription.

Privacy. Our Privacy Policy (https://www.gospringspot.com/privacy) explains how we may collect, use, and disclose information about you through your use of our Services, and the measures we take to protect your privacy.

Data Processing Terms. We will process any Content you upload to our Services in accordance with our Policies.

Your Compliance Obligations. You may use our Services as and when we make them available to you if you comply with this Agreement and applicable laws and regulations. You may view or listen to Content for your personal, non-commercial use.

Restrictions. There are a number of restrictions that apply to your use of our Services.

You may not access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of our Services or any Content except with express prior written authorization from Us and, if applicable, any other holders of rights in that Content.

You may not circumvent, disable, fraudulently engage with, or otherwise interfere with any part of our Services (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;

You may not access our Services using any automated means (such as robots, botnets or scrapers);

You may not collect or harvest any information that might identify a person (for example, usernames or faces), unless expressly authorized in writing by that person in accordance with our Policies;

You may not use our Services to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;

You may not misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;

You may not use our Services to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen Content from the Service); or

You may not use our Services to (a) sell any advertising, sponsorships, or promotions placed on, around, or within our Service or Content, other than those allowed in our Policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from our Services or where Content from our Services is the primary basis for such sales.

Reservation

Ownership Rights. Neither your use of our Services, nor any other user’s use of our Services, will give you ownership of or rights to any aspect of our Services, including user names, or any other Content posted by Us or by others.

How We Maintain Our Services. We may in our sole discretion change any aspect of our Services at any time, and we may add or remove features and other components of our Services at any time, and we may cease to operate our Services at any time. We may in our sole discretion offer new Content or remove any Content at any time. We may do any of these things in order to comply with changes in the law, or for any other reason in our sole discretion. These changes may affect all users, some users or even a single user such as You. If we make material changes that negatively affect your use of our Services, we will give notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.

Your Content.

Creator Program. Subscribers holding a Pro Plan or Enterprise Plan subscription (each, a “Creator Plan”) may be eligible to participate in the SpringSpot Creator Program (the “Creator Program”), which allows eligible users (“Creators”) to publish original Content to our Services and make that Content available to individuals who access that Content through the SpringSpot platform (each, an “Audience Member”). Participation in the Creator Program is subject to this Agreement, including the additional terms set forth in this section. By participating in the Creator Program, you agree to be bound by all Creator-specific terms set forth herein. SpringSpot reserves the right to modify eligibility requirements, suspend, or discontinue the Creator Program at any time in its sole discretion.

Creator Eligibility and Account. To become a Creator, you must hold an active Creator Plan subscription in good standing, be at least 18 years of age, and agree to all applicable Creator Program terms and Policies. Creators are responsible for maintaining the security of their Account and ensuring that all activity occurring under their Account complies with this Agreement. If SpringSpot determines in its sole discretion that a Creator has violated this Agreement or any applicable Policies, SpringSpot may revoke Creator status, restrict publishing privileges, or suspend or terminate the Creator’s Account without prior notice.

Creator Content Standards. All Content published by Creators through the Creator Program (“Creator Content”) must comply with this Agreement and all applicable Policies. Without limiting the generality of the foregoing, Creator Content must not: (a) infringe upon or violate the intellectual property, privacy, publicity, or other rights of any third party; (b) contain material that is false, defamatory, misleading, or deceptive; (c) include content that is sexually explicit, violent, harassing, hateful, or discriminatory on the basis of race, gender, religion, national origin, disability, sexual orientation, or any other characteristic protected by law; (d) promote dangerous, illegal, or harmful activities, including activities that could cause physical harm to users or others; (e) contain viruses, malware, or other harmful or disruptive code; (f) constitute spam or unauthorized advertising; or (g) violate any applicable federal, state, local, or international law or regulation. SpringSpot reserves the right to remove any Creator Content that it determines in its sole discretion violates this Agreement or its Policies, without notice and without liability to the Creator.

Creator Content Health and Safety Standards. All Creators must: (a) accurately represent their qualifications and not misrepresent professional credentials or expertise; (b) include appropriate safety warnings where physical activity is depicted; and (c) not promote eating disorders, unsafe weight-loss practices, or other behaviors harmful to physical or mental health. All Creators — regardless of credential — may publish general wellness content, including fitness tips, healthy recipes, nutrition guidance, and lifestyle content, provided they do not hold it out as clinical or medical advice. No Creator may make claims that their Content diagnoses, treats, or substitutes for care of a specific medical condition. Creators holding a current credential from a Recognized Credentialing Body may additionally publish Content within the scope of their licensed or certified practice: Physical Therapists (DPT/PT) — state licensure boards; Certified Personal Trainers (CPT) — NASM, ACE, NSCA, or ACSM; Certified Athletic Trainers (ATC) — BOC (bocatc.org); Registered Dietitians (RD/RDN) — CDR. SpringSpot may add further Recognized Credentialing Bodies via its Policies. Submission of a credential number is an attestation that it is current and in good standing; misrepresentation is grounds for immediate termination of Creator status.

Access Controls and Audience Management. Creators may designate which users may access their Creator Content using access control tools provided by SpringSpot (“Audience Controls”). Creators are solely responsible for their use of Audience Controls and for ensuring that access to their Creator Content is limited to appropriately selected users. SpringSpot does not guarantee the effectiveness of Audience Controls and shall have no liability for any unauthorized access to Creator Content arising from a Creator’s configuration of those controls. Creators may not use Audience Controls to circumvent SpringSpot’s content review processes or to restrict access for the purpose of avoiding detection of Content that violates this Agreement.

Creator Content Curation. Creators may organize, curate, update, and remove their Creator Content using the tools made available through our Services. Creators are responsible for ensuring that their curated Content libraries remain accurate, current, and compliant with this Agreement at all times. When a Creator removes or updates Content that users have previously accessed, SpringSpot is under no obligation to notify those users of such changes. SpringSpot does not guarantee continuous availability of Creator Content and may remove, restrict, or modify access to Creator Content at any time and for any reason in its sole discretion.

Creator Responsibility and Indemnification. Creators are solely responsible for all Creator Content they publish through our Services, including its accuracy, legality, and appropriateness. SpringSpot is not responsible for reviewing all Creator Content prior to publication and does not endorse any Creator Content. In addition to the general indemnification obligations set forth in this Agreement, Creators agree to defend, indemnify, and hold harmless SpringSpot and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to: (i) any Creator Content published through the Creator Program; (ii) any claim that Creator Content infringes the rights of a third party; (iii) any personal injury, property damage, or other harm caused or alleged to be caused by an Audience Member’s reliance on Creator Content; or (iv) any breach by the Creator of this Agreement or any applicable Policies.

Creator Fees – Off-Platform Payments. As a Creator, you may charge fees to Audience Members outside of the SpringSpot platform (“Off-Platform Fees”) in connection with granting those Audience Members access to your Creator page or Creator Content on SpringSpot. SpringSpot is not a party to any Off-Platform Fee arrangement and has no responsibility for, and makes no representations regarding, any such arrangement. All Off-Platform Fee arrangements are solely between you and the applicable Audience Member. You are solely responsible for: (a) setting, communicating, and collecting Off-Platform Fees; (b) establishing and enforcing your own refund and cancellation policies with respect to Off-Platform Fees; (c) complying with all applicable federal, state, local, and international laws and regulations in connection with the collection of Off-Platform Fees, including without limitation consumer protection, tax, and payment processing laws; (d) remitting all applicable taxes arising from Off-Platform Fee transactions; and (e) maintaining adequate records of all Off-Platform Fee transactions. SpringSpot expressly disclaims any liability arising out of or relating to any Off-Platform Fee arrangement, including any failure to collect, process, or refund fees, and any dispute between you and an Audience Member regarding Off-Platform Fees.

Creator Payment Disputes. Creators are solely responsible for resolving all payment disputes, chargebacks, refund requests, and billing complaints raised by Audience Members in connection with any fees charged by or on behalf of a Creator, whether collected off-platform or, if and when made available, through SpringSpot’s payment processing services (“Creator Payment Disputes”). SpringSpot has no obligation to mediate, arbitrate, or otherwise resolve any Creator Payment Dispute. In the event that SpringSpot receives a chargeback, reversal, or similar claim from a payment processor or financial institution arising from a Creator Payment Dispute, the Creator agrees to cooperate fully with SpringSpot in contesting such claim and to promptly reimburse SpringSpot for any amounts charged back, reversed, or forfeited, together with any associated fees, penalties, or costs imposed on SpringSpot by a payment processor or financial institution. SpringSpot reserves the right to suspend a Creator’s access to payment processing features, or to withhold disbursements to a Creator, in the event of excessive chargebacks or unresolved payment disputes, as determined in SpringSpot’s sole discretion. Creators agree to maintain and make available to SpringSpot, upon request, documentation sufficient to substantiate any transaction subject to a Creator Payment Dispute.

SpringSpot Payment Processing Services. SpringSpot may, in the future and in its sole discretion, offer payment processing services that allow Creators to collect fees from users directly through the SpringSpot platform (“SpringSpot Payment Services”). SpringSpot Payment Services will be provided in conjunction with one or more third-party payment processors (each, a “Payment Processor”). SpringSpot does not process payment card data directly and is not responsible for the acts or omissions of any Payment Processor. If and when SpringSpot Payment Services are made available, their use will be subject to additional terms and conditions published by SpringSpot at that time, which shall be incorporated into this Agreement by reference. As a condition of using SpringSpot Payment Services, Creators and users may be required to agree to the terms of service and privacy policy of the applicable Payment Processor, including any connected account agreement required by that Payment Processor in order to receive disbursements. By using SpringSpot Payment Services, you authorize SpringSpot and its Payment Processors to share your information as necessary to provide and operate SpringSpot Payment Services, consistent with our Privacy Policy. If a Payment Processor’s terms conflict with this Agreement, this Agreement shall control with respect to SpringSpot’s obligations, and the Payment Processor’s terms shall control with respect to the Payment Processor’s obligations. If a Creator uses SpringSpot Payment Services: (a) SpringSpot will retain a processing fee from each transaction in an amount to be disclosed at the time SpringSpot Payment Services are made available (the “Processing Fee”), which may include fees charged by the applicable Payment Processor; (b) SpringSpot acts solely as a payment facilitator and limited payment agent on behalf of the Creator and is not a party to the underlying transaction between the Creator and the user; (c) the Creator remains solely responsible for the underlying goods or services, for all Creator Payment Disputes, and for compliance with all applicable laws governing the sale; (d) SpringSpot reserves the right to withhold, delay, or reverse disbursements to a Creator in connection with actual or suspected fraud, violations of this Agreement, Payment Processor requirements, or pending Creator Payment Disputes; (e) SpringSpot’s total liability in connection with SpringSpot Payment Services shall be limited to the Processing Fees actually retained by SpringSpot (excluding any portion passed through to a Payment Processor) in the thirty (30) days preceding the claim; and (f) SpringSpot shall have no liability for any failure, error, outage, or unauthorized transaction arising from the acts or omissions of a Payment Processor. Nothing in this section obligates SpringSpot to offer or continue offering SpringSpot Payment Services, and SpringSpot may change its Payment Processor at any time without notice.

Creator Plan Expiration. If a Creator’s Creator Plan subscription expires or is downgraded, the Creator’s ability to publish new Creator Content and use Creator Program tools will be suspended. Creator Content already published may be made inaccessible to the Creator’s Audience Members during any period of lapsed subscription. If the Creator’s Creator Plan subscription is not renewed within the applicable grace period, SpringSpot may permanently remove all Creator Content from the Services. Creators are encouraged to download a copy of their Creator Content prior to any subscription lapse. SpringSpot shall have no liability to a Creator or to any Audience Member for the removal of Creator Content following expiration of the Creator’s Creator Plan subscription.

Uploading Content. Any Content that you choose to upload to our Services must comply in all respects with this Agreement, including our Policies, and with all applicable laws and regulations. For example, Content that you submit must not include any intellectual property that is owned by anyone other than You (for example, material for which another person owns the copyright), unless you have permission from the party that owns those rights or You are otherwise legally entitled to do so. You are legally responsible for the Content you upload to our Services. We may review your Content, either through automated systems or otherwise, to analyze your Content to identify whether it complies with this Agreement or to help detect infringement and abuse, such as spam, malware, and illegal content.

Ownership Rights and Use.

You will retain any ownership rights you have in any Content that you upload to our Services. However, by uploading that Content, you agree to grant Us and other users certain rights, which are described below.

License to Us. By uploading Content to our Services, you grant to Us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with our Services and our business, including for the purpose of promoting and redistributing part or all of our Service.

License to Other Users. By uploading Content to our Services, you also grant each other user of our Services a worldwide, non-exclusive, royalty-free license to access your Content through our Services, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service. For clarity, this license does not grant any rights or permissions for a user to use your Content independent of our Services.

Duration of Licenses. The licenses that you grant to Us and to other users pursuant to this Agreement will remain in effect for so long as that Content remains available on our Services, and for a commercially reasonable period of time after you or we remove or delete your Content from our Services. Nevertheless, you expressly agree that We may retain, but not display, distribute, or perform, server copies of your Content after they have been removed or deleted.

Right to Monetize. By uploading your Content to our Services, you grant to Us the right to monetize your Content through our Services (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments or other consideration.

When You Remove Your Content. You may remove your Content from our Services at any time. You may make a copy of your Content before removing it. You must remove your Content if you no longer have the ownership rights for that Content that is required by this Agreement.

When We Remove Your Content. We may delete any of your Content from our Services at any time in our sole discretion, including without limitation in the following circumstances: (1) if your Content is in breach of any of the terms and conditions or this Agreement, including without limitation our Policies, or (2) if your Content may cause harm to Us, other users, or third parties. We will notify you of the removal and our reasons for our action unless we believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Us; (b) would compromise an investigation or the integrity or operation of our Services; or (c) would cause harm to any user, other third party, or Us.

Copyrights. If you believe your copyright has been infringed on our Services, please send us a notice by sending an email to copyright@gospringspot.com. We respond to notices of alleged copyright infringement according to our Policies. We may terminate Your rights to use our Services, or any other user’s rights, based upon infringement of copyrights.

If You Want to Close Your Account. You may stop using our Services at any time. If you want to close your Account, please email cancel@gospringspot.com. If you close your Account, your Content will no longer be made available to other users through our Services. We retain the right to keep and use copies of that Content as described in this Agreement.

If We Suspend or Close Your Account. We may suspend or terminate your Account and your rights to use some or all of our Services at any time in our sole discretion, including without limitation if you breach this Agreement, if We are required to do so to comply with a legal requirement or a court order, or if We believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, or Us. We will notify you of any suspension or termination of your Account, unless we believe that to do so would violate the law or the direction of a legal enforcement authority, would compromise an investigation conducted by us or by a legal enforcement authority, or would compromise the integrity, operation or security of our Services, or would cause harm to any user, other third party, or Us.

Subscription Expiration and Access. If your subscription to our Services expires or is not renewed, your right to access Content through our Services will be suspended at the end of any applicable grace period described below. Upon expiration of your subscription, you will no longer be able to access or view third-party Content available through our Services, though you will retain the ability to log in to your Account and view a summary of Content previously accessible to you. This display is provided solely to facilitate renewal and does not constitute continued access rights. We will send you renewal reminder notices prior to expiration, and we encourage you to renew your subscription in a timely manner to avoid interruption of access. If you hold a Creator Plan and your subscription expires or is not renewed, your Audience Members will also no longer be able to access or view Content you have made available through our Services for so long as your Creator Plan subscription remains lapsed.

User Progress and Account Data Upon Expiration. Upon expiration of your subscription, we will retain your Account, including your activity history, course progress, bookmarks, and completion records (“User Progress Data”) for a period of no less than ninety (90) days. If you renew your subscription within that period, your User Progress Data will be restored and made accessible to you. If your subscription is not renewed within ninety (90) days of expiration, we may permanently delete your User Progress Data without further notice. Notwithstanding the foregoing, certificates of completion and other records of achievement that you have already earned and downloaded remain yours and are not affected by subscription expiration.

Third-Party Content Hosting. Certain Content available through our Services is provided by third-party content providers (“Third-Party Providers”) pursuant to separate agreements between us and those Third-Party Providers. We host and make such content available to subscribed users on behalf of Third-Party Providers, subject to the terms of those agreements and to this Agreement. We do not represent or warrant the accuracy, completeness, legality, or quality of any third-party Content, and all such Content is the sole responsibility of the applicable Third-Party Provider.

Removal of Third-Party Content. We may remove third-party Content from our Services at any time, including if a Third-Party Provider terminates or modifies its agreement with us, if we determine that the Content violates this Agreement or applicable law, or for any other reason in our sole discretion. Where practicable, we will endeavor to provide you with at least thirty (30) days’ advance notice before removing third-party Content that is a material part of the services you have subscribed to. You acknowledge that the availability of third-party Content is subject to factors outside our control, and that we shall have no liability to you arising from the removal or unavailability of any third-party Content.

Photography. We may photograph, record on audio or video, or otherwise record your participation during SpringSpot events, camps or live classes (collectively, “Events”) for training, security and/or promotional purposes.  You understand, acknowledge, and authorize SpringSpot to photograph, record on audio or video you and your children during these Events for future use without compensation. You hereby agree and consent, on behalf of yourself and your children, for all purposes to the reproduction, and/or use in any manner of any such photograph, audio, video, or other recording or depiction of your likeness and/or voice whatsoever by us, and any nominee or designee of us or them, including without limitation any agency, client, periodical or other publication, in all forms of media, whether now or hereafter devised, throughout the world and in perpetuity, and in all manners, including without limitation advertising, trade, display, editorial, art and exhibition. You further understand and agree that any such photograph, audio, video, or other recording or depiction of your or your children’s likeness and/or voice may be modified, altered, cropped and combined with other content such as images, video, audio, text and graphics, and hereby waive, on behalf of yourself and your children, any right that you may have to inspect or approve any finished image, video, or audio containing a depiction of your or your children’s likeness or voice. You agree to hold harmless and indemnify SpringSpot, from and against any and all liability, damage, loss and/or claims of any kind or nature whatsoever, including, without limitation, any and all claims and demands relating to libel, invasion of privacy, and violation of publicity rights.

Other Important Legal Terms.

Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, OUR SERVICES ARE PROVIDED “AS IS” AND WE DO NOT MAKE ANY GENERAL OR SPECIFIC COMMITMENTS OR WARRANTIES ABOUT OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH OUR SERVICES; (B) THE SPECIFIC FEATURES OF OUR SERVICES, OR THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON OUR SERVICES.

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY: ERRORS, MISTAKES, OR INACCURACIES ON OUR SERVICES; PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF OUR SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES; ANY INTERRUPTION OR CESSATION OF OUR SERVICES; ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; ANY CONTENT WHETHER SUBMITTED BY A USER OR BY US, INCLUDING YOUR USE OF CONTENT; AND/OR

THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO FIVE HUNDRED UNITED STATES DOLLARS ($500).

NO LIABILITY FOR CREATOR CONTENT. SPRINGSPOT PROVIDES A PLATFORM FOR CREATORS TO PUBLISH AND DISTRIBUTE CONTENT AND ACTS SOLELY AS A PASSIVE CONDUIT FOR SUCH CONTENT. SPRINGSPOT DOES NOT REVIEW, ENDORSE, OR GUARANTEE THE ACCURACY, COMPLETENESS, SAFETY, OR LEGALITY OF ANY CREATOR CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, SPRINGSPOT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, LOSSES, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATING TO ANY CREATOR CONTENT, INCLUDING WITHOUT LIMITATION ANY CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE, OR HARM RESULTING FROM A USER’S RELIANCE ON OR USE OF CREATOR CONTENT. EACH CREATOR IS SOLELY RESPONSIBLE FOR THEIR CREATOR CONTENT, AND ANY CLAIMS ARISING FROM CREATOR CONTENT SHOULD BE DIRECTED TO THE APPLICABLE CREATOR, NOT TO SPRINGSPOT. NOTHING IN THIS SECTION SHALL LIMIT SPRINGSPOT’S RIGHT TO REMOVE CREATOR CONTENT THAT VIOLATES THIS AGREEMENT OR APPLICABLE LAW.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us, our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to our Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Third-Party Links

Our Services may contain links to third-party websites and online services that are not owned or controlled by Us. We have no control over, and we assume no responsibility for, such websites and online services. When you leave our Services, it is your responsibility to read the terms and privacy policy of each third-party website and online service that you visit.

Changing this Agreement. We may change this Agreement at any time in our sole discretion, and those changes will take effect immediately. Without limiting the generality of the foregoing, we may change this Agreement to reflect changes to our Services or how we conduct business, when we add or remove products or features from our Services, for legal, regulatory, or security reasons, or to prevent abuse or harm.

If we change this Agreement, we will provide notice of the changes and an opportunity to review them, except when we begin to offer a new product or feature, or in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you do not agree to any such change, you should remove any Content you have uploaded and stop using our Services. Your continuing to have Content on our Services, or your continued use of our Services, confirms your agreement to any such changes.

Changes Affecting Creators. Notwithstanding the foregoing, if SpringSpot makes a material change to this Agreement that specifically and adversely affects Creators — including changes to the Creator Program terms, Creator Content standards, Creator payment terms, or Creator Plan eligibility requirements — SpringSpot will provide Creators with at least thirty (30) days’ advance notice by email to the address associated with their Account before such change takes effect (a “Creator Notice Period”). During the Creator Notice Period, Creators may continue to publish and maintain Creator Content under the prior terms. If a Creator does not agree to the change, the Creator must notify SpringSpot at contact@gospringspot.com prior to the end of the Creator Notice Period and remove their Creator Content from the Services before the change takes effect; continued publication of Creator Content after the Creator Notice Period constitutes the Creator’s acceptance of the updated terms. The Creator Notice Period does not apply to changes made for legal or regulatory compliance, to address security issues, or to prevent abuse or harm, which may take effect immediately upon notice. By signing up for a Creator Plan, or by continuing to publish Creator Content following notice of any amendment, a Creator confirms their acceptance of this Agreement as then in effect.

If your use of our Services ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severance

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

Governing Law

All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of San Mateo County, California, USA. You and We consent to personal jurisdiction in those courts.

Limitation on Legal Action

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: July 6, 2026