Last Updated: June 13, 2025

Welcome to HotSpot, a mobile application ("App") developed by HotSpot Live Inc. ("we," "us," or "our"). HotSpot provides a platform for users to discover real-time events, join events, connect with other attendees, post events, and create groups. By downloading, accessing, or using the App, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use the App.

1. Acceptance of Terms

By using HotSpot, you confirm that you are at least 17 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. These Terms govern your use of the App and any related services. We may update these Terms from time to time, and the updated version will be effective upon posting in the App or on our website. Continued use of the App after such changes constitutes your acceptance of the revised Terms.

2. Description of Service

HotSpot allows users to:

View a real-time map of events in their area or other locations.

Join events and see other users attending those events.

Post public or private events.

Create and manage groups for event planning or social interaction.

Communicate with other users through in-app messaging features.

We reserve the right to modify, suspend, or discontinue any part of the App or its features at any time without notice.

3. User Accounts

To access certain features of HotSpot, you must create an account. You agree to:

Provide accurate, current, and complete information during registration.

Maintain the security of your account credentials and notify us immediately of any unauthorized access.

Be responsible for all activities conducted under your account.

We reserve the right to suspend or terminate your account if we suspect fraudulent, abusive, or illegal activity.

4. User Content

You may post content, including event details, group information, messages, and profile information ("User Content"). By posting User Content, you:

Grant us a non-exclusive, worldwide, royalty-free, transferable license to use, display, reproduce, and distribute your User Content in connection with operating and promoting the App.

Represent that you own or have the necessary rights to post such content and that it does not violate any laws or third-party rights.

Acknowledge that you are responsible for any User Content you post and its consequences.

We may, but are not obligated to, monitor or remove User Content that violates these Terms or applicable laws.

5. User Conduct

You are solely responsible for all code, video, images, information, data, text, photographs, graphics, messages, and other materials (“content”) that you make available to HotSpot, including by uploading, posting, publishing, or displaying via the App or by emailing, sending SMS messages, or otherwise making available to other users (collectively, “User Content”). HotSpot Live Inc. has no liability for any User Content. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing offending content, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. Except as expressly authorized by HotSpot Live Inc. in writing, you agree not to use the App to:

Email, send SMS messages, or otherwise upload or make available any content that:

Infringes or violates any intellectual property right, publicity right, privacy right, or other proprietary right of any party.

You do not have a right to upload under any law or contractual/fiduciary relationships.

Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.

Poses or creates a privacy or security risk to any person.

Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation.

Is illegal in the applicable jurisdiction, including but not limited to:

Cannabis: Messages related to cannabis are not allowed in the United States, as federal laws prohibit its sale, even if some states have legalized it. Similarly, messages related to CBD are not permissible in the United States, as certain states prohibit its sale. Prohibited messages include any content related to the marketing or sale of cannabis or CBD products, regardless of whether such messages explicitly contain cannabis terms, images, or links to related websites.

Prescription Medication: Offers for prescription medication that cannot legally be sold over-the-counter are prohibited in the United States.

Age- and Geographic-Specific Content: If you are sending messages related to alcohol, firearms, gambling, tobacco, or other adult content, you must ensure that no message recipient is younger than the legal age to purchase or engage with these products or content based on their location.

Is harmful, threatening, false, misleading, fraudulent, abusive, exploitative, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, discriminatory, hateful (including but not limited to offensive comments connected to race, national origin, gender, sexual preference, or physical handicap, or communications originating from a hate group), or otherwise objectionable.

Is designed to intentionally evade filters, including intentionally misspelled words, non-standard opt-out phrases, or “snowshoeing” (spreading similar or identical messages across multiple phone numbers to evade unwanted messaging detection and prevention mechanisms).

In our sole judgment, is objectionable or restricts or inhibits any other person from using or enjoying the App, or may expose HotSpot Live Inc. or its users to any harm or liability of any type.

Interfere with or disrupt the App or its servers or networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the App.

Violate any applicable local, state, national, or international law, or any regulations having the force of law.

Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.

Solicit personal information from anyone under the age of 18.

Download or make copies of any information about other users, or use such information—except where previously known to you or publicly available—to communicate with users outside the App.

Advertise or offer to sell or buy any goods or services for any business purpose not specifically authorized.

Further or promote any criminal activity or enterprise, or provide instructional information about illegal activities.

Obtain or attempt to access any content or information through means not intentionally made available through the App.

Circumvent, remove, alter, deactivate, degrade, or thwart any content protections, platform restrictions, or geographic restrictions, including limits on the number of event invites, text messages, or privacy features (e.g., hiding guest lists).

Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.

If you are blocked from accessing the App (e.g., by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

User Content Representations and Warranties

When you create or make available any User Content, you represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Content do not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the App, and other users to use your User Content in any manner contemplated by the App and these Terms.

You have the written consent, release, and/or permission of each identifiable individual in your User Content to use their name or likeness to enable inclusion and use of your User Content in any manner contemplated by the App and these Terms.

Violation of these rules may result in account suspension, termination, or legal action.

6. Privacy

Your privacy is important to us. Please review our Privacy Policy (available in the App or on our website) to understand how we collect, use, and protect your personal information, including location data and user interactions. By using HotSpot, you consent to the practices described in our Privacy Policy.

7. Intellectual Property

The App, including its design, code, trademarks, and content (excluding User Content), is owned by HotSpot Live Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of the App without our express permission.

8. Third-Party Services

HotSpot may integrate third-party services, such as mapping tools or payment processors. Your use of these services is subject to their respective terms and policies. We are not responsible for the performance or practices of third-party services.

9. Payments and Subscriptions

Some features of HotSpot may require payment or subscriptions. All payments are processed through the iOS App Store and are subject to Apple’s payment terms. You agree to pay all applicable fees and taxes. Subscriptions may auto-renew unless canceled through your App Store account settings. We do not offer refunds for payments made through the App Store.

10. Termination

You may stop using the App at any time. We may suspend or terminate your access to the App if you violate these Terms, engage in prohibited conduct, or for any other reason at our discretion. Upon termination, your right to use the App will cease, but these Terms’ provisions regarding intellectual property, liability, and dispute resolution will survive.

11. Disclaimer of Warranties

HotSpot is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the App will be uninterrupted, error-free, or secure, or that events listed are accurate or safe.

12. Limitation of Liability

To the maximum extent permitted by law, HotSpot Live Inc., its affiliates, and their respective officers, directors, and employees will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App, including loss of data, profits, or personal injury. Our total liability for any claim related to the App will not exceed the amount you paid (if any) to use the App in the preceding 12 months.

13. Indemnification

You agree to indemnify and hold harmless HotSpot Live Inc. and its affiliates from any claims, losses, or damages, including reasonable attorneys’ fees, arising from your use of the App, your User Content, or your violation of these Terms or applicable laws.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, USA, without regard to its conflict of laws principles. Any disputes arising from these Terms or your use of the App will be resolved through binding arbitration in San Francisco, California, under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Apple App Store Requirements

The following terms apply to your use of HotSpot through the iOS App Store:

These Terms are between you and HotSpot Live Inc., not Apple Inc. ("Apple").

Apple is not responsible for the App or its content and has no obligation to provide maintenance or support services.

In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. Apple has no other warranty obligations.

Apple is not responsible for addressing claims related to the App, including product liability, legal compliance, or intellectual property infringement.

Apple is a third-party beneficiary of these Terms and may enforce them against you.

16. Contact Us

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

Email: alexmckeehan.dev@gmail.com

Address: Alexander Boulton, 680 Jane Stanford Way, Stanford, CA 94305, United States

17. Text Messaging Capabilities

HotSpot may send SMS or MMS messages to users who opt in to receive notifications about events, group activities, or account updates. By opting in, you consent to receive text messages from HotSpot, which may include event invitations, reminders, confirmations, or group-related notifications. Message frequency may vary based on your activity and the events or groups you engage with.

Opt-In Process

To receive text messages, you must explicitly opt in through the App, such as by checking a box during account setup, event registration, or group joining, or by texting a keyword (e.g., "JOIN" to a designated number). The opt-in process will include a clear disclosure that you are agreeing to receive text messages from HotSpot, along with the statement: "Message and data rates may apply." Checkboxes will not be preselected, and consent is not transferable to other services.

Message Content

Messages may include embedded links (e.g., to view event details) or phone numbers (e.g., for event organizers). Sample messages include:

"Hi [User], you’re confirmed for [Event Name] on [Date] at [Location]! View details: [link]. Reply HELP for help, STOP to opt out."

"[Group Name] has a new event on [Date]! RSVP here: [link]. Reply HELP for help, STOP to opt out."

Opt-Out Process

You may opt out of receiving text messages at any time by replying "STOP" to any message. Upon receiving an opt-out request, HotSpot will send a confirmation message, such as: "You have successfully unsubscribed from HotSpot notifications. You will not receive further messages." You can also opt out through the App’s settings.

Help and Support

For assistance, reply "HELP" to any message to receive a response with contact information, such as: "HotSpot Support: Email alexmckeehan.dev@gmail.com or visit app.hotspotapp.com/support." You may also contact us directly at the email or address provided in Section 16.

Privacy and Consent

HotSpot does not share your mobile information with third parties or affiliates for marketing or promotional purposes. Your opt-in data and consent are used solely to provide the requested messaging services and may be shared with subcontractors (e.g., messaging providers) only to support these services. Our Privacy Policy provides further details on data protection.

Carrier Information

Message and data rates may apply based on your mobile plan. HotSpot’s text messaging services are available through major U.S. carriers, and messages are not age-gated or restricted to specific audiences unless specified during campaign registration. For additional support, contact your carrier or reach out to us as described above.

18. Miscellaneous

Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and HotSpot Live Inc. regarding the App.

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

Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights at our discretion.

Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Thank you for using HotSpot! We hope you enjoy connecting with events and communities through our platform.