1. Service Description
HotSpot provides a mobile application and web-based platform that enables consumers to discover venues, view real-time activity data, receive promotions, and check in at participating locations. The HotSpot Venue Dashboard allows venue owners to:
- Access real-time analytics about visitor traffic and demographics
- Create and manage promotional offers
- View aggregated data about customer preferences
- Monitor venue activity through live statistics
- Receive industry benchmarking insights
2. Account Registration and Eligibility
By registering for the Services, you represent and warrant that:
- You are at least 18 years of age
- You have the legal authority to bind the venue to this Agreement
- You are an authorized representative, owner, operator, or manager of the venue
- All information provided during registration is accurate and complete
3. Subscription Plans and Payments
3.1 Subscription Plans
Services are provided on a subscription basis (monthly or annual) with possible free trial periods.
3.2 Payment Terms
- Automatic Renewal: Subscriptions automatically renew unless cancelled
- Payment Processing: Payments processed through Stripe, Inc.
- Non-Refundable: Subscription fees are non-refundable
- Price Changes: We may change fees with 30 days' notice
💳 Late and Failed Payments
- Grace Period: 7 days to update payment information after failed payment
- Service Suspension: Services may be suspended immediately after grace period
- Late Fees: $25 or 5% of outstanding balance (whichever is greater)
- Collection Costs: You are responsible for all collection costs including attorney fees
3.3 Cancellation
- Cancel anytime through Venue Dashboard or by contacting support
- Cancellation effective at end of current billing period
- No refunds for unused time
- You lose access to all analytics data upon cancellation
4. Data Collection, Usage, and Ownership
4.1 Customer Data We Collect
HotSpot collects data about customers who check in at your venue:
- Check-in data (date, time, duration, frequency)
- Demographics (age range, gender, relationship status)
- Preferences (drink, music, vibes, interests)
- Location data (GPS coordinates during check-in)
- Promotion engagement (views, redemptions)
📊 Data Ownership
HotSpot owns all customer data. You are granted a limited license to access aggregated analytics while your subscription is active. HotSpot owns all aggregated, anonymized, and derivative data created from the Services.
5. Anonymized Data Sharing and Analytics
🔄 IMPORTANT: Industry Benchmarking
YOU EXPRESSLY AGREE AND CONSENT that HotSpot may share anonymized, aggregated analytics with other venue owners, including:
- Demographic Trends: Age distributions, gender ratios, relationship status patterns
- Traffic Patterns: Peak hours, day-of-week trends, seasonal variations
- Customer Preferences: Drink preferences, music preferences, vibes
- Geographic Insights: Customer origin locations (city, neighborhood level)
- Competitive Benchmarks: How your venue compares to similar venues
This anonymized data sharing is a core feature and cannot be opted out of without terminating your subscription.
5.1 Privacy Protection
HotSpot will never share customer names, email addresses, phone numbers, or other personally identifiable information with other venues. All data is aggregated and anonymized before sharing.
6. Data Accuracy and Limitations
⚠️ CRITICAL DISCLAIMER
YOU ACKNOWLEDGE AND AGREE THAT:
- No Guarantee of Accuracy: We make NO warranties regarding the accuracy, completeness, or reliability of any data
- Approximations: Analytics are based on statistical methods and may involve estimates
- Sample Size Limitations: Low visitor counts may produce statistically insignificant data
- User-Provided Data: Demographics rely on voluntary user information which may be incomplete or inaccurate
- Technical Limitations: GPS accuracy, device variations, and network connectivity affect data quality
- Delayed Updates: Real-time statistics may be delayed by several minutes
USE AT YOUR OWN RISK: All data is for informational purposes only. Do not rely solely on HotSpot data for critical business decisions.
6.1 Specific Limitations
- GPS Precision: Location data typically accurate to 5-50 meters
- Check-In Detection: May occasionally result in false positives or missed check-ins
- Self-Reported Demographics: Users may provide inaccurate or outdated information
- Sample Bias: App users may not represent all venue visitors
7. Intellectual Property Rights
7.1 HotSpot Ownership
HotSpot owns all rights to the platform, including software, algorithms, data processing methods, user interfaces, trademarks, and analytics methodologies.
7.2 Your Content License
You retain ownership of photos, descriptions, and promotional content you upload. However, you grant HotSpot a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, and distribute your content to provide the Services and market the HotSpot platform.
8. Promotions, Hot Alerts, and Content Responsibilities
⚠️ YOU ARE RESPONSIBLE FOR ALL PROMOTIONAL CONTENT
As a venue owner, you have full control over promotions, Hot Alerts, Hot Drops, and events. You are solely responsible for the accuracy, legality, and fulfillment of all promotional content you create.
8.1 Types of Promotional Content
You may create and distribute:
- Check-In Promotions: Automatic offers delivered upon QR code check-in
- Hot Alerts: Time-sensitive push notifications to checked-in, nearby (500m), or favorited users
- Hot Drops: Exclusive deals sent only to currently checked-in users
- Happy Hours: Recurring scheduled promotions
- Special Events: One-time or recurring venue events
- Venue Media: Photos, logos, and promotional materials
8.2 Promotion Accuracy and Fulfillment
YOU ARE SOLELY RESPONSIBLE FOR:
- Accuracy: Ensuring all information is truthful and not misleading
- Fulfillment: Honoring all promotions, deals, and offers you create
- Availability: Ensuring promoted items are actually available
- Pricing: Accurately representing prices and discount values
- Terms: Clearly communicating restrictions and expiration dates
- Inventory: Managing inventory to fulfill promotions
- Staff Training: Ensuring staff honors all active promotions
8.3 Prohibited Promotional Content
You may not create promotions that:
- Are false, misleading, deceptive, or fraudulent
- Make unsubstantiated claims or guarantees
- Violate federal, state, or local laws (including alcohol regulations)
- Promote illegal products, services, or activities
- Contain offensive, discriminatory, harassing, or harmful content
- Infringe on third-party intellectual property rights
- Use profanity, hate speech, or sexually explicit content
- Target or exclude based on protected characteristics (race, religion, gender, etc.)
- Encourage dangerous, reckless, or illegal behavior (e.g., excessive drinking, drunk driving)
- Misrepresent the nature or value of the deal
8.4 Hot Alert and Hot Drop Limitations
- Daily Limit: Maximum 3 Hot Alerts/Hot Drops per venue per day
- Expiration Required: Must have time-based OR count-based expiration
- Geofence Verification: Hot Drop redemptions require physical presence at venue
- No Spam: No repetitive, excessive, or irrelevant alerts
- Timing Restrictions: HotSpot may impose time-of-day restrictions
8.5 Customer Disputes and Redemption Issues
Your Responsibility: You are solely responsible for resolving disputes with customers regarding:
- Refusal to honor a promotion
- Disputes about discount amounts or terms
- Product/service quality issues
- Expired or invalid QR codes (where venue is at fault)
- Allegations of false advertising
HotSpot's Role: HotSpot is not a party to transactions between you and customers. We do not mediate disputes, provide refunds, or enforce promotion terms.
8.6 Legal Compliance for Alcohol and Underage Drinking Prevention
🚫 UNDERAGE DRINKING PREVENTION (CRITICAL)
IF YOUR VENUE SERVES ALCOHOL, YOU AGREE:
- Zero Tolerance: You have a ZERO TOLERANCE POLICY for serving alcohol to minors
- Age Restrictions: Will not knowingly serve alcohol to anyone under 21 (or legal drinking age in your jurisdiction)
- Mandatory ID Verification: Will ALWAYS verify age with government-issued photo ID for:
- Any customer who appears under 30 years of age
- ALL customers redeeming alcohol-related promotions (regardless of appearance)
- Any customer whose age is in question
- Staff Training: Train all staff on proper ID verification, recognizing fake IDs, refusing service to minors, and penalties for serving minors
- Acceptable IDs: Only accept valid, non-expired government-issued photo IDs (driver's license, passport, military ID, state ID)
📱 Underage User Prohibition
- App Age Requirement: HotSpot users must be 17+ for app access, 21+ to redeem alcohol promotions
- Your Responsibility: Even if a user appears 21+ in the app, YOU are solely responsible for verifying age in person
- No Reliance on App: Do not rely on app age verification; always verify ID physically at point of service
- Reporting: If you suspect a user under 21 is attempting to redeem alcohol promotions, report to support@hotspot-us.com
⚠️ Consequences of Violations
IF YOU SERVE ALCOHOL TO A MINOR:
- You may face criminal charges, fines, and imprisonment
- Your alcohol license may be suspended or revoked
- Your venue may be banned from HotSpot permanently
- You are solely liable for damages, injuries, or legal consequences
- HotSpot is not liable for your violations
📋 Additional Alcohol Compliance
- Advertising Laws: All promotions comply with alcohol advertising regulations
- No Excessive Consumption: Will not encourage excessive or dangerous drinking
- Licenses: Maintain all required alcohol service licenses and permits
- Happy Hour Laws: Comply with state-specific happy hour regulations
- Promotion Content: No underage appeal, cartoon characters, or youth-oriented imagery
- Responsible Messaging: Include "21+ Only" and "Please Drink Responsibly" on promotions
LEGAL DISCLAIMER: HotSpot does NOT verify user age at point of service. Age verification at account creation (17+) is for app access only, not alcohol service. Venues are solely responsible for in-person ID verification before serving alcohol.
8.7 QR Code and Redemption Security
- Unique QR Codes: Do not share or duplicate QR codes
- Scanning Integrity: Train staff to properly scan and verify QR codes
- Fraud Prevention: Report suspected fraudulent redemptions immediately
- Physical Verification: Verify customers are physically present before scanning
- One-Time Use: Respect one-time use limitations (no duplicate redemptions)
8.8 Record Keeping
You must maintain records of all promotion redemptions for at least 2 years for audit and dispute resolution purposes.
9. Prohibited Conduct
You agree not to:
- Upload false, misleading, or fraudulent information
- Manipulate or artificially inflate analytics data
- Reverse engineer or decompile the HotSpot platform
- Use automated tools (bots, scrapers) to access the Services
- Share your account credentials with unauthorized parties
- Create fake promotions or misleading offers
- Compete with HotSpot using data obtained from the Services
- Send Hot Alerts/Hot Drops exceeding daily limits
- Create promotions encouraging illegal or dangerous behavior
- Discriminate against customers based on protected characteristics
- Refuse to honor valid promotions without legitimate cause
10. Limitation of Liability
⚠️ DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. HotSpot makes no warranties regarding:
- Accuracy, completeness, or reliability of data
- Uninterrupted or error-free service
- Fitness for a particular purpose
- Merchantability or non-infringement
LIMITATION: HotSpot's total liability shall not exceed the total fees paid by you in the 12 months preceding the claim. HotSpot is not liable for indirect, incidental, special, consequential, or punitive damages.
11. Indemnification
You agree to indemnify, defend, and hold harmless HotSpot from any claims, liabilities, damages, or costs arising out of:
- Your breach of this Agreement
- Your violation of any law or regulation
- Your content, promotions, Hot Alerts, Hot Drops, or events
- Claims by your customers related to promotions or services
- False advertising or unfair trade practices
- Alcohol service violations, including serving alcohol to minors (under 21)
- Underage drinking violations, fines, or criminal charges
- Injuries related to alcohol service (drunk driving, alcohol poisoning, assaults)
- Failure to honor valid promotions
- Discriminatory practices or civil rights violations
- Product liability claims
- Personal injury or property damage at your venue
- Event cancellations or safety issues
- Violations of state/federal alcohol beverage control (ABC) regulations
- Loss or suspension of your alcohol license due to HotSpot-related incidents
12. Dispute Resolution
⚖️ Arbitration Agreement
PLEASE READ CAREFULLY: Any dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA).
- Class Action Waiver: You waive any right to participate in a class action lawsuit
- Individual Disputes Only: All disputes must be brought individually
- Location: Arbitration in Wilmington, Delaware or remotely
- Opt-Out: You may opt out within 30 days by emailing legal@hotspot-us.com
13. General Provisions
- Governing Law: State of Delaware
- Amendments: HotSpot may modify terms at any time
- Assignment: You may not assign without consent; HotSpot may assign freely
- Entire Agreement: This supersedes all prior agreements
✅ ACCEPTANCE
By clicking "I Agree," creating an account, or accessing the Venue Dashboard, you acknowledge that:
- You have read and understand this Agreement in its entirety
- You agree to be bound by all terms and conditions
- You consent to anonymized data sharing as described above
- You understand that data accuracy is not guaranteed
- You accept the payment terms, including automatic renewal and late fees
- You acknowledge HotSpot's ownership of customer data and intellectual property
- You have the authority to bind your venue to this Agreement