Terms & Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Spotinga Host ("we", "us", or "our"), governing your access to and use of the Spotinga Host platform, available at host.spotinga.com and related subdomains ("Platform"). The Platform is operated by Kenoli System, noted here for statutory purposes. All Platform operations, data processing, and service delivery are conducted from infrastructure located in the United States and governed by US norms.

Spotinga Host is a software-as-a-service ("SaaS") booking and distribution platform designed for tour operators, activity providers, and experience businesses ("Operators"). The Platform enables Operators to manage bookings, pricing, availability, customer relationships, affiliate programmes, and product distribution — including direct publishing to Google Things To Do and other connected channels.

By registering for an account, accessing, or using the Platform in any capacity, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform. If you are acting on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms.

"Account" means the registered account created by the Operator to access the Platform.
"Operator" means any individual or business entity that registers for an Account to use the Platform for managing their tour, activity, or experience products.
"End Customer" means any person who makes a booking or purchase through an Operator's storefront or booking page powered by the Platform.
"Subscription Plan" means the applicable tier of service (Free, Lifetime, or Module Add-on) selected by the Operator.
"Platform Fee" means any amount charged by Spotinga Host to the Operator for access to the Platform or its modules, as set out in the applicable pricing schedule.
"Operator Content" means all data, text, images, pricing, availability, and other information uploaded or published by the Operator through the Platform.
"Connected Channels" means third-party distribution platforms (including Google Things To Do) to which the Platform facilitates product listings on the Operator's behalf.

2.1 Eligibility. You must be at least 18 years of age and legally capable of entering into a binding contract to use the Platform. Use by individuals under 18 is not permitted.

2.2 Account Registration. To access the Platform's features, you must create an Account by providing accurate and complete information. You are responsible for maintaining the security of your Account credentials and for all activity that occurs under your Account.

2.3 One Account per Operator. Free and Lifetime Plan Accounts are issued to a single user. Multi-user access is available as a paid Add-on module. Sharing of Account credentials is not permitted.

2.4 Account Accuracy. You agree to provide truthful information when creating your Account and to promptly update that information to keep it accurate and complete. Spotinga Host reserves the right to suspend or terminate Accounts that contain false or misleading information.

3.1 Free Plan. The Free Plan grants one (1) Operator user access to the Platform to manage up to five (5) active products at no charge for an indefinite period, subject to these Terms. Spotinga Host reserves the right to modify Free Plan limits with ninety (90) days' notice to affected users.

3.2 Lifetime Access Plan. The Lifetime Access Plan is a one-time, non-recurring payment granting one (1) Operator user access to all features of the Platform currently available and all features released in the future, subject to the limits of one (1) user and five (5) active products, for the lifetime of the Platform. "Lifetime" means for as long as Spotinga Host continues to operate the Platform commercially. If Spotinga Host discontinues the Platform, Lifetime Plan holders will be notified no less than ninety (90) days in advance. The Lifetime Access Plan fee is non-refundable after fourteen (14) days from the date of purchase.

3.3 Module Add-ons. Additional capabilities (including but not limited to multi-user access, expanded product limits, CRM Pro, and Affiliate Suite) are available as separately priced monthly or annual subscriptions. Pricing for Add-ons is published on the Platform's pricing page and may be updated with thirty (30) days' notice.

3.4 No Booking Commission. Spotinga Host does not charge any commission, percentage, or per-transaction fee on bookings or revenues generated by the Operator through the Platform, unless otherwise stated or agreed upon. All revenue from bookings processed through the Platform belongs to the Operator, subject only to the fees charged by the applicable payment gateway.

3.5 Payment Processing. Payment processing for the Operator's bookings is handled by third-party payment gateways (including Stripe, Razorpay, or PayPal, as applicable). Spotinga Host is not a payment processor and is not responsible for payment gateway outages, chargebacks, disputes, or failures. Operators are subject to the terms of the applicable payment gateway.

3.6 Taxes. All fees charged by Spotinga Host are exclusive of applicable taxes including GST & VAT. Operators are responsible for determining, collecting, and remitting all taxes applicable to their own transactions with End Customers.

3.7 Refund Policy for Platform Fees. Subscription fees for monthly Add-on modules are non-refundable for the current billing period but may be cancelled before the next renewal. Lifetime Access Plan fees are refundable within fourteen (14) days of purchase if the Operator has not published any product to a Connected Channel.

Subject to your compliance with these Terms and payment of applicable fees, Spotinga Host grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform for your internal business operations during the term of your Subscription Plan.

5.1 You agree to use the Platform only for lawful purposes and in compliance with all applicable laws and regulations.

5.2 You agree not to:

• License, sell, resell, rent, lease, transfer, or sublicense the Platform to any third party.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform.
• Use the Platform to transmit or store any content that is unlawful, defamatory, obscene, or that infringes third-party intellectual property rights.
• Upload or transmit malware, viruses, or any other harmful code.
• Attempt to gain unauthorised access to the Platform, its servers, or related infrastructure.
• Use scraping, crawling, or similar automated means to extract data from the Platform without prior written consent.
• Publish false, misleading, or fraudulent product listings or pricing.
• Use the Platform to facilitate bookings for activities that are illegal in the jurisdiction where they are conducted.

5.3 Operator Content. You are solely responsible for the accuracy, legality, and completeness of all Operator Content published through the Platform, including product descriptions, pricing, availability, and terms applicable to your End Customers.

5.4 Regulatory Compliance. You are responsible for obtaining all licences, permits, and authorisations required to offer and conduct the activities listed on the Platform in the relevant jurisdictions.

6.1 The Platform may be used to publish Operator products to Connected Channels including Google Things To Do. Publication to Connected Channels is subject to the policies and acceptance criteria of those channels, which may change at any time without notice.

6.2 Spotinga Host does not guarantee that products submitted to Connected Channels will be approved, indexed, or displayed. Acceptance decisions are made solely by the respective channel platforms.

6.3 By using the Platform to publish to Connected Channels, you grant Spotinga Host the necessary rights to transmit your Operator Content to those channels on your behalf.

6.4 You are responsible for ensuring that all Operator Content submitted to Connected Channels complies with the content policies of those channels.

7.1 Platform IP. All rights, title, and interest in the Platform, including its software, design, interfaces, and underlying technology, remain exclusively with Spotinga Host and Kenoli Systems. Nothing in these Terms transfers any ownership of Platform IP to the Operator.

7.2 Operator Content. You retain all rights to Operator Content you create and publish through the Platform. You grant Spotinga Host a non-exclusive, worldwide, royalty-free licence to host, store, display, and transmit your Operator Content solely as required to provide the Platform services.

7.3 Feedback. If you provide suggestions, feature requests, or feedback regarding the Platform, Spotinga Host may use such feedback without restriction or compensation to you.

7.4 Usage Data. Spotinga Host may collect and use aggregated, anonymised usage data derived from your use of the Platform to improve, support, and operate the Platform.

8.1 Each party agrees to keep confidential any non-public information disclosed by the other party and to use it only as necessary to perform obligations under these Terms. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, or that was already known to the receiving party.

8.2 You are responsible for the security of your Account credentials. You must notify Spotinga Host immediately via our Contact page if you become aware of any unauthorised access to your Account.

8.3 Spotinga Host implements industry-standard technical and organisational security measures to protect data on the Platform. Spotinga Host will notify affected users without undue delay in the event of a confirmed data breach affecting personal data.

8.4 End Customer Data. You are solely responsible for the collection, use, and protection of personal data belonging to your End Customers in compliance with all applicable data protection and privacy laws in the jurisdictions where you operate and where your End Customers are located — including, without limitation, the General Data Protection Regulation (GDPR) for EEA/UK users, the California Consumer Privacy Act (CCPA/CPRA) for California residents, the Australian Privacy Act 1988 for Australian users, and equivalent laws in other jurisdictions.

8.5 Data Hosting — United States. The Platform is hosted on cloud infrastructure located in the United States of America. All data submitted to or generated through the Platform — including Operator account data, Operator Content, booking records, and End Customer data processed on behalf of Operators — is stored and processed on servers in the United States. By using the Platform, you consent to this transfer and processing of data in the United States on your own behalf and, where applicable, confirm that you have obtained or will obtain any necessary consents from your End Customers for this cross-border data transfer, as required by the laws of the jurisdictions in which you operate.

The Platform integrates with third-party services including payment gateways, email marketing platforms, Google APIs, and CRM systems. Your use of such third-party services is subject to their own terms and privacy policies. Spotinga Host is not responsible for the availability, accuracy, or conduct of any third-party service.

10.1 These Terms remain in effect from the date you create an Account until your Account is terminated.

10.2 You may terminate your Account at any time by sending a written request via our Contact page. Termination of a paid Add-on subscription is effective at the end of the current billing cycle.

10.3 Spotinga Host may suspend or terminate your Account immediately if you breach these Terms, if continued access would violate applicable law, or for any material business reason with thirty (30) days' written notice.

10.4 Effect of Termination. On termination, your right to access the Platform ceases. Spotinga Host will retain your Account data for thirty (30) days following termination, during which you may request an export. After that period, data may be permanently deleted.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. SPOTINGA HOST EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPOTINGA HOST DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPOTINGA HOST, KENOLI SYSTEMS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, SPOTINGA HOST'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL PLATFORM FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREE PLAN USERS, AGGREGATE LIABILITY SHALL NOT EXCEED USD 100 (ONE HUNDRED US DOLLARS).

You agree to indemnify, defend, and hold harmless Spotinga Host, Kenoli Systems, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform in violation of these Terms; (b) your Operator Content; (c) your products, services, or activities offered to End Customers; or (d) your violation of any applicable law or the rights of any third party.

Independent Contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship.

Force Majeure. Spotinga Host shall not be liable for any delay or failure to perform obligations due to circumstances beyond its reasonable control, including acts of God, government actions, telecommunications failures, or third-party service outages.

Amendments. Spotinga Host may update these Terms from time to time. Material changes will be communicated via email or in-platform notification at least thirty (30) days before taking effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

Entire Agreement. These Terms, together with the Privacy Policy and any applicable pricing schedule, constitute the entire agreement between you and Spotinga Host with respect to the Platform and supersede all prior communications and agreements.

Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect.

Publicity. You grant Spotinga Host a royalty-free licence to use your company name and logo to identify you as a user of the Platform in marketing and case study materials, provided such use is factual and not disparaging.

These Terms shall be 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 dispute arising from or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If unresolved within thirty (30) days, the dispute shall be referred to binding arbitration administered under the JAMS International Arbitration Rules (or equivalent internationally recognised rules mutually agreed upon). The arbitration shall be conducted in the English language by a sole arbitrator appointed in accordance with those rules, and may be conducted virtually. The seat of arbitration shall be Dover, Delaware, United States. Nothing in this clause prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm.

Statutory note: Spotinga Host is operated by Kenoli Systems, incorporated in India. To the extent required by mandatory provisions of applicable Indian law that cannot be contractually displaced, those provisions apply only to the extent so required.

For any questions or notices relating to these Terms, please contact: