Terms of Service

By accessing or using the website, applications, or services operated by Spotvira (“Spotvira,” “we,” “us,” or “our”), creating an account, submitting a launch or campaign, accepting a partnership invitation, or clicking an acceptance box that references these Terms, you agree to be bound by this Agreement. If you do not agree, do not use the services.

If you use the services on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” includes that entity.

• “Merchant” (or “advertiser”) is a business that creates or runs a referral program through Spotvira.
• “Partner” (or “nearby business,” “business advocate”) is a third-party local business invited to display or share a Merchant’s offer.
• “End customer” is a person who claims or redeems an offer.
• “Services” include matching, outreach (such as email or postal mail), dashboards, QR and printable assets, tracking, billing integrations, and related tools we provide.
• “Campaign” is a Merchant’s configured program, offer, payout rules, and related settings.

Spotvira provides software and operational support to help Merchants identify potential Partner businesses, communicate invitations, track responses, and manage referral outcomes according to the rules the Merchant configures. We do not guarantee that any Partner will accept, that any minimum number of Partners will participate, or that any level of sales or referrals will result.

Features, workflows, and availability may change. We may use subprocessors, carriers, email providers, payment processors (such as Stripe), and postal services to deliver the Services.

This section is essential to how Spotvira works. By launching a campaign or otherwise instructing us to contact prospective Partners you selected (or that we suggest for your review), you grant Spotvira a non-exclusive, worldwide, royalty-free license to use, reproduce, and display the business name, branding, offer wording, addresses, contact information, and other campaign content you provide, solely for the purpose of operating your campaign, including identifying prospects, preparing materials, and performing outreach.

You further authorize Spotvira, on your behalf and as your limited agent solely for outreach and program administration, to contact third-party businesses and their representatives using methods we make available (including professional email, postal mail, and other channels we may add), to introduce your offer, explain the program mechanics, request participation, and communicate follow-ups consistent with your campaign settings and applicable law.

You represent and warrant that: (a) information you supply about your business and offer is accurate and not misleading; (b) you have the right to promote the offer and to honor redemptions; (c) you are not asking us to contact any party in a manner that would violate law or the rights of others; and (d) you will not use Spotvira to send deceptive, defamatory, harassing, or unlawful content.

You understand that Partners are independent businesses; Spotvira does not employ them and does not control their decisions. You remain responsible for your offer, your products and services, and your relationship with End customers.

If you are a Partner, participation is voluntary. By accepting an invitation through our flow, you agree to present the Merchant’s offer honestly, use provided materials as intended, and comply with these Terms and any additional confirmation screens you accept. You are an independent party; nothing creates an employment, franchise, or agency relationship between you and Spotvira or between you and the Merchant except as expressly stated for payout or tracking mechanics in the product.

Spotvira may suspend or end your access to Partner tools if we detect misuse, fraud, or risk to users or the platform.

You must provide accurate registration information and keep credentials secure. You are responsible for activity under your account. We may refuse service or close accounts that appear fraudulent, abusive, or noncompliant.

Subscription fees, referral fees, payouts, and trial terms are as shown in the product, order flows, or separate pricing communications. Payments may be processed by third-party providers. You authorize us and our payment partners to charge payment methods you provide according to those terms. You are responsible for applicable taxes. Failure to pay may result in suspension or termination.

You will not: (a) misuse or attempt to disrupt the Services; (b) scrape or reverse engineer except as allowed by law; (c) upload malware or unlawful content; (d) impersonate others; (e) circumvent payout, verification, or eligibility rules; or (f) use the Services in violation of export, sanctions, anti-spam, telemarketing, or other laws. We may investigate and cooperate with authorities regarding violations.

We may suspend, limit, or terminate access to the Services, or to specific campaigns or partnerships, with or without prior notice, if we believe in good faith that: (a) you breached these Terms; (b) continued use creates security, legal, or reputational risk; (c) you engage in fraud, abuse, or conduct harmful to Merchants, Partners, End customers, or Spotvira; (d) required by law or a regulator; or (e) you fail to pay amounts due.

You may stop using the Services at any time. Upon termination, certain provisions survive (including intellectual property, disclaimers, limitations of liability, indemnity, and dispute terms). We may delete or retain data according to our retention practices and law.

Spotvira and its licensors own the Services, software, templates, and branding. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Services for their intended purpose. You retain ownership of your content; you grant us a license to host, process, and use your content to provide and improve the Services and as described in Section 4.

You will handle personal data you collect through your business in compliance with applicable privacy laws. We process data as needed to run the Services and may use service providers. If we publish a separate Privacy Policy, it supplements this Agreement for personal data practices described there.

SMS consent and program texts. If you provide a phone number through Spotvira for a verification code, offer claim, reward, referral update, or similar program message, you agree that we and our service providers may send text messages related to that request or program. Message and data rates may apply. Consent is specific to the flow or program presented to you, is not a condition of purchase, and may be withdrawn by following the instructions in the message, including STOP where available.

You are responsible for making sure any phone numbers you submit are accurate and that you have the right to provide them. We may keep records of consent events, including the phone number, timestamp, form context, and related campaign or request metadata, to operate the Services and demonstrate compliance.

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation or that outreach will reach every intended recipient.

To the fullest extent permitted by law, neither Spotvira nor its suppliers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data, arising from or related to the Services or these Terms, even if advised of the possibility.

Our aggregate liability for claims arising out of or relating to the Services or these Terms will not exceed the greater of the amounts you paid to Spotvira for the Services in the three (3) months before the claim or one hundred U.S. dollars (USD $100), except where limited by law.

You will defend, indemnify, and hold harmless Spotvira and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of: (a) your content, offers, or business practices; (b) your breach of these Terms or law; (c) disputes between you and Partners or End customers; or (d) your misuse of the Services.

These Terms are governed by the laws of the State of New York, United States, without regard to conflict-of-law principles. Unless applicable law requires otherwise, you consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York for any dispute not resolved through informal resolution.

Informal resolution first: before filing a claim, you agree to contact us at alice@cruxi.org and attempt to resolve the dispute for at least thirty (30) days.

We may modify these Terms by posting an updated version and updating the “Last updated” date. If a change is material, we will use reasonable efforts to notify you (for example, by email or in-product notice). Continued use after the effective date constitutes acceptance unless we say otherwise.

These Terms are the entire agreement regarding the Services and supersede prior oral or written understandings on that subject. If any provision is unenforceable, the remainder stays in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of assets.

Spotvira — alice@cruxi.org