Terms of Service

01The agreement

These Terms of Service ("Terms") are a binding agreement between you and Amos Live, Inc. ("Spotlight," "we," "us," or "our"). They govern your use of the Spotlight apps for iOS and Android, the website at spotlighttheapp.com, and related services (together, the "Service").

By creating an account, or by accessing or using the Service, you agree to these Terms, our Privacy Policy, our Community Guidelines and our Child Safety Standards, all of which are part of these Terms. If you don't agree, don't use the Service.

02Who can use Spotlight

To use Spotlight, you must:

• be at least 18 years old;
• be located in the United States, where the Service is offered;
• be able to form a binding contract with us, and not be barred from using the Service under the laws of the United States or any other applicable jurisdiction;
• not be located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and not be on any U.S. government list of prohibited or restricted parties;
• not have been convicted of, or pleaded no contest to, a felony or indictable offense involving sexual misconduct or violence, and not be required to register as a sex offender with any government authority; and
• not have been previously banned from Spotlight, unless we have given you written permission to return.

You may have only one account. You may browse the spotlight without an account, but you need one to like, message, open Instagram links, buy credits or claim the spotlight.

03Your account

You sign in with Sign in with Apple or with Google. You're responsible for keeping access to that sign-in secure and for everything that happens under your account. Give us accurate information, including your real date of birth, and keep it accurate. Tell us right away at support@amos.live if you think someone else has access to your account.

Your account is personal to you. You may not sell, transfer, rent or share it, or let anyone else use it.

04How the spotlight works

The spotlight is a single place in the app where one profile at a time is shown to everyone who opens the app. The rules today are:

• Price. When nobody holds the spotlight, claiming it costs 1 credit. When someone holds it, claiming it costs exactly one credit more than the holder paid. The amount the holder paid is shown publicly.
• Lock. Each claim starts a 10-minute lock during which nobody else can claim the spotlight. After the lock ends, the first person whose claim our servers process at the current price takes the spotlight.
• Losing the spot. You hold the spotlight until someone else claims it, until the monthly reset, or until your account is suspended, banned or deleted, whichever comes first. There is no minimum time beyond the lock and no guaranteed duration.
• Monthly reset. At 12:00 a.m. Eastern Time on the first day of each month, the spotlight becomes empty, its stats go to zero, and the price returns to 1 credit. Your profile, credit balance and conversations are not affected.
• Closing window. No claims are accepted during the final three hours before each monthly reset. Whoever holds the spotlight when that window begins keeps it until the reset.
• Hand-back. If the holder's account is deleted, suspended or banned, the spotlight may pass back to the most recent earlier holder from that month who is still eligible, at the amount they last paid and with a new lock, or become empty if there is no one. No credits are returned or charged when this happens.
• Our servers decide. The order of claims, the current price and every timer are determined by our servers' records and clock, not by your device. If the price changes before your claim reaches us, your claim is refused and you aren't charged.

Holding the spotlight gives you visibility in the app, nothing more. We don't promise any particular number of views, likes, messages, Instagram opens or other results, and stats may be approximate, delayed or rounded. We may change how the spotlight works, including the price rules, lock length, reset timing and closing window, as described in section 18. We may also remove any profile from the spotlight at any time if we believe it breaks these Terms or the Community Guidelines.

The spotlight is not a game of chance or a contest. There are no prizes, and nothing of monetary value can be won.

05Credits

Credits () are virtual items used only to claim the spotlight. By buying or receiving credits, you agree that:

• Credits are a license, not property. We grant you a limited, personal, non-transferable, non-sublicensable, revocable license to use credits within the Service. Credits are not money, have no cash value, do not earn interest, and are not a deposit, stored value, or a financial instrument. You do not own credits.
• No cash-out or transfer. Credits cannot be redeemed for cash or anything else of monetary value, exchanged, sold, gifted or transferred to any other person or account, except where the law requires otherwise. Any attempt to sell or trade credits or accounts outside the Service is a violation of these Terms.
• Purchases go through Apple or Google. Credits are sold as in-app purchases through the Apple App Store or Google Play. The purchase is a transaction between you and Apple or Google, under their terms, and they handle payment, taxes and receipts. Prices are shown in the app before you buy and may change.
• When credits are charged. Credits are deducted only when a claim succeeds and you take the spotlight. If a claim fails (for example because someone else claimed first or the price changed), you are not charged.
• Spent credits are final. Credits spent to claim the spotlight are used up at that moment and are not returned when someone else takes the spotlight from you, when the month resets, or when the spotlight is handed back after a holder leaves.
• No refunds from us. All purchases are final and non-refundable, except as required by law or by the refund policies of Apple or Google, which handle all refund requests. If a purchase is refunded, charged back or reversed, we may remove the corresponding credits from your balance, which may result in a negative balance, and we may suspend your account.
• Credits don't expire while your account is open and in good standing. However, all credits are forfeited, without refund or compensation, if your account is deleted by you or by us, or if your account is suspended or banned for violating these Terms.
• Free credits. Credits we give you at no charge, such as the one-time welcome credit, are promotional, may come with their own conditions, and can be changed or withdrawn at any time.
• Errors and abuse. We may correct errors in credit balances, and remove credits obtained through mistakes, bugs, fraud, unauthorized payment, or any violation of these Terms.
• Changes or discontinuation. We may manage, regulate, modify or eliminate credits, including their price and how they're used. If we permanently shut down the Service, we will give you reasonable advance notice, and we'll provide any refund for unused purchased credits that the law requires.

06Your content

"Your content" means anything you post or send through the Service, including photos, your name and profile details, your About text, and messages.

• You own it. You keep any ownership rights you have in your content.
• You give us a license to run the Service. You grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, reproduce, modify (for example to resize or reformat), publicly display, publicly perform and distribute your content, solely to operate, provide, protect and improve the Service. This license ends when your content is deleted, except for copies in backups (which are overwritten on their normal schedule), content others have already seen or saved, and copies we must keep for legal or safety reasons. We will not use your photos in advertising for Spotlight outside the app without asking you first.
• It's public in the spotlight. When you hold the spotlight, your profile is shown to everyone who opens the app, including people without an account. Other people may screenshot or share what they see, and we can't stop that.
• Your promises. You promise that you own or have all the rights needed to post your content and grant this license; that your photos of people show you, and that anyone else who appears in them is an adult who has agreed to appear; and that your content follows these Terms, the Community Guidelines and the law.
• We may remove it. We aren't obligated to monitor content, but we may review, screen, refuse, edit for formatting, or remove any content at any time, for any reason, including if we believe it breaks these Terms or the Community Guidelines. You are solely responsible for your content and what happens as a result of posting it.
• Instagram. If you add an Instagram handle, you confirm it is yours. Signed-in users can tap it to open Instagram. We don't control Instagram and aren't responsible for it.

07Rules and moderation

You must follow our Community Guidelines. Among other things, you may not:

• post nudity, sexual content, or anything involving minors; harass, threaten, bully or demean anyone; or post hateful, violent, or illegal content;
• impersonate anyone, misrepresent your identity, age or affiliations, or use someone else's photos;
• advertise, sell or solicit anything, including commercial sexual services, or ask other users for money;
• spam, scam or defraud anyone, or send unsolicited bulk messages;
• create more than one account, or create an account after being banned;
• use bots, scripts, scrapers, automation or any unauthorized means to access the Service, claim the spotlight, or inflate views, likes, messages or other stats;
• exploit bugs, interfere with the Service or its security, reverse engineer it (except where the law allows), or try to access data that isn't yours;
• buy, sell or trade accounts or credits outside the Service, or use the Service for any illegal purpose.

We may investigate suspected violations and take any action we consider appropriate, including removing content, removing a profile from the spotlight, limiting features, suspending or banning accounts, forfeiting credits, and reporting to law enforcement. We have sole discretion in moderation decisions, and you have no right to hold the spotlight or to keep any content on the Service. If you think we made a mistake, email support@amos.live.

08Other users

You are solely responsible for your interactions with other users, on and off the Service. We do not conduct criminal background checks or verify the identity, statements or intentions of our users. We aren't responsible for the conduct of any user. Be careful about sharing personal information, never send money to someone you only know through the app, and use caution and good judgment in all your interactions. Report anything concerning in the app or to support@amos.live. In an emergency, call 911.

09Our intellectual property

The Service, including its software, design, text, graphics, logos and the Spotlight name and crown mark, is owned by us or our licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the app on devices you own or control for your own non-commercial use. You may not copy, modify, distribute, sell, rent or create derivative works of the Service, or use our trademarks without our written permission.

If you send us feedback or suggestions, you grant us the right to use them for any purpose without obligation to you.

10Copyright complaints

We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, send our designated agent a notice that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material and where it appears in the Service, in enough detail for us to find it; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized by the owner, its agent or the law; and (6) a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.

Send notices to our copyright agent at support@amos.live with "DMCA" in the subject. If your content was removed and you believe that was a mistake, you may send a counter-notice as the DMCA provides. We terminate the accounts of repeat infringers in appropriate circumstances.

11App stores and third-party services

The Service relies on third parties such as Apple, Google, Instagram and our hosting providers. We aren't responsible for third-party services, and your use of them is governed by their terms.

If you downloaded the app from the Apple App Store

• These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for the app and its content.
• Your license to use the app is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are our responsibility, to the extent not disclaimed in these Terms.
• We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer protection, privacy or similar laws.
• If a third party claims that the app or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
• You must comply with any applicable third-party terms when using the app.

If you downloaded the app from Google Play

These Terms are between you and us only, not with Google. Your use of Google Play is subject to Google's terms, and purchases are subject to the Google Play refund policies.

12Ending your use

You can stop using the Service at any time, and you can delete your account in the app under You → Settings → Delete account (see how to delete your account). Deleting your account permanently removes your profile, photos, messages and conversations, and forfeits any remaining credits.

We may suspend or terminate your account, or your access to all or part of the Service, at any time, with or without notice, if we believe you have violated these Terms, created risk or possible legal exposure for us or others, or if we stop offering the Service. If we terminate your account for a violation, you forfeit all credits and may not create a new account. Sections that by their nature should survive termination will survive, including sections 5 (as to forfeiture and no refunds), 6, 9 and 13 through 19.

13Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that any claim will succeed or be processed at a particular time, that stats will be accurate, that content is accurate or safe, or that defects will be corrected. We are not responsible for the conduct, whether online or offline, of any user. Some jurisdictions don't allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

14Limitation of liability

To the maximum extent permitted by law, in no event will Spotlight, Amos Live, Inc., or its affiliates, officers, directors, employees, agents, licensors or service providers be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to the Service, these Terms, your content, or the conduct of any user or third party, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amount you paid for credits in the 12 months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions don't allow certain limitations of liability, so some of them may not apply to you.

15Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold harmless Spotlight, Amos Live, Inc. and its affiliates, officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Service; your content; your interactions with other users; or your violation of these Terms, any law, or the rights of any third party.

16Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Try to resolve it informally first

Before starting arbitration or a small claims case, you and we each agree to try to resolve any dispute informally. The party with the dispute must send a written notice describing it, the relief requested, and their contact information (for you, include the email address on your account), to the other party: to us at support@amos.live, and to you at the email address on your account. If the dispute isn't resolved within 60 days after the notice is received, either party may proceed. Any statute of limitations is paused during this period.

Agreement to arbitrate

You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service (a "Dispute"), including disputes about the scope or enforceability of this arbitration agreement, will be resolved by final and binding individual arbitration, and not in court, except that: (a) either party may bring an individual claim in small claims court if it qualifies; and (b) either party may seek injunctive or other equitable relief in court to stop actual or threatened infringement or misuse of intellectual property rights.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms, and decided by a single arbitrator. The Federal Arbitration Act governs this section. Unless you and we agree otherwise, any hearing will take place in the county where you live or by video conference, and for claims of $10,000 or less, the arbitration will be decided on written submissions unless the arbitrator decides a hearing is needed. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules, and we will pay any fees that the rules require a business to pay. The arbitrator may award the same individual relief a court could, but only in favor of the individual party seeking relief and only to the extent needed to provide relief warranted by that party's individual claim.

Class action and jury trial waiver

You and we each agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. You and we each waive the right to a trial by jury. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If this class waiver is found unenforceable as to any claim, that claim must be severed and decided in court, after the individual arbitration of any remaining claims.

Mass arbitration

If 25 or more similar demands for arbitration are filed against us by the same or coordinated counsel, the parties agree that the AAA's Mass Arbitration Supplementary Rules will apply, and that the demands may be administered in batches of up to 50, with each batch resolved before the next is filed, to the extent permitted by the AAA's rules and the law.

30-day right to opt out

You may opt out of this arbitration agreement by emailing support@amos.live within 30 days of first accepting these Terms, with the subject "Arbitration Opt-Out" and your name and the email address on your account. Opting out won't affect any other part of these Terms. If you opt out, or if this arbitration agreement is found not to apply, disputes will be resolved in the courts described in section 17.

Changes to this section

If we change this section after you accept it, you may reject the change by emailing support@amos.live within 30 days of the change taking effect, in which case the most recent version you accepted will continue to apply.

17Governing law and venue

These Terms and any Dispute are governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to its conflict-of-law rules. To the extent a Dispute is permitted to proceed in court rather than in arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, except that you may bring a qualifying claim in small claims court in the county where you live.

18Changes to the Service and these Terms

The Service will change over time. We may add, change or remove features, including how the spotlight and credits work, at any time. We may also update these Terms. If a change is material, we will notify you in the app or by email before it takes effect, and we'll update the "Last updated" date above. Changes will not apply retroactively to claims or credits already spent. If you keep using the Service after the changes take effect, you accept the updated Terms. If you don't agree, stop using the Service and delete your account.

19General

• Entire agreement. These Terms, together with the policies they reference, are the entire agreement between you and us about the Service and replace any prior agreements.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and the unenforceable part will be enforced to the maximum extent permitted.
• No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them, including in connection with a merger, acquisition or sale of assets.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, such as outages of internet, hosting, app store or payment providers, natural disasters, or government action.
• Electronic communications. You agree to receive communications from us electronically, in the app or by email, and agree that they satisfy any legal requirement that communications be in writing.
• No agency. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
• California users. Under California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20Contact

For legal notices, start the subject with "Legal".

Amos Live, Inc., operator of Spotlight.