Welcome to DoubleSpot! These Terms of Service ("Terms") govern your access to and use of DoubleSpot's website, products, software applications, and services, including the DoubleSpot facility management software platform (the "Platform") and DoubleSpot's artificial intelligence tools and chatbot services ("AI Services"), collectively referred to as the "Services." Throughout these terms we may refer to DoubleSpot as "DoubleSpot," "we," "us," or "our".
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
Eligibility
You must be at least eighteen (18) years old to access or use the Platform. You must be at least thirteen (13) years old, or the minimum age required in your country to consent to use online services, to access or use the AI Services. If you are under eighteen (18) years of age, you must have your parent or legal guardian's permission to use the Services. By accessing or using the Services, you represent and warrant that you meet the applicable age requirements set forth herein and that you have the right, authority, and capacity to enter into these Terms.
Accounts
To access or use some features of the Services, you may need to create an account. You are responsible for maintaining the security of your account and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may not use another user's account without their permission. You may not create more than one account per email address. You may not create an account if we have previously terminated your account or banned you from the Services.
Content
The Services allow you to create, upload, post, send, receive, and store content, such as text, photos, videos, reviews, ratings, messages, and other materials. In addition, when using the AI Services, you may provide input to the AI Services ("Input") and receive output generated by the AI Services based on such Input ("Output"). All of the foregoing, including Input and Output, are collectively referred to as "Content." You retain all rights in and to your Content, subject to the licenses and assignments set forth in these Terms.
By creating, uploading, posting, sending, receiving, or storing Content through the Services (excluding Output), you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Content in connection with the Services and our business. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
You also grant us a worldwide, non-exclusive, royalty-free license to use your name, likeness, voice, and identity in connection with your Content. You waive any rights of publicity or privacy that you may have in your Content.
You are solely responsible for your Content and for the consequences of creating, uploading, posting, sending, receiving, or storing it. You represent and warrant that you have all rights, licenses, and permissions needed to provide Content to our Services, and that:
You own or have the necessary rights and permissions to use and share your Content on the Services;
Your Content does not infringe or violate any third-party rights, including intellectual property rights, privacy rights, publicity rights or contractual rights;
Your Content does not contain any unlawful,harmful, abusive, defamatory,
obscene, harassing, threatening, racist, sexist, hateful, or otherwise objectionable material;
Your Content does not contain any viruses, malware, or other harmful code or content that may interfere with the operation of the Platform or harm any user;
Your Content complies with all applicable laws and regulations.
We do not endorse or guarantee the accuracy, quality, or integrity of any Content posted by you or other users on the Services. You understand that by using the Services, you may be exposed to Content that is offensive, inappropriate, or inaccurate. Output generated by the AI Services may not always be accurate, complete, or current, and may not be unique; other users may receive similar Output from the AI Services. You agree that we are not liable for any Content posted or generated through the Services.
We reserve the right to review, remove, edit, block, or disable access to any Content at any time and for any reason in our sole discretion. We may also terminate or suspend your account if you violate these Terms or create liability for us or others.
Ownership of Output.
As between you and DoubleSpot, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. The foregoing assignment does not extend to other users' Output or any Third Party Output (as defined below).
Accuracy of AI Services.
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our AI Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of the AI Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. When you use the AI Services, you understand and agree that: (a) Output may not always be accurate, and you should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice; (b) you must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output; (c) you must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them; and (d) if Output references any third-party products or services, it does not mean the third party endorses or is affiliated with DoubleSpot.
Third Party Services.
Our Services may include third-party software, products, or services ("Third Party Services"), and some parts of our Services may include output from those services ("Third Party Output"). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Feedback.
We appreciate your feedback regarding the Services. You agree that any feedback, suggestions, ideas, or other information you provide to us regarding the Services may be used by us without restriction or compensation to you.
Fees and Payments
We may also offer subscription plans that provide access to our Services. Subscription fees are charged on a recurring basis, such as monthly or annually, depending on the plan selected. The amount and frequency of subscription fees will be displayed before subscribing to a plan. All subscription fees are non-cancellable and non-refundable.
We use third-party payment processors to facilitate payments on our Platform. By providing your payment information, you agree to be bound by the terms and conditions and privacy policies of the payment processors. We are not responsible for any errors, delays, or failures in processing payments.
We reserve the right to change our fees and subscription plans at any time without notice. Your continued use of our Services after such changes constitutes acceptance of the new fees and subscription plans. If you do not agree to the new fees or subscription plans, you must stop accessing or using the Services or cancel your subscription.
Disputes
If you have a dispute with another user of our Platform, you agree to contact them directly and try to resolve it amicably. If you are unable to do so, you may contact us at support@doublespot.com and we will try to help you as a courtesy, but we are not obligated to do so. We are not responsible for resolving any disputes between users of our Platform.
Modification of Services
We retain the right to alter, limit access to, or terminate the provision of the Services (or any part thereof), either temporarily or permanently, with or without prior notification to you. We are under no obligation to provide support or updates to the Services. Unless explicitly stated otherwise, any new features that enhance or enrich the existing Services will be governed by these Terms. For example, we may make changes to these Terms or the Services due to: (a) changes to the law or regulatory requirements; (b) security or safety reasons; (c) circumstances beyond our reasonable control; (d) changes we make in the usual course of developing our Services; or (e) to adapt to new technologies.
We will give you at least thirty (30) days' advance notice of changes to these Terms that materially adversely impact you, either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. It is important to review the Terms each time you utilize the Services, as your continued use of the Services subsequent to such revisions will indicate your acceptance of and compliance with these alterations. If you do not agree to the changes, you must stop using our Services.
Termination
We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent future access to and use of the Services.
Prohibited Activities
You agree not to engage in any of the following prohibited activities in connection with the Services:
Violating these Terms or any applicable laws or regulations;
Infringing or violating the rights of others, including intellectual property rights, privacy rights, publicity rights, or contractual rights;
Creating, uploading, posting, sending, receiving, or storing any Content that is unlawful, harmful, abusive, defamatory, obscene, harassing, threatening, racist, sexist, hateful, or otherwise objectionable;
Creating, uploading, posting, sending, receiving, or storing any Content that contains viruses, malware, or other harmful code or content;
Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
Creating multiple accounts or using another user's account without their permission;
Harvesting or collecting information about other users without their consent;
Sending unsolicited messages, spam, or other forms of commercial solicitation;
Interfering with or disrupting the operation of the Services or their servers or networks, including circumventing any rate limits, restrictions, or bypassing any protective measures or safety mitigations we put on our Services;
Attempting to gain unauthorized access to the Services or their servers or networks;
Modifying, adapting, translating, reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or underlying components of the Services, including any models, algorithms, or systems (except to the extent such restriction is prohibited by applicable law);
Using any automated means, such as bots, scripts, or spiders, to access or use the Services or their content, or to automatically or programmatically extract data or Output;
Framing, mirroring, or linking to any part of the Services or their content without our prior written consent;
Representing that Output from the AI Services was human-generated when it was not;
Using Output to develop models that compete with DoubleSpot; or
Violating the rights or interests of us or any other user of the Services.
We reserve the right to investigate and prosecute any violations of these Terms to the fullest extent of the law. We may also terminate or suspend your access to or use of the Services at any time and for any reason in our sole discretion.
RELEASE
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE DOUBLESPOT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES AND SUPPLIERS FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES (INCLUDING THE AI SERVICES AND ANY OUTPUT GENERATED THEREBY), YOUR USE OF, OR TRANSACTIONS WITH, DOUBLESPOT OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DOUBLESPOT, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH DOUBLESPOT OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. DOUBLESPOT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUT FROM THE AI SERVICES IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DOUBLESPOT, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES (INCLUDING ANY OUTPUT GENERATED BY THE AI SERVICES) AND YOUR USE OF, OR TRANSACTIONS WITH, DOUBLESPOT OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOUBLESPOT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME COUNTRIES AND STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE TERMS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, THESE TERMS ONLY LIMIT OUR RESPONSIBILITIES TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DOUBLESPOT, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, DOUBLESPOT, OR OTHER THIRD PARTIES EXCEED THE AMOUNT YOU HAVE PAID TO DOUBLESPOT FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD OR TEN DOLLARS ($10.00), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DOUBLESPOT, AS APPLICABLE. DOUBLESPOT'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.
DISPUTE RESOLUTION
YOU AND DOUBLESPOT AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
MANDATORY ARBITRATION
YOU AND DOUBLESPOT AGREE TO RESOLVE ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF WHEN THE CLAIM AROSE, EVEN IF IT WAS BEFORE THESE TERMS EXISTED (A "DISPUTE"), THROUGH FINAL AND BINDING ARBITRATION. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS BY CONTACTING SUPPORT@DOUBLESPOT.COM.
Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice at support@doublespot.com. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within sixty (60) days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any applicable statute of limitations will be tolled during this informal resolution process.
Arbitration Forum. If we are unable to resolve the Dispute informally, either of us may commence arbitration with National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable. DoubleSpot will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration provisions and any arbitration.
Arbitration Procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will have exclusive authority to resolve any Dispute, except that the state or federal courts of Cook County, Illinois shall have the authority to determine any Dispute about enforceability or validity of the class action waiver, or requests for public injunctive relief. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.
Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.
CLASS AND JURY TRIAL WAIVERS. YOU AND DOUBLESPOT AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE PROHIBITED. ONLY INDIVIDUAL RELIEF IS AVAILABLE. THE PARTIES AGREE TO SEVER AND LITIGATE IN COURT ANY REQUEST FOR PUBLIC INJUNCTIVE RELIEF AFTER COMPLETING ARBITRATION FOR THE UNDERLYING CLAIM AND ALL OTHER CLAIMS. THIS DOES NOT PREVENT EITHER PARTY FROM PARTICIPATING IN A CLASS-WIDE SETTLEMENT. YOU AND DOUBLESPOT KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM.
Batch Arbitration. If twenty-five (25) or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within ninety (90) days of each other, then you and DoubleSpot agree that NAM will administer them in batches of up to fifty (50) claimants each (each, a "Batch"), unless there are fewer than fifty (50) claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this provision is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.
Severability of Dispute Resolution Provisions. If any part of these dispute resolution provisions is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
Indemnification
You agree to indemnify, defend, and hold harmless DoubleSpot, its affiliates, and their respective officers, directors, employees, agents, shareholders, licensors, licensees, and suppliers from and against any claims, disputes, losses, obligations, demands, liabilities, expenses, damages, costs, and attorneys' fees arising out of or relating to (1) your access to or use of the Services (including the AI Services), (2) your Content, including any Input or Output, (3) your use of, or transactions with, DoubleSpot or other third parties, or (4) your violation of any of these Terms. If you are a business or organization, this indemnification obligation applies to the fullest extent permitted by applicable law.
DoubleSpot reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DoubleSpot in asserting any available defenses.
Governing Law
These Terms are governed by the laws of the State of Illinois, U.S.A., without giving effect to any conflict of laws principles.
Except as provided in the Dispute Resolution section above, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Cook County, Illinois, and you consent to personal jurisdiction and venue in those courts. Neither party will be liable for any delays arising from circumstances beyond its reasonable control.
Intellectual Property
We and our affiliates own all rights, title, and interest in and to the Services. The Platform and all content on the Platform, including but not limited to text, graphics, logos, images, source code, software, models, algorithms, and the selection and arrangement thereof ("Platform Content") is the property of DoubleSpot and its licensors, and is protected by copyright, trademark, patent, trade secret, international treaties, and other proprietary rights and laws.
All Platform Content belongs to DoubleSpot. By creating, uploading, posting, sending, receiving, or storing Content on the Services (excluding Output, which is subject to the ownership provisions set forth in the Content section above), you grant DoubleSpot a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Content.
Trademarks
The DoubleSpot name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks and/or trade dress of DoubleSpot. You must not use any DoubleSpot trademarks or trade dress without the prior written permission of DoubleSpot. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Attorney Fees
If DoubleSpot takes legal action against you as a result of your violation of these Terms, DoubleSpot will be entitled to recover from you, and you agree to pay all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to DoubleSpot.
Reservation of Rights
We specifically reserve all rights that we do not expressly grant in these Terms. Nothing on the Site or in these Terms grants any right or license to use any property of any third party.
Miscellaneous
These Terms constitute the entire agreement between you and DoubleSpot regarding your access to and use of the Services, and, other than any service-specific terms, supersede any prior or contemporaneous agreements between you and DoubleSpot. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us. These Terms do not confer any rights or remedies on any third parties, except as expressly set forth herein. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Our rights and remedies under these Terms are cumulative and not exclusive. We may assign or transfer our rights and obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services without your consent. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. You must comply with all applicable trade laws, including sanctions and export control laws. The Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. The Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.
Contact Us
If you have any questions, please contact us at support@doublespot.com.