Privacy Policy | Experiential Platform

PRIVACY POLICY

Spotlit Inc. ("Spotlit," "we," "our," or "us") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, and disclose your personal information when you use our experiential platform, Spotlit, and any related services, features, content, or applications (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy, which is incorporated by reference into the Terms and Conditions that govern your use of the Services.

We may update this Privacy Policy from time to time. We will notify you of any material changes by posting the new Privacy Policy on our website or app and indicating the date of the latest revision. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Privacy Policy.

1. Services and User Roles

(As seen in the Terms and Conditions)

Spotlit offers Services to three distinct categories: Brands, Spotlitters (all kinds of influencers on Spotlit), and A-Listers (registered users).

1.1 A-Listers are registered users who can only register using their billing or contract-based mobile numbers around the world, where they will get an OTP to sign in once we confirm it is not a prepaid or a pay-as-you-go mobile number. A-Listers may only engage with or experience the content posted by Brands and Spotlitters.

1.2 Spotlitters are influencers who can only enter Spotlit when invited by Brands to "spotlit" (participate in) their experiences. They may also enter Spotlit if invited by the CEO of Spotlit or by a dedicated scout team within Spotlit. When invited, they can register as a Spotlitter and commence participating in the experiences crafted by Brands as well as other Spotlitters. They may even craft experiences themselves as they grow on Spotlit.

1.3 Brands are businesses that can create and share content on the Services. By paying and registering as a Brand, you represent and warrant that you have all necessary rights to use the content or information you post and to grant us the license to use such content or information as set forth in Section 5. Brands may invite Spotlitters on the platform as they craft 'experiences' on Spotlit.

2. Information we collect

2.1 Personal Information

We collect personal information that can be used to identify you, such as your name, email address, billing or contract-based mobile number, and payment information when you register as an A-Lister, Spotlitter or a Brand. We may also collect information about your device, such as your IP address, browser type, and operating system, and information about your use of the Services, such as your search queries and the pages you view.

2.2 Spotlitter Information

When Spotlitters register, we may collect personal information about them, such as their name, email address, and payment information. We also collect information about their content, including the experiences they craft and share on the Services.

2.3 Children's Information

We do not knowingly collect personal information from children under the age of 13. If we become aware that we have inadvertently collected personal information from a child under the age of 13, we will delete the information from our servers.

3. How we use your information

3.1 Personal Information

We use your personal information to provide and improve the Services, process your transactions, and communicate with you about the Services. We may also use your personal information to personalize your experience on the Services and to send you marketing communications about our products and services or those of third parties. You may opt-out of receiving marketing communications from us at any time by following the instructions provided in the communication.

3.2 Spotlitter Information

We use Spotlitter information to provide the Services, improve our products and services, and develop new products and services. We may also use Spotlitter information to personalize the experiences of A-Listers and to help them discover and engage with relevant content on the Services.

3.3 Children's Information

We do not knowingly collect personal information from children under the age of 13.

4. How we share your information

4.1 Service Providers

We may share your personal information with third-party service providers who perform services on our behalf, such as payment processing, data analysis, and marketing. These service providers are authorized to use your personal information only as necessary to provide these services to us.

4.2 Business Partners

We may share your personal information with our business partners to offer you products, services, or promotions that may be of interest to you. If you do not want us to share your personal information with our business partners, please contact us at support@spotlit.co.

4.3 Compliance with Laws and Law Enforcement

We may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to comply with legal obligations or to protect and defend our rights or property or those of our users.

5. Data Security

5.1 We take reasonable measures to protect the security of your personal information and to ensure that your information is treated securely and in accordance with this Agreement and applicable laws. While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

5.2 We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use.

5.3 You are responsible for safeguarding your password and for any actions taken using your account. You agree not to disclose your password to any third party and to notify us immediately of any unauthorized use of your account.

6. User Content

6.1 You retain ownership of all content or information you post, upload, or transmit through the Services ("User Content").

6.2 By posting, uploading, or transmitting User Content, you grant Spotlit a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, distribute, modify, create derivative works of, and otherwise exploit your User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Spotlit's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

6.3 You represent and warrant that you have all necessary rights to grant the license set forth in this Section 5, and that your User Content, and your provision thereof through the Services, complies with all applicable laws, rules, and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

6.4 You agree that you will not post, upload, or transmit any User Content that violates or infringes the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity, or other personal or proprietary rights.

7. Privacy Policy

7.1 We collect, use, and disclose your personal information in accordance with our Privacy Policy, which is incorporated into and considered a part of this Agreement.

7.2 By using the Services, you consent to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

8. Indemnification

You agree to indemnify, defend, and hold harmless Spotlit, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your use of the Services (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. SPOTLIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

10. Limitation of Liability

10.1 You expressly understand and agree that Spotlit and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Spotlit has been advised of the possibility of such damages), resulting from:

(a) the use or inability to use the services;

(b) any changes made to the services or any temporary or permanent cessation of the services or any part thereof;

(d) the deletion of, corruption of, or failure to store any content or other data maintained or transmitted by or through your use of the services;

(e) statements or conduct of any third-party on the services; or

(f) any other matter relating to the services.

10.2 In no event shall the total liability of Spotlit and its affiliates, officers, employees, agents, partners, and licensors to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the services (whether in contract, tort, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the services during the twelve months preceding the date of the claim or one hundred dollars ($100), whichever is greater.

10.3 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth in this section may not apply to you.

11. Indemnification

You agree to indemnify and hold Spotlit and its affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

(a) your use of the services;

(b) your violation of these terms;

(d) your conduct on the services; or

(e) any content or material you submit, post, transmit, or make available through the services.

12. User Conduct

12.1 You agree to use the Services only for lawful purposes and in a way that does not infringe upon the rights of others, including without limitation the right of privacy, publicity or other personal or proprietary rights.

12.2 You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services.

12.3 You further agree that you will not use any automated means, including without limitation agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services without Spotlit's prior written consent.

12.4 You agree that you will not use the Services to transmit, distribute, or upload any content or material that contains viruses, Trojan horses, worms, time bombs, or any other harmful programs or elements.

12.5 You agree that you will not use the Services to engage in any activity that would constitute a criminal offense or give rise to a civil liability.

12.6 You acknowledge that Spotlit may remove any content or material that violates these Terms or is otherwise objectionable, and may terminate your access to the Services if you violate these Terms.

13. Governing Law and Dispute Resolution

13.1 These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the jurisdiction where Spotlit is headquartered, without giving effect to its conflict of laws provisions.

13.2 Any dispute arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that Spotlit may seek injunctive relief or other equitable remedies in any court of competent jurisdiction.

13.3 The arbitration shall take place in the jurisdiction where Spotlit is headquartered, and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

13.4 To the fullest extent permitted by law, you waive any right to participate in any class action lawsuit against Spotlit or its affiliates, officers, agents, employees, partners, and licensors.

13.5 If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

13.6 These Terms constitute the entire agreement between you and Spotlit and govern your use of the Services, superseding any prior agreements between you and Spotlit.

13.7 You may not assign these Terms or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Spotlit, and any attempted assignment without such consent will be null and void.

13.8 Spotlit may assign these Terms or any rights or obligations hereunder without your prior written consent.

13.9 No waiver of any breach of these Terms, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege.

13.10 The section titles in these Terms are for convenience only and have no legal or contractual effect.

13.11 These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

13.12 Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Middletown, Delaware, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

14. Security

You use the Services at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Services or e-mail. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Services, or third party websites.

15. International users

By using our Services, you understand and acknowledge that your Personal Information will be transferred from your location to our facilities and servers in the United States.

16. Your choices

If you choose not to provide Personal Information that is needed to use some features of our Services, you may be unable to use those features.

17. Changes to the Privacy Policy

We may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by applicable law. By continuing to use our Services or providing us with Personal Information after we have posted an updated Privacy Policy, or notified you by other means, you consent to the revised Privacy Policy.

By using the Services, you acknowledge that you have read, understood, and agreed to be bound by this Privacy Policy and the accompanying Terms and Conditions. If you do not agree to this Policy or the Terms of Conditions, please do not use the Services.