Terms of Use

1. Who we are and acceptance

The Service is provided by Davide Quercia (the "Provider", "we"), email team@spodded.com, website spodded.com.

These Terms constitute an agreement between you and the Provider. By signing up you accept them; on your first access we also ask you to confirm this by ticking the box in the app, which also confirms that you are at least 16 years old. If you do not accept them, you may not use the Service. When a material change requires it, we will ask you to accept the new version (section 18).

2. The Service

Spodded is a map-based social app that lets you create and discover "Spods": geolocated points referring to a person, a place or an event, within an area and a time window. In particular, you can:

• create Spods with a type, name, description, photos, location, time window and, for people, a generic physical description;
• see other users' Spods on the map, filter them, save them and "like" them;
• start private chats linked to a Spod with its author;
• optionally describe your own appearance ("Looks Like Me") to find out whether someone has created a Spod that might describe you;
• receive push notifications, if you turn them on;
• report content and users and block other users.

The Service is free and contains no advertising. We may add, change or remove features to improve it, for technical or security reasons or to comply with the law; if a change significantly reduces what you can do, we will tell you reasonably in advance, except in urgent cases.

3. Requirements

• You must be at least 16 years old. If you are not, you may not use Spodded. You declare your age on your first access by ticking the acceptance box: we do not ask for documents, but if we have reason to believe that an account belongs to a younger person we may suspend or close it.
• You must not have been previously excluded from the Service for breaching these Terms.
• By accepting, you confirm that the information you provide is truthful and that you are not prohibited from using the Service under applicable law.

4. Accounts and guest access

You can sign up with email and password, with Apple or with Google, or enter as a guest without providing an email address.

• You are responsible for keeping your credentials confidential and for what happens with your account. Let us know immediately at team@spodded.com in case of unauthorised use.
• An account is personal: you may not transfer or sell it, or use it to impersonate another person.
• A guest account is anonymous and tied to the app on your device. You can later link it to an email address. If you sign out or uninstall the app without linking it, you will no longer be able to recover it or the content it contains.
• A guest account that has not created any Spods and is not used for more than 180 days is deleted automatically, together with all its data. Guest accounts that have created Spods are not deleted automatically.
• You can delete your account at any time from your profile; the consequences are described in the Privacy Policy.

5. Content rules

You are responsible for the content you publish (Spods, text, photos, messages, profile). You may not publish or send content that:

• is unlawful or encourages unlawful activities;
• incites hatred, violence or discrimination, or contains threats;
• harasses, intimidates, humiliates or persecutes anyone;
• is sexually explicit or contains nudity, or sexualises a minor in any way;
• is false, misleading or defamatory, or is used to impersonate others;
• infringes copyright, trademarks, image rights or other third-party rights;
• is spam, unsolicited advertising, a scam or a means of harvesting other people's data;
• contains viruses or malicious code.

6. Spods describing people

Spods describing a person you have met, including people who are not registered on Spodded, are at the heart of the Service: they are meant to help you find someone you had an encounter with, in a respectful way. There is no prior review, so the following rules are binding and breaching them leads to removal of the content and, in serious cases, to suspension or closure of the account.

In a Spod describing a person, you may not:

• describe or depict minors under 18;
• state their first and last name, phone number, email, social media profiles, home or work address, licence plate or any other element that allows the person to be directly identified or contacted;
• publish photos in which the person is recognisable without their consent;
• mention sensitive data: health or disability, sexual orientation or sex life, ethnic origin, religious or philosophical beliefs, political opinions, trade union membership, genetic or biometric data, criminal or legal proceedings;
• use sexual or suggestive content, or degrading comments about someone's body or appearance;
• harass, follow or stalk anyone, report their movements in real time in order to track them down, publish information to expose them (doxxing) or persist after a refusal or a block;
• attribute to the person offensive or untrue facts, behaviour or judgements.

Describe only what is necessary (place, time, generic appearance) and always respect the person's dignity. If a person asks us to remove a Spod about them, we review the request as a priority and will normally remove it; no account is needed to do so: just write to team@spodded.com identifying the Spod.

7. Chats and interactions

• Chats are private between the two participants. The first time you write to someone you send a request: the chat is considered accepted when the other person replies.
• Do not send unsolicited sexual content and do not persist if the other person does not reply or blocks you.
• Deleting a chat deletes it together with all its messages, for the other participant as well.
• If you decide to meet in person someone you got to know on Spodded, do so in a public place and with caution. The Provider does not verify users' identities and does not arrange meetings.

8. Reporting and blocking

From a Spod, a profile or a chat you can report content or a user by choosing a reason (harassment, personal data, spam, fake, inappropriate, other) and adding a description. You can also block a user: you will no longer see their Spods and chats.

Reports are reviewed by the Service's administrators, who are alerted by a notification when new reports arrive. We undertake to handle them diligently and objectively, normally within 72 hours, giving priority to serious cases: minors, personal data, threats, harassment or danger to someone's safety.

Anyone, even without an account, can report content they consider unlawful by writing to team@spodded.com and stating: the content (for example the place, date or a screenshot of the Spod), the reasons why they consider it unlawful and, except in cases of child abuse, their name and email address. We acknowledge receipt and inform the person who reported it of our decision.

Anyone who frequently submits manifestly unfounded reports may, after a warning, have their reports disregarded for a reasonable period of time.

If there is immediate danger, contact the authorities (in the EU, the emergency number 112).

9. Moderation and measures

To enforce these Terms and the law we may, in proportion to the seriousness of the breach:

• edit or remove content;
• temporarily suspend the account;
• permanently close the account in serious or repeated cases;
• retain the necessary information and, where required by law, disclose it to the authorities.

Decisions are taken by people, not by automated systems, and administrators' actions are logged.

When we remove your content or suspend or close your account, we let you know, in the app or by email if available, unless the law prevents it: we state the measure, the facts, the rule of these Terms or the legal provision it is based on, and how to challenge it.

You can challenge the decision within 6 months by writing to team@spodded.com: we will review it promptly and impartially and tell you the outcome with reasons. You may also turn to an out-of-court dispute settlement body certified under Regulation (EU) 2022/2065 or to the courts.

10. Areas and managers

Administrators can create "areas" that group the Spods within them, for example a university or a venue. An area may be assigned a manager, i.e. a user who:

• receives the chats addressed to the area;
• can edit its name, description and photo;
• can remove the Spods located within the area.

The manager must use these powers in good faith and in accordance with these Terms. The Provider may revoke the role at any time. By creating a Spod within an area you accept that the manager may remove it.

11. Notifications and communications

If you turn them on, the app sends push notifications for chats, "likes", Spods that might describe you, new Spods near you and news about the Service. Administrators may also send service or safety communications to all users, to specific users or to users whose last known location falls within an area. You can turn notifications off in the app (main switch and per type) or in your device settings. We do not send third-party advertising.

12. Location

The map, creating Spods and "near you" notifications use your device's location, only while you use the app and only if you allow it. A Spod's location is the one you choose and is visible to other users: do not place Spods at private homes or at places that would allow someone to be tracked down.

13. Intellectual property and licences

• The app, the Spodded brand, the design and the software belong to the Provider or its licensors. We grant you a personal, free, non-exclusive, non-transferable and revocable licence to use the app for personal, non-commercial purposes, in accordance with these Terms.
• The content you publish remains yours. By publishing it you grant the Provider a non-exclusive, free, worldwide licence to store, reproduce, adapt in format (for example resizing photos) and display it to users within the Service, for as long as it remains published plus the technical time needed to delete it.
• You warrant that you hold the necessary rights to the content you publish, including photos.
• Map data is provided by Mapbox and OpenStreetMap contributors (© Mapbox, © OpenStreetMap contributors).

14. Prohibited uses of the Service

You may not:

• automatically extract data or content (scraping) or use bots and automated accounts;
• circumvent security measures, limits or blocks, or access other people's accounts and data;
• decompile or modify the app, except to the extent permitted by law;
• overload or impair the operation of the Service;
• create multiple accounts to evade a suspension or a block.

15. Availability of the Service

We do our best to keep the Service available and secure, but it may be interrupted for maintenance, updates, failures or causes beyond our control. The Service also relies on third-party providers (for example Google Firebase, Apple, Mapbox), whose operation does not depend on us.

16. Warranties and liability

• The Service is free and is provided as is. We do not guarantee that it is error-free or that users' content is truthful: each user is responsible for their own content and conduct.
• We are not liable for content published by users where we are not aware of it; when we become aware of unlawful content, we act promptly.
• Nothing in these Terms excludes or limits our liability for wilful misconduct or gross negligence, for personal injury or in cases where the law does not allow it to be excluded or limited, nor the rights granted to you by the Italian Consumer Code (Legislative Decree 206/2005) or other mandatory consumer protection rules.
• To the extent permitted by law, we are not liable for indirect or unforeseeable damage, nor for the consequences of meetings or relationships between users outside the Service.
• You are liable for damage caused to the Provider or to third parties by your breach of these Terms.

17. Term and termination

The agreement lasts for as long as you use the Service. You may withdraw at any time by deleting your account from the app. We may close your account in case of serious or repeated breaches, as set out in section 9. If we decide to discontinue the Service, we will give at least 30 days' notice, except in cases of force majeure.

18. Changes to the Terms

We may update these Terms to reflect changes to the Service or the law. Each version shows its date and version number at the top. Material changes will be notified to you in the app at least 15 days before they take effect, except for those required by law or necessary for security, which may take effect immediately. If a change requires your consent, we will ask you to accept the new version to keep using Spodded; in other cases, by continuing to use the Service after the effective date you accept the new version. If you do not agree, you can delete your account at any time.

19. Governing law and jurisdiction

These Terms are governed by Italian law. If you are a consumer, disputes fall within the jurisdiction of the court of the place where you reside or are domiciled, and you in any case keep the mandatory protections provided by the law of your country of residence in the European Union. Before going to court you can write to us at team@spodded.com to seek an amicable solution.

20. Additional terms for Apple's App Store

If you downloaded the app from Apple's App Store, the following terms also apply:

• These Terms are concluded between you and the Provider only, and not with Apple Inc. ("Apple"). The Provider, not Apple, is solely responsible for the app and its content.
• The licence to use the app allows you to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the app may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• The Provider is solely responsible for providing maintenance and support services for the app; Apple has no obligation whatsoever to furnish any maintenance and support services.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app (the app is free); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app.
• The Provider, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of it, including product liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
• In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, the Provider, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
• You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Any questions, complaints or claims regarding the app can be directed to the Provider at the contact details given in section 1.
• When using the app you must also comply with applicable third-party terms of agreement (for example your wireless data service agreement).
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of 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.

21. Google Play

If you downloaded the app from Google Play, these Terms are concluded between you and the Provider, not with Google. The Google Play Terms of Service also apply; Google is not responsible for the app or its content.

22. Contact

For any questions about these Terms, reports or complaints: Davide Quercia, email team@spodded.com. The same email address is the point of contact for authorities and users under Regulation (EU) 2022/2065 on digital services (Digital Services Act); you can write to us in Italian or English.

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