Sploot is operated by TekTonix Consulting LLC (“we”, “us” or “our”). These Terms of Service (“Terms”) govern your use of Sploot: the application and website at sploot.sh, and the hosting of apps at sploot-app.com (together, the “Service”). They apply to every plan and tier of the Service, and to every use of it, including opening an app someone else deployed. By accessing or using the Service, you agree to these Terms on behalf of yourself or the entity you represent, and you confirm that you have the authority to do so. You must be at least 18 years old to use the Service. If you do not agree to these Terms, please do not use the Service.

Important: please read Section 13 carefully. It contains an agreement to resolve disputes through binding individual arbitration instead of in court, and includes a waiver of class action rights and jury trial rights. You have 30 days to opt out of the arbitration agreement, as described in Section 13.

1. Accounts

1.1 Creating an account

Some features of the Service require an account; others, like the waitlist form on sploot.sh, ask only for an email address. When you register or give us an email address, you agree to provide accurate and complete information that is yours to give, and to keep it current. You may close your account at any time. We may suspend or terminate your account as described in Section 10.

1.2 Account security

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. If you believe your account has been accessed without your authorization, please notify us immediately. We are not liable for any losses resulting from your failure to keep your credentials secure.

2. Access to the Service

2.1 License

Subject to these Terms and your plan, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal and internal business purposes.

2.2 Restrictions

You may not: (i) license, sell, rent, lease, or otherwise resell the Service; (ii) modify, create derivative works from, disassemble, reverse-compile, or reverse-engineer any part of the Service; (iii) access the Service in order to build a similar or competing product or service; or (iv) copy, reproduce, distribute, republish, or transmit any part of the Service except as expressly permitted by these Terms. Sharing access to your own apps through the Service’s access controls is what the Service is for and does not violate this section. All copyright and proprietary notices on the Service must be kept intact on any copies you are permitted to make.

2.3 Changes to the Service

We may modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice, and we are not liable to you or any third party for doing so. If we discontinue the Service entirely, we will refund any prepaid fees covering the period after discontinuation.

2.4 Support

We have no obligation to provide support or maintenance for the Service beyond anything expressly included in your plan.

2.5 Ownership

All intellectual property rights in the Service, excluding Your Content, belong to us or our suppliers. This includes copyrights, patents, trademarks, and trade secrets. These Terms do not transfer any ownership rights to you, except for the limited access rights in Section 2.1. All rights not expressly granted are reserved.

2.6 Feedback

If you share feedback or suggestions about the Service with us, you grant us a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, royalty-free license to use that feedback freely, in any manner and for any purpose, without attribution. Please do not submit any feedback that you consider proprietary or confidential.

3. Your Content

3.1 You own it

“Your Content” is everything you submit to the Service: the code and apps you deploy, the data they store, and anything else you upload. These Terms transfer no ownership of Your Content to us.

3.2 The license you give us

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, execute, transmit, and display Your Content, solely as needed to provide the Service: building and running your apps, backing them up, and making them available to the people you authorize. This license ends when Your Content is deleted from the Service, except for backups retained in the ordinary course.

3.3 Your responsibilities

You are responsible for Your Content: for having the rights to submit it, for what it does, and for the access you grant to it. Your Content and your use of the Service must comply with our Acceptable Use Policy, which is part of these Terms. We may remove or disable access to Your Content if we determine it violates that policy or these Terms.

4. Fees and payment

Some parts of the Service are paid. The fees, billing period, and what a plan includes are presented when you purchase, and by purchasing you authorize us and our payment processor to charge the payment method you provide. Paid plans renew automatically at the end of each billing period until cancelled. You can cancel at any time, and cancellation takes effect at the end of the current billing period. If we change a price, we will give you advance notice, and the change takes effect at your next renewal. Fees are exclusive of taxes, which are your responsibility, and are non-refundable except as our Refund Policy describes or where these Terms or applicable law provide otherwise. We may suspend or terminate access to paid features for non-payment.

5. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. It describes the personal data and other information we collect from you or your device, how we use it, and the circumstances under which we may share it. If there is a conflict between these Terms and the Privacy Policy with respect to the collection, use, or processing of your personal data, the Privacy Policy controls. The Service uses cookies and similar technologies as described in the Privacy Policy.

6. Indemnification

You agree to defend, indemnify, and hold harmless us and our officers, employees, and agents from any claims and reasonable costs or attorneys’ fees arising out of (i) your use of the Service or Your Content, (ii) your violation of these Terms, or (iii) your violation of any applicable law or regulation. We may assume control of the defense of any such claim at your expense, and you agree to cooperate with our defense. You agree not to settle any such claim without our prior written consent. We will make reasonable efforts to notify you promptly of any claim we become aware of.

7. Third-party services

The Service may include links to or integrations with third-party websites or services (“Third-Party Services”). We do not control, endorse, or take responsibility for any Third-Party Services. You use all Third-Party Services at your own risk, and you acknowledge and agree that the applicable third party’s own terms and privacy practices will apply to such use.

To the fullest extent permitted by law, you release us and our officers, employees, agents, successors, and assigns from all claims, demands, and damages of any kind arising out of or related to Third-Party Services, other users of the Service, or apps deployed by others. If you are a California resident, you waive California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.”

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL CODE. WHERE APPLICABLE LAW DOES NOT PERMIT THESE DISCLAIMERS AND REQUIRES WARRANTIES, THOSE WARRANTIES ARE LIMITED TO 90 DAYS FROM YOUR FIRST USE OF THE SERVICE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE AND OUR SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COSTS OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE; AND (B) OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS IS CAPPED AT THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE INCIDENT GIVING RISE TO THE CLAIM; IF YOU HAVE PAID US NOTHING, OUR TOTAL LIABILITY IS ZERO TO THE FULLEST EXTENT PERMITTED BY LAW. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT INCREASE THIS CAP.

10. Term and termination

These Terms remain in effect while you use the Service. We may suspend or terminate your access (including suspending or deleting your account) at any time and for any reason, including if we believe you have violated these Terms, and we are not liable to you for doing so. You may stop using the Service and close your account at any time. After termination we may delete Your Content, so export anything you need before closing your account. Upon termination, Sections 2.2, 2.5 and 2.6, and Sections 5 through 13, will survive, along with any payment obligations you incurred before termination.

11. State-specific legal notices

The provisions in this Section 11 apply only to users to the extent such users are subject to the laws of the applicable states identified below. If a provision in this section conflicts with another provision of these Terms, the state-specific provision controls for users subject to that state’s laws.

11.1 California

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, at 1625 N. Market Blvd. Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210. Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: the provider of the Service is TekTonix Consulting LLC. To file a complaint regarding the Service, or to receive further information regarding use of the Service, contact us at hello@sploot.sh, or contact the Complaint Assistance Unit at the address and phone number above. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (as amended by the California Privacy Rights Act), including the right to know what personal information we collect, the right to delete your personal information, the right to correct inaccurate personal information, and the right to opt out of the sale or sharing of your personal information. For details on how to exercise these rights, see our Privacy Policy.

11.2 Colorado

If you are a Colorado resident, you may have additional rights under the Colorado Privacy Act, including the right to opt out of the processing of your personal data for purposes of targeted advertising, the sale of personal data, and certain profiling. For details, see our Privacy Policy.

11.3 Connecticut

If you are a Connecticut resident, you may have additional rights under the Connecticut Data Privacy Act, including rights of access, correction, deletion, and data portability, as well as the right to opt out of the sale of personal data, targeted advertising, and profiling. For details, see our Privacy Policy.

11.4 Virginia

If you are a Virginia resident, you may have additional rights under the Virginia Consumer Data Protection Act, including the right to access, correct, delete, and obtain a copy of your personal data, and the right to opt out of the processing of your personal data for targeted advertising, sale, or profiling. For details, see our Privacy Policy.

11.5 Nevada

If you are a Nevada resident, you have the right under Nevada Revised Statutes Chapter 603A to direct us not to sell certain information we have collected or will collect about you. We do not sell such information, but you may exercise this right by contacting us at hello@sploot.sh.

11.6 Other states

Residents of other states with comprehensive privacy laws may have similar rights. Our Privacy Policy describes them and how to exercise them.

12. General

12.1 Changes to these Terms

We may update these Terms from time to time. If we make material changes, we may notify you by email (at an address you have given us) or by a prominent notice on the Service. Your continued use of the Service after notice of changes means you accept the updated Terms.

12.2 Governing law

These Terms and any dispute arising out of or related to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. For any claim or dispute not subject to the arbitration provisions in Section 13, you and we irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Florida. Notwithstanding the foregoing: (a) either party may bring an action in any court of competent jurisdiction for injunctive or other equitable relief to protect its intellectual property rights (including patents, copyrights, trademarks, and trade secrets); and (b) either party may bring an individual action in small claims court for claims within that court’s jurisdictional limits.

12.3 Export

You agree not to export, re-export, or transfer any technical data or products acquired from the Service in violation of U.S. export control laws or applicable regulations in other countries.

12.4 Electronic communications

By using the Service, you consent to receiving communications from us electronically, by email or by notices posted on the Service. These electronic communications satisfy any legal requirement for written notice.

12.5 Accessibility

We are committed to making the Service accessible to all users, including individuals with disabilities. We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as published by the World Wide Web Consortium (W3C). If you experience any difficulty accessing or navigating the Service, or if you have suggestions for improving accessibility, please contact us at hello@sploot.sh. We will make reasonable efforts to address accessibility concerns promptly.

12.6 Entire agreement

These Terms (together with the Privacy Policy, the Acceptable Use Policy, the Refund Policy and any other policies or guidelines referenced herein) are the entire agreement between you and us regarding your use of the Service. If any provision of these Terms is found to be invalid or unenforceable, it will be modified to the minimum extent necessary to be valid, and the remaining provisions will continue in effect. Our failure to enforce any provision is not a waiver of that provision. The word “including” means “including without limitation.” You may not assign these Terms without our prior written consent; we may assign them freely. These Terms bind any permitted assignees.

12.7 Trademarks

All trademarks, logos, and service marks displayed on the Service are owned by us or third parties. You may not use any of them without prior written consent from the owner.

13. Dispute resolution

Please read this section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.

13.1 Applicability

Except as described below, you and we agree to resolve all disputes arising out of or relating to the Service or these Terms through binding individual arbitration, not in court. Exceptions include: (i) claims that qualify for small claims court, brought on an individual basis; and (ii) requests for equitable relief related to intellectual property (such as trademarks, trade secrets, or copyrights). This arbitration agreement applies to all claims, including those that arose before you agreed to these Terms.

13.2 Try to resolve first

Before starting arbitration, the parties agree to try to resolve the dispute informally. The party raising the dispute must send written notice (an “Informal Notice”) to the other party. Within 45 days of receiving that Informal Notice, the parties will meet by phone or video in good faith to try to work things out. Our notice address is hello@sploot.sh. If the informal dispute resolution process does not resolve the dispute within 60 days, either party may start arbitration.

13.3 Arbitration forum and rules

The arbitration will be administered by a nationally recognized arbitration provider that you and we agree on. If the parties cannot agree on a provider within 30 days of a written proposal, either party may ask a court of competent jurisdiction to appoint an arbitrator under Section 5 of the Federal Arbitration Act. The arbitration will be conducted under the provider’s rules for consumer disputes then in effect and, unless the parties agree otherwise, in the county where you live. All arbitration materials and documents are confidential.

13.4 Contents of the arbitration request

The arbitration request must include: (i) your contact information and account email (if applicable); (ii) a description of the claims and supporting facts; (iii) the relief you are seeking and a good-faith damages estimate; (iv) confirmation that you completed the informal resolution process; and (v) proof of any required filing fee payment.

13.5 Authority of arbitrator

The arbitrator has authority to resolve all arbitrable disputes, including questions about the scope and enforceability of this arbitration agreement, except that courts (not arbitrators) will decide: (i) challenges to the class action waiver below; (ii) disputes about arbitration fees; (iii) whether a condition precedent to arbitration has been satisfied; and (iv) which version of this agreement applies. The arbitrator may award the same relief as a court, but on an individual basis only. The arbitrator’s award is final and binding, and judgment may be entered in any court with jurisdiction.

13.6 Waiver of jury trial

BY AGREEING TO ARBITRATION, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY FOR ALL COVERED CLAIMS.

13.7 Waiver of class actions

ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE MAY BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. The arbitrator may only award relief on an individual basis. If a court finds this class action waiver unenforceable as to a specific claim, that claim may be litigated in state or federal court in Florida; all other claims remain subject to arbitration.

13.8 Attorneys’ fees

Each party bears its own attorneys’ fees unless the arbitrator finds a claim was frivolous or brought for an improper purpose.

13.9 Batch arbitration

If 100 or more substantially similar arbitration demands are filed against us within a 30-day period by the same law firm or coordinated group, the arbitration provider will batch them into groups of 100 and appoint one arbitrator per batch, with one set of fees per batch.

13.10 Opt-out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to hello@sploot.sh. Your notice must include your name, your email address, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.

13.11 Severability

If any part of this arbitration agreement is found invalid, it will be modified to the minimum extent necessary to make it enforceable; the rest of the agreement remains in effect.