Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Spotinga platform, including all related services, features, and content ("Platform"), available at spotinga.com and related domains. By creating an account or using the Platform, you enter into a binding agreement with us and agree to these Terms. If you do not agree, do not use the Platform.

The Platform is operated by Kenoli Systems ("Spotinga", "we", "us", or "our").

Spotinga is a marketplace platform. We connect independent providers — hosts, guides, operators, and experience creators — with customers seeking to discover and book tours, events, activities, drives, and other experiences worldwide.

Spotinga does not own, operate, employ, or directly provide any listed experience or service unless stated. Providers are independent third parties. We do not endorse or guarantee the quality, safety, or legality of any listed service. When you book through Spotinga, you are entering into a direct agreement with the provider — not with Spotinga.

You must be at least 18 years old to use the Platform. By using Spotinga, you represent that you are of legal age and have the authority to enter into a binding agreement. Use of the Platform by anyone under 18 is not permitted.

If you list services on Spotinga as a provider or host, you agree to the following:

• You have the legal right to offer the services you list in the jurisdictions where they are provided.
• All listing content — descriptions, photos, pricing, availability, and refund policies — is accurate and kept up to date.
• You comply with all applicable local, national, and international laws and regulations, including licensing, insurance, permits, health and safety requirements, and any sector-specific regulations relevant to your service and region.
• You will honour confirmed bookings and communicate promptly and professionally with customers.
• You are solely responsible for the delivery, safety, and quality of your services.
• You understand that Spotinga charges a platform fee on transactions facilitated through the Platform, as disclosed during onboarding.
• You will not solicit customers to transact outside the Platform in order to circumvent Platform fees.

Spotinga reserves the right to remove listings or suspend provider accounts for violations of these Terms, inaccurate content, or conduct that is harmful to customers or the Platform.

When booking through Spotinga as a customer, you agree to:

• Review all listing details — including the provider's refund and cancellation policy — before confirming a booking.
• Pay the listed price and any applicable platform fees at checkout.
• Follow the provider's participation guidelines and conduct requirements during the experience.
• Not initiate chargebacks or payment disputes except in genuine cases of fraud or unauthorised transactions.
• Provide accurate participant information where required for a booking (e.g., group size, dietary requirements, special needs).

Spotinga uses third-party payment processors to facilitate secure transactions globally. Prices are displayed in the applicable currency and may include platform fees and applicable taxes.

By submitting a payment, you authorise the charge to your selected payment method. You are responsible for ensuring your payment details are valid and that sufficient funds are available.

For international bookings, currency conversion rates and any applicable bank or foreign exchange fees are the customer's responsibility.

Spotinga collects payments from customers on behalf of providers and transfers earnings to providers after deduction of the applicable platform fee, subject to the payout schedule shown in the provider dashboard.

Each listing on Spotinga is governed by the refund and cancellation policy set by the provider. Spotinga does not set or override individual provider policies. Always review the specific policy displayed on a listing page before confirming a booking.

For an overview of how refunds are handled on the Platform, see our Refund Policy. For disputes with a provider, contact our support team through the Help Center and we will assist in facilitating a resolution.

All Platform content created by Spotinga — including the website design, logo, software, and written content — is the property of Kenoli Systems and protected by applicable intellectual property laws. You may not reproduce, redistribute, or create derivative works from any Spotinga content without our express written permission.

By submitting content to the Platform (reviews, photos, listing descriptions, and similar), you grant Spotinga a non-exclusive, royalty-free, worldwide, sublicensable licence to use, display, reproduce, and distribute that content in connection with operating and promoting the Platform. You retain ownership of your content but are responsible for ensuring it does not infringe any third-party rights.

You may not use Spotinga to:

• Violate any applicable law or regulation in any jurisdiction.
• Post false, misleading, or fraudulent listings, descriptions, or reviews.
• Harass, threaten, impersonate, or harm other users or providers.
• Engage in price manipulation, fake bookings, or systematic abuse of the Platform.
• Circumvent the Platform to complete transactions directly and avoid Platform fees.
• Use automated tools, bots, or scrapers to access the Platform without our express written permission.
• Upload or transmit malware, viruses, or any harmful code.
• Infringe on Spotinga's or any third party's intellectual property rights.
• Discriminate against any user or provider on the basis of race, religion, gender, nationality, disability, sexual orientation, or any other protected characteristic.

Spotinga reserves the right to take any legal action and implement any technical remedies necessary to enforce these Terms and protect the integrity of the Platform.

The Platform may contain links to third-party websites and integrations with third-party services. These are provided for convenience only. Spotinga does not endorse and has no control over third-party content, and is not responsible for any loss or damage arising from your use of third-party services. Your interactions with third parties are governed by their own terms and privacy policies.

SPOTINGA PROVIDES THE PLATFORM "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND — EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE AT ALL TIMES.

We make no representations about the quality, safety, suitability, or legality of any listing or provider service. Your use of the Platform and participation in any booked experience is at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPOTINGA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY BOOKED SERVICE — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total aggregate liability to you for any claim arising out of your use of the Platform shall not exceed the total amount you paid to Spotinga in the twelve (12) months preceding the event giving rise to the claim.

You agree to defend, indemnify, and hold harmless Spotinga, its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Platform; (b) your listings or bookings; (c) content you submit to the Platform; or (d) your violation of these Terms or any applicable law.

Spotinga reserves the right to suspend or terminate any account at any time, with or without notice, for violations of these Terms, fraudulent activity, or conduct that is harmful to the Platform, its users, or providers.

You may close your account at any time through your account settings. Termination does not affect bookings already confirmed or obligations already incurred prior to termination.

These Terms are governed by applicable law. Disputes arising from the use of this Platform should first be raised with our support team through the Help Center. We will make reasonable efforts to resolve disputes through good-faith negotiation. If unresolved, disputes may be submitted to binding arbitration or courts of competent jurisdiction, depending on the nature of the claim and the jurisdiction of the parties involved.

We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice on the Platform at least fourteen (14) days before changes take effect. Continued use of Spotinga after the effective date constitutes acceptance of the updated Terms. We recommend reviewing these Terms periodically.

For questions about these Terms, visit our Help Center or reach us via the Contact page.

Statutory disclosure: The Platform is operated by Kenoli Systems, a company incorporated under the laws of India (registered office: Bangalore, India). All data processing occurs on infrastructure in the United States and is governed accordingly.