Terms & Conditions
1. Introduction
Welcome to Hotspot, a mobile application (the "App") designed to transform your dating experience. The App is owned and operated by Theo Hayeck (the "Owner," "we," "us," or "our"). Hotspot connects individuals by analyzing their financial transaction data to recommend potential matches based on shared interests, common venues, and lifestyle preferences.
These Terms and Conditions (the "Terms") govern your access to and use of the App, including any content, functionality, and services offered on or through the App. Please read these Terms carefully before using the App. By accessing, registering, or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not access or use the App.
2. Acceptance of Terms
By downloading, registering, or using the Hotspot app, you confirm that you accept these Terms and that you agree to comply with them. Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. If you do not agree to these Terms or any part of these Terms, then you do not have permission to access or use the App.
Your use of the App means that you must also agree to our Privacy Policy, which describes how we collect, use, and share your personal and financial data.
By using the App, you confirm that you are at least 18 years old and are legally able to accept these Terms. If you do not meet these requirements, you must not access or use the App.
3. Eligibility
To access and use Hotspot, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement. The App is not intended for use by individuals under the age of 18. By accessing or using the App, you represent and warrant that you are at least 18 years old and have not been previously suspended or removed from the App.
Additionally, you may not use the App if you are located in a jurisdiction where access to or use of the App is illegal or prohibited. It is your responsibility to ensure that your use of the App complies with all applicable local, state, national, and international laws, rules, and regulations.
If you do not meet these eligibility requirements, you must not access or use the App.
4. Registration and Account Security
To use certain features of Hotspot, you may be required to create an account ("Account") by providing your name, email address, password, financial information, and other information as requested during the registration process. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Your financial information will be used to access your transaction data and provide you with recommendations based on the venues you have visited and the type of purchases you have made. We use Plaid, a third-party service, to securely access your financial information. Plaid's use of your financial information is subject to its privacy policy and terms of use. We do not store your financial information on our servers, and we do not have direct access to your bank account or other financial accounts.
You are responsible for safeguarding the password that you use to access your Account and for any activities or actions under your password. You agree not to disclose your password to any third party and to immediately notify us of any unauthorized use of your Account or any other breach of security.
We have the right to suspend or terminate your Account and refuse any and all current or future use of the App (or any portion thereof) at any time for any reason, including if we believe that you have violated these Terms.
5. Use of the App
(a) License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App for your personal, non-commercial use only.
(b) Restrictions: You may not use the App for any illegal or unauthorized purpose. You may not use the App in a manner that may damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App. You may not attempt to gain unauthorized access to the App, other accounts, computer systems, or networks connected to the App, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App.
(c) User Content: The App may allow you to submit, upload, publish, or share content, such as text, images, or other materials ("User Content"). By submitting, uploading, publishing, or sharing User Content, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the App and our business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) in any media formats and through any media channels. You represent and warrant that you have all rights, permissions, and consents necessary to submit, upload, publish, or share the User Content and to grant us the rights granted in this section.
(d) Prohibited Conduct: You agree not to engage in any of the following prohibited activities: (i) impersonating another person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (ii) sending or otherwise transmitting to or through the App any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, or otherwise objectionable material of any kind; (iii) violating, or encouraging others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; (iv) interfering with security-related features of the App, including by disabling or circumventing features that prevent or limit use or copying of any content, or reverse engineering or otherwise attempting to discover the source code of any portion of the App; (v) performing any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other App account without permission, or falsifying your age or date of birth; (vi) selling or otherwise transferring the access granted herein.
6. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect, use, and protect your personal data. We encourage you to read the Privacy Policy carefully.
(a) Data Collection: When you use the App, we may collect personal data that you provide to us, such as your name, email address, financial information, and other information necessary to provide the services of the App. We may also collect data automatically, such as your device’s IP address, device type, operating system, browser type, and other usage data.
(b) Data Use: We use your personal data to provide the services of the App, to personalize and improve your experience, to communicate with you, to monitor and analyze usage and trends, and for other legitimate purposes as described in our Privacy Policy.
(c) Data Sharing: We may share your personal data with third parties as described in our Privacy Policy. We may share your financial information with Plaid, a third-party service, to securely access your transaction data and provide you with recommendations based on the venues you have visited and the type of purchases you have made. Plaid's use of your financial information is subject to its privacy policy and terms of use. We do not store your financial information on our servers, and we do not have direct access to your bank account or other financial accounts.
(d) Data Protection: We take appropriate technical and organizational measures to protect your personal data against unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or method of electronic storage is 100% secure, so we cannot guarantee its absolute security.
(e) User Rights: You have certain rights regarding your personal data, such as the right to access, rectify, erase, restrict, or object to the processing of your personal data, and the right to data portability. You can exercise your rights by contacting us as described in our Privacy Policy.
By using the App, you consent to our collection, use, and sharing of your personal data as described in our Privacy Policy.
7. Intellectual Property
(a) Ownership: All intellectual property rights in and to the App, including but not limited to, text, graphics, logos, images, software (including source code), and other material (collectively, the "Content"), are owned by Theo Hayeck or its licensors. The compilation of all Content on the App is the exclusive property of Theo Hayeck. No part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Theo Hayeck’s express prior written consent.
(b) Trademarks: The Hotspot name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Theo Hayeck or its affiliates or licensors. You must not use such marks without the prior written permission of Theo Hayeck. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
(c) License Limitations: Subject to your compliance with these Terms, Theo Hayeck grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely for your personal, non-commercial use. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
8. Prohibited Conduct
You are solely responsible for your conduct while using the App, and you agree not to:
(a) Use the App for any illegal purpose or in violation of any local, state, national, or international law.
(b) Violate or encourage others to violate the rights of third parties, including intellectual property rights.
(c) Post, upload, or distribute any content that is unlawful, defamatory, discriminatory, harassing, abusive, false, misleading, or otherwise objectionable as determined by Theo Hayeck.
(d) Interfere with the security features of the App, including by disabling or circumventing features that prevent or limit use or copying of any content, or reverse engineering or otherwise attempting to discover the source code of any portion of the App.
(e) Interfere with the operation of the App or any user’s enjoyment of the App, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users of the App, or attempting to collect personal data about users or third parties without their consent.
(f) Access, monitor, or copy any content or information of the App using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission.
(g) Sell, license, or otherwise exploit for any commercial purposes any application, software, or any portion thereof, other than as expressly permitted in these Terms.
By using the App, you agree not to engage in any of the above prohibited activities.
9. Disclaimer of Warranties
(a) The App is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Theo Hayeck disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
(b) Theo Hayeck does not warrant that the App will be uninterrupted, secure, or free from errors or omissions, that defects will be corrected, or that the App or the server that makes it available are free of viruses or other harmful components. Theo Hayeck does not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of the App or its Content or the results of their use.
(c) Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In such jurisdictions, the liability of Theo Hayeck shall be limited to the greatest extent permitted by law.
10. Limitation of Liability
(a) To the maximum extent permitted by applicable law, in no event shall Theo Hayeck, his affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the App, including without limitation any information made available through the App.
(b) Under no circumstances will Theo Hayeck be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the App or the information contained therein.
(c) To the maximum extent permitted by applicable law, Theo Hayeck assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our App; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the App; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our App by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.
(d) In no event shall Theo Hayeck, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Theo Hayeck hereunder.
(e) This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Theo Hayeck has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
11. Indemnification
You agree to defend, indemnify, and hold harmless Theo Hayeck, his affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the App, including, but not limited to, your User Contributions, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the App.
12. Governing Law and Jurisdiction
(a) These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of England and Wales without giving effect to any choice or conflict of law provision or rule.
(b) Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the App shall be instituted exclusively in the courts of England and Wales. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Miscellaneous
(a) Entire Agreement: These Terms of Service and our Privacy Policy constitute the entire agreement between you and Theo Hayeck regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
(b) Waiver: No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
(c) Severability: If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of the Terms of Service will remain in effect.
(d) Assignment: You may not assign your rights under these Terms of Service without the prior written consent of Theo Hayeck.
(e) Force Majeure: Theo Hayeck shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Theo Hayeck's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
(f) Affiliates: Theo Hayeck may use the services of affiliates, subsidiaries, and contracted companies for the provision of the App.
14. Contact Information
If you have any questions or concerns about these Terms of Service or any issues raised in this document, please contact us at: