Terms of Service

1. The Service

The Service provides place-based notes: capture thoughts, attach them to places when useful, and resurface nearby notes while Spotmemos is open. Features, interfaces, and plan limits may change as we improve the product. We do not guarantee uninterrupted or error-free operation.

The Service is offered worldwide. We do not geo-block access by country of residence, but you remain responsible for complying with laws that apply to you where you use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If the law where you live requires a higher age for digital consent, you must meet that age (or have verifiable parental consent where allowed). You represent that you have the legal capacity to enter into these Terms.

3. Accounts

Certain features require an account. You are responsible for activity under your account and for keeping your credentials and email secure. Notify us promptly at [email protected] if you suspect unauthorized use. We may suspend or terminate accounts that violate these Terms or create risk for other users or the Service.

4. Plans and payment

We may offer free and paid plans with different limits and features. Paid billing is intended to be processed by Stripe. Before you are charged, we will present applicable pricing and terms for the plan you select. Except where required by applicable law, fees are non-refundable. Nothing in these Terms limits any non-waivable consumer rights you may have under the laws of your jurisdiction. Billing is not live yet; when it ships, Checkout and customer-portal flows will be described in-product.

5. Your content

You retain ownership of the notes, places, attachments, and other content you submit (“Your Content”). You grant Castling a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and otherwise process Your Content solely as needed to operate, maintain, secure, and improve the Service and to provide features you enable (including sync, export, public share links, and household sharing).

You represent that you have the rights needed to submit Your Content and that Your Content does not violate law or third-party rights.

6. Sharing

If you create a public share link, anyone with the link may view the shared note content we expose through that link until you revoke it or it otherwise becomes unavailable. If you use household sharing, members you invite may access content you choose to share into that workspace according to the product’s sharing controls. You are responsible for who you invite and what you share.

7. Location and notifications

Nearby resurfacing depends on browser location permission and works while Spotmemos is open (or otherwise able to run in the browser). Progressive web apps do not provide reliable OS-level background geofencing. Web Push, when enabled, is used for features such as due reminders and household share updates—not as continuous location tracking. Spotmemos is not an emergency, safety-critical, medical, or life-support service. Do not rely on it for situations where failure could result in injury, death, property damage, or legal liability.

8. License and acceptable use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal use (unless a plan states otherwise). You agree not to:

• use the Service for any unlawful purpose or in violation of these Terms;
• attempt to gain unauthorized access to, interfere with, or disrupt the Service or its underlying systems;
• upload content that is illegal, infringing, or that you do not have rights to share;
• misuse sharing, household invites, or push in a way that harms others or defeats product limits;
• misrepresent the Service’s capabilities, including claiming true background geofencing or emergency monitoring.

9. Intellectual property

The Service, including its design, branding, code, and original content, is owned by Castling Holdings LLC and protected by applicable intellectual property laws. Your Content remains yours as described above. Map and geocoding data may be subject to third-party terms and attribution requirements.

10. Third-party data and services

The Service relies on third-party infrastructure and data providers (including Supabase, Vercel, OpenFreeMap / OpenStreetMap-related services, browser push services, optional Google sign-in, and Stripe when billing ships). We are not responsible for the accuracy, availability, or practices of any third party. How we and our providers handle personal information is described in our Privacy Policy.

11. Export controls and sanctions

You may not use the Service if you are located in, ordinarily resident in, or organized under the laws of a country or territory subject to comprehensive U.S. sanctions, or if you are on any U.S. government restricted-party list, or if your use would violate applicable export-control or sanctions laws. You are responsible for compliance with those laws.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that location, notifications, or sync will be timely or accurate.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CASTLING HOLDINGS LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations; in those cases, the above limits apply to the fullest extent permitted.

14. Indemnification

You agree to indemnify and hold harmless Castling Holdings LLC and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of Your Content, your use of the Service, or your violation of these Terms or applicable law.

15. Termination

We may suspend or terminate your access to the Service at any time if you violate these Terms, if required by law, or to protect the Service or other users. You may stop using the Service at any time. You may request account deletion by emailing [email protected].

Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, dispute resolution and arbitration, and governing law) will survive termination.

16. Changes to the Service or Terms

We may modify or discontinue the Service, or update these Terms, at any time. Changes are effective when posted, and the “Last updated” date above will reflect the latest revision. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms, except where prohibited by law.

17. Dispute resolution; arbitration

Informal resolution first. Before starting arbitration or a lawsuit (other than small-claims court as described below), you and Castling Holdings LLC agree to try to resolve the dispute informally. Send a written notice to [email protected] describing the dispute, your preferred resolution, and contact information for follow-up. We will attempt in good faith to resolve the dispute within thirty (30) days after we receive a complete notice (or a longer period you and we agree to in writing).

Binding arbitration. Except as provided in this Section 17, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including formation, interpretation, breach, termination, or validity — will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or the AAA rules then applicable to consumer disputes, including Mass Arbitration Supplementary Rules if applicable). The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration may be conducted by phone, video, based on written submissions, or in person in the county where you live or another mutually agreed location. Judgment on the award may be entered in any court with jurisdiction.

Individual claims only. To the fullest extent permitted by law, you and Castling Holdings LLC may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. If this class-waiver paragraph is found unenforceable as to a particular claim, then that claim (and only that claim) must proceed in court rather than arbitration, and the remainder of this Section 17 continues to apply.

Jury trial waiver. To the fullest extent permitted by law, you and Castling Holdings LLC waive any right to a jury trial for claims subject to arbitration under this Section 17.

Small claims. Either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction, instead of arbitration.

Injunctive relief. Either party may seek temporary, preliminary, or other injunctive or equitable relief in court to protect intellectual property or confidential information, or to stop unauthorized access to or abuse of the Service, without first completing informal resolution or arbitration.

30-day opt-out. You may opt out of this arbitration agreement by emailing [email protected] within thirty (30) days after you first accept these Terms (or after we first post an updated version of this arbitration section that applies to you). Your notice must include your name, the email address on your Spotmemos account (if any), and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Non-waivable rights. Nothing in this Section 17 limits any non-waivable consumer rights you may have under the laws of your jurisdiction, or prevents you from filing a complaint with a government agency.

18. Governing law and venue

These Terms are governed by the laws of the State of Michigan, United States, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs the arbitration agreement in Section 17. Except for disputes resolved in arbitration or small-claims court as provided in Section 17 — and except where prohibited by applicable law — you agree that disputes arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in the State of Michigan, United States, and you consent to personal jurisdiction there. Courts in that venue may also hear petitions to compel arbitration, confirm or vacate an arbitration award, or for the injunctive relief described in Section 17.

19. Contact

Questions about these Terms can be sent to [email protected].

See also our Privacy Policy and Support.