Terms of Service

Last updated: December 2, 2025

1. Acceptance of Terms

By accessing or using SpotBird ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

SpotBird is a waitlist management and notification service that helps businesses fill last-minute appointment cancellations. The Service integrates with your calendar to detect open slots and sends SMS notifications to your waitlist contacts.

3. Account Registration

To use the Service, you must:

  • Be at least 18 years of age
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Promptly notify us of any unauthorized use of your account

You are responsible for all activities that occur under your account.

4. Acceptable Use

You agree not to use the Service to:

  • Send unsolicited messages or spam
  • Violate any applicable laws or regulations, including SMS/telecommunications laws
  • Infringe on the rights of others
  • Transmit harmful, offensive, or illegal content
  • Attempt to gain unauthorized access to the Service or its systems
  • Interfere with or disrupt the Service

5. SMS Messaging Terms

SpotBird sends SMS text messages on your behalf to notify waitlist contacts about available appointment slots. By using the Service, you agree to the following SMS messaging terms:

5.1 Message Types and Frequency

  • Appointment notifications: Messages sent when calendar slots become available, allowing recipients to claim open appointments
  • Confirmation messages: Messages confirming when a recipient has successfully claimed an appointment slot
  • Message frequency: Recipients may receive 1-5 messages per month, depending on appointment availability and their position on your waitlist

5.2 Consent Requirements (TCPA Compliance)

You represent and warrant that you have obtained proper prior express consent from all individuals on your waitlist to receive SMS messages before adding them to the Service. You are solely responsible for compliance with all applicable laws regarding SMS communications, including but not limited to:

  • The Telephone Consumer Protection Act (TCPA)
  • The CAN-SPAM Act
  • FCC regulations regarding automated text messages
  • State and local telecommunications laws
  • Carrier-specific messaging policies

Consent must be obtained through clear and conspicuous disclosure that the individual will receive automated text messages, and consent must be documented and retained.

5.3 Opt-Out Mechanism

All SMS recipients can opt out of messages at any time by replying STOP to any message. You agree not to re-add any individual who has opted out without obtaining new consent. For more information about our SMS opt-in and opt-out procedures, please see our SMS Opt-In Policy.

5.4 Carrier Fees

Standard message and data rates may apply to SMS messages sent through the Service. SpotBird is not responsible for any charges incurred by message recipients from their mobile carriers.

5.5 Prohibited Content

You agree not to use the SMS messaging feature to send:

  • Unsolicited commercial messages or spam
  • Messages to individuals who have not provided consent
  • Deceptive, fraudulent, or misleading content
  • Content that violates any applicable laws or regulations
  • Messages that exceed the scope of appointment notifications

6. Payment Terms

Subscription fees are billed monthly in advance. All fees are non-refundable except as required by law. We reserve the right to change our pricing with 30 days' notice. Failure to pay may result in suspension or termination of your account.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by SpotBird and are protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

8. Third-Party Integrations

The Service integrates with third-party services such as Google Calendar. Your use of these integrations is subject to the terms and conditions of those third-party services. We are not responsible for the availability, accuracy, or content of third-party services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY REGARDING THE RELIABILITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPOTBIRD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless SpotBird and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your account at any time for any reason, including violation of these Terms. Upon termination, your right to use the Service will immediately cease. You may cancel your account at any time through your account settings.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@spotbird.app