Terms of Use

1Purpose

These terms of use (the "Terms") govern access to and use of the SpotVib mobile application and services (the "Service"). SpotVib is a community place-discovery application: you can explore a map, view and publish places ("spots"), reviews and photos, and interact with other users.

2Publisher

The Service is published by:

The processing of your personal data is described in our Privacy Policy, which forms an integral part of these Terms.

3Acceptance of the Terms

By creating an account or using the Service, you accept these Terms. If you do not agree, do not use the Service.

4Eligibility

The Service is restricted to people aged at least 16. By using SpotVib, you declare that you are at least 16 years old. If we find that an account has been created by a younger person, we delete it.

5User account

You are responsible for the accuracy of the information provided at registration, for the confidentiality of your credentials and for all activity carried out from your account. Notify us without delay in the event of unauthorised use.

6Content you publish

6.1 — Your responsibility

You are solely responsible for the content you publish (places, photos, reviews, texts, business contact details, etc.). You declare that you hold all the rights necessary to distribute it.

6.2 — Respect for third parties and private property

You undertake not to publish content that:

• infringes the privacy or image rights of a person (photo of an identifiable person without their consent);
• reveals or distributes the image of a private property, an interior or a place not open to the public, without having the right to do so;
• discloses the personal data of a third party (address, identity, etc.);
• infringes intellectual property rights, or is illegal, misleading, defamatory, hateful, violent or sexual in nature.

You are asked not to photograph private homes, people or information that would make it possible to identify or locate someone without their consent.

6.3 — Public nature and location

The places, photos and reviews you publish are public and visible to other users, including, for some data, to visitors who are not signed in. The location of a spot you publish is made public. Do not publish places that would reveal sensitive information about you (for example your home).

6.4 — Licence granted to the publisher

To operate the Service, you grant us a non-exclusive, worldwide and royalty-free licence to host, reproduce, adapt (e.g. resize, generate thumbnails), distribute and display the content you publish, within the framework of the Service and its promotion. You retain your rights to your content. This licence ends when you delete content or your account, subject to content already anonymised and kept for the community (see the Privacy Policy) and temporary technical copies.

6.5 — Reporting and moderation

Any content can be reported directly in the application: via the report button on a place's listing, and via the (⋯) menu on reviews. You can also write to us at privacy@spotvib.com, which serves as a point of contact.

We handle reports diligently, non-arbitrarily and objectively. We may remove, hide or moderate any content contrary to these Terms or to the law, and where appropriate suspend the account concerned. When we remove content or sanction an account, we inform the author, indicating the reason and the possibility of contesting the decision (by replying to our notification). We are not required to proactively monitor all content.

7Automatic face blurring: protection without guarantee

The Service applies automatic face blurring to photos of places and reviews, as a privacy-protection measure. This protection is provided on a best-effort basis: as no automated system is infallible, the publisher does not guarantee that all faces are systematically and fully blurred. It is your responsibility not to publish photos showing identifiable people without their consent. If a face remains recognisable, you can report it for prompt removal.

8The "Vibs" economy

8.1 — Nature of Vibs

"Vibs" are an internal virtual currency within the Service, used to unlock certain features (for example map areas, routes) and to reward your participation. Vibs have no monetary value: they can neither be bought, nor sold, nor exchanged for money, nor converted, nor transferred between accounts. They are awarded at the publisher's sole discretion in return for activities within the application. (This framing keeps Vibs outside the scope of the regulations on electronic money and payment services.)

8.2 — Test phase and right to modify

The Service, and in particular the Vibs economy, is in a test phase. The publisher reserves the right, at any time, without notice and without compensation, to modify, suspend, cap, recalculate or reset: the rules for awarding and spending Vibs, the scales and rates, the features they unlock, as well as balances already acquired. As Vibs are not a purchased asset, their modification, expiry or removal gives no right to any refund or compensation.

8.3 — Paid purchases (premium)

Certain features may be offered via a subscription or a paid purchase (premium), billed in real money through the app stores (App Store, Google Play). These purchases are distinct from Vibs and governed by the terms of the relevant store, including for refunds. A change to the Vibs economy does not remove a premium benefit already paid for the current period.

As a consumer in the European Union, you generally have a 14-day right of withdrawal for digital content and services; for digital content supplied immediately, this right is extinguished if you have expressly requested immediate performance and acknowledged losing your right of withdrawal. As at the date of publication of these Terms, no paid feature is yet offered.

8.4 — Prohibition of abuse

Any attempt to generate, manipulate or circumvent the awarding of Vibs or the quotas (automation, fraud, multiple accounts, exploiting loopholes) is prohibited and may result in the suspension of the account and the cancellation of the Vibs concerned.

9Prohibited conduct

In particular, you undertake not to:

• publish fake places, fake reviews or misleading content;
• harass, threaten or harm other users;
• collect or extract data from the Service en masse (scraping);
• circumvent security measures, quotas or technical limitations;
• use the Service for illegal purposes or purposes contrary to its intended use.

10Intellectual property

The Service, its name, its logo, its interface, its code and its databases are protected and remain the property of the publisher (or its partners). These Terms do not grant you any ownership right over the Service, beyond the right to use it in accordance with them.

11Availability of the Service

The Service is provided "as is" and "as available". As a service in a test phase, the publisher does not guarantee uninterrupted, error-free operation, nor the permanent availability of any feature. The publisher may develop, suspend or discontinue all or part of the Service, while endeavouring to inform users in the event of a significant change.

12Limitation of liability

To the extent permitted by law:

• the publisher is not responsible for content published by users, nor for its accuracy, nor for the consequences of its distribution;
• the publisher is not liable for indirect damages resulting from the use of, or inability to use, the Service.

No provision of these Terms has the effect of excluding or limiting the publisher's liability where the law prohibits it, in particular in the event of gross or intentional fault, nor of restricting the rights that the regulations grant to consumers.

13Suspension and termination

You can stop using the Service and delete your account at any time from the application. The publisher may suspend or delete an account in the event of a breach of these Terms or of the law. The publisher may also delete an account that has remained inactive for 24 months, after having sent you a warning email allowing you to reactivate it. The effects of account deletion on your data are described in the Privacy Policy.

14Amendment of the Terms

The publisher may amend these Terms, in particular to reflect changes to the Service or to regulations. In the event of a significant change, you will be informed by an appropriate means. Continued use of the Service after the new Terms come into force constitutes acceptance.

15Governing law and jurisdiction

These Terms are governed by Belgian law. In the event of a dispute, the competent courts are determined in accordance with the law, including the protective rules applicable to consumers.

You may also use consumer mediation free of charge, in particular through the Consumer Mediation Service (SPF Économie — boulevard du Roi Albert II 8, 1000 Brussels; consumerombudsman.be).

16Contact

For any question relating to these Terms, or as a point of contact (reports, requests from authorities): privacy@spotvib.com.