Spotcha — Terms of Services

SPOTCHA, LLC - PAYMENT TERMS OF SERVICE

These Payment Terms of Service ("Payment Terms") are an integral part of the Spotcha, LLC Terms of Service (the "Terms") and govern your payment-related activities on the Spotcha, LLC Marketplace (the "Marketplace"). By using the payment features of the Marketplace, you agree to be bound by these Payment Terms. Capitalized terms used but not defined in these Payment Terms have the meanings given to them in the Terms.

1. Payment Services Provider

1.1 Spotcha, LLC utilizes Stripe, Inc. ("Stripe") as its third-party payment processor to facilitate payments between Guests and Providers on the Marketplace. Your use of payment processing services is subject to your agreement with Stripe and Stripe's Services Agreement, including the Stripe Connected Account Agreement (available at https://stripe.com/connect-account/legal) (collectively, the "Stripe Services Agreement"). By continuing to operate as a Provider or Guest on Spotcha, LLC Marketplace, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Spotcha, LLC enabling payment processing services through Stripe, you agree to provide Spotcha, LLC accurate and complete information about you and your business, and you authorize Spotcha, LLC to share it and transaction information related to your use of the payment processing services provided by Stripe.

1.2 Spotcha, LLC is not a party to the Stripe Services Agreement and is not responsible for the services provided by Stripe. You acknowledge and agree that Spotcha, LLC is not liable for any acts or omissions of Stripe, including, but not limited to, any errors in payment processing or any interruptions in service.

2. Payment Processing

2.1 Guests: As a Guest, you authorize Spotcha, LLC (through Stripe) to charge your selected payment method (e.g., credit card, debit card) for the Total Fees due for a booking upon confirmation by the Provider. You represent and warrant that you have the legal right to use the payment method you provide. Payments are processed in U.S. dollars.

2.2 Providers: As a Provider, you authorize Spotcha, LLC (through Stripe) to receive payments from Guests on your behalf. Spotcha, LLC will then remit payments to you, less any applicable Spotcha, LLC Service Fees, according to the payout schedule described below.

2.3 Payout Schedule: Spotcha, LLC will not initiate payouts to Providers via Stripe Connect. You acknowledge that Stripe may have its own processing times and that Spotcha, LLC is not responsible for any delays caused by Stripe.

2.4 Taxes: Spotcha, LLC is not responsible for determining, collecting, remitting, or reporting any taxes arising from transactions on the Marketplace. Providers are solely responsible for determining their applicable tax obligations and for remitting any required taxes to the appropriate tax authorities. Spotcha, LLC may provide tools or information to assist Providers with their tax obligations, but such tools or information are provided for informational purposes only and should not be considered tax advice. Please consult with a tax professional for guidance on your specific tax situation.

3. Stripe Connect Account

3.1 In order to receive payouts from Spotcha, LLC as a Provider, you must have a valid Stripe Connect account in good standing. By using the Marketplace as a Provider, you are required to create a Stripe Connect account.

3.2 You are responsible for maintaining the security of your Stripe Connect account credentials. Spotcha, LLC is not liable for any losses you may incur as a result of unauthorized access to your Stripe Connect account.

4. Fees

4.1 Spotcha, LLC Service Fees: Spotcha, LLC charges a Service Fee to Guests and/or Providers for use of the Marketplace. The Service Fee is calculated as a percentage of the Listing Fee and is disclosed to you before you confirm a booking or receive a payout. Spotcha, LLC reserves the right to change its Service Fees at any time.

4.2 Stripe Fees: Stripe may charge fees for payment processing services, such as transaction fees, chargeback fees, and currency conversion fees. You are responsible for paying any fees charged by Stripe. Information on Stripe's fees can be found on their website.

5. Refunds and Cancellations

5.1 Cancellation Policy: Spotcha, LLC offers the following specific cancellation policy:

• Full Refund Window: Guests can cancel a booking and receive a full refund of the Total Fees if the cancellation is made before midnight (12:00 AM) the day before the initial reservation date.


• *No Cancellations Within 24 Hours of Booking: Same-day reservations (reservations made for the same day) will be charged at the time of booking confirmation, and no refunds will be issued after confirmation.

5.2 Refunds and cancellations are also governed by the Spotcha, LLC Terms of Service. Spotcha, LLC will process refunds through Stripe in accordance with this cancellation policy.

5.3 Spotcha, LLC is not responsible for any losses you may incur as a result of cancellations or refunds that fall outside of the above cancellation policy.

6. Chargebacks and Disputes

6.1 If a Guest initiates a chargeback or dispute with their payment provider, Spotcha, LLC will cooperate with Stripe to investigate the claim. You agree to provide Spotcha, LLC with any information reasonably requested to assist in the investigation.

6.2 If the chargeback or dispute is resolved in favor of the Guest, Spotcha, LLC may deduct the disputed amount from your future payouts. Spotcha, LLC is not responsible for any losses you may incur as a result of chargebacks or disputes.

7. Mobile Messaging

7.1 By opting into SPOTCHA’s mobile messaging program, you agree to receive recurring automated account updates (e.g., reservation confirmations) and customer support messages. These messages may be sent using an automatic telephone dialing system or other automated technology to the mobile number you provided.

SPOTCHA maintains strict one-to-one consent, ensuring you will only receive communications from our brand and no other entities.

7.2 Your consent to receive these messages is not a condition of any purchase. By signing up, you represent that you are the account holder for the mobile number provided or have the account holder's permission to subscribe.

7.3 Message frequency varies by user and campaign.

7.4 Message and data rates may apply. Check with your mobile carrier for your plan details.

7.5 You may unsubscribe at any time by replying STOP, or QUIT to any message we send. After texting STOP, you will receive one final message confirming your opt-out.

7.6 If you are experiencing issues with the program contact our customer support at info@spotchapark.com.

8. Account Registration

8.1 SMS Authentication & Messaging To access certain features of Spotcha, you must verify your identity via a mobile phone number.

• Service Limitations: You agree to provide a valid mobile number capable of receiving SMS messages. Spotcha is not responsible for any failure in delivery caused by your mobile carrier.
• Costs: Standard message and data rates from your wireless carrier may apply to any verification SMS sent or received.
• Security Purpose: This verification is a security measure intended to prevent unauthorized account access. You are responsible for maintaining the confidentiality of your device and any verification codes received.

9. Prohibited Activities

9.1 You may not use the payment features of the Marketplace for any illegal or unauthorized purpose. You may not engage in any activity that violates the Stripe Services Agreement or any other applicable laws or regulations.

9.2 Spotcha, LLC reserves the right to suspend or terminate your access to the payment features of the Marketplace if you engage in any prohibited activities.

10. Disclaimer of Warranties

10.1 SPOTCHA, LLC provides the payment features of the marketplace "as is" and without any warranty of any kind, whether express, implied, or statutory. SPOTCHA, LLC disclaims all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

11.1 to the fullest extent permitted by applicable law, SPOTCHA, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the payment features of the marketplace.

12. Modifications to these Payment Terms

12.1 Spotcha, LLC reserves the right to modify these Payment Terms at any time. Spotcha, LLC will provide you with notice of any material changes to these Payment Terms. Your continued use of the payment features of the Marketplace after the effective date of any changes constitutes your acceptance of the new Payment Terms.

13. Governing Law and Dispute Resolution

13.1 These Payment Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Payment Terms will be resolved in accordance with the dispute resolution provisions of the Terms.