Privacy
LocalSpot.ai Restaurant Marketing Platform
Last Updated: December 28, 2025
These Terms of Service (“Terms”) constitute a legally binding agreement between you and LocalSpot.ai LLC (“LocalSpot.ai,” “we,” “us,” or “our”) governing your access to and use of our restaurant marketing automation platform and services.
BY SUBSCRIBING TO OUR SERVICES, CREATING AN ACCOUNT, OR USING OUR PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you may not access or use our Services.
ARBITRATION NOTICE: Except for certain disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND LOCALSPOT.AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
If you are accepting these Terms on behalf of a restaurant or business entity, you represent that you have the authority to bind that entity to these Terms.
1. Who These Terms Apply To
These Terms apply to:
– Restaurants – Our business clients who subscribe to our platform
– Website Visitors – Anyone visiting localspot.ai
– Restaurant Staff – Employees accessing the platform on behalf of restaurants
For terms applicable to diners joining restaurant VIP loyalty programs, see the VIP Club Terms on individual restaurant websites.
2. Our Services
LocalSpot.ai provides a restaurant marketing automation platform that includes:
– Restaurant website hosting and management
– QR code-based customer data capture and VIP loyalty program tools
– Automated SMS marketing campaigns
– Google Business Profile integration and optimization
– Analytics and reporting dashboard
We reserve the right to modify, add, or remove features at any time without notice.
3. Eligibility
You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that:
– You are at least 18 years old
– You have the authority to bind your restaurant or business to these Terms
– Your use of our Services complies with all applicable laws and regulations
– You have not previously been suspended or removed from our Services
4. Subscription and Payment
4.1 Billing
Services are billed on either a monthly or annual basis as selected during subscription. Annual subscriptions may include discounts compared to monthly billing.
4.2 Payment Authorization
You authorize us to charge your designated payment method on a recurring basis. You are responsible for maintaining valid payment information.
4.3 Failed Payments
If payment fails, we will attempt to contact you via email and phone up to three times over 30 days. If payment is not received within 30 days, your account will be suspended and all data will be permanently deleted.
4.4 No Refunds
ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE UNDER ANY CIRCUMSTANCES. We do not provide refunds or credits for any partial subscription periods, promotional offers, unused services, dissatisfaction with Services, or any other reason whatsoever.
4.5 Price Changes
We reserve the right to modify pricing at any time. Price changes will take effect at the start of your next billing cycle after we provide at least 30 days’ notice.
4.6 Collection Costs
You agree to pay all costs of collection, including reasonable attorney fees, if your account is referred to a collection agency or attorney.
5. Cancellation and Termination
5.1 Cancellation by Restaurant
You may cancel your subscription at any time by providing 30 days’ advance written notice to [email protected]. Cancellation will be effective at the end of your current billing cycle. You remain responsible for all charges through that date, and no refunds will be provided.
5.2 Effect of Cancellation
Upon cancellation or termination for any reason, you immediately lose access to:
– All customer data (names, phone numbers, email addresses, visit history)
– Your restaurant website and all content
– Marketing campaign history, analytics, and reports
– All other platform features and data
Customer data is not exportable and cannot be transferred. All data is permanently deleted within 30 days and cannot be recovered. We have no obligation to retain, provide, or transfer any data following termination.
5.3 Termination by LocalSpot.ai
We may suspend or terminate your account immediately, without notice and without refund, if you:
– Violate these Terms or any applicable law
– Fail to pay fees when due
– Engage in fraudulent, illegal, or abusive activity
– Use the platform in a manner that could damage our reputation or services
– Breach any representation, warranty, or obligation under these Terms
6. Data Ownership
6.1 Platform Data Ownership
All customer data collected through LocalSpot.ai, including customer names, phone numbers, email addresses, visit history, loyalty program information, and any derivative data or analytics, is the **sole and exclusive property of LocalSpot.ai**. This data is provided to you as part of the Services but remains our property at all times. You have no ownership interest in this data.
6.2 No Data Portability
Customer data is not exportable, cannot be transferred to third-party systems, and cannot be used outside of our Services. Upon termination, all data is permanently deleted and cannot be recovered.
6.3 Your Restaurant Content
You retain ownership of your restaurant’s logo, branding, images, menu content, and promotional materials that you provide to us. By using our Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use this content for:
– Operating and providing Services to your restaurant
– Marketing our platform (case studies, testimonials, portfolio materials)
– Showcasing examples of our work to prospective clients, investors, and partners
– Any other business purposes related to operating and promoting our Services
This license survives termination of these Terms.
7. SMS Marketing Compliance
7.1 How SMS Marketing Works
We handle the collection of customer consent for SMS marketing through our VIP loyalty program enrollment process. By using our platform, you authorize us to collect consent on your behalf and send marketing messages to customers who have opted in.
7.2 Message Control
We maintain control over SMS message content, frequency, and delivery to ensure compliance with the Telephone Consumer Protection Act (TCPA) and other applicable laws. Message volume is subject to limits based on your subscription plan. Customers may opt out at any time by texting STOP.
7.3 Your Responsibilities
You are solely and exclusively responsible for:
– Ensuring all promotional offers, content, and messaging comply with federal, state, and local laws
– Accuracy and legality of all menu items, pricing, promotional offers, and restaurant information
– Any illegal, deceptive, fraudulent, or inappropriate content you provide
– Compliance with food service, health, safety, and consumer protection regulations
– Any claims, representations, or warranties made in marketing messages
7.4 TCPA Indemnification
You acknowledge that violations of the TCPA can result in penalties of $500-$1,500 per message. You agree to indemnify and hold us harmless from any TCPA violations arising from content you provide or messages sent on your behalf.
8. Restaurant Responsibilities
You represent, warrant, and covenant that:
– You have legal authority to enter into these Terms and bind your restaurant
– You hold all necessary licenses and permits to operate your restaurant business
– All information you provide is accurate, current, and complete
– Your use of our Services complies with all applicable laws and regulations
– You own or have rights to all content, trademarks, and materials you provide
– Your content does not infringe or violate any third-party rights
– You will comply with all data protection and privacy laws
9. Indemnification
You agree to indemnify, defend, and hold harmless LocalSpot.ai, its affiliates, officers, directors, employees, agents, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or relating to:
– Your use or misuse of the Services
– Your violation of these Terms or any applicable law
– Any content, information, or materials you provide (menu items, pricing, offers, images, promotional content)
– Any SMS messages sent through our platform containing your content
– Any violations of the TCPA or other telecommunications laws arising from messages sent on your behalf
– Any customer claims, complaints, or disputes related to your restaurant, food, service, or business practices
– Any breach of your representations, warranties, or obligations
– Any intellectual property infringement claims related to your content
– Any data breaches or security incidents caused by your actions or negligence
– Any acts or omissions by you, your employees, agents, or representatives
This indemnification obligation survives termination of these Terms. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.
10. Prohibited Uses
You may not:
– Use the Services for any illegal purpose or in violation of any law
– Violate or encourage others to violate any third-party rights
– Reverse engineer, decompile, or disassemble our platform
– Interfere with security features or attempt to gain unauthorized access
– Upload or disseminate any virus, malware, or harmful code
– Impersonate any person or entity or claim a false affiliation
– Sell or transfer access to the Services without our written consent
– Use the Services to develop competing products or services
– Harvest or collect information about our users
– Use automated tools to scrape or data mine our platform
– Frame or mirror any portion of our platform
– Take any action that imposes unreasonable load on our infrastructure
11. Third-Party Services
11.1 Third-Party Integrations
Our Services may integrate with third-party services (Google Maps, Google Business Profile, analytics tools, payment processors, SMS delivery providers). We are not responsible for the functionality, availability, or accessibility of these third-party services.
11.2 Restaurant Websites and Third-Party Content
Restaurant websites powered by our platform may contain content you create or links to third-party services. You are solely responsible for ensuring that your restaurant website and all content comply with applicable laws, including the Americans with Disabilities Act (ADA) and consumer protection regulations.
We provide tools and guidance for accessibility, but we cannot control all design decisions you make (font choices, colors, images). To the extent your design choices hinder accessibility, you are responsible for any non-compliance with accessibility laws.
12. Disclaimers and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LOCALSPOT.AI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING:
– SMS message delivery rates, timing, or campaign results
– Increases in customer traffic, sales, revenue, or any business metrics
– Google search rankings, visibility, or any SEO outcomes
– Customer retention, loyalty program participation, or engagement rates
– Accuracy, reliability, or completeness of any data or analytics
– Error-free, secure, or uninterrupted operation of our Services
– Compatibility with your systems, devices, or software
– Any specific business outcomes, results, or benefits
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
IN NO EVENT SHALL LOCALSPOT.AI, ITS AFFILIATES, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CUSTOMERS, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. IF YOU HAVE NOT PAID US ANY FEES, OUR TOTAL LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE THAT THE FEES YOU PAY REFLECT THIS ALLOCATION OF RISK AND THAT WE WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.
14. Data Security
While we implement reasonable security measures to protect data, NO SYSTEM IS COMPLETELY SECURE. We cannot guarantee that unauthorized third parties will never defeat our security measures or use information for improper purposes. You acknowledge that you provide information at your own risk.
In the event of a data breach or security incident, our liability shall be limited as set forth in Section 13 above. Any claims arising from data security incidents must be brought within six (6) months of discovering the breach, or such claims are forever barred.
15. Privacy
Our collection, use, and protection of personal information is governed by our Privacy Policy, available at localspot.ai/privacy. By using our Services, you also agree to our Privacy Policy, which is incorporated into these Terms by reference.
You acknowledge that you are responsible for complying with all applicable privacy and data protection laws in your jurisdiction, including obtaining any necessary consents from your customers.
16. Dispute Resolution and Arbitration
16.1 Mandatory Arbitration
YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION, EXCEPT AS PROVIDED BELOW.
Arbitration shall be conducted by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall take place in Pinellas County, Florida, or at another location mutually agreed upon. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court having jurisdiction.
16.2 Class Action Waiver
YOU AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
There shall be no right or authority for any claims to be arbitrated or litigated on a class action or representative basis. The arbitrator may not consolidate more than one party’s claims and may not preside over any form of representative or class proceeding.
16.3 Small Claims Court Exception
Either party may bring an individual action in small claims court instead of arbitration if the claim qualifies for small claims court jurisdiction and remains in small claims court.
16.4 Equitable Relief
Notwithstanding the foregoing, either party may seek equitable relief (including injunctive relief) in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
16.5 Opt-Out Right
You have the right to opt out of this arbitration provision by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, you and LocalSpot.ai agree to resolve disputes exclusively in the courts described in Section 17.
17. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Subject to the mandatory arbitration provision in Section 16, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida.
18. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through a prominent notice on our platform at least thirty (30) days before the changes take effect. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must cancel your subscription in accordance with Section 5.1.
19. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and LocalSpot.ai regarding the Services and supersede all prior agreements, understandings, and communications, whether oral or written.
20. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.
21. Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
22. Assignment
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision shall be void. We may freely assign these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
23. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, telecommunications failures, power failures, or third-party service failures.
24. Survival
Sections 5.2 (Effect of Cancellation), 6 (Data Ownership), 7.4 (TCPA Indemnification), 9 (Indemnification), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Data Security), 16 (Arbitration), 17 (Governing Law), and any other provisions that by their nature should survive, shall survive termination of these Terms.
25. Contact Information
For questions about these Terms of Service or legal notices, please contact us at:
LocalSpot.ai LLC
7901 4th St N Ste 300
St. Petersburg, FL 33702
Email: [email protected]
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.