Spotter Desk Terms of Service (for studios)
Last updated: · Service: Spotter Desk ("Spotter")
1. Who we are
- Spotter is run by Trust Gem (Shunya Bots) ("we", "us"). Contact: hello@shunyabots.com.
- "You" means the gym or studio that signs up, and the person who accepts these terms for it.
- These terms, the data processing terms (section 9) and our privacy information form an electronic contract.
2. Who can use Spotter
- Spotter is for gyms and studios using it for business. It is not for personal use.
- Spotter is not offered in India. Don't sign up for a studio based in India, or use Spotter for enquirers in India.
- You must be 18 or older and have authority to bind your studio. Accounts are by invitation in phase 1, and we may refuse any sign-up.
3. What Spotter does
- You keep a knowledge base (timetable, trial rules, FAQs, handoff rules). Your website's Spotter form sends enquiries to your inbox. Spotter drafts replies and follow-ups, shows reminders and simple funnel numbers, and lets you export, delete or mark enquirers do-not-contact.
- Spotter sends nothing itself. Your staff copy drafts into your own email or messaging accounts and send them.
- Trial classes chosen in Spotter are requests, not bookings. Your staff confirm them.
4. Beta and availability
- Spotter is in beta. Features may change or be removed.
- There is no uptime commitment or service-level agreement. Spotter may be slow, interrupted or unavailable, and AI drafting may fall back to template drafts (labelled "Template") when the AI is unavailable or our daily allowance runs out.
5. Your account
- Sign-up is by single-use invite code. The owner can invite staff from the desk (codes last 14 days).
- Two-step sign-in (TOTP) is required for every account. Keep your password and authenticator secret, and give each staff member their own login. Sessions last up to 12 hours. The session cookie is
__Host-spotter_session(Secure, HttpOnly, Path=/, no Domain, SameSite=Strict). - You are responsible for activity on your account. Tell us at once at hello@shunyabots.com if you suspect misuse.
- Keep test enquiries marked as test.
6. Acceptable use
You must not use Spotter to:
- send spam, or send marketing without the consent or other lawful basis the law requires (for example UK PECR, EU ePrivacy rules, CAN-SPAM or the TCPA);
- contact anyone marked do-not-contact, or who has opted out;
- give medical, injury or health advice, or try to work around Spotter's handoff rules for health, injury, payment and complaints (they are always on and can't be switched off);
- ask enquirers for health conditions through the form;
- collect data unlawfully, or embed the form on a site you don't control;
- mislead people, including by saying an AI-drafted reply was written by a person;
- break any law, upload malware, or probe, overload, scrape or reverse-engineer Spotter or its spam protection;
- resell Spotter without our written agreement.
7. Your duties
- Privacy notice. Publish your own privacy notice for enquirers. Section 2 of our legal pack is a template. Link it from your form.
- Lawful basis. You are the controller of your enquirers' data. You must have a lawful basis for it, and for any health data an enquirer volunteers.
- Review AI drafts. Staff must read and check every AI draft before sending it, including class times, prices, trial rules and anything about health. You are responsible for what you send.
- Disclosure. Keep the AI and form wording we provide visible, and true to how you actually use Spotter. Use "Add the staff-checked line" only on a draft a person has checked.
- Knowledge base. Keep it accurate. Spotter can only draft from what you give it.
- Your relationship with enquirers. Consumer, contract and health-and-safety duties to your members and enquirers are yours.
8. AI output
- Drafts are labelled "AI draft" (produced by a Llama 3.1 model on Cloudflare Workers AI) or "Template". They may be wrong, incomplete or out of date.
- To the extent the law allows, we give no warranty that any draft is accurate, complete or suitable to send.
- Drafts are not professional, medical or legal advice.
9. Data processing
Our Studio data processing terms (section 1 of the Spotter legal pack, published at /dpa/) form part of these terms. For your enquirers' data, you are the controller and we are your processor. Those terms set out instructions, confidentiality, security, sub-processors (Cloudflare), assistance, breach notice, deletion and international transfers. If these terms conflict with them on data protection, the data processing terms win.
For your own staff account data, we are the controller.
10. Fees
- Spotter is free today and takes no payments. If paid plans are offered later, they will be on the terms shown at purchase, and refunds will be as stated at purchase and as required by law.
- We do not currently charge GST. If GST becomes payable on our fees, we will give you at least 30 days' notice before it applies.
11. Your content and our rights
- You own your knowledge base and enquiry data. You give us a non-exclusive licence to host and process it only to run, secure and support Spotter and meet legal duties.
- We own Spotter and its software and design. While your account is open, you have a limited, non-exclusive, non-transferable right to use it for your studio. Feedback you send may be used freely.
12. Disclaimers and liability
- To the extent the law allows, Spotter is provided "as is" and "as available", without warranties of accuracy, fitness for a purpose or uninterrupted use.
- We are not liable for indirect or consequential loss, lost members, revenue or goodwill, or for anything you send based on a draft.
- Cap. Our total liability is limited to the fees you paid us for Spotter in the 12 months before the event giving rise to the claim.
- Not limited: nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot legally be limited, including non-excludable consumer rights (such as under the UK Consumer Rights Act 2015 and the Australian Consumer Law guarantees).
- Your indemnity. You will cover our reasonable losses from third-party or regulator claims caused by your messages, your marketing, your knowledge base, or your breach of section 6, 7 or the law.
13. Suspension and ending
- You can close your account at any time by emailing hello@shunyabots.com from your account email. Export your enquiries (CSV) first.
- We may suspend or close your account if you seriously or repeatedly break these terms, your use creates a security, legal or spam risk, or the law requires it. Where reasonable, we will give notice and a chance to fix the problem.
- We may stop offering Spotter with at least 30 days' notice.
- On closure, your enquirers' data is deleted or returned within 30 days, as the data processing terms say.
- Sections 9, 11, 12 and 15 survive.
14. Changes
We may update these terms. We will tell you about important changes before they apply, unless the law or security requires faster action. If you don't agree, you can close your account.
15. Governing law and complaints
- These terms are governed by the laws of India, and the courts at Pune, Maharashtra have jurisdiction. This does not take away any mandatory protection you have under the laws of the country where you are based.
- Complaints: Grievance Officer, Trust Gem, hello@shunyabots.com (subject "Grievance – Spotter"). We acknowledge within 48 hours and aim to resolve within 1 month. Please email us first so we can try to resolve any dispute within 30 days.
16. General
Notices to you go to your account email or appear in Spotter; notices to us go to hello@shunyabots.com. We are not liable for events beyond our reasonable control, such as host outages. You may not transfer your account without our consent. If a clause is unenforceable, the rest still applies.