SpotDrops Terms of Service

1. Introduction

Welcome to SpotDrops. “SpotDrops” is a brand name used by Seek First Development LLC (“Seek First,” “SpotDrops,” “we,” “us,” or “our”), a Wyoming limited liability company. Seek First is the contracting party under these Terms. These Terms of Service (“Terms”) govern your access to and use of our website at spotdrops.app, our advertiser dashboards, and any related services we provide (collectively, the “Service”).

By using the Service, purchasing a spot on a SpotDrops community card, or creating an account, you agree to be bound by these Terms. If you do not agree, do not use the Service.

These Terms include important provisions limiting our liability and requiring disputes to be resolved by arbitration on an individual basis (see Sections 12 and 15).

2. Definitions

• “Advertiser” means a business, organization, or individual that purchases a spot on a SpotDrops community card.
• “Card” or “Community Card”means a physical postcard mailed by SpotDrops to nearby households, featuring up to 16 local businesses each occupying a “Spot.”
• “Drop” means a scheduled mailing of a specific Card to a defined geographic area.
• “Spot” means an individual advertising placement on a Card, sold to one Advertiser.
• “Content” means any logo, image, text, offer, link, or other material you provide for use on a Spot or in connection with the Service.

3. Eligibility & Accounts

3.1 Eligibility

You must be at least 18 years old and legally able to enter into binding contracts to use the Service. By using the Service, you represent that you meet these requirements and that you are using the Service on behalf of a legitimate business.

3.2 Accounts

You may purchase a Spot as a guest or as a registered Advertiser. If you create an account, you are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us immediately at [email protected] if you believe your account has been compromised.

3.3 Accurate Information

You agree to provide accurate, current, and complete information about yourself and your business when purchasing a Spot or creating an account, and to keep that information up to date.

4. The Service

SpotDrops designs, prints, and mails shared community postcards to households in selected geographic areas. Each Card features up to 16 Spots sold to local Advertisers, with a one-spot-per-category rule (no two Advertisers in the same category appear on the same Card).

Availability of Drops in any given geographic area is not guaranteed and may change over time.

Each Spot includes a unique QR code that we use to measure engagement on your behalf (see Section 9).

5. Buying a Spot

5.1 Price & What’s Included

The price of a Spot is shown at checkout and varies by Card, market, and Spot size. The price includes:

• Design of your Spot by our design team;
• Category exclusivity on the Card you purchase;
• One round of revisions during the approval window;
• Printing of the full Card and mailing via the United States Postal Service to the addresses in the Drop’s defined geographic area;
• Access to engagement tracking (QR scans, click events) through your Advertiser dashboard.

Mailing quantities are approximate and depend on the postal route. We do not guarantee that any specific household will receive the Card or open it.

5.2 Payment

Payment is processed through Stripe. SpotDrops is the merchant of record for all Spot purchases. By submitting payment, you authorize us to charge the payment method you provide for the full price plus any applicable taxes or fees. We are not liable for declined transactions or chargebacks initiated by your card issuer.

5.3 Design Approval

After purchase, you will submit your Content (logo, offer, contact details) through our intake form. We will produce a design proof and send it to you for approval. You are responsible for reviewing the proof carefully — including spelling, contact information, offers, and any legal disclosures — before approving it. Once you approve the design or the approval deadline passes, the design is locked and we send it to print.

5.4 Cancellation & Refunds

You may cancel your Spot and receive a full refund any time before your design is sent to print. After a Card is sent to print, refunds are not available, because we have incurred non-refundable production costs (printing, postage, and design labor) on your behalf.

We reserve the right to refund any Spot at our discretion, including if we cancel a Drop or remove your Content for violation of these Terms.

5.5 Taxes

Spot prices do not include sales or use tax unless stated at checkout. You are responsible for any taxes assessed on your purchase. Where required by law, we will collect and remit applicable sales tax.

6. Your Content

6.1 Ownership

You retain all ownership of the Content you provide. You are solely responsible for the accuracy, legality, and appropriateness of your Content.

6.2 License to Us

By submitting Content, you grant SpotDrops a non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for design and formatting purposes), display, distribute, and print your Content as needed to design, print, mail, and host your Spot, and to operate, market, and improve the Service. This license terminates when we stop using the Content, except where retention is required by law or for recordkeeping.

6.3 Representations

You represent and warrant that you own or have all rights necessary to provide your Content, that your Content does not infringe any third party’s rights, and that any claims, offers, or representations in your Content are truthful and comply with applicable advertising laws (such as the FTC Act and state consumer-protection statutes).

7. Our Intellectual Property

The Service, including the SpotDrops name and logo, the Card design and layout, the mascot, the website, our software, and any other materials we create, are owned by Seek First Development LLC or our licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right to use our marks or proprietary materials except as needed to use the Service.

8. Acceptable Use

You agree not to use the Service or submit Content that:

• Is illegal, fraudulent, deceptive, or violates applicable advertising or consumer-protection laws;
• Promotes firearms, ammunition, controlled substances, cannabis, tobacco, vapor products, gambling, pornography, escort services, payday lending, multi-level-marketing recruitment, or other regulated or restricted categories we choose not to carry;
• Infringes, misappropriates, or violates any third-party intellectual property, privacy, or publicity rights;
• Is defamatory, harassing, hateful, discriminatory, or promotes violence;
• Contains malware, malicious code, or links to unsafe or deceptive destinations;
• Impersonates any person or business or misrepresents your affiliation with anyone;
• Interferes with, disrupts, or attempts to gain unauthorized access to the Service or related systems.

We may, at our sole discretion, refuse to design or print any Spot, remove Content, or terminate your account for any violation of this section, with or without refund.

9. Engagement Tracking

Each Spot includes a unique QR code that, when scanned, sends visitors to a landing page we host on your behalf. We collect engagement data (such as scan counts, clicks on calls or websites, and de-identified device and referrer information) and surface it in your Advertiser dashboard. We use industry-standard techniques such as IP-address hashing to limit how personally identifying this data is. Engagement counts are estimates and may not match third-party analytics tools exactly.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

We do not guarantee any specific business result from your Spot, including but not limited to leads, calls, customers, revenue, or return on investment. Direct mail outcomes depend on many factors outside our control (your offer, category, timing, market conditions, the recipient’s interest, and the mail carrier’s delivery). We disclaim any responsibility for those outcomes.

We rely on the United States Postal Service for delivery and on Stripe for payments. We do not guarantee uninterrupted availability of the Service, that the Service will be error-free, or that mailings will be delivered on any specific date or to any specific household.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SEEK FIRST DEVELOPMENT LLC, SPOTDROPS, OR ITS OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Seek First Development LLC, its officers, employees, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your Content, (b) your use of the Service, (c) your violation of these Terms or applicable law, or (d) your violation of any third-party right, including intellectual property or privacy rights.

13. Termination

You may stop using the Service at any time and request account deletion by emailing [email protected]. We may suspend or terminate your account or refuse to provide the Service if you violate these Terms, if we are required to by law, or if continuing to provide the Service would be commercially impractical. Sections that by their nature should survive termination (including ownership, license grants, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last Updated” date above and, where appropriate, notify you through the Service or by email. Your continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of Wyoming, where Seek First Development LLC is organized, without regard to its conflict-of-law principles.

15.2 Informal Resolution

Before filing any formal claim, you agree to contact us at [email protected] and attempt to resolve the dispute in good faith for at least thirty (30) days.

15.3 Binding Arbitration

If we cannot resolve a dispute informally, you and SpotDrops agree that any claim arising out of or related to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted remotely (by telephone, videoconference, or written submissions) unless the parties agree otherwise or AAA rules require an in-person hearing. Judgment on the award may be entered in any court of competent jurisdiction.

15.4 Class-Action Waiver

You and SpotDrops agree to bring any disputes only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

15.5 Small-Claims Carve-Out

Either party may bring qualifying disputes in small-claims court instead of arbitration.

16. Miscellaneous

These Terms (together with our Privacy Policy) are the entire agreement between you and SpotDrops regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a corporate transaction.

17. Contact

Questions about these Terms? Contact us at [email protected].

Seek First Development LLC
Wyoming limited liability company · USA