Terms of Use

Effective Date: August 22, 2025 · Version 1.0

Welcome to Spill! These Terms of Use (the "Terms") are a legally binding contract between Julien Pinto, a sole proprietorship governed by French law and doing business as "Spill" ("Company," "we," "us" or "our"), and you ("User"), the individual who downloads, installs, registers for, accesses or uses the Spill mobile application, its websites and related services (collectively, the "App").

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1. Eligibility & Age Requirements

1.1 Minimum Age Requirements

🇺🇸 United States: 13 years - Parental consent required for users 13-17
🇪🇺 European Union: 16 years - Parental consent required for users 16-17 (or as set by member state)
🇬🇧 United Kingdom: 13 years - Parental consent required for users 13-17
🌏 Other Countries: 13 years - As required by local law

1.2 Capacity & Consent

• 🚫 Under Minimum Age: Spill is not directed to children below the minimum age. IF YOU ARE UNDER THE MINIMUM AGE FOR YOUR JURISDICTION, DO NOT USE THE APP.
• 👪 Minors with Consent: If you are between the minimum age and 18 (or age of majority), you may use the App only with the permission of a parent or legal guardian who agrees to these Terms on your behalf and takes full responsibility for your use.
• 📍 Territorial Scope: The App is available globally but may have limited features in certain jurisdictions to comply with local laws.

1.3 Legal Capacity

You represent that you have the legal capacity to form a binding contract and are not barred from using the App under applicable law.

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2. What Spill Offers

2.1 Core Features

Spill is a private video journaling and social sharing platform that enables you to:

• 🎥 Record & Store: Create short personal videos ("spills")
• 🔒 Privacy Control: Keep Spills private to yourself or share with invited friends
• ☁️ Cloud Sync: Access your Spills across devices

2.2 Technology Stack

• Authentication: Apple Sign-In integration
• Storage: Supabase cloud database with end-to-end encryption
• Delivery: Cloudflare CDN for optimized video streaming
• Analytics: Firebase for usage insights and crash reporting
• Payments: RevenueCat for subscription management

2.3 Service Availability

• Available 24/7 with occasional maintenance windows
• Features may be limited based on your subscription tier
• Some features may not be available in all jurisdictions

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3. Mental Health & Wellness Disclaimer

🚨 Critical Health Notice

Spill is designed for personal expression, reflection, and social connection. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH CARE, THERAPY, OR CRISIS INTERVENTION.

⚠️ Important Limitations

• Spill does NOT provide medical, psychological, or mental health advice
• Our platform is NOT monitored by healthcare professionals
• AI features (if any) are for entertainment and reflection only
• User comments and reactions are NOT professional guidance

3.1 User Responsibility

• You acknowledge that Spill cannot replace professional mental health care
• You agree to seek appropriate professional help when needed
• You understand that other users are not qualified to provide medical advice

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4. Account Registration & Security

4.1 Account Creation

• Apple Sign-In Required: We use Apple's secure authentication system
• Accurate Information: Provide current and complete information
• One Account: You may only create one account per person
• Display Name: Choose an appropriate, non-offensive display name

4.2 Account Security

• Your Responsibility: Keep your Apple ID and device secure
• Immediate Notification: Report suspected unauthorized access to hello@joinspill.com
• Activity Monitoring: You're responsible for all activity under your account
• Account Sharing: Do not share your account credentials with others

4.3 Account Termination

• By You: Delete your account anytime through app settings
• By Us: We may suspend/terminate accounts that violate these Terms
• Data Deletion: Deleted accounts and data are permanently removed within 30 days
• No Refunds: Account termination doesn't entitle you to refunds

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5. User Content

5.1 Definition

"User Content" means all videos, images, audio, text, captions, comments, reactions, and other materials you upload, submit, or transmit via the App.

5.2 Ownership & License

✅ You Retain Ownership
You retain all intellectual property rights to your User Content.

📝 License to Spill
You grant us a limited, non-exclusive, royalty-free, worldwide license to:

• Store your content securely on our servers
• Display your content back to you and friends you choose
• Process content for backup, sync, and technical optimization
• Analyze content only if you enable AI features (with explicit consent)

⚠️ This license is strictly limited to providing Spill's features and expires when you delete content or your account.

5.3 Content Standards

Your User Content must NOT contain:

Illegal Activity

• Examples: Drug use, violence, fraud
• Consequences: Immediate removal + account termination

Harassment

• Examples: Bullying, threats, hate speech
• Consequences: Content removal + warning/suspension

Sexual Content

• Examples: Nudity, sexual acts, especially involving minors
• Consequences: Immediate removal + potential law enforcement report

Privacy Violations

• Examples: Sharing others' private information
• Consequences: Content removal + possible legal action

Spam/Malware

• Examples: Excessive posts, malicious links
• Consequences: Content removal + account restrictions

Intellectual Property

• Examples: Copyrighted music, videos without permission
• Consequences: Content removal + DMCA strike

5.4 Content Moderation

• Private by Design: We generally don't monitor private content
• Reported Content: We review content reported by users
• Automated Detection: We may use automated tools for clearly illegal content
• Human Review: Serious violations are reviewed by human moderators
• Appeals Process: Contact hello@joinspill.com to appeal content decisions

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6. Acceptable Use

6.1 Permitted Uses

• ✅ Personal video journaling and reflection
• ✅ Sharing memories with close friends and family
• ✅ Using app features as intended
• ✅ Providing feedback to improve the service

6.2 Prohibited Activities

You agree NOT to:

• 🚫 Reverse Engineer: Decompile, disassemble, or extract source code
• 🚫 Commercial Use: Resell, sublicense, or commercialize the App without permission
• 🚫 Data Scraping: Use automated means to collect data from the App
• 🚫 System Interference: Upload malware, viruses, or disrupt App functionality
• 🚫 Impersonation: Pretend to be someone else or create fake accounts
• 🚫 Platform Manipulation: Artificially inflate engagement or game algorithms
• 🚫 Legal Violations: Use the App for any illegal purpose
• 🚫 Multiple Accounts: Create multiple accounts to evade restrictions

6.3 Enforcement

Violations may result in:

1. Warning: First-time minor violations
2. Content Removal: Specific content that violates terms
3. Account Suspension: Temporary loss of access (1-30 days)
4. Account Termination: Permanent ban from the platform
5. Legal Action: For serious violations involving illegal activity

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7. Subscriptions & Payments

7.1 Subscription Tiers

Spill Free

• Features: 1 video per day
• Billing: Free
• Price: $0

Spill Pro

• Features: 3 videos per day, advanced features, priority support
• Billing: Monthly/Annual
• Price: Variable by region

7.2 Payment Processing

• Payment Provider: RevenueCat, Inc. handles all subscription processing
• App Store Integration: Billing through Apple App Store
• Supported Payment Methods: Credit cards, Apple Pay, App Store gift cards
• Currency: Prices displayed in your local currency
• Taxes: Applicable taxes added at checkout as required by law

7.3 Billing & Renewal

• Automatic Renewal: Subscriptions auto-renew unless cancelled 24+ hours before renewal
• Price Changes: 30-day advance notice for subscription price increases
• Billing Issues: Contact Apple Support for billing questions
• Cancellation: Cancel anytime through App Store settings

7.4 Free Trials

• Duration: Varies by promotion (typically 3-14 days)
• Auto-Conversion: Automatically converts to paid subscription unless cancelled
• Cancellation: Cancel during trial period to avoid charges
• Limitations: One free trial per Apple ID

7.5 Refunds

• App Store Policy: Refund requests handled by Apple per their terms
• Exceptional Cases: Contact hello@joinspill.com for exceptional circumstances
• Pro-Rated Refunds: We don't offer pro-rated refunds except as required by law
• Service Disruption: Refunds may be provided for significant service outages

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8. Intellectual Property

8.1 Spill's Property

The App and all intellectual property rights therein, including but not limited to:

• Software Code: All application code and algorithms
• Design Elements: User interface, graphics, logos, trademarks
• Content: Text, images, videos created by Spill
• Features: Unique functionality and user experience elements

Are the exclusive property of Julien Pinto/Spill and protected by intellectual property laws.

8.2 Limited License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install one copy of the App on your personal devices
• Use the App for personal, non-commercial purposes
• Access and use features according to your subscription level

8.3 Restrictions

You may NOT:

• Copy, modify, or create derivative works of the App
• Sell, rent, lease, or sublicense the App
• Remove or alter any proprietary notices
• Use our trademarks or branding without permission

8.4 Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

8.5 DMCA Compliance

We comply with the Digital Millennium Copyright Act. To file a copyright claim:

1. Email: hello@joinspill.com
2. Include: All information required by 17 U.S.C. § 512(c)(3)
3. Response: We'll investigate and respond within 24-48 hours
4. Repeat Infringers: Accounts with multiple valid DMCA claims will be terminated

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9. Third-Party Services

9.1 Integrated Services

Authentication

• Provider: Apple Inc.
• Purpose: Secure login
• Data Shared: Email, name

Database & Storage

• Provider: Supabase
• Purpose: Data storage
• Data Shared: All user content (encrypted)

Payment Processing

• Provider: RevenueCat, Inc.
• Purpose: Subscription management
• Data Shared: Purchase data, user ID

Analytics

• Provider: Google (Firebase)
• Purpose: Usage analytics
• Data Shared: Pseudonymous usage data

Content Delivery

• Provider: Cloudflare, Inc.
• Purpose: Video streaming
• Data Shared: IP address, cached content

Crash Reporting

• Provider: Google (Firebase)
• Purpose: Error detection
• Data Shared: Device info, crash logs

9.2 Third-Party Terms

Your use of these services is also governed by their respective terms and privacy policies:

• Apple Terms of Service: apple.com
• Supabase Terms: supabase.com
• RevenueCat Terms: revenuecat.com
• Google/Firebase Terms: firebase.google.com
• Cloudflare Terms: cloudflare.com

9.3 Third-Party Disclaimer

• We're not responsible for third-party services' availability, functionality, or policies
• Service disruptions by third parties may affect Spill's functionality
• You acknowledge third-party services have their own terms and privacy practices

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10. Disclaimers & Warranties

10.1 "AS IS" Service

• Merchantability: Fitness for a particular purpose
• Non-Infringement: Freedom from third-party IP claims
• Uninterrupted Service: Continuous availability or operation
• Error-Free Operation: Freedom from bugs or technical issues
• Data Security: Absolute protection against breaches or loss

10.2 Service Limitations

We do NOT guarantee:

• 24/7 Availability: Service may be interrupted for maintenance
• Data Permanence: While we use robust backup systems, no system is 100% reliable
• Cross-Platform Compatibility: Future iOS updates may affect functionality
• Feature Permanence: Features may be modified or discontinued
• Performance: Speed may vary based on device, network, and server load

10.3 Internet & Device Dependencies

The App requires:

• Active internet connection for most features
• Compatible iOS device and version
• Sufficient device storage for video content
• Updated App version for security and functionality

10.4 Beta Features

• Testing Phase: Some features may be in beta or experimental phase
• No Warranties: Beta features provided without warranties
• Data Loss Risk: Beta features may cause data loss or corruption
• Feedback Welcome: Report issues with beta features

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11. Limitation of Liability

11.1 Scope of Limitation

🚫 Excluded Damages

• Indirect Damages: Consequential, incidental, special, or punitive damages
• Business Losses: Lost profits, revenue, business opportunities, or goodwill
• Data Issues: Loss of data, use, or other intangible losses
• Third-Party Actions: Claims by other users or third parties
• Service Interruptions: Downtime, maintenance, or technical failures

💰 Damage Cap
OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF:

• $100 USD, OR
• The amount you paid us in the 12 months prior to the claim

11.2 Essential Service Exception

Some jurisdictions don't allow limitation of liability for certain essential services. In such cases, our liability is limited to the minimum extent permitted by law.

11.3 Time Limitation

Any claims must be brought within one year after the cause of action arises or when you first became aware (or reasonably should have become aware) of the issue.

11.4 Jurisdiction-Specific Rights

Nothing in these Terms excludes or limits rights that cannot be excluded or limited under applicable law, including:

• Consumer Protection Laws: Warranties or guarantees that cannot be excluded
• Personal Injury: Liability for death or personal injury caused by negligence
• Fraud: Liability for fraudulent misrepresentation

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12. Indemnification

12.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless Julien Pinto/Spill, its officers, directors, employees, agents, and partners from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your User Content: Any content you upload, share, or transmit
• Terms Violations: Your breach of these Terms or our policies
• Law Violations: Your violation of applicable laws or regulations
• Third-Party Rights: Your infringement of others' intellectual property, privacy, or other rights
• Misuse: Your misuse of the App or services
• False Information: Providing false or misleading information

12.2 Process

• Notice: We'll promptly notify you of any claim
• Cooperation: You'll cooperate fully in defending the claim
• Control: You may control the defense, subject to our approval of counsel
• Settlement: No settlement without our written consent

12.3 Our Rights

We reserve the right to:

• Assume defense of any claim at our expense
• Require use of counsel acceptable to us
• Participate in defense at your expense if we choose

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13. Termination

13.1 Termination by You

• Account Deletion: Delete your account anytime through app settings
• Immediate Effect: Termination is effective immediately
• Data Deletion: Your content will be deleted within 30 days
• Subscription: Cancel subscription through App Store to avoid future charges

13.2 Termination by Us

We may suspend or terminate your access immediately for:

• Terms Violations: Breach of these Terms or our policies
• Illegal Activity: Using the App for illegal purposes
• Safety Concerns: Behavior that threatens user safety
• Extended Inactivity: Accounts inactive for 3+ years (with notice)
• Legal Requirements: As required by law or court order

13.3 Effect of Termination

Upon termination:

• Access Ceases: You lose all access to your account and content
• License Ends: Your license to use the App terminates
• Data Deletion: Your data will be deleted per our retention policy
• Survival: Certain sections survive termination (see Section 15.8)

13.4 No Refunds

Termination doesn't entitle you to refunds except as required by applicable law.

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14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of France, without regard to conflict of law principles, except where consumer protection laws require application of your local laws.

14.2 Informal Resolution

Before filing any formal dispute, you agree to:

1. Contact Us: Send detailed complaint to hello@joinspill.com
2. Good Faith Discussion: Engage in good faith negotiations
3. 60-Day Period: Allow 60 days for informal resolution

14.3 Arbitration (US Users)

For US users, disputes will be resolved through binding arbitration:

• AAA Rules: American Arbitration Association Consumer Arbitration Rules
• Individual Basis: No class actions or representative proceedings
• Location: Your state of residence or remotely
• Costs: We'll pay arbitrator fees for claims under $10,000

14.4 Court Jurisdiction (Non-US Users)

For non-US users:

• EU Users: Courts in your country of residence have jurisdiction
• Other Users: French courts have jurisdiction, except where local consumer laws provide otherwise

14.5 Small Claims Exception

Either party may bring individual claims in small claims court if they qualify.

14.6 Class Action Waiver

You waive any right to participate in class actions, collective actions, or representative proceedings.

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15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spill regarding the App.

15.2 Amendments

• Notice: We'll provide 30-day notice of material changes
• Continued Use: Continued use after changes constitutes acceptance
• Right to Terminate: You may terminate if you don't agree to changes

15.3 Severability

If any provision is found unenforceable, the remainder of these Terms remain in effect.

15.4 No Waiver

Our failure to enforce any provision doesn't waive our right to enforce it later.

15.5 Force Majeure

We're not liable for delays or failures due to circumstances beyond our reasonable control, including:

• Natural disasters, pandemics, wars, terrorism
• Government actions, internet outages
• Third-party service failures
• Labor disputes, supply chain disruptions

15.6 Assignment

• By You: You may not assign these Terms without our written consent
• By Us: We may assign these Terms, including in connection with a merger, acquisition, or sale of assets

15.7 Language

These Terms are written in English. Translations may be provided for convenience, but the English version controls in case of conflicts.

15.8 Survival

The following sections survive termination:

• User Content licenses granted to us
• Intellectual Property (Section 8)
• Disclaimers & Limitation of Liability (Sections 10-11)
• Indemnification (Section 12)
• Dispute Resolution (Section 14)
• General Provisions (Section 15)

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16. Contact Information

16.1 General Inquiries

• Email: hello@joinspill.com
• Response Time: 3-5 business days

16.2 Legal & Terms Questions

• Email: hello@joinspill.com
• Subject: "Terms of Service Inquiry"

16.3 Security Issues

• Email: hello@joinspill.com
• Response Time: 24 hours for urgent security matters

16.4 Business Address

Julien Pinto
24 route de laverune
Montpellier 34070
France

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© 2025 Julien Pinto. All rights reserved.

Last Updated: August 22, 2025 · Version: 1.0 · Effective Date: August 22, 2025