Terms of Service

1. Introduction

Welcome to SpotBasket. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and the applicable SpotBasket legal entity identified in Section 22 (collectively, "SpotBasket," "we," or "us"). By accessing or using the SpotBasket website located at https://spotbasket.com (the "Website"), the SpotBasket iOS and Android applications (collectively, the "Apps"), and any related products, features, content, or services that we make available (together with the Website and the Apps, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Cookie Policy, and any other policies referenced herein.

If you do not agree to these Terms, you must not access or use the Services.

2. Definitions

"Account" means the password‑protected profile you create to access certain Services.

"Content" means any text, images, audio, video, courses, assessments, certificates, data, software, code, or other material uploaded to, stored on, or transmitted via the Services.

"Creator" means any User who uploads, publishes, or offers Content (including Courses) via the Services.

"Coach" means any User—including individual coaches, academies, organizations, or schools—who lists in‑person or virtual personal or group training sessions through the Coach Service Marketplace.

"Member" means any User who has subscribed to a Membership Plan (see Section 6).

"Course" means any training material or program uploaded via https://spotbasket.com/my-courses/.

"Coach Service Marketplace" means the catalog‑style platform within the Services on which Coaches publish and sell personal or group training sessions that they themselves deliver (similar to “CoachUp”). These offerings are referred to herein as "Service Listings".

"Membership Plan" means any subscription plan offered by SpotBasket, including but not limited to SpotBasket Membership, Coach Membership, and Academy & School Membership (see Section 6).

"Sanctioned Countries" means the countries and territories subject to comprehensive trade or financial sanctions under European Union, United States, United Kingdom, or United Nations regulations, currently including Cuba, Iran, North Korea, Syria, Russia, Belarus, and the Crimea, Donetsk, and Luhansk regions of Ukraine (collectively, "Sanctioned Countries"). SpotBasket may update this list at any time to reflect changes in applicable laws.

3. Eligibility

You must be at least 16 years old (or the age of digital consent in your jurisdiction, if higher) to use the Services.

You are not eligible to register for or use the Services if you are located in, ordinarily resident in, or a citizen of any Sanctioned Country (defined in Section 2).

By creating an Account, you represent and warrant that you meet the applicable age requirement and that you have not been previously suspended or removed from the Services.

If you are under 18 years of age, you may use the Services only with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

4. Modification of Terms

SpotBasket may amend these Terms at any time. We will provide reasonable advance notice of material changes (for example, by email or in‑Service notification). Your continued use of the Services after the effective date of revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services before the effective date.

5. Account Registration & Security

5.1 Account Information. You agree to provide accurate, current, and complete information during registration and to keep such information up to date at all times.

5.2 Security. You are responsible for safeguarding your login credentials and for all activities that occur under your Account. You must promptly notify SpotBasket of any unauthorized use or suspected security breach.

5.3 Multiple Accounts. SpotBasket may limit the number of Accounts that you may create or maintain.

5.4 Termination. SpotBasket reserves the right to suspend or terminate your Account at any time and for any reason, including for violation of these Terms.

6. Services & Membership Plans

6.1 Overview. SpotBasket currently offers the following categories of Services. The specific features, prices, and applicable terms for each category are described on the pages linked below and are subject to change without notice. By purchasing or using a category of Service, you agree to the then‑current terms listed on its respective page.

SpotBasket Membership (Users). See https://spotbasket.com/subscriptions/
Coach Membership. See https://spotbasket.com/choose-pro-plan-coach/
Academy & School Membership (Business). See https://spotbasket.com/choose-a-plan-academies/
Skills Assessments. See https://spotbasket.com/skills-assessments/

6.2 Service Changes. SpotBasket may modify or discontinue any Service, Membership Plan, or feature at its sole discretion. If you have prepaid fees for a discontinued Service, SpotBasket will, at its election, provide a pro‑rata refund or credit unless discontinuation is due to your breach of these Terms.

6.3 Trial & Promotional Offers. We may offer free trials or discounted introductory prices. If you do not cancel before the end of the trial or promotion period, regular fees will apply.

6.4 Automatic Renewal. Unless otherwise stated, Membership Plans renew automatically for recurring periods equal to the initial term. You may cancel renewal at any time from your Account settings, effective at the end of the current billing cycle.

7. Course Creation & Content Licensing

7.1 Creator Content. Creators may upload and offer Courses, drills, videos, documents, or other training materials via https://spotbasket.com/my-courses/ or other designated upload areas.

7.2 License to SpotBasket. By uploading or otherwise making Content available via the Services, you grant SpotBasket a worldwide, perpetual, irrevocable, royalty‑free, transferable, sublicensable license to use, host, store, cache, reproduce, adapt, modify, translate, create derivative works, publish, publicly perform, publicly display, broadcast, transmit, distribute, and otherwise exploit such Content, in whole or in part, in any media now known or later devised, for any purpose, including commercial, marketing, and promotional purposes (e.g., on social media, advertising, or other channels). SpotBasket may make your Content available free of charge, for paid access, or in any combination thereof, at its sole discretion.

7.3 Revenue Share. When SpotBasket sells a Course for a price set by the Creator (which SpotBasket may adjust at its discretion without the Creator’s consent), SpotBasket will pay the Creator thirty percent (30 %) of Net Revenue actually received by SpotBasket for that Course. "Net Revenue" means gross amounts received less (a) taxes, (b) refunds, chargebacks, and bad debt, and (c) third‑party transaction fees. Payments are made every two (2) months, provided the Creator’s cumulative unpaid balance equals or exceeds USD 100. Unpaid balances below USD 100 will roll forward until the threshold is met. SpotBasket may aggregate multiple Courses for payout purposes.

7.4 Free Distribution. If SpotBasket distributes all or part of a Course without charge (e.g., as a free sample or promotion), no revenue share will be due.

7.5 Creator Representations. You represent and warrant that (a) you own or have all necessary rights to grant the above license; (b) the Content does not infringe any third‑party rights, including intellectual‑property, privacy, or publicity rights; (c) the Content complies with these Terms and all applicable laws; and (d) you have obtained any required consents, permissions, or releases.

7.6 DMCA & EU Copyright. SpotBasket respects copyright law and will respond to valid takedown notices under the Digital Millennium Copyright Act (DMCA) and EU Copyright Directive. Our designated agent information is available upon request.

8. Coach Service Marketplace

8.1 Service Listings. Coaches, academies, organizations, or schools (collectively, "Providers") may create Service Listings for personal or group training sessions they will deliver in person or virtually. Coaches determine the base price for each Service Listing, subject to Section 8.3.

8.2 Role of SpotBasket. SpotBasket acts solely as an online marketplace and facilitator for Service Listings. SpotBasket is not a party to any agreement between Coach and User, is not an employer of Coaches, and does not supervise, direct, or control Coaches or the Services they provide. SpotBasket does not guarantee the quality, safety, legality, or accuracy of any Service Listing.

8.3 Fees & Commission. SpotBasket may (a) add a marketplace fee on top of the Coach‑listed price that is payable by the User and/or (b) retain a percentage of the Coach‑listed price (the "Marketplace Commission"). The applicable Marketplace Commission for each Coach or Academy is displayed in their dashboard and may vary. SpotBasket will remit the remaining balance to the Coach, subject to Section 8.5.

8.4 Booking, Cancellation & Refunds (No‑Refund Policy). SpotBasket’s platform merely facilitates booking and payment collection on behalf of Providers. All payments are final and non‑refundable. The sole exception applies to a User’s first paid training session booked through the Coach Service Marketplace: if the Provider fails to deliver that session, the User may request a refund of the Provider’s fee (excluding any SpotBasket marketplace or payment‑processing fees). To be eligible, the User must (i) have paid through SpotBasket; (ii) notify us in writing at [email protected] within twenty‑four (24) hours after the scheduled session date; and (iii) include screenshots or other evidence of the Provider’s non‑delivery. Upon verification, SpotBasket will refund only the Provider’s fee; SpotBasket’s own fees remain non‑refundable.

8.5 Payouts. SpotBasket issues payouts to Coaches once per calendar month, provided the Coach’s cumulative unpaid balance equals or exceeds USD 1 000. Balances below USD 1 000 roll forward until the threshold is reached. Payouts are made via the payment method selected in the Coach’s dashboard.

8.6 Coach Obligations. Coaches (a) are solely responsible for the content of their Service Listings, (b) must possess all qualifications, certifications, and insurance required by law and by any sports‑governing body to provide the listed services, (c) must comply with all health and safety obligations, and (d) must not misrepresent their skills or experience.

8.7 User Responsibilities. Users acknowledge that participation in sports or fitness activities involves inherent risks. Users are responsible for ensuring that they are medically fit to participate and for following any instructions provided by the Coach. SpotBasket is not liable for any injury, loss, or damage arising from a User’s participation in a training session.

8.8 Disclaimers. To the maximum extent permitted by law, SpotBasket disclaims any liability arising from (a) the conduct of any Coach or User, (b) any injury or damage occurring during or after a training session, and (c) any dispute between Coach and User. Disputes must be resolved directly between the parties; however, SpotBasket may, in its sole discretion, facilitate informal resolution. Payouts. SpotBasket issues payouts to Coaches once per calendar month, provided the Coach’s cumulative unpaid balance equals or exceeds USD 1 000. Balances below USD 1 000 roll forward until the threshold is reached. Payouts are made via the payment method selected in the Coach’s dashboard.

9. Fees, Billing & Payments

9.1 Pricing. All prices are listed in U.S. dollars (USD) unless stated otherwise and are exclusive of applicable taxes.

9.2 Payment Processor. SpotBasket uses third‑party payment processors. Your payments are subject to the third‑party processor’s terms and conditions. SpotBasket is not liable for payment‑processing errors.

9.3 Taxes. You are responsible for any taxes, duties, and governmental charges related to your transactions. SpotBasket may collect and remit taxes where required by law.

9.4 No‑Refund Policy. Except as expressly described in Section 8.4 (Coach Service Marketplace – Service Not Rendered), all sales, fees, and charges—including SpotBasket’s marketplace, subscription, and processing fees—are final and non‑refundable under any circumstances.

9.5 Chargebacks. You will be responsible for any chargebacks or similar payment disputes initiated by you or your payment provider.

10. Acceptable Use & Prohibited Conduct

You agree not to:

Violate any applicable law, regulation, or third‑party right.
Upload, post, or transmit Content that is unlawful, defamatory, harassing, hateful, obscene, or otherwise objectionable.
Distribute malware, viruses, or other harmful code.
Use scraping, data‑mining, or similar automated methods to access the Services without our prior written consent.
Reverse engineer, decompile, or disassemble any part of the Services.
Interfere with the proper functioning of the Services or bypass any security measures.

SpotBasket may investigate and take any available legal action for violations, including removing Content, suspending Accounts, and reporting to law enforcement.

11. Intellectual‑Property Rights

11.1 SpotBasket IP. The Services, including all software, code, and proprietary content (excluding User Content), are owned by SpotBasket or its licensors and are protected by copyright, trademark, and other laws. Except as expressly permitted, you may not reproduce or exploit any SpotBasket IP.

11.2 User Content Ownership. Except for the rights expressly granted herein, Creators and Coaches retain all ownership rights in their Content and Service Listings, respectively.

12. Third‑Party Links & Resources

The Services may contain links to third‑party websites or resources. SpotBasket is not responsible for the content, products, or services on or available from those resources or for any loss or damage that may arise from your use of them.

13. Disclaimer of Warranties

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SPOTBASKET SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND ACCURACY OF DATA. SPOTBASKET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTBASKET, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPOTBASKET’S TOTAL LIABILITY FOR ALL CLAIMS UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO SPOTBASKET IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR (B) USD 100.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless SpotBasket and its affiliates, directors, officers, employees, and agents from and against any third‑party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) your Content or Service Listings; (c) your violation of these Terms or any applicable law; or (d) your infringement of any third‑party right.

16. Termination & Suspension

16.1 By You. You may terminate your Account at any time via your Account settings. Prepaid fees are non‑refundable unless required by law.

16.2 By SpotBasket. SpotBasket may suspend or terminate your access to the Services immediately, with or without notice, if you breach these Terms or if we are required to do so by law or court order.

16.3 Effect of Termination. Upon termination, (a) all licenses granted to you will cease, (b) you must cease all use of the Services, and (c) Sections that by their nature should survive will survive, including Sections 7, 8, 11, 13, 14, 15, and 22.

17. Governing Law & Jurisdiction

These Terms and any dispute arising out of or related to them will be governed by and construed in accordance with the laws of the jurisdiction specified in Section 22, without regard to conflict‑of‑law principles. You and SpotBasket submit to the exclusive jurisdiction of the courts located in that jurisdiction.

18. Dispute Resolution & Arbitration (Optional)

[Optional arbitration clause – insert if required.]

19. Notice for EU Consumers

If you are an EU consumer, you may have certain statutory rights that cannot be waived.

20. Assignment

SpotBasket may assign or transfer these Terms without restriction. You may not assign or transfer your rights or obligations under these Terms without SpotBasket’s prior written consent.

21. Miscellaneous

21.1 Entire Agreement. These Terms constitute the entire agreement between you and SpotBasket regarding the Services and supersede all prior agreements.

21.2 Severability. If any provision is held invalid, the remaining provisions will remain in full force and effect.

21.3 No Waiver. SpotBasket’s failure to enforce any right or provision will not be deemed a waiver.

21.4 Force Majeure. SpotBasket will not be liable for any delay or failure resulting from causes beyond its reasonable control.

22. SpotBasket Legal Entities

Website (https://spotbasket.com)
Amiscon Global S.L.

iOS, Android Apps (SpotBasket)
Enbrig OÜ

Contact Us

If you have any questions about these Terms or the Services, please contact us at [email protected].