Key Terms

Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.

Spotshot Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from canceled orders as a Buyer and/or your Spotshot Business Balance (as defined in the Spotshot Business Terms of Service).

Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Spotshot platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with Spotshot Balances.

Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on Spotshot, subject to these Terms.

Pricing is the amount the seller chooses to value his/her services at. Spotshot as a marketplace does not set the pricing for any of its vendors. It asks for the pricing input from the sellers itself on the basis of a per hour and per photo rate.

Receiving Payments

General

• Each Shoot you sell and successfully complete, accredits your account with revenue equal to 75% of the purchase amount.
• Spotshot accredits Sellers once an order is completed. See the "Orders” section in the Terms of Service for a definition of a completed order.
• If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s Spotshot Balance.
• Sellers are responsible for paying any direct or indirect taxes, including any GST, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Shoot page is inclusive of all such taxes and charges that may apply to the Sellers.
• Appointment as Limited Payment Collection Agent: Seller hereby appoints Spotshot as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to Spotshot shall be considered the same as made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Spotshot (or its Payment Services Provider, as applicable), and Spotshot (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that Spotshot (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Spotshot and not the Buyer directly. Seller agrees that Spotshot may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Spotshot may deem necessary or prudent.
• Spotshot partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Spotshot Balances. All payments services in connection with the withdrawal of funds on the Spotshot platform are performed by Spotshot’s Payment Services Providers.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of Spotshot's Payment Service Providers for the withdrawal methods listed below. All funds eligible for Withdrawal will be held on your behalf at an account with Spotshot’s Payment Services Provider. All payment services, including withdrawal services, will be provided by Spotshot’s Payment Services Provider.
• Your Spotshot profile can be associated with only one account from each Spotshot withdrawal method. A Payment Service Provider withdrawal account can be associated with only one Spotshot profile.
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete. For Spotshot Studio Members, the safety clearance period depends on the Studio Lead’s Level Status or classification (Level 1, Top Rated, Pro, etc.).
• Sellers may withdraw their revenues using one of Spotshot’s withdrawal options (see Withdrawal Section below regarding payment terms). To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process.
• For security concerns, Spotshot may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Spotshot accounts to a single withdrawal provider.
• Withdrawals can only be made in the amount available to you.
• Withdrawal fees vary depending on the withdrawal method.
• Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
• In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Spotshot’s Payment Services Providers. Your Spotshot Balance is always derived from its US$ value and, therefore, the local currency amount of your Spotshot Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees. Sellers always have the option to withdraw Revenues in US$.
• Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Spotshot's approval.

Withdrawal Methods

• UPI - Credit into UPI account submitted during time of onboarding
• Local Bank Transfer (LBT) - Spotshot will conduct a penny drop verification on the bank account details submitted at the time of onboarding. Partners can expect payout fortnightly.
• *Additional fees may apply based on your location and currency.

Purchasing

General

• Buyers pay Spotshot to create an order from a Seller’s Shoot page or Custom Offer, using the Order Now button or through the Logo Maker. Spotshot partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Spotshot Balances. All payments services in connection with the collection of funds on the Spotshot platform are performed by Spotshot’s Payment Services Providers.
• Spotshot serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Spotshot (or its Payment Services Provider, as applicable), and Spotshot (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that Spotshot (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Spotshot and not the Buyer directly.
• In most locations, purchases on Spotshot can be made by using one of the following payment methods: Credit Card, PayPal, Spotshot Credits or existing Spotshot Balance. Additional payment methods may apply in certain locations. More information on available payment methods is available here.
• Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees. As of March 2021, the service fees are 5.5% of the purchase amount. For purchases under US$50 an additional US$2 small order fee will be applied.
• Your existing Spotshot Balance will be automatically applied to your next purchase.
• You may not offer Sellers to pay, or make payment using any method other than through the Spotshot.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
• You agree to receive invoices and/or payment receipts from Spotshot in electronic form as PDF documents, by email or through the Site.
• To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by either Spotshot or Spotshot’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments. Spotshot is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here .
• By using any payment method and/or providing payment details for making purchases on Spotshot, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Spotshot; and (d) such actions do not violate any applicable law.

Purchasing through Spotshot Logo Maker

• All Logo Designs have a fixed US$ price and can be purchased either in the basic logo package or in additional packages as indicated in the Logo Design order page.
• Before completing an order, you will be able to preview a watermarked version of the Logo Design embedded with your brand name, and to further modify the Logo Design using the editing tools. Once payment has been made, orders of Logo Designs may not be canceled.
• You can also purchase redesign services from the Seller who created the Logo Design. The price of such redesign services is determined by the Seller and a service fee will be charged solely for the additional redesign services. For cancellations of logo redesign services, please refer to the “Disputes and Cancellations” section below.

Local Currencies

• You can pay on Spotshot in several different currencies. For your convenience, prices will be rounded up to the closest number. At checkout, you will see the accurate amount to be paid. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by Spotshot’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
• Note that all prices on Spotshot are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their currency.
• If you paid for an Order in a currency other than US$ and your Order was later canceled for any reason, the amount returned to your Spotshot Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
• Your Spotshot Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Spotshot Balance in any currency other than US$, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same US$ value. Users always have the option to view their Spotshot Balance in US$ by changing their selected displayed currency.

Spotshot Credits

In certain instances, Spotshot may offer you credits (“Spotshot Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Shoots and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Spotshot Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, Spotshot Credits expire following three months from their receipt. Spotshot Credits serve only as an incentive to use Spotshot, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, Spotshot Credits may not be returned to your account even if your Order gets canceled. Spotshot Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Spotshot reserves the right to modify or cancel the Spotshot Credits program at any time. If you or Spotshot deactivate or suspend your Spotshot account, any unused Spotshot Credits in your account will be forfeited.

Promo Codes

From time to time we may offer you promo codes for purchasing Shoots and/or other services offered on the Site, on special discounts. Promo Codes are valid only for purchases on Spotshot and are subject to different time limitations and will expire after their predefined term. To exercise your promo code, simply enter the code on the checkout page. If you fail to do so, your purchase will not be eligible for the discount. Promo codes are limited to one use per user and may not be used or combined with any other promotion. For orders that are composed of one or more milestones, the promo code will apply to the first milestone only. Promo Codes do not apply to Spotshot Credits. Promo codes may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the promo codes. Promo codes may be voided in the event of fraud, misuse, or violation of the Terms of Service. Spotshot reserves the right to modify or cancel promo codes at any time.

Taxes

• Spotshot may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount Spotshot will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount Spotshot will be required to withhold will be deducted from the Seller’s revenue, as required by applicable laws.
• Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment.
• Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Spotshot's Customer Support department for assistance here.

Basics

• Order cancellations can be performed on Spotshot, when eligible, by Spotshot (via Customer Support or otherwise) or through the Resolution Center per order.
• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
• In the event that you encounter an issue related to the service provided in an order, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.
• Spotshot, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
• All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is canceled for any reason.
• If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s Spotshot Balance.
• Revisions to deliveries can be performed by Sellers based on the Seller’s Shoot and customer care. Sellers may determine the amount of revisions they wish to offer, including no revisions.
• Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
• Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

• Spotshot encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
• Eligibility for requests to Spotshot to cancel an order will be assessed by Spotshot based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Spotshot delivery system. See below for Order specific eligibility.
• Completed orders (or, where applicable, completed milestones) may be canceled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified).
• In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the canceled order will be returned to the Buyer’s Spotshot Balance and will be deducted from the Seller’s Spotshot Balance or, if there are no sufficient amounts in the Seller’s Spotshot Balance, from future revenues of such Seller.
• For orders made through the Spotshot Logo Maker, once payment has been made, orders of Logo Designs may not be canceled.
• Orders are not eligible to be canceled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Shoot Page. You may rate your experience with the Seller on the Order Page, including the overall level of service quality received.
• You must use Spotshot Resolution Center to address your concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the applicable has failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Spotshot.
• Any non-permitted usage of Spotshot encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Spotshot’s Terms of Service.
• Spotshot will cancel orders based on, but not limited to, the following reasons:

Active orders (after requirements were submitted to the Seller and before the Seller delivers on Spotshot):

• The Seller is late and/or unresponsive for more than 24 hours while the order is marked as Late.
• The Seller accepts the order but is a no-show for the assignment.
• The Seller completes the order but does not fulfill the order in 24 hours
• The seller accepts payment but does not deliver on the assignment
• Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
• Users supplied or included copyright/trademark infringing materials as part of their requirements or the Seller’s delivery.
• The user is no longer an active Spotshot user due to Terms of Service violations or closure of their account.

Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete):

• The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service. Note: Multiple reported offenses will result in permanent suspension of your account.
• The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
• The Seller requests additional payments, on or off the Spotshot platform, by withholding the final delivery of services directly related to the agreed requirements.
• The Seller is withholding the final delivery of services for improved ratings.
• Users who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
• Users who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.

Completed Orders (after the order is marked as complete and before the 14-day limitation):

• Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
• Users who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Seller’s Shoot Page and cannot be retroactively included once the order is completed for over 14 days.
• Spotshot Customer Support will review cases of Order delivery manipulation that prevents users from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Chargebacks

Spotshot reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Spotshot (or one of Spotshot’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.

Refunds

• Spotshot does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer's Spotshot Balance and are available for future purchases on Spotshot.
• Deposit refunds (i.e. refunds directly to your payment provider) can be requested directly from the billing page, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

General Terms

Modifications

• Spotshot may make changes to these Payment Terms from time to time. When these changes are made, Spotshot will make a new copy of the terms available on this page.
• You understand and agree that if you use Spotshot after the date on which the Payment Terms have changed, Spotshot will treat your use as acceptance of the updated Payment Terms.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Spotshot NOR ANY PERSON ASSOCIATED WITH Spotshot MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL Spotshot, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, Spotshot AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Spotshot, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.