Terms of Service

Effective date: July 25, 2026
Last updated: July 25, 2026

These terms govern your use of thespotmind.com and any services provided by TheSpotMind ("TheSpotMind," "we," "us"). By using the site or engaging our services, you agree to them.

1. Who we are

TheSpotMind is a community growth and monetization consultancy operating from Miami, Florida, United States, with presence in the New York metropolitan area. We serve clients throughout the United States and Latin America.

Legal entity: THESPOTMIND LLC
Contact: team@thespotmind.com

2. Use of this website

You may use this site for lawful purposes only. You agree not to:

• Attempt to gain unauthorized access to the site or its systems
• Use automated tools to scrape or copy content at scale
• Interfere with the site's operation or security
• Misrepresent your identity when contacting us

We may modify or discontinue any part of the site at any time without notice.

3. Services

Scope. The specific services, deliverables, timeline, and fees for any engagement are defined in a separate written proposal or statement of work. Those documents govern the engagement. Where they conflict with these terms, the proposal controls.

Nothing on this site is an offer. Descriptions of services, prices, or timeframes published here are informational. An engagement exists only once both parties have agreed in writing.

Client responsibilities. Delivery depends on you providing timely access, information, decisions, and approvals. Delays caused by unavailability of these may extend timelines and, where they materially increase our work, adjust fees.

4. No guarantee of results

This is important, so it is stated plainly.

We provide strategy, implementation, and consulting services. We do not guarantee any specific outcome — including but not limited to member growth, retention rates, revenue, engagement metrics, search rankings, or visibility in search engines or AI answer engines.

Results depend on factors outside our control, including your offer, your audience, your execution, market conditions, and the policies and algorithms of third-party platforms. Any figures, benchmarks, or examples discussed are illustrative and are not a promise of comparable results.

5. Fees and payment

Fees, schedule, and payment terms are set out in the applicable proposal. Unless stated otherwise:

• Invoices are due within 15 days of issue
• Fees are quoted in US dollars and exclude any applicable taxes, which are your responsibility
• Late payments may incur interest at 1.5% per month or the maximum permitted by law, whichever is lower
• Deposits and fees for work already performed are non-refundable

We may suspend work on overdue accounts after written notice.

6. Intellectual property

Our materials. Site content, methodologies, frameworks, templates, and documentation are our property. Nothing here transfers ownership of them.

Your materials. Content, data, brand assets, and information you provide remain yours. You grant us a limited license to use them as needed to deliver the engagement.

Deliverables. On full payment, you own the specific deliverables produced for you. We retain ownership of underlying tools, templates, and know-how used to create them, and may reuse those on other engagements.

Portfolio rights. Unless you tell us otherwise in writing, we may reference the engagement and describe the work performed in our marketing materials. We will not disclose confidential information or specific figures without your written permission.

7. Third-party platforms

Our work frequently involves third-party platforms and tools. Those services are governed by their own terms, which you are responsible for accepting and complying with. We are not responsible for their availability, pricing changes, policy changes, data loss, or discontinuation. Costs of third-party subscriptions are yours unless the proposal says otherwise.

8. Confidentiality

Each party agrees to keep the other's non-public business information confidential and to use it only for purposes of the engagement. This survives termination. It does not apply to information that is public, independently developed, or required to be disclosed by law.

9. Termination

Either party may terminate an engagement with 14 days' written notice. On termination, you pay for all work performed through the termination date, and we deliver work completed to that point.

We may terminate immediately for non-payment, breach of these terms, or conduct that is abusive or unlawful.

10. Limitation of liability

To the maximum extent permitted by law:

• The site and our services are provided "as is," without warranties of any kind, express or implied
• We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or lost data
• Our total aggregate liability arising from any engagement will not exceed the fees you paid us in the three (3) months preceding the event giving rise to the claim

Some jurisdictions do not allow certain limitations, in which case the limits above apply to the maximum extent permitted.

11. Indemnification

You agree to indemnify and hold us harmless from claims arising out of your content, your use of our deliverables, your violation of these terms, or your violation of any law or third-party right.

12. Governing law and disputes

These terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles. Any dispute will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and both parties consent to that jurisdiction.

Before filing, the parties agree to attempt to resolve the dispute in good faith for 30 days after written notice.

13. General

Independent contractor. We are an independent contractor, not your employee, partner, or agent.

Assignment. You may not assign an engagement without our written consent.

Severability. If any provision is held unenforceable, the rest remains in effect.

Entire agreement. These terms plus the applicable proposal constitute the entire agreement and supersede prior discussions.

Changes. We may update these terms. Material changes will be reflected in the "Last updated" date. Continued use after a change constitutes acceptance. Changes do not retroactively alter signed proposals.

14. Contact

THESPOTMIND LLC
c/o Registered Agents Inc
7901 4th St N, Ste 300
St. Petersburg, FL 33702
United States
team@thespotmind.com