SPONTIGO
Core Platform Terms
Part A of the Spontigo Terms of Use | Effective: 2026-09-20
Thank you for using Spontigo. These Core Platform Terms (“Core Terms”) govern access to and use of the Spontigo Platform by all users, regardless of role. They apply to guests booking experiences, lodging partners, suppliers, and anyone else who accesses or uses the Platform.
Additional terms apply depending on how you use the Platform. The applicable additional terms are listed below and are incorporated into the agreement between you and Spontigo by reference. In the event of a conflict between these Core Terms and any applicable additional terms, the additional terms control with respect to the subject matter they specifically address.
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Which terms apply to you? • Guests booking experiences are also subject to the Guest Booking Terms (Part B, published separately). • Lodging partners (hotels, short-term rental operators, property managers) are also subject to the Lodging Partner Agreement. • Lodging partners that subscribe to the Spontigo platform are also subject to the Platform Subscription Terms. • Suppliers (tour operators and activity providers) are also subject to the Supplier Agreement. |
By accessing or using any portion of the Spontigo Platform, you accept and agree to be bound by these Core Terms together with any additional terms applicable to your role. If you do not agree, you may not access or use the Platform.
As used in these Core Terms:
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“Spontigo,” “we,” “us,” “our” |
Spontigo, Inc. |
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“You,” “your” |
Any individual or entity that accesses or uses the Platform, including guests, lodging partners, suppliers, and their respective employees, agents, officers, and representatives. |
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“Platform” |
Spontigo’s websites (including www.spontigo.com), software, applications, APIs, and the related services and distribution and marketing channels operated by Spontigo. |
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“Services” |
The software-as-a-service, concierge services, data analytics, and software solutions provided by Spontigo through the Platform. Spontigo is not an experience provider; experiences are provided by third-party Suppliers. |
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“Products” |
Tours, activities, and other travel-related services made available by Suppliers through the Platform. |
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“Supplier” |
Any third party that provides Products for listing and booking through the Platform. |
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“Lodging Partner” |
A hotel, short-term rental operator, property management company, or other lodging operator that integrates with the Platform to make Spontigo’s pre-arrival experience offering available to its guests. |
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“Guest” |
An individual who books or attempts to book a Product through the Platform. |
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“Agreement” |
These Core Terms together with any additional role-specific terms applicable to you (the Guest Booking Terms, Lodging Partner Agreement, Platform Subscription Terms, or Supplier Agreement, as applicable), and the Spontigo Privacy Policy. |
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“Parties” |
You and Spontigo, collectively. |
This Agreement applies to and governs all use of the Platform and Services and commences upon your first access to or use of the Platform.
Either Party may terminate this Agreement for convenience upon thirty (30) days’ prior written notice to the other Party, unless the role-specific terms applicable to you or an order between you and Spontigo set a different term, renewal, or cancellation process, in which case those control. Upon termination, each Party will fulfill all obligations incurred prior to the effective date of termination, including paying all amounts owed and honoring all confirmed Product bookings made before termination, unless Spontigo specifies otherwise.
Spontigo may suspend, restrict, or terminate your access to the Platform, in whole or in part, at any time, with or without notice, if Spontigo determines in its reasonable discretion that (a) you have breached this Agreement, (b) any amount you owe Spontigo is past due, (c) your use poses a security, legal, or reputational risk to the Platform, other users, or Spontigo, or exposes Spontigo to a complaint, demand, or requirement from a carrier, service provider, or regulator, or (d) such action is otherwise necessary to protect the Platform, other users, or Spontigo’s legitimate interests. Spontigo is not liable to you or any third party for a suspension or termination under this Section, and no cure period applies to it.
Upon termination, your right to access and use the Platform ceases. Spontigo may, in its reasonable discretion, withdraw booking Services or cancel bookings if Spontigo determines such action is necessary or beneficial to protect the interests of Guests, Suppliers, Lodging Partners, or Spontigo. Provisions of this Agreement that by their nature should survive termination, including confidentiality, indemnification, limitation of liability, and intellectual property provisions, will survive.
Subject to this Agreement, Spontigo grants you a limited, non-exclusive, non-transferable, revocable right during the term of this Agreement to access and use the Platform solely for the purposes contemplated by your role (as a Guest, Lodging Partner, Supplier, or other authorized user).
Spontigo may, from time to time and in its reasonable discretion, develop and release updates to the Platform, which may include upgrades, bug fixes, patches, error corrections, new features, or modifications to or removal of existing features (collectively, “Updates”). Spontigo has no obligation to provide any particular Update or to maintain any particular feature. You agree to install and use Updates promptly when made available, and you acknowledge that the Platform may not function correctly if you do not.
You agree that you will not, and will not permit any third party to:
If you engage in any restricted use, Spontigo may, in its reasonable discretion, suspend or terminate your access to the Platform, charge you for any excess use at then-current rates, and pursue any other remedy available under this Agreement or applicable law.
“Confidential Information” means non-public business or technical information disclosed by one Party (the “Disclosing Party”) to the other (the “Receiving Party”), in any form, that is identified as confidential at the time of disclosure or that a reasonable person would understand to be confidential given its nature or the circumstances of disclosure. Confidential Information includes, without limitation, business plans, customer and reservation data, financial information, analytics, product roadmaps, pricing, and personal information.
Confidential Information does not include information that: (a) is or becomes generally available to the public through no fault of the Receiving Party; (b) was lawfully in the Receiving Party’s possession on a non-confidential basis before disclosure; (c) is rightfully obtained from a third party without restriction on disclosure; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
Each Party will (a) hold the other Party’s Confidential Information in confidence, (b) use it solely to perform under or exercise rights under this Agreement, and (c) protect it using at least the same degree of care it uses for its own confidential information of similar importance, but in no event less than a reasonable degree of care. Each Party may disclose Confidential Information to its employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations no less protective than those in this Section.
A Receiving Party may disclose Confidential Information to the extent required by law or valid legal process, provided that, where legally permitted, the Receiving Party gives the Disclosing Party prompt notice and reasonable cooperation (at the Disclosing Party’s expense) so the Disclosing Party may seek a protective order or other appropriate remedy. The Receiving Party will disclose only the portion of Confidential Information legally required.
Spontigo maintains commercially reasonable administrative, physical, and technical safeguards designed to protect against unauthorized access to, use of, or disclosure of data submitted to or processed by the Platform. No system is completely secure, however, and Spontigo does not guarantee that the Platform or any data transmitted through it will be free from unauthorized access, loss, alteration, or other security incidents. You are responsible for the accuracy, legality, and appropriateness of data you submit to or process through the Platform, and for safeguarding any credentials or access tokens issued to you.
In the event of a confirmed security incident affecting your data, Spontigo will notify you without undue delay after confirmation and will cooperate reasonably in mitigation. Specific remedies for security incidents, where applicable, are set forth in the role-specific terms applicable to you.
As between the Parties, Spontigo retains all right, title, and interest, including all intellectual property rights, in and to the Platform, the Services, and any related software, documentation, deliverables, derivative works, modifications, and improvements, whether developed before or after the date of this Agreement. No rights are granted to you by implication, estoppel, exhaustion, or otherwise, except for the limited use rights expressly stated in this Agreement.
You will not remove, alter, or obscure any proprietary notice on or in the Platform. Any feedback, suggestions, or ideas you provide regarding the Platform are provided without restriction, and Spontigo may use them for any purpose without obligation to you.
Spontigo will use commercially reasonable efforts to keep the Platform available, but the Platform is provided on an as-available basis and may be subject to scheduled maintenance, updates, and unscheduled interruptions. Spontigo will use commercially reasonable efforts to provide advance notice of planned maintenance where practicable, but is not required to do so. Spontigo may modify the Platform, change how you access it, deactivate or reset credentials, or change account configurations as Spontigo reasonably determines necessary.
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SPONTIGO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPONTIGO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA, REPORTS, OR OUTPUTS FROM THE PLATFORM WILL BE ACCURATE OR COMPLETE.
Spontigo is not the provider of any Product. Spontigo facilitates bookings as the Supplier’s authorized agent and does not endorse, sponsor, or guarantee any Product, Supplier, or Lodging Partner. Your interactions with Suppliers and Lodging Partners are at your own risk.
AUTOMATED AND AI-GENERATED OUTPUT. Parts of the Platform use automation and artificial intelligence, including third-party models, to draft messages, make recommendations, summarize or classify information, check quality, and take actions you configure or request. This output may be inaccurate, incomplete, out of date, or inappropriate for your situation, and the same input may not produce the same output twice. It is not legal, medical, safety, financial, or other professional advice. You are responsible for reviewing output before you rely on it, send it, or act on it, and for anything sent or done through your account, whether a person or an automated feature produced it. SPONTIGO HAS NO LIABILITY FOR AUTOMATED OR AI-GENERATED OUTPUT OR FOR ACTIONS TAKEN IN RELIANCE ON IT.
THIRD-PARTY SERVICES. The Platform depends on and connects to services Spontigo does not control, including property management systems, supplier booking systems, email and calendar providers, telephone carriers and messaging networks, payment processors, review sites, and model providers. Spontigo is not responsible for their availability, accuracy, fees, changes, data handling, or decisions (including filtering, blocking, suspension, or discontinuation), and a feature that depends on one of them may change or end when it does.
TRIAL, DEMONSTRATION, AND BETA ACCESS. Any access Spontigo provides without charge, on a trial or demonstration basis, or labeled beta, preview, or early access is provided as is, may be changed, limited, or ended at any time without notice, and carries no warranty, support commitment, or liability of any kind on Spontigo’s part.
NO EMERGENCY CALLING. The Platform’s voice features (including any browser softphone, direct line, or call bridged through a property’s telephone number) are not a replacement for a traditional telephone service and do not support calls to emergency services (for example 911, 112, or 999). Emergency calls attempted through the Platform will not connect. You must maintain an alternative means of contacting emergency services at every location where the Platform is used and inform your staff of this limitation. Spontigo has no liability for any attempt to reach emergency services through the Platform.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF DATA, OR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION DOES NOT LIMIT (A) YOUR PAYMENT OBLIGATIONS, (B) YOUR INDEMNIFICATION OBLIGATIONS, OR (C) SPONTIGO’S RECOVERY OF ITS LOSSES, INCLUDING LOST PROFITS, FOR YOUR BREACH OF SECTION 4 (RESTRICTED USE) OR OF ANY NON-CIRCUMVENTION OR NON-SOLICITATION OBLIGATION IN THIS AGREEMENT.
EXCEPT FOR (A) YOUR INDEMNIFICATION OBLIGATIONS, (B) YOUR BREACH OF SECTIONS 4 (RESTRICTED USE), 5 (CONFIDENTIALITY), OR 7 (INTELLECTUAL PROPERTY), AND (C) YOUR PAYMENT OBLIGATIONS, INCLUDING FEES AND AMOUNTS OWED FOR PRODUCTS BOOKED THROUGH THE PLATFORM, EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID TO SPONTIGO FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, NOT INCLUDING AMOUNTS COLLECTED FOR SUPPLIERS’ PRODUCTS OR AMOUNTS PAID BY SPONTIGO TO YOU, OR (II) ONE HUNDRED U.S. DOLLARS ($100). THIS CAP APPLIES TO EVERY OBLIGATION OF SPONTIGO UNDER THIS AGREEMENT, INCLUDING ANY INDEMNIFICATION OBLIGATION IN ROLE-SPECIFIC TERMS, UNLESS THOSE TERMS EXPRESSLY STATE A DIFFERENT CAP.
These limitations form an essential basis of the bargain between the Parties and apply even if any limited remedy fails of its essential purpose.
You will defend, indemnify, and hold harmless Spontigo and its officers, directors, employees, agents, affiliates, and contractors from and against any third-party claims, damages, liabilities, losses, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of this Agreement; (b) your use or misuse of the Platform; (c) the operation of your business; or (d) your violation of any applicable law or the rights of any third party.
Spontigo will give you prompt written notice of any claim subject to indemnification, reasonable cooperation (at your expense), and sole control of the defense and settlement, except that you may not settle any claim without Spontigo’s prior written consent if the settlement requires Spontigo to admit liability or take or refrain from any action.
This Agreement is governed by the laws of the State of Utah, without regard to its conflict of laws principles. Any action arising out of or relating to this Agreement must be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and the Parties consent to the exclusive jurisdiction and venue of those courts.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.
In any action to enforce this Agreement, the prevailing Party is entitled to recover its reasonable attorneys’ fees and costs.
Notices to Spontigo must be sent to support@spontigo.com. Notices to you may be sent to the email address associated with your account or, if no account exists, to the most recent email address you have provided to Spontigo. Notice is effective on delivery.
You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without Spontigo’s prior written consent. A change of control is deemed an assignment for purposes of this Section. Any attempted assignment in violation of this Section is void. Spontigo may assign this Agreement, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
Spontigo may use subcontractors and other third parties to perform its obligations under this Agreement and remains responsible for their performance to the same extent as if performed by Spontigo directly.
Neither Party will be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, provided the affected Party uses commercially reasonable efforts to mitigate the impact.
The Parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or fiduciary relationship between the Parties, except that Spontigo acts as Suppliers’ authorized agent for the limited purposes of accepting bookings and processing payments as described in this Agreement and the Supplier Agreement.
This Agreement is for the benefit of the Parties only and creates no rights in any third party.
If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect.
No failure or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. Any waiver must be in writing to be effective.
Spontigo may update these Core Terms from time to time. Material changes will be communicated through the Platform or by email at least thirty (30) days before they take effect, unless a shorter period is needed to comply with law or to address a security or abuse risk, and the “Effective” date at the top of this document will be updated. Your continued use of the Platform after the effective date of an update constitutes acceptance of the updated terms. If you do not agree to an update, your sole remedy is to stop using the Platform and terminate as this Agreement permits before the update takes effect. Spontigo may also ask you to re-accept updated terms through the Platform and may condition continued access on that acceptance.
This Agreement, together with the Spontigo Privacy Policy and any role-specific terms applicable to you (the Guest Booking Terms, Lodging Partner Agreement, Platform Subscription Terms, or Supplier Agreement), constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral. In the event of conflict, the order of precedence is: (1) the applicable role-specific terms, (2) these Core Terms, (3) the Privacy Policy.
This Agreement may be accepted electronically and in counterparts, each of which is deemed an original and all of which together constitute one agreement. Electronic signatures and click-through acceptance have the same force and effect as original ink signatures.
Section headings are for convenience only and do not affect interpretation.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST SPONTIGO ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES, OR IT IS PERMANENTLY BARRED. This Section does not shorten the time Spontigo has to collect amounts you owe.
A breach of Section 4 (Restricted Use), Section 5 (Confidentiality), Section 7 (Intellectual Property), or any non-circumvention or non-solicitation obligation in this Agreement would cause Spontigo harm that money alone cannot repair. Spontigo may seek injunctive or other equitable relief for such a breach in any court of competent jurisdiction, without posting a bond, in addition to its other remedies.
Guest Booking Terms
The Guest Booking Terms (Part B of the Spontigo Terms of Use) are published on their own page: spontigo.com/guest-booking-terms.html.