Terms of Service

Please read these Terms carefully before using Spotka.

Effective date: August 3, 2026 · Last updated: August 3, 2026

By creating an account, signing in, or otherwise using the Spotka app, you agree to be bound by these Terms. If you do not agree, do not use the app. These Terms cover the Spotka app and web app specifically. The separate Sponic Gardens physical venue has its own terms.

1. About Spotka

Spotka ("we," "us," or "our") is a social app that helps members meet in person. Our AI agent, Fern, conducts an onboarding interview by voice or text, learns your interests, and helps organize and personalize "Agentic Gatherings": small in-person meetups coordinated through the app.

These Terms govern your use of spotka.co, the Spotka mobile and web apps, and all related services (collectively, the "Services").

Provider: Sponic Gardens sp. z o.o., registered office al. „Solidarności" 68/121, 00-240 Warszawa, Poland; KRS 0001248017 (District Court for the Capital City of Warsaw, XII Commercial Division); NIP 5253094235; REGON 545044515. Contact: [email protected]. For consumer purchases, this document also serves as the Regulamin within the meaning of Polish law.

2. Eligibility and accounts

You must be at least 18 years old to create a Spotka account. By using the Services you represent that you meet this requirement.

You are responsible for the confidentiality of your account credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

3. Onboarding and AI features

By using Spotka you acknowledge and agree that:

Fern may observe your onboarding interview, messages, and in-app activity to personalize gathering and idea suggestions.
Your interactions with Fern (voice, text, and feedback) may be processed to improve your experience and our AI models.
Automated systems may recommend gatherings, ideas, and members to connect with. You may request human review of a significant automated decision by contacting us.
AI-generated content and suggestions are not professional advice (medical, legal, financial, or otherwise).

Fern is designed to work for your best interests, not to maximize engagement.

4. Member conduct

When using Spotka, you agree to:

Treat other members and Fern's human team with respect and dignity.
Provide accurate information in your profile and not impersonate another person.
Attend gatherings you commit to, or cancel with reasonable notice.
Not use the Services for any unlawful purpose or in a way that violates these Terms.
Not record, photograph, or otherwise capture other members without their consent.
Not upload or transmit content that is harmful, illegal, defamatory, or infringes a third party's rights.
Not attempt to gain unauthorized access to any part of the Services or another member's account.

We may suspend or terminate your account if you violate these Terms or engage in conduct that harms other members. We will use reasonable efforts to give advance notice, except where immediate action is necessary to protect the safety of others.

5. Intellectual property

All content, software, and designs we make available through the Services (including our AI models, interface designs, and branding) are owned by or licensed to Sponic Gardens sp. z o.o. and protected by intellectual property law. You may not copy, modify, or create derivative works from our proprietary materials without our written permission.

Content you create or upload (messages, photos, gathering descriptions) remains yours. You grant us a limited, non-exclusive license to use that content solely to operate and improve the Services.

6. Third-party services

The Services integrate with third-party AI, payment, and infrastructure providers. We are not responsible for the practices of these third parties; their own terms and privacy policies apply to their portions of the Services.

7. Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free. AI-generated recommendations are provided for convenience and are not professional advice. Spotka does not guarantee the conduct of other members at a gathering.

8. Limitation of liability

To the fullest extent permitted by law, Sponic Gardens sp. z o.o. and its officers, directors, employees, and agents are not liable for indirect, incidental, special, consequential, or punitive damages arising out of your use of the Services. Our total liability for any claim relating to these Terms or the Services shall not exceed the greater of (a) fees you paid us in the three months preceding the claim, or (b) $100 USD.

9. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law provisions. Disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. You waive any right to a class-action lawsuit or class-wide arbitration against us.

For consumers resident in Poland or the EU, the sale of any paid feature is governed by Polish law, and nothing in these Terms (including the liability limits above and this section's Delaware-law, arbitration, and class-action provisions) limits your mandatory rights under the Polish Consumer Rights Act and applicable EU law. This section's dispute provisions do not apply to consumers.

10. Purchases, payment, and right of withdrawal

Some gatherings may involve a ticket, deposit, or paid offer, priced and disclosed to you before you pay. Online payments are processed by Przelewy24 (operated by PayPro S.A., ul. Pastelowa 8, 60-198 Poznań, KRS 0000347935), supporting BLIK, cards, and bank transfers. A contract of sale is concluded when your payment is confirmed.

Complaints (reklamacje): if a paid feature is not performed properly, email [email protected] describing the problem and your order. We respond within 14 days.

Right of withdrawal (odstąpienie od umowy): a consumer who concludes a distance contract with us may generally withdraw within 14 days without giving a reason, by a clear statement to [email protected]. Under art. 38 of the Polish Consumer Rights Act, this right does not apply to services connected with a specific date or period (for example, a ticket to a dated gathering) or to a service fully performed with your prior consent before the withdrawal period ends. Where the right applies, we refund within 14 days using your original payment method.

You may also use out-of-court redress, including the EU ODR platform at ec.europa.eu/consumers/odr.

11. Changes to these Terms

We may update these Terms from time to time. For material changes, we will notify you by email or a prominent in-app notice at least 14 days before the changes take effect. Continued use of the Services after that date is acceptance of the revised Terms.

12. Contact

Sponic Gardens sp. z o.o.
[email protected]
spotka.co