Terms of Service

1. Introduction & Acceptance

These Terms of Service ("Terms") govern your use of Spotit, a macOS desktop application that highlights UI elements in response to voice questions and provides guided step-by-step assistance (the "Service"). By downloading, installing, or using Spotit, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

Spotit is a service operated by:

• CN Web Studios (KVK: 99906155)
• Orcha AI Solutions (KVK: 99897121)

Both are sole proprietorships registered in the Netherlands, jointly trading as Spotit. "We," "us," and "our" refer to these entities, operated by Ciprian Nitipir and David Vasilescu respectively. "You" and "your" refer to the individual or entity using the Service.

2. Beta Status

SPOTIT IS CURRENTLY IN OPEN BETA.

By using this beta version, you acknowledge that:

• The software may contain bugs, errors, and incomplete features
• Features may change, be removed, or break between versions
• We may discontinue the beta program at any time
• Beta support is provided on a best-effort basis with no SLA

3. Eligibility

You must be at least 18 years old to use this Service.

By using Spotit, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• Your use of the Service will not violate any applicable law or regulation

4. Service Description

Spotit is a macOS menu bar application that:

• Captures screenshots of your active window when activated via hotkey
• Records voice questions using on-device transcription (WhisperKit)
• Reads UI element information from your screen via the macOS accessibility API
• Routes requests through our secure backend proxy, which selects the optimal AI model based on your plan, request complexity, and context — API keys are never stored on your device
• Identifies and highlights relevant UI elements, with the model dynamically chosen server-side
• Provides guided step-by-step workflows to help you complete tasks in any application
• Tracks usage (queries, agentic actions, estimated cost) to enforce plan limits and provide usage visibility in the app

5. Risk Acknowledgment

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY BEFORE USING SPOTIT.

5.1 Screen Data & Privacy

Spotit captures screenshots and reads accessibility tree data from your active window. By using the Service, you acknowledge that:

• Screenshots of your active window are captured when you activate Spotit
• UI element information (labels, roles, positions) is read from the accessibility tree
• Screenshots and UI data are transmitted to our secure backend proxy, which forwards them to third-party AI providers (via OpenRouter) for processing
• Your device ID is sent with each request for rate limiting and abuse prevention
• You should avoid activating Spotit when sensitive information (passwords, financial data, private messages) is visible on screen

5.2 AI Limitations

AI models used by Spotit:

• May produce incorrect or misleading guidance
• May misidentify UI elements or highlight the wrong item
• May provide inaccurate step-by-step instructions
• Cannot guarantee correctness in all applications or contexts

5.3 Guided Actions (Act Mode)

When Act Mode is enabled, Spotit can perform actions on your behalf (clicking, typing, scrolling). By enabling Act Mode, you:

• Understand that AI-driven actions may produce unintended results
• Accept responsibility for any consequences of automated actions
• Agree to monitor guided actions and intervene if needed
• Acknowledge that actions taken cannot always be undone

5.4 Your Acknowledgment

BY USING SPOTIT, YOU:

• Understand that screen content is captured and processed
• Accept that AI guidance may be inaccurate
• Take responsibility for following or ignoring AI suggestions
• Agree not to rely on Spotit for critical, irreversible, or high-stakes operations without independent verification

6. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install Spotit on your personal macOS devices
• Use Spotit for your personal or internal business purposes

You may not:

• Sublicense, sell, or distribute Spotit
• Modify, reverse engineer, or decompile Spotit (except as permitted by law)
• Remove any proprietary notices or labels
• Use Spotit to develop a competing product

7. User Responsibilities

7.1 Accessibility Permissions

Spotit requires macOS Accessibility and Screen Recording permissions to function. You are responsible for granting these permissions and understand that they allow the app to read screen content and UI element data.

7.2 Sensitive Data

• Avoid activating Spotit when sensitive information is displayed (passwords, financial data, private correspondence)
• Do not use Spotit in environments where screen capture violates policies or regulations
• You accept responsibility for any data inadvertently captured and transmitted

7.3 Account & Usage Limits

• All AI reasoning requests are routed through our secure backend proxy; API keys are held server-side and never shipped to your device
• Usage is metered per account against your plan tier (Free or Pro)
• Each device may be linked to a maximum of 1 account to prevent abuse
• Usage is capped by estimated AI cost (not query count), so simple queries consume less budget than complex ones:

  Limit	Free	Pro ($9.99/mo)
  Daily budget	$0.25	$2.00
  Monthly budget	$5.00	$30.00
  Requests per minute	5	15
  Agentic steps per session	10	10

• We reserve the right to throttle or suspend accounts that exceed cost safety thresholds
• You are responsible for keeping your account credentials secure

7.4 Review & Verification

• Always verify AI-suggested actions before executing them in critical contexts
• Do not blindly follow guided workflows for operations that could cause data loss

8. Acceptable Use

You agree not to use Spotit to:

• Capture or transmit others' screen content without consent
• Circumvent security measures in any application
• Violate any applicable law, regulation, or third-party rights
• Abuse, overload, or interfere with the Service or third-party AI providers
• Attempt to extract, reverse-engineer, or replicate AI model behavior
• Automate interactions with applications in violation of their terms of service

9. Third-Party Services

Spotit integrates with third-party services. Your use is subject to their respective terms:

9.1 AI Providers (Cloud Mode)

9.2 Local Processing

9.3 Infrastructure

We do not control these third-party services and are not responsible for their availability, data handling, or security practices.

10. Intellectual Property

10.1 Our Software

Spotit, including its source code, design, documentation, and branding, is the intellectual property of CN Web Studios, Orcha AI Solutions, and their licensors. All rights not expressly granted are reserved.

10.2 Your Content

You retain ownership of all screenshots, voice recordings, and data processed through Spotit. We do not claim any rights over your content. Screenshots and voice data are processed transiently and are not stored by us.

10.3 AI-Generated Content

Captions, guidance text, and suggested actions generated by AI models are provided for your use. AI-generated content is subject to each AI provider's terms regarding generated content.

11. Disclaimer of Warranties

IMPORTANT — AI LIMITATIONS: Spotit is powered by artificial intelligence. AI can and will make mistakes. You should never use Spotit in contexts where you do not trust that it will take the correct action, or where an incorrect action could cause data loss, financial harm, or other damage. Always review AI-suggested actions before following them, especially in unfamiliar applications or when working with important data. You are solely responsible for any actions you take based on Spotit's guidance.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Accuracy — correctness of AI-generated guidance or element identification
• Reliability — uninterrupted or error-free operation
• Fitness — suitability for any particular purpose or application
• Compatibility — correct functioning with all macOS applications

WE DO NOT WARRANT THAT:

• AI guidance will be correct or appropriate for your situation
• Guided actions will produce the intended result
• The Service will work with every application or UI framework
• Local models (Ollama) will match cloud model quality
• Beta features will be maintained or completed

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

12.1 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY:

• Data loss — resulting from following AI-guided actions
• Unintended actions — performed by Act Mode or guided workflows
• Privacy exposure — from screenshots containing sensitive content
• API costs — incurred through cloud mode usage
• System damage — from granting accessibility permissions
• Indirect damages — consequential, incidental, special, or punitive damages

12.2 Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF:

• The amount you paid for the Service in the 12 months preceding the claim, OR
• One hundred euros (EUR 100)

12.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless CN Web Studios, Orcha AI Solutions, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Screenshots or data you transmit through the Service
• Actions performed by guided workflows at your direction

14. Termination

14.1 By Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including if we reasonably believe you have violated these Terms.

14.2 By You

You may stop using the Service at any time by uninstalling the application.

14.3 Effect of Termination

Upon termination:

• Your license to use the Service ends immediately
• Sections 5, 10–13, and 15–18 shall survive termination

15. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of the Netherlands.

If you are a consumer in the European Union, you may also have the right to bring proceedings in your country of residence.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting the revised Terms with an updated "Last Updated" date and version number.

Your continued use of the Service after changes constitutes acceptance of the revised Terms.

For material changes, we will make reasonable efforts to notify users through the application.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spotit regarding your use of the Service.

19. Contact Information

For questions or concerns about these Terms:

• CN Web Studios (KVK: 99906155) — Ciprian Nitipir
• Orcha AI Solutions (KVK: 99897121) — David Vasilescu
• Email: contact@getspotit.com
• Website: getspotit.com