Updated: April 19, 2023
Our Terms of Service ("Terms") create a legally binding agreement between Sparknet Ltd ("Spark," "we," or "us") and you. The Terms govern your use of our products, and services, including any applications, web interfaces, software, tools, services, documentation, content, intellectual property, and functionality that we may make available to you (collectively, our "Services").
Before using our Services, please carefully review our Terms. By accepting our Terms or accessing or using our Services in any way, you agree to comply with and be bound by our Terms. You also acknowledge that you have read and understand our Privacy Policy and Acceptable Use Policy. If you do not agree to our Terms or object to our Privacy Policy or Acceptable Use Policy, you must not access or use our Services.
We reserve the right to revise and update our Terms at any time and our sole discretion. Suppose you continue to use our Services after we post the updated Terms on our Services or otherwise notify you of such changes. In that case, you indicate your acceptance and agreement to the updated Terms. If you disagree with the updated Terms, you must immediately discontinue using our Services.
To access and use our Services, you may need to register for an account and provide us with certain information. You must ensure that all information you provide is accurate, current, and complete. By providing us with this information, you consent to our use to communicate with you about our Services. Our communications with you will satisfy any legal notice requirements.
You acknowledge that your account is for your personal use only. You must keep your passwords or credentials confidential and not share them with anyone else. You must not allow any other person or entity to access our Services using your account credentials. You are responsible for all activity under your account or using your access credentials. If you become aware of any unauthorized access to or use of your account or access credentials, you must notify us immediately by sending an email to support@sparknet.app. Unless we state otherwise in a separate agreement, we may terminate your access to the Services or your account in accordance with Section 7 below.
You can close your account at any time by contacting us at support@sparknet.app
We may allow you to evaluate our Services for a limited time or with limited functionality, including restrictions on the number of concurrent users, how you may access our Services or the number of characters per Prompt. Any use of our Services for evaluation is solely for your internal, non-commercial use.
Your use of certain Services may be subject to additional terms, which you must accept to use those Services. These additional terms will supplement our Terms and may affect your rights or obligations concerning those Services, including your obligation to pay fees. Suppose you accept these additional terms on behalf of a company, organization, or other entity. In that case, you represent and warrant that you have the authorization to bind that entity to those additional terms.
Please review our Acceptable Use Policy, which outlines the permissible uses of our Services. You may access and use our Services only in compliance with our Terms, our Acceptable Use Policy, and all applicable laws, rules, and regulations (the "Permitted Use").
You agree not to access or use the Services in any manner that violates any applicable law or regulation, including any laws related to exporting data or software to and from the United States or other countries. You also agree not to use our Services to develop products or services that compete with our Services, including developing or training any artificial intelligence or machine learning algorithms or models.
Additionally, you agree not to decompile, reverse engineer, disassemble, or otherwise reduce our Services to human-readable form except when these restrictions are prohibited by applicable law. You also agree not to crawl, scrape, or otherwise harvest data or information from our Services other than as permitted under these Terms.
You may not use our Services or Materials to obtain unauthorized access to any system or information or to deceive anyone. You agree not to infringe, misappropriate, or violate intellectual property or other legal rights, including the rights of publicity or privacy.
Furthermore, you must not engage in any other conduct that restricts or inhibits any person from using or enjoying our Services or that, in our sole judgment, exposes us—or any of our users, affiliates, or any other third party—to any liability, damages, or detriment of any type, including reputational harm. You also agree not to assist anyone in doing the above.
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The Services offered on this platform are owned and operated by us, our affiliates, licensors, and service providers (collectively referred to as "Providers"). Our Providers and we reserve all our respective rights, titles, and interests, including intellectual property rights, in and to the Services. Except for the rights of access and use that are explicitly granted in our Terms, our Terms do not convey any right, title, or interest to you in or to our Services.
● Rights to Materials: Our Services may allow you to submit text, documents, or other materials for processing ("Prompts"). Based on your Prompts, our Services may generate responses ("Results"). These Results and Prompts are collectively referred to as "Materials." You confirm that you have all necessary rights and permissions and have provided any required notices, and obtained any necessary consents for us to process any Prompts you submit in accordance with our Terms. You also confirm that your submission of Prompts will not infringe on our Terms, our Acceptable Use Policy, or any relevant laws, including intellectual property and data protection laws covering personal information contained in your Prompts. Except as our Terms provide, you retain all rights, title, and interest, including any intellectual property rights, in and to your Prompts. Subject to this Section 6(a) and without limiting Section 12, we permit you to use the Results for the PermittedUse.
● Personal Information: If you submit personal information to us in connection with your use of the Services, whether in your Prompts or otherwise, you acknowledge that our Privacy Policy governs our use and processing of such personal information.
● Nature of Results: Responses generated by the Services based on materials submitted by third parties ("Third-Party Results") may be identical or similar to third-party materials or Results generated based on your Prompts. You acknowledge that Third-Party Results are not your Results and that you have no right, title, or interest in or to any Third-Party Results.
● Reliance on Results: We make no representations or warranties regarding any results' accuracy. You should not rely on any Results without independently verifying their accuracy. Results may contain material inaccuracies even if they appear accurate due to their level of detail or specificity. The Services and Results may not reflect correct, current, or complete information.
● Our Use of Materials: We may use Materials to provide, maintain, and improve the Services, as well as to develop other products and services. We will not train our machine learning models on any Prompts or Results that are not publicly available.
Our Services are innovative and will continue to evolve. Unless we indicate otherwise in a separate agreement with you, we reserve the right to modify, suspend, or terminate the Services or your access to them, temporarily or permanently, at any time and our sole discretion, without notice to you. We will not be responsible for any changes, suspensions, or terminations of the Services or your access to them to the fullest extent permitted by applicable law.
Access to some services and/or additional features within the Application requires paid subscriptions. The complete list of Premium options and pricing is provided on the corresponding App's page on AppStore or Google Play. You can try Premium options during the free trial period as provided on the sign up screen. After the free trial period expires, an auto-renewing subscription period will start regularly. Please mind that you will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period. When you cancel your subscription, you will still have access to the basic functions of the App. Premium options are available during the whole free trial period.
Subscriptions with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your Apple ID account settings / Google Play account settings at least 24 hours before the end of the current period. Payment will be charged to your Apple ID / Google Play Account at purchase confirmation. No cancellation of the current subscription is allowed during the active subscription period. You manage subscriptions. Learn more about managing subscriptions (and how to cancel them) on the Apple support page / Google's support page. Removing the App from your device does not deactivate your subscription.
Our Services may be utilized in conjunction with third-party content, services, or integrations. We do not control and are not responsible for any losses or damages arising from your use of any third-party content, services, or integrations, for which we make no representations or warranties. Your use of any third-party content, services, or integrations is at your own risk. It is subject to any terms, conditions, or policies (including privacy policies) that apply to such third-party content, services, or integrations.
By providing us with any feedback, ideas, or suggestions for improvement (collectively "Feedback") regarding our Services, Prompts, or Results, whether through our Services or otherwise, you grant us an irrevocable, royalty-free, perpetual license to use the Feedback. You agree that our Providers and we may use the Feedback, together with any related Prompts and Results or any derivative works thereof, in any manner without providing any payment or credit to you. This includes using the Feedback in connection with developing, improving, and marketing our Services or other products or services.
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Confidential Information. In connection with your use of our Services, we may provide you with information that we identify as confidential or proprietary or that should reasonably be considered confidential or proprietary under the circumstances ("Confidential Information").
Obligations. You may only use our Confidential Information concerning the permitted use of the Services. You may only share our Confidential Information with your employees and agents who need to know such Confidential Information for the permitted use and who are bound by confidentiality obligations at least as protective as those provided in our Terms. You must protect the Confidential Information from unauthorized use, access, or disclosure at least as diligently as you protect your own highly confidential information and with no less than reasonable care. You are responsible for all uses and disclosures of Confidential Information by any of your Representatives to whom you provide access to such Confidential Information.
Exclusions. Your obligations under this section do not apply to Confidential Information that you can demonstrate: (i) was already known to you without confidentiality obligations at the time of disclosure by us; (ii) was disclosed to you by a third party without a duty of confidentiality; (iii) was or became publicly available through no fault of yours or of your Representatives; or (iv) was independently developed by you without the use of the Confidential Information. You may disclose the Confidential Information to the extent such disclosure is required by applicable law, but you agree that you will, except where expressly prohibited by applicable law, notify us promptly of any such required disclosure and fully cooperate with us in seeking to limit such disclosure.
Destruction. Upon our request, you will promptly destroy all Confidential Information in your and your Representatives' possession or control.
You agree that your use of the application shall be at your sole risk. The services and all the materials, information, software, and content integrated with the application are provided "as is" and "as available." We do not make any warranties of any kind, either express or implied, about the merchantability, technical compatibility, or fitness for a particular purpose of any service, product, content, or material provided pursuant to this agreement. We do not warrant that the functions contained on or through the application or its services will be available, uninterrupted, or error-free, that defects will be corrected, or that the services or the servers that make the service available are free of viruses or other harmful components.
We may terminate our Terms by notifying you or automatically terminate them without notice if you violate any provisions. You may terminate our Terms any time by discontinuing your use of the Services. Upon termination, your access rights will end, and you must destroy all Confidential Information. We may delete any Materials associated with your account upon termination.
Additional Terms. By using our Services, you agree to comply with any guidelines, rules, or supplemental terms that may be posted on the Services from time to time and that apply to the Services you use. Suppose we ask you to review and accept any supplemental terms that conflict with our Terms. In that case, the supplemental terms will supersede our Terms concerning your use of the Services governed by such supplemental terms to the extent of the conflict.
Entire Agreement; No Assignment. Our Terms, along with any other terms incorporated by reference, form the entire agreement between you and us regarding the subject matter of our Terms. You cannot transfer or assign our Terms without our prior written consent, but we can assign them without restrictions.
Equitable Relief. You acknowledge that (a) if you breach Section 4 (Use Rights, Requirements, and Restrictions), Section 11 (Confidentiality), no adequate remedy exists at law; (b) it would be difficult to determine the damages resulting from such breach, and any such breach would cause irreparable harm; and (c) injunctive relief provides the best remedy for any such breach. Therefore, you waive any opposition to such injunctive relief and any demand that we prove actual damage or post a bond or other security in connection with such injunctive relief.
No Joint Venture, Partnership, Employment, or Agency Relationship. You and we agree that our Terms or your access to or use of the Services do not create any joint venture, partnership, employment, or agency relationship between you and us.
No Sponsorship. Without our prior written consent, you cannot use our name, logo, or other trademarks to promote products or services other than the Services or in any other way that implies our affiliation, endorsement, or sponsorship.
Severability. Suppose any provision of our Terms is deemed invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction. In that case, it will be eliminated or limited to the minimum extent necessary to comply with applicable law. The remaining provisions of our Terms will continue in full force and effect.
No Waiver. No waiver by us of any term or condition in our Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to assert a right or provision under our Terms will not constitute a waiver of such right or provision.