Terms of Use and End User License Agreement
Effective date: Jun 29, 2023
Here are some important definitions to help you understand our Terms of Use and End User License Agreement:
● SparkGenius AI, Inc. and our relevant affiliates are referred to as “SparkGenius,” “we,” “us,” and “our.”
● Our mobile Application SparkTalk is referred to as“SparkTalk,” “website,” or “application.”
● Users are referred to as “users,” “you,” or “your,” as applicable.
● Your use of the Application (including downloading, installing, registering with, accessing, or otherwise using it) is referred to as “Use.”
1. INTRODUCTION
These Terms of Use and End User License Agreement (collectively, the “Agreement”), together with all the documents referred to in it, constitute a legally binding agreement made between you as a natural person and SparkGenius AI, Inc.regarding the use of SparkTalk, website(sparktalk.ai), servers used by the applications, computer files stored on these servers, and all related services, functions, and content provided by the company (collectively referred to as “application”)
Please read this Agreement carefully before using the Application.
You must read and understand this Agreement by using the Application you indicate that you have read, understood, agreed, and accepted the Agreement. By using the Application, you agree to abide by this Agreement.
If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access and/or use the Application, and you must promptly discontinue accessing and/or using the Application.
2. CHANGES TO THIS AGREEMENT
At our sole discretion, we reserve the right to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement, and you waive any right to receive specific notice of each such change. You are responsible for periodically reviewing this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the Application after the date such revised Agreement is posted.
3. RESTRICTIONS ON WHO CAN USE THE APPLICATION
To access and/or use the Application, you must be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of and be directly supervised by their parent or guardian to access and/or use the Application, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to access and/or use the Application, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agreed (get your parent or guardian’s consent) to this Agreement prior to your access and/or use the Application; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise minors' access and/or use of the Application.
You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties outlined in this Agreement, and to abide by and comply with this Agreement.
4. GENERAL TERMS
The Application is developed for general information purposes and intended only for personal, non-commercial use. You agree not to use the Application for any illegal, inappropriate, or unauthorized purpose or activity.
5. PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy for you to understand how we process, use, and store information, including personal data. Access to and(/or) using the Application are subject to the Privacy Policy. By accessing and(/or) using the Application, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop accessing and(/or) using the Application. Please read our Privacy Policy carefully.
6. END USER LICENSE AGREEMENT
By using the Application, you undertake to respect our intellectual rights (intellectual rights related to the Application’s source code, graphic design, user interface, look and feel of the Application, content material, copyright, and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.
As long as you keep using the Application, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use the Application pursuant to this Agreement (the “License”).
You may use our Application solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the Application.
The source code, design, and content, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music, or video (hereinafter – the “works”), as well as names, logos, and trademarks (hereinafter – “means of individualization”) within the Application are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated, whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
All rights, title, and interest in and to the Application and its content, works, and means of individualization, as well as its functionalities, (1) are the exclusive property of SparkGenius AI, Inc. and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license here within.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names displayed on the Application or mentioned herein may also be the trademarks of their respective owners.
7. PROHIBITED BEHAVIOUR
You agree not to use the Application in any way that:
● is unlawful, illegal, or unauthorized.
● is defamatory of any other person.
● is obscene or offensive.
● infringes any copyright, database right, or trademark of any other person.
● advocates promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You shall not modify, translate into other languages, reverse engineer, decompile, disassemble, or otherwise create derivative works from the Application or any documentation concerning the Application.
You shall not transfer, lend, rent, lease, distribute the Application or use it to provide services to a third party or grant any rights to the Application or any documentation concerning it to a third party.
Misuse of any trademarks or other content displayed on the Application is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the Application, directly or indirectly, by way of a violation of our Intellectual Property Rights.
Moreover, you shall not attempt to use the Application or part thereof for malicious intentions.
Also, we are not responsible for the way you use the Application.
It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
8. AVAILABILITY OF THE APPLICATION, SECURITY, AND ACCURACY
To use the Application, you are required to have a compatible electronic device (computer, mobile phone, or tablet) and Internet access.
We do not warrant the Application's compatibility with all hardware and software you may use.
We make no warranty that your access to the Application will be uninterrupted, timely, or error-free.
You acknowledge that the Application is provided via the Internet. Therefore, the quality and availability of the Application may be affected by factors outside our reasonable control.
We may add new features to the Application, change, update, upgrade, modify, or do anything described without noticing you. If the need arises, we may suspend access to the Application or close it indefinitely.
You also warrant that any information you submit or send us via the Application is true, accurate, and complete.
If you decide not to use the Application for any reason, you should stop accessing the Application.
9. CHARGES
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 correspondingApp’s page on AppStore or Google Play. You can try Premium options during the free trial period as provided on the signup 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.
10. THIRD-PARTY WEBSITES AND RESOURCES
The Application may link you to other sites on the Internet and contract third parties to provide you with certain services. We have no control over and accept no responsibility for the content of any websites or mobile Application to which a link from the Application exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge sole responsibility for and assume all risk from using any third-party applications or resources.
If you have any queries, concerns, or complaints about such third-party websites or mobile applications (including, but not limited to, queries, concerns, or complaints relating to products, orders for products, faulty products, and refunds), you must direct them to the operator of that third party website or mobile Application.
11. DISCLAIMER OF WARRANTIES
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.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APPLICATION AND SERVICES PROVIDED BY THE APPLICATION. WE SHALL NOT BE LIABLE UNDER CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD PARTIES AND ACCESSED THROUGH THE APPLICATION OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE APPLICATION AND ITS SERVICES IN ANY COUNTRY.
13. LEGAL COMPLIANCE
You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
14. GOVERNING LAW AND CLAIMS
These Terms shall be governed and construed in accordance with California, United States laws, without regard to its conflict of law provisions. Any dispute between the user and SparkGenius AI, Inc.ineligible for arbitration shall be heard in California's state or federal courts.
We make no representations that the Application is appropriate or available for use in other locations. Those who access or use the Application from other jurisdictions do so of their own volition and are responsible for compliance with local law.
If you choose to access or use the Application from or in locations outside of the United States, you are responsible for the following:
a) ensuring that what you are doing in that country is legal; and
b) your consequences and compliance with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits, and authorizations.
15. TERMINATION
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all access and/or use of the Application.
16. SEVERABILITY
If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid, and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.
You shall not assign, transfer, or purport to assign or transfer the contract between you and us to any other person.
17. CONTACT INFORMATION
We reserve the right to respond to your requests, questions, commentaries, or suggestions. For these purposes, you can contact us at support@sparktalk.ai.