Term of Use

Updated

June 26, 2024

INTRODUCTION

This Term of Use govern the use of the content and services offered through Sparky application (“Sparky App” or “App”), Spark website and Spark social media accounts (collectively “Services”).The terms “user” or “you” refer to the user of the Services.By using or accessing our Services you accept this Term of Use.Your use of our Services is subject to Spark Privacy Policy, which is an integral part of these Term of Use and is available at: Privacy Policy

Spark APP General rules

By using Spark App you are subject to this Term of Use and to any rules or policies applied by any App Store provider from whose site you download the App (“Provider”).We license use of Spark App to you on the basis of this Term of Use. We (or our affiliates and/or third party licensors, where applicable) remain the owners of Spark App all times.

App account and Subscriptions

To use Spark Services registration is not required, but to download and use Spark App you must sign in with your Apple ID or Google ID.

Relevant rules of Apple Inc. and Google Inc. respectively located at: https://www.apple.com/itunes and https://play.google.com/store apply. If you use a Provider other than listed above, you are subject to the terms and conditions of that Provider. Please contact your Provider in connection with any issues regarding your account.

Spark App offers the Pro and Max subscription plans that grants you access to additional features. You can purchase and/or subscribe to Spark Pro and Max plan or other paid products. By paying the subscription fee you get access to Spark Pro and Max plan during the time your subscription is valid, subject to these Terms and Conditions. All subscriptions with Spark Pro and Max are paid in advance. You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. You hereby consent to start using the Services immediately upon subscribing with Spark Pro and Max or other paid products. This means that you will only have 7 days to withdraw from the contract with Spark from the date you receive confirmation of your subscription via email if you do not start using the service during that period. Spark reserves the right to change the subscription fees from time to time.

Users purchase subscriptions for Spark App through the App Store, the Google Play store, or other Provider are governed by the terms and conditions of the Provider. Please contact your Provider in connection with any issues regarding payments, renewals and refunds.

If you have subscribed to Spark Pro and Max plan through the use of App Store, Google Play Store or any other Provider, using in-app purchase, you can only cancel your subscription through the use of their services. Apple subscription purchases are handled by Apple Inc. Spark does not have access to your billing information and cannot issue a refund. To request refund and with other issues regarding subscription please contact Apple Inc. Google Play subscription purchases are handled by Google Inc. Spark does not have access to your billing information and cannot issue a refund. To request refund and with other issues regarding subscription please contact Google Inc.

You can at any time choose to cancel/end your account by contacting the Provider. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription. Please note that if you have subscribed to Spark through the use of App Store, Google Play Store, or any other Provider, you can only cancel your subscription through the use of their services. To find out how to cancel the subscription and/or your account, please follow the instructions in the App or contact your Provider for help.

Age

Spark App is not directed to individuals under the age of sixteen (16). To use the App, you agree that you must be 16 or older. However, if law requires that you must be older in order for Spark to lawfully provide the Services to you without parental consent (including using of your personal data) then you must acquire this minimum age.

Using App

Spark is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you’re paying for.

It’s your responsibility to keep your phone and access to Spark App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Spark App won’t work properly or at all.

Certain functions of the App will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider. Spark cannot take responsibility for the App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming.

Along the same lines, you need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the service, Spark cannot accept responsibility.

Although we endeavour to ensure that the App is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Spark accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the App.

At some point, we may wish to update the App. The App is currently available on iOS and Android – the requirements for systems (and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App. Spark cannot guarantee that it will always update the App so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device.

We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.

If you are not the bill payer for the device on which you are using the App, please be aware that we assume that you have received permission from the bill payer for using the App.

MEDICAL DISCLAIMER

Spark App provides mobile meditation and reflection, mindfulness, mood tracking and journaling content which together with emotive influences analysis serves the users to improve their well-being. Spark is not a health care or medical provider, nor should Spark’s Services be considered medical advice.

While there meditation and other techniques are provided in Spark App in consultation with psychologists as an assistance in the prevention and recovery process for a wide array of conditions as well as in improving some performance issues, Spark makes no claims, representations or guarantees that the App provides a physical or therapeutic benefit.

PRACTICES CONDUCTED WITH Spark APP ARE NOT A REPLACEMENT FOR OR A FORM OF THERAPY NOR ARE THEY INTENDED TO CURE, TREAT, OR DIAGNOSE MEDICAL CONDITIONS. ONLY YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER CAN DO THAT. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH.

SHOULD YOU HAVE DEPRESSION, HAVE BEEN DIAGNOSED WITH OTHER MENTAL DISORDER OR HAVE OTHER EXISTING MENTAL HEALTH CONDITIONS ALWAYS SPEAK TO A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE STARTING Spark PRACTICES TO TALK THROUGH YOUR OPTIONS AND TO CONSULT USING Spark APP IN YOUR PARTICULAR CASE.

IF YOU HAVE SERIOUS MENTAL HEALTH CONDITIONS OR ARE AT RISK OF HARMING YOURSELF OR ANOTHER PERSON, YOU SHOULD SEEK URGENT MEDICAL ADVICE OR CALL THE EMERGENCY SERVICES.

To the extent that you participate in any movement content in the App you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician or other qualified healthcare provider prior to beginning or modifying any exercise program that you undertake, especially if you any illness, or condition. You acknowledge that Spark has advised you of the necessity of doing so.

COPYRIGHTS

Subject to these Terms and Conditions, Spark grants you a limited, non-exclusive, revocable license to download and make personal non-commercial use of the Services, including downloading and making personal non-commercial use of Spark App on user’s mobile or tablet device.

All elements contained in the Services, including software, App, App content, website, website and social media pages content (together as “Materials”) are owned by Spark (or our affiliates and/or third party licensors, where applicable) and are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. You agree and acknowledge that you shall not acquire any ownership rights in or to these Materials.

The Materials may not be used except as provided for in these Terms and Conditions. The Materials are not intended for your commercial use. You are authorized to share a limited amount of content provided by Spark on your personal social media accounts (Facebook, Twitter, etc.), your blog or other online commentary, analysis or review. You may not modify such a content. You agree not to publish such a content in false, inaccurate, or misleading context or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, hateful or otherwise objectionable.

You may not otherwise download, display, copy, reproduce, distribute, publish modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, or other Materials without Spark’s prior consent.

All trademarks, logos, images, company names and brands displayed or referred to in the Services are the property of Spark or respective owners. You have no license or right to use, alter or remove or copy them.

Any unauthorized use or violation of this Term of Use immediately and automatically terminates your right to use the Services and may subject you to legal liability.

USER’S RESPONSIBILITIES

You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Services.

You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.

You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, Spark, ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Spark HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

To the extent permitted by applicable law, the aggregated liability of each of Spark, its affiliates, employees, agents, suppliers, and licensors arising out of or in connection with the Services and this Term of Use will not exceed the lesser of: the amounts paid by you to Spark for use of the Services at issue during the 12 months prior to the event giving rise to the ability.

You use the Service at your own risk. The Service is provided “AS IS”, without any warranties, and Spark or your Provider do not warrant that the Service and availability thereof will be uninterrupted or error free. Spark or Provider do not assume any responsibility for errors or omissions in the information or software or other documents, which are referenced by or linked to. In no event shall Spark or relevant Provider be liable for any consequences of using links to third parties’ websites.

Any Materials are intended for general information purposes only. We are not liable or responsible for any consequences of your having read or been told about such Materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the Materials and information published as part of our Services.

APPLICABLE LAWS AND JURISDICTIONS

For the users located in the United States this agreement is governed by the laws of the State of California and the United States, without regard to choice or conflict of rules thereof. The exclusive jurisdiction and venue for actions related to the subject matter of this agreement shall be federal and state courts located in San Francisco County, California, the US.

For the users located in other countries (including the European Union) this agreement is governed by the laws of Poland and venue of courts located in Warsaw, Poland.

CHANGES TO TERMS & CONDITION

Spark reserves the right to change or update this Term of Use or any other of our policies or practices, at any time, and will notify users by posting updated this Term of Use, polices or practices on this page. Any changes or updates will be effective immediately upon posting. Your continued use of the Services constitutes your agreement to abide by the Term of Use, polices or practices as changed. Under certain circumstances we may also notify you of changes by additional means, such as email or notifications in Spark App.

General clauses regarding depression/mental health conditions and physical health to implement in the App Should you have depression, have been diagnosed with other mental disorder or have other existing mental health conditions consult your doctor before you start this practice. Please confirm you understand that and are aware of that.

To the extent that you participate in any movement content in the App please confirm that you are in adequate physical health.