Terms and Conditions for Spark
I. Introduction
A. These Terms and Conditions govern your use of the Spark website and mobile application (the "Service") operated by Globalsignin Pte Ltd. ("Spark", "we", "us" or "our").
B. By accessing or using the Service, you agree to be bound by these Terms and Conditions (the "Terms" or "Agreement"). If you do not agree to all of the Terms, do not access or use the Service.
C. These Terms apply to anyone who accesses or uses the Service ("User", "you" or "your").
D. These Terms set out the legally binding terms and conditions for your use of the Service.
II. Account Registration
A. To use certain features of the Service, you must create an account with us ("Account"). When creating your Account, you must provide accurate, complete and up-to-date information. Failure to do so constitutes a breach of this Agreement.
B. You are responsible for maintaining the confidentiality and security of your Account and password. You agree to notify us immediately if there is any unauthorized use of your Account. C. We may take action against anyone who violates these Terms, including suspension or termination of Accounts.
III. Use of The Platform
A. You agree to comply with all laws, rules and regulations while using the Service. You may not use the Service in a manner that violates any laws or regulations.
B. You agree not to misuse the Service or use it in a way that interferes with or disrupts the integrity or performance of the Service, including transmitting any worms, viruses, spyware or other malicious code. You may not attempt to gain unauthorized access to the Service or content, user accounts, computers or networks.
C. We may take actions against you if we believe you are misusing the Service, including restricting access to content or features, or terminating your account.
IV. Ownership of Content
A. You retain ownership of content ("Content") that you post or upload to the Service. By posting or uploading Content to the Service, you grant us a non-exclusive, royalty-free license to display, distribute and promote your Content solely for the purpose of providing the Service.
B. The Service contains content owned or licensed by Spark, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other content, computer code, products, services, and all other elements and components of the Service. All intellectual property rights in the Service are owned by us or our licensors.
C. You will not share or resell any part of the Service in any form without our prior written consent.
V. Modifications to Service
A. We reserve the right to modify or discontinue the Service at any time for any reason. We do not guarantee that the Service, or any content, will always be available or uninterrupted. We are not liable for any harm or damages related to changes, interruptions, or cessations of the Service.
VI. Suspension and Termination of Accounts
A. We may suspend or terminate your access to the Service at our sole discretion, at any time, without notice. Reasons may include violations of these Terms or illegal or fraudulent activity.
B. You may terminate your Account at any time by visiting your Account settings. Termination will result in the deletion of your Account and any Content associated with it.
VII. Disclaimer of Warranties
A. The Service is provided without warranty of any kind. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
B. You use the Service at your sole risk. We are not liable for any harm or damages related to the use or inability to use the Service. In no event shall we be liable for any direct, indirect, punitive, exemplary, incidental, special or consequential damages.
C. The Service may contain inaccuracies or errors that could cause harm if relied upon. We make no guarantee as to the accuracy or reliability of any opinions, advice, statements or other information displayed or distributed through the Service.
VIII. Limitation of Liability
A. In no event shall Spark be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from your access to or use of the Service.
V. Subscription & Payments
A. The Service offers paid subscription plans which provide access to additional features and content. By signing up for a paid plan, you agree to pay the fees according to the payment schedule set out during the registration process. B. All fees are non-refundable. We do not provide refunds for any unused portion of your subscription or for termination of accounts due to violations of these Terms. C. You must cancel your subscription at least 3 days before the renewal date to avoid being charged for the next billing cycle. Cancellations can be made through your Account settings. D. We reserve the right to change our subscription plans and prices at any time by posting the updated plans and prices on the Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
VI. Intellectual Property
A. The Service and all intellectual property rights related to it (including but not limited to trademarks, copyright, proprietary rights, and any other rights) are owned or licensed by Spark. You do not acquire any ownership rights to the Service or its contents.
B. You agree to abide by all copyright notices, trademarks, or other legal notices contained on or in any downloaded materials from the Service. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, retransmit, or sell any part of the Service.
VII. Confidentiality and Privacy
A. We take privacy and data protection seriously. Your use of the Service is subject to our Privacy Policy, which sets out how we collect, use and share your personal information.
B. You understand that by using the Service, your personal information may be used to improve the Service using AI technologies. Continued use of the Service constitutes your consent for such use.
C. You agree to keep confidential any confidential information that you obtain through the Service. You will only use such confidential information in accordance with these Terms and for the purposes for which it was disclosed.
VIII. Termination of Agreement
A. We may terminate your Account and access to the Service for any reason at any time. Reasons may include violations of these Terms, illegal or fraudulent activity, or failure to pay any fees owed.
B. You may terminate your Account at any time by visiting your Account settings. Termination will result in the deletion of your Account and any Content associated with it.
C. Upon termination for any reason, you lose all access to your Account and Content. Provisions concerning ownership, indemnification, disclaimers, and limitation of liability shall survive termination of this Agreement.
IX. Indemnification
You agree to indemnify, defend and hold harmless Spark from and against any and all claims, losses, damages, liabilities, costs and expenses arising from your use of the Service or breach of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
X. Disclaimers
A. The Service is provided without warranty of any kind. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
B. You use the Service at your sole risk. We are not liable for any harm or damages related to the use or inability to use the Service. In no event shall we be liable for any direct, indirect, punitive, exemplary, incidental, special or consequential damages. C. The Service may contain inaccuracies or errors that could cause harm if relied upon. We make no guarantee as to the accuracy or reliability of any opinions, advice, statements or other information displayed or distributed through the Service.
XI. Dispute Resolution
A. These Terms shall be governed by and construed in accordance with the laws of Singapore without regard to its conflict of laws provisions.
B. Any dispute, controversy or claim arising out of or relating to these Terms or the Service shall be referred to and finally resolved by arbitration in Singapore under the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be in Singapore and the Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
XII. Revisions to Terms and Conditions
We may revise these Terms from time to time. The most current version will be posted on our website and mobile application. Continued use of the Service after any changes to these Terms shall constitute your consent to such changes. It is your obligation to check for updates to these Terms. If you do not agree to the revised Terms, your sole and exclusive remedy is to terminate your use of the Service.
XIII. Contact Information
If you have any questions about these Terms or the Service, please contact us at:
dpo@sparkit.ai
XIV. Conclusion
By accessing or using the Service, you confirm your agreement to be bound by these Terms. You also agree to review these Terms regularly for updates to continue using the Service. If at any time you do not agree to any portion of the then-current Terms, you must immediately terminate your use of the Service.