Terms of Service
Effective Date: October 6, 2025
Last Updated: October 6, 2025
1. Acceptance of Terms
By downloading, installing, accessing, or using the Spark Social mobile application or the Spark Social PDS (together, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
2. Acceptance of Terms
Spark Social PBC ("we," "our," "us") provides a social networking platform where users can access, create, share, and engage with content, in accordance with these Terms.
3. Age Restrictions
Our Service is intended only for access and use by individuals at least 13 years old. By accessing or using our Service, you warrant and represent that you are at least 13 years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms.
If you are under 13 years old, you are prohibited from both the access and usage of this Service.
4. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of Spark Social PBC and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
5. Service Access and Subscriptions
Access to our Service may require registration and/or subscription. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
We reserve the right to modify, suspend, or discontinue the Service at any time without notice.
6. Subscription Terms
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis. Billing cycles are set on a monthly or annual basis, depending on the type of subscription plan you select.
A valid payment method is required to process the payment for your subscription. You shall provide accurate and complete billing information.
7. User Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for all activities that occur under your account.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
8. User-Generated Content
Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
a. Ownership & License
You retain ownership of any content you create, upload, or share through the Service ("User Content"). By submitting User Content, you grant Spark Social PBC a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute such content in connection with operating and improving the Service.
b. Acceptable Content
You may not post content that:
• Involves child sexual abuse material (CSAM) or any sexualization/exploitation of minors, including nudity or suggestive content featuring minors.
• Depicts graphic violence, gore, or incites/promotes terrorism, violent extremism, or organized crime; includes threats or encouragement of harm, self-harm, or suicide.
• Is sexually explicit or pornographic; includes non-consensual intimate imagery ("revenge porn").
• Constitutes harassment, bullying, doxxing, or hate speech against protected classes.
• Promotes illegal activities or regulated goods abuse (illegal drugs, explosives, firearms) or provides instructions to commit crimes.
• Infringes copyright, trademark, publicity, privacy, or other rights.
• Is fraudulent or deceptive (e.g., scams, impersonation), or spreads harmful misinformation.
• Is spammy or malicious (mass unsolicited promotions, malware, manipulation of engagement).
We reserve the right to remove or restrict content that violates these rules or is otherwise harmful, and to report unlawful content to appropriate authorities.
9. Prohibited Uses
You may not use our Service:
- For any unlawful purpose or to solicit others to perform unlawful acts
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
- To collect or track the personal information of others
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose
- To interfere with or circumvent the security features of the Service
10. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.
11. Limitation of Liability
In no event shall Spark Social PBC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, punitive, special, or consequential damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.
In no event shall our liability exceed the amount paid by you, if any, for accessing or using the Service during the twelve (12) months immediately preceding the date of the claim or one hundred dollars ($100), whichever is greater.
12. Indemnification
You agree to defend, indemnify, and hold harmless Spark Social PBC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).
13. Dispute Resolution
Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in State of Delaware, United States.
You agree to waive your right to a jury trial and to participate in a class action lawsuit.
14. DMCA Notice and Takedown Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place on the Service, you must submit your notice in writing to the attention of our copyright agent.
15. Force Majeure
We shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond our reasonable control.
16. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.
17. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
18. Governing Law
These Terms shall be interpreted and governed by the laws of State of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
19. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
20. Entire Agreement
These Terms constitute the sole and entire agreement between you and Spark Social PBC regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
21. Contact Information
If you have any questions about these Terms and Conditions, please contact us at hello@sprk.so.