Chat Spark Terms of Service Agreement

Welcome to Chat Spark, an Artificial Intelligence chat service for children, provided by Sparkapps.ai (“Company”). Please read these Terms of Service (“Terms”) carefully before using the Chat Spark application (“App”) or any related services (“Services”).

By accessing or using the App, you (“User” or “You”) agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the App.

Eligibility

To use the App, you must be at least 13 years old or have the express permission of a parent or legal guardian. The App is not intended for use by children under the age of 13 without parental or guardian consent.

License

Subject to your compliance with these Terms, Sparkapps.ai grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the App and Services for your personal, non-commercial use.

User Conduct

You agree to use the App and Services only for lawful purposes and in accordance with these Terms. You are responsible for all activities that occur under your account. You agree not to:

a) Use the App or Services to harass, abuse, or harm others, or to promote or engage in illegal activities.

b) Impersonate any person or entity, or falsely claim an affiliation with any person or entity.

c) Share any content that is inappropriate, obscene, pornographic, violent, or that promotes or incites hatred, discrimination, or violence.

d) Interfere with, disrupt, or otherwise negatively affect the operation or security of the App or Services, or other users’ enjoyment of the App or Services.

e) Attempt to access, tamper with, or use non-public areas of the App, Company’s computer systems, or the technical delivery systems of Company’s providers.

f) Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying ideas of the App or Services.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information.

Intellectual Property

The App, Services, and all related content, including but not limited to text, images, graphics, logos, and software, are the property of Sparkapps.ai or its licensors and are protected by international copyright, trademark, and other intellectual property laws. You agree not to reproduce, distribute, modify, or create derivative works from any content available on the App or Services, without express written permission from Sparkapps.ai.

Limitation of Liability

To the extent permitted by law, in no event shall Sparkapps.ai, its affiliates, directors, employees, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your access to or use of the App or Services.

Changes to Terms

Sparkapps.ai may modify these Terms at any time, at its sole discretion. If we make changes to these Terms, we will post the updated Terms on the App or Services and update the “Last Updated” date at the top of this document. Your continued use of the App or Services constitutes acceptance of the modified Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the country in which the Company is registered, without regard to its conflict of law provisions.

Termination

Sparkapps.ai reserves the right, in its sole discretion, to terminate your access to the App and Services or any portion thereof at any time, without notice, if you breach these Terms or for any other reason. Upon termination, all rights granted to you under these Terms will cease.

Disclaimers

The App and Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Sparkapps.ai does not warrant that the App or Services will be uninterrupted, error-free, or completely secure.

Indemnification

You agree to indemnify, defend, and hold harmless Sparkapps.ai, its affiliates, directors, employees, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from your use of the App or Services, your violation of these Terms, or your infringement of any third-party rights, including but not limited to intellectual property rights.

International Users

The App and Services are controlled and operated by Sparkapps.ai from its offices within the country in which the Company is registered. Sparkapps.ai makes no representation that the App or Services are appropriate or available for use outside of that country. Access to the App or Services from territories where their content is illegal is prohibited.

Entire Agreement

These Terms, together with any additional terms and conditions incorporated herein by reference, constitute the entire agreement between you and Sparkapps.ai concerning your use of the App and Services and supersede all prior or contemporaneous understandings, agreements, or communications between you and Sparkapps.ai.

Waiver and Severability

No waiver of any term of these Terms by Sparkapps.ai shall be deemed a further or continuing waiver of such term or any other term. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without Sparkapps.ai’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Sparkapps.ai may freely assign or transfer these Terms without restriction.

Force Majeure

Sparkapps.ai shall not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, embargoes, or acts of government or civil authorities.

Notices

Any notices or other communications provided by Sparkapps.ai under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the App or Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Complaints and Dispute Resolution

If you have any complaints or concerns about the App or Services, please contact us at [email protected]. We will work with you in good faith to resolve any issues that may arise. In the event that we are unable to reach a resolution, any disputes arising out of or in connection with these Terms shall be finally settled under the rules of the country in which the Company is registered.

Survival

Sections 5 (Intellectual Property), 6 (Limitation of Liability), 12 (Indemnification), and any other provisions which by their nature should survive the termination of these Terms, shall survive the termination of these Terms.

Language

These Terms have been prepared in English, and any translations into other languages are for your convenience only. In the event of any inconsistency or conflict between the English version and any translated version, the English version shall prevail.

Feedback

We welcome your feedback, comments, and suggestions for improvements to the App and Services. You can submit feedback by emailing us at [email protected]. By submitting feedback, you grant Sparkapps.ai a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your feedback throughout the world in any media.

Children’s Privacy

Protecting the privacy of young children is important to us. For that reason, we do not allow children under the age of 13 to use the App or Services without the consent of a parent or legal guardian. If you believe that a child under 13 has provided personal information to us, please contact us at [email protected], and we will take appropriate steps to delete that information.

DMCA Notice

If you believe that your copyrighted work has been used or displayed on the App or Services in a way that constitutes copyright infringement, please provide Sparkapps.ai’s designated copyright agent with a written notice containing the following information:

a) A description of the copyrighted work that you claim has been infringed;

b) A description of where the material that you claim is infringing is located on the App or Services;

c) Your address, telephone number, and email address;

d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

e) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

f) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Sparkapps.ai’s designated copyright agent for notice of claims of copyright infringement can be reached at the following address:

Copyright Agent

Sparkapps.ai

Email: [email protected]

Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and the trade and economic sanctions maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control. You warrant that you are not located in any country or on any list of prohibited persons to which the United States has embargoed goods or services.

In-App Purchases

The App may offer in-app purchases, including but not limited to subscriptions, virtual currency, or additional content. All in-app purchases are non-refundable, except as required by applicable law. Prices for in-app purchases may change at any time, and Sparkapps.ai does not provide price protection or refunds in the event of a price reduction or promotional offering.

No Partnership or Agency

Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between you and Sparkapps.ai, or to authorize either you or Sparkapps.ai to act as agent for the other. Neither you nor Sparkapps.ai shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability, and the exercise of any right or power).

Changes to the App or Services

Sparkapps.ai reserves the right to modify, suspend, or discontinue the App or Services, or any part thereof, at any time and without notice. You agree that Sparkapps.ai shall not be liable to you or any third party for any modification, suspension, or discontinuance of the App or Services.

Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Equitable Remedies

You acknowledge and agree that your breach of these Terms may cause irreparable harm to Sparkapps.ai, and, accordingly, you agree that Sparkapps.ai will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions, and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Sparkapps.ai may have for a breach of these Terms.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App, Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Electronic Communications

By using the App or Services, you consent to receiving electronic communications from Sparkapps.ai, including but not limited to notices about your account, updates to the App or Services, or any other information related to your use of the App or Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Accessibility

Sparkapps.ai is committed to making the App and Services accessible to all users, including those with disabilities. If you have any difficulty accessing or using the App or Services due to a disability, please contact us at [email protected], and we will work with you to provide a more accessible experience.

Unsolicited Ideas and Feedback

Sparkapps.ai values your feedback but does not accept unsolicited ideas or suggestions for improvements, including ideas for new products, technologies, services, or marketing strategies. Please do not submit any unsolicited ideas or suggestions to Sparkapps.ai through any means, including but not limited to email, the App, or social media platforms. If you choose to submit any unsolicited ideas or suggestions despite our request, you agree that Sparkapps.ai has no obligation to review, consider, or implement your submission, and that Sparkapps.ai may use or redistribute your submission for any purpose without compensation or acknowledgement of your contribution.

Assignment by Sparkapps.ai

Sparkapps.ai may assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Any attempted assignment or delegation in violation of this section shall be null and void.

Apple App Store Additional Terms

If you download the App from the Apple App Store, the following additional terms apply:

a) These Terms are solely between you and Sparkapps.ai and not with Apple, Inc. (“Apple”). Apple is not responsible for the App or its content.

b) Your use of the App must comply with the App Store Terms of Service.

c) Apple has no obligation to provide any maintenance or support services for the App.

d) In the event of any conflict between these Terms and the App Store Terms of Service, the App Store Terms of Service will control to the extent of such conflict.

e) You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Google Play Store Additional Terms

If you download the App from the Google Play Store, the following additional terms apply:

a) These Terms are solely between you and Sparkapps.ai and not with Google, Inc. (“Google”). Google is not responsible for the App or its content.

b) Your use of the App must comply with the Google Play Store Terms of Service.

c) Google has no obligation to provide any maintenance or support services for the App.

d) In the event of any conflict between these Terms and the Google Play Store Terms of Service, the Google Play Store Terms of Service will control to the extent of such conflict.

e) You acknowledge and agree that Google and its subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Governing Law and Jurisdiction

These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the country in which the Company is registered, without regard to its conflict of laws principles.

You agree that the courts of the country in which the Company is registered shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

Revisions to these Terms

Sparkapps.ai reserves the right, at its sole discretion, to revise or update these Terms at any time. If we make material changes to these Terms, we will provide notice to you through the App or by other means, at our discretion. Your continued use of the App or Services following the posting of changes constitutes your acceptance of those changes.

Additional Terms

Some parts of the App or Services may be subject to additional terms and conditions. By using those parts of the App or Services, you agree to be bound by the additional terms and conditions applicable to those areas. In the event of a conflict between these Terms and any additional terms and conditions, the additional terms and conditions shall govern to the extent of the conflict.

Remedies

If you violate these Terms, Sparkapps.ai may, at its sole discretion, take any appropriate action to protect its interests, including but not limited to seeking legal or equitable remedies, reporting violations to the appropriate authorities, or restricting or terminating your access to the App or Services.

Relationship of the Parties

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Sparkapps.ai. You have no authority to make or accept any offers or representations on behalf of Sparkapps.ai.

Successors and Assigns

These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

Cumulative Rights

The rights and remedies provided by these Terms are cumulative and the use of any one right or remedy by Sparkapps.ai shall not preclude or waive its right to use any or all other remedies.

By using the Chat Spark App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you should not use the App or Services.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

Waiver

No waiver by Sparkapps.ai of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure of Sparkapps.ai to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms, together with any additional terms and conditions incorporated herein by reference, constitute the entire agreement between you and Sparkapps.ai with respect to the App and Services and supersede all prior or contemporaneous understandings, communications, and proposals, whether oral or written, between you and Sparkapps.ai with respect to the App or Services.

Force Majeure

Sparkapps.ai shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Please ensure that you have read and fully understood these Terms of Service before using the Chat Spark App. Your use of the App or Services indicates your acceptance of these Terms. If you do not agree with any part of these Terms, you should not use the App or Services.

Acknowledgement

By using the Chat Spark App, you acknowledge that you are the legal age of majority in your jurisdiction or that you are using the App with the consent and supervision of a parent or legal guardian. You also acknowledge that you have read, understood, and agree to comply with all applicable laws and regulations in your use of the App and Services.

Parental Consent and Supervision

Parents and legal guardians are responsible for monitoring their children’s use of the App and Services. By allowing your child to use the Chat Spark App, you agree to be bound by these Terms on behalf of your child. You are responsible for supervising your child’s use of the App and Services and for ensuring that their use is in compliance with these Terms and any applicable laws and regulations.

Privacy

Please review our Privacy Policy, which is incorporated into these Terms by reference, to learn about how we collect, use, and share your personal information.

Contact Us

If you have any questions, concerns, or suggestions regarding these Terms, the App, or the Services, please contact us at [email protected]. We will make every effort to address your concerns promptly and courteously.

By using the Chat Spark App and Services, you agree to be bound by these Terms of Service. If you do not agree with any part of these Terms, please do not use the App or Services.

Language of Terms

These Terms are prepared and written in English. In the event that these Terms are translated into another language, and there is a conflict between the English version and the translated version, the English version shall prevail.

Survival

Any provisions of these Terms that by their nature should survive the termination of your use of the App or Services, including but not limited to provisions regarding intellectual property rights, warranty disclaimers, indemnification, and limitations of liability, shall continue to apply even after the termination of your use of the App or Services.

Notices

All notices, requests, and other communications under these Terms must be in writing and will be deemed to have been duly given when personally delivered, when sent by email to the address specified in these Terms, or when sent by registered or certified mail, return receipt requested, postage prepaid, to the address specified in these Terms.

Interpretation

In these Terms, words importing the singular include the plural and vice versa, words importing gender include all genders, and words importing persons include individuals, partnerships, associations, trusts, unincorporated organizations, and corporations.

Your use of the Chat Spark App and Services indicates your acceptance of these Terms of Service. If you do not agree with any part of these Terms, please do not use the App or Services.