Terms of Service of the Platform

Terms of Service is a short document, and we strongly recommend you to read it thoroughly. Thanks.
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1. Acceptance of Terms

  1. By accessing or using the CreateSpark mobile application or website (the “Service”), you agree to be legally bound by these Terms of Service (these “Terms”). Please read them carefully.
  2. If you do not agree with these Terms, you must not use the Service.
  3. You must be at least 18 years old to use CreateSpark. If you are under 18, you are not permitted to create an account or submit any personal information.

2. Purpose of the Service

  1. CreateSpark is a platform designed for creative collaboration, project matching, and content sharing among its users.
  2. We do not guarantee any specific outcome or result from the collaborations facilitated on CreateSpark.

3. User Accounts

  1. When creating an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
  2. You agree to promptly notify us at info@createsparkapp.com of any unauthorized use of your account or any other breach of security.
  3. We reserve the right to suspend or terminate your account if you violate these Terms or if we have reasonable grounds to suspect such a violation.

4. User Content and License

  1. Ownership: You retain ownership of any text, images, audio, video, or other material that you post, upload, or otherwise share (“User Content”).
  2. Limited License to Us: By posting User Content, you grant CreateSpark a non-exclusive, worldwide, royalty-free, fully paid-up license (with the right to sublicense) to use, host, store, display, reproduce, modify (for technical purposes, e.g., resizing), and distribute your User Content within or in connection with the Service, for as long as it remains on our platform. This license is solely for the purpose of operating, improving, or marketing the Service.
  3. Responsibility: You represent and warrant that you have all necessary rights to your User Content and that sharing it does not violate any law or infringe the rights (including intellectual property rights) of any third party.
  4. Removal of Content: You may remove your User Content from the Service at any time, and the license granted above will terminate in respect of future use. However, we may retain archived copies for legal or backup purposes as required by law.

    5. You agree that you will only share content for which you have the necessary rights, including rights to any third-party material embedded in your content (e.g., music, images, or video from other platforms).

5. Acceptable Use and Conduct

  1. You agree to use the Service in compliance with all applicable laws, regulations, and these Terms.
  2. You must not:
    • Post or share any content that is unlawful, defamatory, obscene, harassing, hateful, discriminatory, or otherwise objectionable, including but not limited to any depiction of child sexual abuse and exploitation..
    • Violate the intellectual property or privacy rights of others.
    • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
    • Upload malicious software, code, or data that could harm the Service or its users.
    • Engage in fraudulent, deceptive, or manipulative acts.
  3. We reserve the right (but have no obligation) to remove or block any User Content that violates these Terms or that we deem inappropriate.
  4. Any account found to be involved in publishing or transmitting child sexual abuse material (CSAM) will face immediate suspension or termination, and we may notify the relevant authorities.
  5. We comply with all applicable laws and regulations concerning the reporting of CSAE and will cooperate with law enforcement to protect minors.

6. Third-Party Links and Services

  1. The Service may include links or integrations with third-party websites, services, or content (e.g., payment processors, external platforms).
  2. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. Your interactions with such third parties are governed by their own terms and policies.

7. Payments, Refunds, and Disputes

  1. Payment Processing: We use third-party payment processors (e.g., Stripe) to handle payment transactions securely. By providing your payment information, you authorize us (and our payment processor) to charge the applicable fees.
  2. Fees and Billing: All prices and billing details will be disclosed at checkout or when you subscribe to a paid feature. You agree to pay all fees associated with your account on time. If we cannot process your payment, we may suspend or terminate your access to the paid features.
  3. Refund Policy:
    • Unless otherwise specified, all fees are non-refundable.
    • We may, at our sole discretion, consider refund requests in specific circumstances (e.g., technical issues preventing access to the Service). Please contact support@createsparkapp.com within 14 days of the charge to request a refund.
    • Any refunds granted will be processed using the original payment method whenever possible.
  4. Dispute Policy:
    • If you have a dispute regarding a payment or believe an unauthorized transaction has occurred, please contact us immediately at info@createsparkapp.com. We will investigate in good faith.
    • If you initiate a chargeback or payment dispute through your bank or card issuer, we reserve the right to suspend or terminate your account until the dispute is resolved. We also reserve the right to contest any chargebacks that we believe are invalid, fraudulent, or otherwise unsubstantiated.

8. Subscription and Cancellation Policy

  1. Subscription Terms: Some features may be offered on a subscription basis. By subscribing, you agree to pay the recurring subscription fees until you cancel.
  2. Auto-Renewal: If auto-renewal is enabled, your subscription will renew at the end of the current billing cycle unless you cancel at least 24 hours before the renewal date.
  3. Cancellation: You may cancel at any time via your account settings or by contacting us at support@createsparkapp.com.
    • Cancellations will take effect at the end of the current billing cycle. You will retain access to the subscribed features until that time.
    • We do not offer pro-rated refunds for partial months or unused subscription periods, unless required by applicable law.

9. Intellectual Property Rights

  1. Platform IP: Except for User Content, all content, materials, features, and functionality (including text, images, software, graphics, trademarks, and logos) provided through the Service are owned or licensed by CreateSpark.
  2. Limited License to You: Subject to these Terms, we grant you a personal, non-transferable, non-exclusive, revocable license to access and use the Service for your personal, non-commercial purposes. You must not copy, distribute, or create derivative works of our materials without our express written consent.

10. Termination

  1. We may suspend or terminate your access to the Service at any time, with or without notice, if you breach these Terms or if we believe it is necessary to protect our users, the Service, or our rights.
  2. You may delete your account at any time via your account settings or by contacting us at support@createsparkapp.com.
  3. Upon termination or deletion of your account:
    • Any rights and licenses granted to you in these Terms end immediately.
    • We may remove your User Content, although copies may persist in backup or archival systems for a reasonable period as required by law or legitimate business purposes.

11. Disclaimers

  1. Service “As Is”: CreateSpark is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, whether express or implied, regarding the Service’s operation, quality, or fitness for a particular purpose.
  2. No Liability for User Conduct: We are not responsible for the actions or content of any user. Collaborations, agreements, or disputes with other users are your sole responsibility.
  3. No Guarantee: We do not warrant that the Service will be uninterrupted or error-free, or that defects will be corrected. Nothing in these Terms affects any statutory rights you have as a consumer under applicable law.

12. Limitation of Liability

  1. To the fullest extent permitted by law, we (and our officers, directors, employees, and affiliates) shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Service.
  2. If we are found liable for any reason, our total liability shall be limited to the amounts paid by you (if any) to us for access to the Service in the six (6) months preceding the event giving rise to the claim, or fifty (50) euros, whichever is greater.
  3. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

13. Indemnification

  1. You agree to indemnify, defend, and hold harmless CreateSpark, its affiliates, and their respective officers, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or related to:
    • Your use of or access to the Service.
    • Your violation of these Terms.
    • Your infringement of any third-party rights, including intellectual property rights.

14. Promotions and Special Offers

  1. From time to time, we may offer promotional codes, discounts, or other special offers (“Promotions”). The following terms apply:
    • Eligibility: Promotions may be limited to certain users or regions, and additional eligibility criteria may apply.
    • Non-Transferable: Promotions are non-transferable and may not be sold, bartered, or shared.
    • Expiration: Promotions may have an expiration date, after which they are invalid. We reserve the right to modify or cancel any Promotion at any time without notice.
    • Limitations: Promotions cannot be combined with other offers unless explicitly stated. Additional terms may apply and will be communicated at the time of the offer.

15. Legal or Export Restrictions

  1. The Service is intended for use only in jurisdictions where the offering and operation of the Service are legally permitted. You are responsible for complying with all applicable laws, including export control laws and regulations.
  2. You represent and warrant that you are not located in a country that is subject to a U.S. Government or EU embargo, or that has been designated by relevant authorities as a “terrorist-supporting” country, and that you are not listed on any government list of prohibited or restricted parties.

16. Changes to the Terms

  1. We may update these Terms from time to time to reflect changes in our practices or legal requirements. When we do, we will revise the “Last Updated” date above.
  2. If changes significantly affect your rights, we will notify you via email or provide a prominent notice on the Service before such changes take effect.
  3. Your continued use of the Service after the revised Terms take effect indicates your acceptance of the updated Terms.

17. Governing Law and Dispute Resolution

  1. These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict-of-law provisions.
  2. If you are a consumer residing in the European Union, you may also be entitled to rely on mandatory consumer protection laws in your country of residence.
  3. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts located in the Netherlands, unless otherwise required by applicable consumer protection law.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional guidelines or policies referenced herein, constitute the entire agreement between you and CreateSpark regarding your use of the Service. They supersede all prior agreements, proposals, or communications.

19. Contact Us

If you have questions or concerns about these Terms, please contact us at: info@createsparkapp.com.

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