Terms of Service

These terms govern your use of the Spark website, dashboard, and related services (the “Service”). By creating an account or using the Service on behalf of a business, you agree to these terms on behalf of that business (the “Customer”).

The Service

Spark builds branded mobile apps for retailers and provides a dashboard for managing app content — such as locations, deals, links, and push notifications. App builds are scoped and quoted separately; the dashboard is offered as a subscription.

Accounts

• You are responsible for keeping sign-in credentials confidential and for all activity under your account.
• Account owners and admins are responsible for the team members they add and the access they grant.
• Team members can delete their own sign-in from Settings. To close the Customer's account or transfer ownership, the account owner emails us.
• Tell us promptly at [email protected] if you suspect unauthorized access.

Your content and legal compliance

You own the content you add to the Service. You grant Spark permission to host, display, and deliver that content as needed to operate the Service and your app.

You are solely responsible for your content and for making sure your app, promotions, and notifications comply with all laws and regulations that apply to your business and products — including advertising, marketing, age-restriction, licensing, and consumer-protection rules in every jurisdiction where you operate — as well as app store policies. Spark does not review content for legal compliance.

App store removal and suspension

Your app is distributed through third-party platforms such as the Apple App Store and Google Play, which can reject, suspend, or remove apps at their discretion. If your app is rejected, suspended, removed, or restricted because of your content, products, promotions, notifications, or business practices, or because of any information you gave us to publish the app, that is your responsibility, not Spark's.

• Spark and its owners, officers, employees, and contractors are not liable for any loss arising from that action, including lost sales, lost customers, lost data, or the cost of rebuilding or republishing the app.
• Subscription and build fees are not refunded because of that action, except where required by law.
• Work to resubmit, appeal, or rebuild the app is not included in your plan and may be quoted separately.
• Spark may remove content, pause notifications, or suspend your app if we reasonably believe it puts the app, our developer accounts, or other customers' apps at risk of removal.

Acceptable use

You agree not to:

• Send unsolicited, misleading, or unlawful notifications or content.
• Upload content you don't have the right to use, or that contains malware.
• Attempt to access other customers' data or interfere with the Service's security or operation.
• Resell or share access to the Service outside your business without our written permission.

Plans, fees, and limits

• Subscription fees are billed monthly in advance, as shown on our pricing page or in a written quote.
• Each plan includes the limits listed for it, such as locations, active deals, team seats, and monthly notifications.
• You may cancel at any time; cancellation takes effect at the end of the current billing period, and fees already paid are non-refundable except where required by law.
• If payment fails or the subscription ends, dashboard access may be suspended until it's resolved. Your app content is retained for a reasonable period so service can be restored.
• We may change prices with at least 30 days' notice before your next billing period.

Availability and changes

We work to keep the Service available and reliable, but it is provided “as is” and “as available.” We may improve or change features over time. Push notification delivery depends on third-party platforms (such as Apple and Google) and the user's device settings, and is not guaranteed.

Uptime, response-time, or other service-level commitments apply only if they are set out in a separate written agreement signed by Spark, such as an Enterprise agreement, and only on the terms stated there.

Termination

We may suspend or end access to the Service if you materially breach these terms, fail to pay, or use the Service in a way that creates legal risk or harms others. You may end the subscription at any time as described above. If the account owner asks us to close the account, or asks after termination, we will delete the Customer's content within a reasonable time.

Disclaimers and limitation of liability

To the fullest extent permitted by law, Spark disclaims all implied warranties, including merchantability and fitness for a particular purpose. Spark and its owners, officers, employees, and contractors will not be liable for indirect, incidental, special, or consequential damages, or lost profits or revenue. Spark's total liability for any claim relating to the Service is limited to the fees you paid in the 12 months before the claim.

Indemnity

You agree to defend, indemnify, and hold harmless Spark and its owners, officers, employees, and contractors against all claims, losses, fines, and costs, including reasonable legal fees, arising from your content, your products, your promotions and notifications, the rejection, suspension, or removal of your app because of any of those, or your violation of these terms, app store policies, or applicable law.

Changes to these terms

We may update these terms. If we make material changes, we will update the date above and notify customers before the changes take effect. Continuing to use the Service after that means you accept the updated terms.

Contact

Questions about these terms? Email [email protected].