Sparkz Terms of Service
Effective date:
1. Agreement
These Terms govern your use of the Sparkz iOS app and related services provided by Caleb Wolin ("Sparkz," "we," "us," or "our"). By creating an account or using Sparkz, you agree to these Terms and the Privacy Policy. If you do not agree, do not use Sparkz.
2. Eligibility and accounts
You must be at least 13 years old to use Sparkz. If you are under the age of legal majority where you live, a parent or guardian must consent to your use. You are responsible for your account, your device, and activity under your phone-authenticated account. Do not impersonate another person or share access in a way that compromises account security.
3. Pairing and shared content
Sparkz lets two users pair and contribute to a shared couple space. Only pair with someone you trust. Content you place in that space may be viewed, changed, completed, or shared by your partner through available features. You retain ownership of content you submit, but grant Sparkz a worldwide, nonexclusive, royalty-free license to host, store, reproduce, process, and display it solely to operate, secure, and improve the service.
You represent that you have the rights and permissions needed for content you submit. Do not upload unlawful, abusive, threatening, infringing, deceptive, sexually exploitative, or privacy-violating content, malware, or content that harms another person. We may remove content or restrict access when reasonably necessary to enforce these Terms, protect users, or comply with law.
4. Subscriptions, trials, and purchases
Some features require a paid Sparkz subscription or in-app purchase offered through Apple. Prices, billing periods, trial availability, and included features are shown before purchase and may vary by region.
- Payment is charged to your Apple Account when you confirm the purchase.
- An auto-renewable subscription renews unless you cancel it at least 24 hours before the end of the current period.
- Your Apple Account is charged for renewal within 24 hours before the end of the current period at the displayed renewal price.
- You can manage or cancel subscriptions in your Apple Account subscription settings. Deleting Sparkz or requesting account deletion does not cancel a subscription.
- If a free trial is offered, any unused portion may be forfeited when you purchase a subscription, where applicable.
- Refunds are handled by Apple under Apple's policies, except where applicable law requires otherwise.
5. Account deletion
You may schedule account deletion in Sparkz Settings. There is a seven-day cancellation window before deletion processing begins. If a former partner remains, your individual account is deleted and the shared couple space is retained as an inaccessible archive; the remaining partner is unpaired and cannot give a future partner access to that archive. The archive is deleted after its final member's deletion is processed. See Account Deletion and Privacy Choices for details.
6. Acceptable use
You may not reverse engineer the app except where law permits; interfere with or overload the service; bypass security, access controls, paywalls, or App Check; scrape or access data without authorization; use Sparkz for unlawful conduct; or help another person do any of these things.
7. Third-party services
Sparkz relies on Apple and other third-party services for functions such as purchases, maps, authentication, storage, analytics, and notifications. Their own terms and policies may apply. We are not responsible for third-party websites, content, outages, or services outside our control.
8. Changes, availability, and termination
We may update, add, suspend, or discontinue features, and an app update may be required for continued use. We may suspend or terminate access for a material breach, security risk, unlawful conduct, or where required by law. You may stop using Sparkz at any time and may use the in-app deletion process.
9. Disclaimers
To the maximum extent permitted by law, Sparkz is provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, noninfringement, and uninterrupted or error-free operation. Sparkz is not an emergency, medical, counseling, or relationship-advice service.
10. Limitation of liability
To the maximum extent permitted by law, Sparkz and its provider will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, loss of data, loss of profits, or loss arising from reliance on user or third-party content. Where liability cannot be excluded, it is limited to the greater of the amount you paid for Sparkz in the 12 months before the claim or US $50. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.
11. Apple terms
These Terms are between you and us, not Apple. Apple is not responsible for Sparkz or its content and has no obligation to provide maintenance or support. If Sparkz fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as required by its rules; to the extent permitted by law, Apple has no other warranty obligation. We, not Apple, are responsible for addressing claims relating to Sparkz, including product liability, legal compliance, and intellectual-property claims. You must comply with applicable third-party terms and represent that you are not located in a country subject to a U.S. government embargo or designated as supporting terrorism and are not on a U.S. prohibited-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
12. Governing law and changes
These Terms are governed by the laws of the United States and the state where the provider resides, without regard to conflict-of-law rules, except that mandatory consumer protections where you live continue to apply. We may revise these Terms; the effective date above identifies the latest version. Continued use after revised Terms take effect constitutes acceptance where permitted by law.
13. Contact
Questions about these Terms may be sent to trysparksapp@gmail.com.