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Terms of Service

Last updated: February 23, 2025

Table of Contents

  1. Acceptance of Terms
  2. Eligibility
  3. Description of Service
  4. User Accounts
  5. Subscriptions and Payments
  6. Acceptable Use
  7. AI Disclaimer
  8. Intellectual Property
  9. User Content
  10. Disclaimers
  11. Limitation of Liability
  12. Indemnification
  13. Termination
  14. Governing Law
  15. Changes to Terms
  16. Contact Us

1. Acceptance of Terms

By downloading, installing, or using the Spark mobile application ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Fluxbyte Technologies Private Limited ("we," "our," or "us"), the company that operates Spark.

2. Eligibility

You must meet the following requirements to use Spark:

  • Age Requirement: You must be at least 14 years old to use this App. We verify your age during the onboarding process. By using Spark, you represent and warrant that you are at least 14 years of age.
  • Legal Capacity: You must have the legal capacity to enter into a binding agreement.
  • Account Limit: You may maintain only one account per device.

3. Description of Service

Spark is an AI-powered personal dating advisor that provides:

  • AI Conversations: Chat with an AI advisor for dating advice, conversation starters, date ideas, and emotional support related to romantic relationships.
  • Daily Challenges: Personalized daily activities designed to build confidence and encourage positive dating behaviors.
  • Streak Tracking: A gamified system to encourage daily engagement.
  • Saved Responses: The ability to bookmark and revisit helpful AI responses.
  • Voice Input: Speech-to-text functionality for natural conversation.

Important: Spark is an entertainment and self-improvement tool. It is NOT a substitute for professional therapy, counseling, or mental health services. See Section 7 for full AI disclaimers.

4. User Accounts

When you use Spark, an account is automatically created using your device identifier. You agree to:

  • Provide accurate information during onboarding (including truthful age verification).
  • Keep your device secure, as your account is tied to your device.
  • Accept responsibility for all activity on your account.
  • Notify us if you believe your account has been compromised.

5. Subscriptions and Payments

5.1 Subscription Plans

Spark offers the following subscription plans:

  • Weekly Plan: $9.99 per week, billed weekly.
  • Monthly Plan: $29.99 per month, billed monthly.

Prices are in US dollars and may vary by region. Prices are subject to change with notice.

5.2 Billing and Renewal

  • All payments are processed through Apple's App Store. We do not directly collect or store payment information.
  • Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current billing period.
  • Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.

5.3 Cancellation and Refunds

  • You can cancel your subscription at any time through your Apple ID account settings (Settings > [Your Name] > Subscriptions).
  • Cancellation takes effect at the end of the current billing period. You retain access to premium features until then.
  • Refunds are handled by Apple according to their refund policy. We do not process refunds directly.
  • No partial refunds are provided for unused portions of a subscription period.

6. Acceptable Use

You agree NOT to use Spark to:

  • Harm Others: Seek advice on manipulating, deceiving, harassing, stalking, or emotionally abusing another person.
  • Illegal Activities: Plan, facilitate, or discuss illegal activities of any kind.
  • Explicit Content: Generate, request, or share sexually explicit, violent, or otherwise inappropriate content.
  • Misrepresentation: Provide false age information or misrepresent your identity.
  • Reverse Engineering: Attempt to reverse-engineer, decompile, or extract the source code of the App or its AI systems.
  • Automated Access: Use bots, scrapers, or other automated means to access the App or its services.
  • Circumvention: Attempt to bypass any security measures, subscription requirements, or usage limitations.
  • Commercial Use: Use the App or AI responses for any commercial purpose without our written consent.

We reserve the right to suspend or terminate accounts that violate these terms without notice or refund.

7. AI Disclaimer

Please read this section carefully.

7.1 Nature of AI Advice

Spark uses artificial intelligence to generate conversational responses. You acknowledge and agree that:

  • AI responses are generated by machine learning models and may not always be accurate, appropriate, or applicable to your specific situation.
  • Spark is not a licensed therapist, counselor, psychologist, or medical professional. The App does not provide medical, psychological, or therapeutic advice.
  • AI-generated content should not be considered a substitute for professional advice from qualified relationship counselors, therapists, or mental health professionals.
  • Spark does not diagnose mental health conditions, personality disorders, or any medical conditions.

7.2 Limitations of AI

  • The AI may occasionally produce inaccurate, incomplete, or inappropriate responses.
  • The AI does not have awareness of your full life context, emotional state, or the complete dynamics of your relationships.
  • Responses are based on patterns in training data and may not reflect the most current social norms or cultural sensitivities.
  • The AI cannot verify the accuracy of information you provide and generates responses based on what you share.

7.3 Your Responsibility

  • You are solely responsible for any decisions or actions you take based on AI-generated advice.
  • If you are experiencing a mental health crisis, domestic violence, or any emergency, please contact emergency services (911) or relevant crisis hotlines immediately.
  • We strongly encourage users to seek professional help for serious relationship issues, mental health concerns, or emotional distress.

8. Intellectual Property

8.1 Our Property

The App, including its design, code, AI models, branding, logos, text, graphics, and all other content created by us, is the intellectual property of Fluxbyte Technologies Private Limited and is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes, subject to these Terms.

8.3 Restrictions

You may not:

  • Copy, modify, or distribute the App or any portion thereof.
  • Use our trademarks, logos, or branding without written permission.
  • Republish, sell, or commercially exploit AI-generated responses at scale.

9. User Content

Messages you send to the AI are your content. You retain ownership of your messages. By using the App, you grant us a limited license to process your messages solely for the purpose of generating AI responses and improving the service.

We do not claim ownership of your conversations. As described in our Privacy Policy, conversation data is primarily stored locally on your device.

10. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The App will be uninterrupted, error-free, or secure.
  • AI-generated advice will be accurate, reliable, or suitable for any particular purpose.
  • The App will meet your specific expectations or requirements.
  • Any errors or defects will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FLUX BYTE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, data, or goodwill.
  • Emotional distress arising from AI-generated advice.
  • Outcomes of dating or relationship decisions made based on AI advice.
  • Any damages arising from unauthorized access to your account or data.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fluxbyte Technologies Private Limited and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the App.
  • Your violation of these Terms.
  • Your violation of any rights of a third party.
  • Any actions you take based on AI-generated advice.

13. Termination

13.1 By You

You may stop using the App at any time. To fully terminate your account, you may delete the app from your device and contact us to request deletion of any server-side data. Remember to cancel your subscription through Apple's App Store settings before deleting the App.

13.2 By Us

We may suspend or terminate your access to the App at any time, with or without cause, including for:

  • Violation of these Terms or Acceptable Use policy.
  • Fraudulent or illegal activity.
  • Extended periods of inactivity.
  • Discontinuation of the service.

Upon termination, your right to use the App ceases immediately. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, and Indemnification) will remain in effect.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Any disputes arising from or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution will be conducted on an individual basis and not in a class, consolidated, or representative action.

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

  • Update the "Last updated" date at the top of this page.
  • Notify you through the App where practicable.

Your continued use of Spark after any changes constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the App.

16. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us:

  • Email: info@thefluxbyte.com
  • Company: Fluxbyte Technologies Private Limited

We typically respond within 24-48 hours.

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