Terms of Service
Last updated: September 12, 2024
Overview
Using Spark. Spark is an AI dating website that enables users to create an account, select an AI companion, and engage in conversations progressing from "strangers" to "dating." By using the Service, you have access to various AI companions and chat features provided by Spark. Your use of the Service is subject to these Terms and our Privacy Policy.
Eligibility. You may use the Service only if you can form a binding contract with Spark and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power, and authority to agree to these Terms and fully perform all obligations hereunder.
Using the Service
Age Requirement. You must be at least 18 years old to use the Service. By using the Service, you confirm that you are at least 18 years of age.
Account Responsibility. You are responsible for any activity conducted on your account. You must keep your account information accurate and secure. You may not share your account with others.
Acceptable Use Policy. You agree to use the Service only for lawful purposes. You must not use the Service to engage in any activity that is harmful, offensive, or illegal.
Restrictions. You shall not: (i) rent, lease, sell, or distribute the Service; (ii) modify, create derivative works of, decompile, or reverse engineer the Service; (iii) use the Service to store or transmit malicious code; (iv) use the Service for spamming or unsolicited messages; or (v) bypass any security measures of the Service.
Security and Data Privacy
Information Security. We implement and maintain security measures to protect your information, including password hashing. However, we cannot guarantee absolute security.
Data Privacy. Our Privacy Policy describes how we collect, use, and store your personal data. By using the Service, you agree to the terms of our Privacy Policy.
Content and AI Interactions
User Content. You retain ownership of your chat conversations and any other content you create while using the Service. However, you grant us a license to use, store, and process this content as necessary to provide the Service.
AI Companions. The AI companions provided by Spark are fictional entities. Any resemblance to real persons is coincidental. You understand that interactions with AI companions are for entertainment purposes only and do not constitute real relationships.
Billing
Payments. Some features of the Service may require payment. If applicable, payment processing is handled by Stripe. All fees are non-refundable unless otherwise stated.
Taxes. Any applicable fees are inclusive of all taxes unless specified otherwise.
Intellectual Property
All intellectual property rights in and to the Service, including the AI companions and their interactions, remain the sole property of Spark. Any feedback you provide to us regarding the Service is assigned to us.
Warranty Disclaimer
The Service is provided 'as-is' and 'as-available.' We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted or error-free.
Limitation of Liability
Our liability is limited to the amount you have paid us in the last 12 months or $15 USD, whichever is lower.
Term and Termination
Term. These Terms are effective when you first use the Service and remain in effect until terminated by either party.
Termination. We may suspend or terminate your access to the Service if you violate these Terms. Upon termination, you must cease using the Service. You may delete your account at any time, which will remove all your data from our database.
Miscellaneous
Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.
Dispute Resolution. Any disputes will be resolved through binding arbitration conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction.
Notices. All notices will be sent to the email address associated with your account.
Changes to These Terms. We may modify these Terms at any time. We will notify you of any material changes, and your continued use of the Service constitutes your acceptance of the new Terms.
Entire Agreement. These Terms constitute the entire agreement between you and Spark regarding the Service.